XXIX. And be
it further Enacted, by the
Authority aforesaid, That any
Servant Woman having a Bastard Child, and not able sufficiently to prove
the
Party charged to be the Begetter of such Child; in every such Case, the
Mother
of such Child shall be liable to satisfy the Damage so sustained, by Servitude
or otherwise, as the Court before whom such Matter is brought, shall
see convenient.
XXX. Provided,
That where the Mother of any such Child as aforesaid,
do prove her Charge, by sufficient Testimony of Witness, Confession of
the
Party charged, or pregnant Circumstances, agreeing with her Declaration
in
her Extremity of her Pains or Throws of Travail, and her Oath taken by
some Magistrate before the Time of her Delivery of such Bastard Child,
or after her Delivery, then the party charged, if a Servant, shall satisfy
Half
the said Damage; if a Free Man, shall satisfy the whole Damage y Servitude
or otherwise, as the Court before whom such Matter is brought as aforesaid,
shall think fit: But if the said FreeMan cannot be brought to Justice,
the,
and in every such Case, she shall make the same Satisfaction as if she
could
not prove the Begetter as aforesaid. And if any such Mother as aforesaid,
be
able to prove, by such Testimony, or Confession of the Party charged, that
he, being a single Person and a Free Man, did, before the begetting of
such
Child, promise her Marriage, that hen he shall be at his Choice, either
to
perform his Promise to her, or recompence her Abuse according as the Court
before whom such Matter is brought, shall adjudge.
XXXI. And
be it further Enacted, by
the Authority, Advice and Consent
aforesaid, That after the
End of this Session of Assembly, it shall and may be
lawful for the Provincial and County Courts, of this Province, to hear
and
determine any Complaints between Masters and Servants, by way of Petition,
to give Judgment and award Execution upon the same. And that, upon
Appeal or Writ of Error brought upon the same, from any County Court of
this Province, to the Provincial Court, or from the Provincial Court, to
the
Governor and Council; no such Judgment shall be reversed for want of judicial
Process, or that the same was not tried by a Jury, or any Matter or Form
either in the Entry or giving Judgments: Provided that it appears
by the Record,
that the Defendant was legally summoned, and not condemned unheard.
XXXII. And
be it further Enacted, by
the Authority aforesaid, That if any
Matter of Dispute arises concerning Servants imported into this Province,
or
any Servant that binds himself for Years within this province, or any bound
out by the County Courts of this Province, in relation to their Indentures,
Contracts or Wages, or any other Matter of Difference between the said
Master and Servant, the same shall be tried, heard and determined by Petition
as aforesaid; any Law, Statute or Usage tot he contrary notwithstanding.
XXXIII.
And be it Enacted, by
the Authority, Advice and Consent aforesaid,
That no Negro or other Slave,
within this Province, shall be permitted to
carry any Gun or any other offensive Weapon, from off their Master's Land,
without Licence from their said Master: And if any Negro or other
Slave
shall presume so to do, he shall be liable to be carried before a Justice
of
Peace, and be whipped; and his Gun or other offensive Weapon, shall be
forfeited to him that shall seize the same, and carry such Negro so offending,
before a Justice of Peace.
XXXIV.
And be it Enacted, by
the Authority aforesaid, by and with the Advice
and Consent aforesaid, That
from and after the End of this Session of Assembly,
any Servant or Servants whatsoever, within this Province, that shall
feloniously take or purloin his or their Master, Mistress or Dame's Goods
or
Chattels, under the Value of One Thousand Pounds of Tobacco, shall be adjudged
Felony; and being thereof lawfully convict in any County Court of |
CHAP.
XLIV.
Bastard-bearing
Servants,
not proving
the Father, to
satisfy Damages.
Their Charge
how to be
proved.
If against a
Servant he
shall pay
half;
If a Free Man
he shall satisfy
the whole.
Promise of
Marriage being
proved against
a Free
Man, he shall
either perform
his Promise
or make
Recompence.
The Provincial
and
County
Courts may
determine
Complaints
between Masters
and Servants
by way
of Petition.
All other Disputes
relating
to Indentures,
Contracts,
Wages, &c.
are determinable
by Petition
as aforesaid.
Slaves not to
carry Guns,
&c. from off
their Master's
Land without
Leave.
Servants
stealing or
purloining
their Masters
Goods under
the Value of
1000 lb Tobacco,
to be |