CHAP.
XLIV.
Servants unlawfully
absenting
themselves,
shall
serve, not exceeding
ten
Days for one,
at the Discretion
of the
County
Court,
besides Costs
for taking up.
Persons entertaining
such Servants
or Slaves,
forfeit 500 lb
Tobacco per
Night, or 24
Hours. (But
see the Note
below.)
Free Negroes
or Mulattoes
guilty of the
same, forfeit
1000 lb Tobacco,
or make Satisfaction
by
Servitude.
Persons travelling
without
Passes
(not being able
to give a
good Account
of
themselves)
may be taken
up as Runaways.
Persons taking
them up,
shall have
200 lb Tobacco.
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House of his, her, or their Master, Mistress, or Dame, without a Note
under
their Hands, or under the Hand of his or their Overseer, if any be,
under
the Penalty of being taken for a Runaway, and to suffer such Penalties
as are
hereafter provided against Runaways.
II. And it is
hereby further Enacted, by the Authority, Advice and Consent
aforesaid, that any Servant or Servants, unlawfully absenting
him, her, or
themselves, from his, her, or their said Master, Mistress, Dame or
Overseer,
shall make such Satisfaction by Servitude or otherwise, at the Discretion
of the Justices of the County Court where such Runaways Servant did
dwell,
not exceeding Ten Days Service for any One Days Absence; with such
reasonable
Cost for his, her, or their Taking-up, as the Court shall think fit,
be it before or after the Expiration of such Servant's first Time of
Servitude,
by Indenture or otherwise.
III. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That any Person or Persons whatsoever, that shall wittingly or willingly
entertain any such Servant or Slave, unlawfully absenting him, her,
or themselves,
as aforesaid, shall be fined Five Hundred Pounds of Tobacco, for every
* Night, or Twenty-four Hours, that such Person or Persons shall give
such Entertainment as aforesaid, the One half to his Majesty, his Heirs
and
Successors, for the Support of Government, and the other half to the
Informer,
or him or them that shall sue for the same; to be recovered in any
County Court of this Province, by Action of Debt, Bill, Plaint or Information,
wherein no Essoin, Protection or Wager of Law to be allowed.
* By 1748, ch. 19, Persons
wittingly or willingly entertaining any Servants or slaves, unlawfully
absenting, &c. or permitting them to be about their
Houses or Plantations, for One Hour
or longer, shall forfeit 100 lb Tobacco for each Hour,
&c. And Persons unable to pay the Penalty,
are punishable by Whipping, and shall give Security for
good Behaviour, &c. also Servants
or Slaves so offending may be whipped.
IV. And be it
further Enacted, That if any Free-Negro or Mulatto shall
harbour or entertain any such Servant or Slave as aforesaid, in every
such Case,
he or they so offending, shall forfeit and pay as aforesaid, for every
such Offence,
the Sum of One Thousand Pounds of Tobacco; the one Half to our Sovereign
Lord the King, his Heirs and Successors, for the Use of the Free-Schools,
the other Half to the Party grieved; to be recovered as aforesaid.
And of any such offending Negro or Mulatto, hath not an Estate sufficient,
wherewith immediately to satisfy and pay such Penalty as aforesaid,
it shall
and may be lawful for the Justices before whom such Matter is tried,
to order
Satisfaction, by Servitude, or otherwise, as they shall seem meet.
V. And
for the better Discovery of Runaways, It
is hereby further Enacted,
by the Authority, Advice and Consent aforesaid, That any Person
or
Persons whatsoever, within this Province, travelling out of the County
where he, she, or they, shall reside or live, without a Pass under
the Seal
of the said County, for which they are to pay Ten Pounds of Tobacco,
or
One Shilling in Money, such Person or Persons, if apprehended, not
being
sufficiently known, or able to give a good Account of themselves, shall
be left
to the Discretion and Judgment of such Magistrate or Magistrates, before
whom such Person or Persons as aforesaid shall be brought, to judge
thereof:
And if, before such Magistrate, such Person or Persons so taken up,
shall be
deemed and taken as a Runaway or Runaways, he, she, or they, shall
suffer
such Fines and Penalties as are hereby provided against Runaways.
VI. And
for better Encouragement of all Persons to seize and rake up
such Runaways, It is hereby further Enacted,
by the Authority, Advice and
Consent aforesaid, That all and every such Person or Persons
as aforesaid, seizing
or taking up such Runaways, travelling without Passes as aforesaid,
not being
able to give a sufficient Account of themselves as aforesaid, shall
have and receive |