CHAP.
X.
imposed by
1715, ch. 36,
§. 8
Penalty for
Concealment.
To be applied
to the Encouragement
of one School
in each
County. |
per Poll, imposed by a former Act of Assembly of this Province on Penalty
and Forfeiture of Five Pounds Current Money per Poll, for every Negro
kept back or unaccounted for; to be recovered as aforesaid, and applied
to the Uses aforesaid.
IV. Which said
Duties of Twenty Shillings Current Money per Poll,
shall, for the Advancement of Learning, be applied towards the Encouragement
of one Public School in every County within this Province, (That is
to
say,) one equal Share thereof towards the Support of each School, according
tot he Directions of such Act or Acts of Assembly, as shall hereafter direct
therein.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
Preamble.
No Slave,
Free Negro,
Indian, &c.
shall be admitted
Evidence
where
a Christian
White Person
is concerned.
Yet may be
admitted as
Evidence against
one
another;
but not to the
loss of Life
or Member. |
WHEREAS it may be of very dangerous Consequence to admit and
allow as Evidences in Law, in any of the Courts of Record,
or before any Magistrate within this Province, any Negro, or
Mulatto Slave, or Free Negro, or Mulatto born of a White Woman, during
their Servitude appointed by Law, or any Indian Slave, or Free Indian
Natives
of this or the neighbouring Provinces:
II. Be it therefore
Enacted, by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of his Lordship's Governor, and the
Upper and
Lower Houses of Assembly, and by the Authority of the same, That from
and after
the End of this present Session of Assembly, no Negro, or Mulatto Slave,
Free Negro, or Mulatto born of a White Woman, during his Time of Servitude
by Law, or any Indian Slave, or Free Indian Natives of this
or the
neighbouring Provinces, be admitted and received as good and valid Evidence
in Law, in any Matter or Thing whatsoever, depending before any Court of
Record, or before any Magistrate within this Province, wherein any Christian
White Person is concerned.
III. Yet nevertheless
where other sufficient Evidence is wanting against any
Negro, or Mulatto Slaves, Free Negro, or Mulatto born of a White Woman,
during their Servitude by Law, or against any Indian Native of this
or the
neighbouring Provinces, in such a Case the Testimony of any Negro, or Mulatto
Slave, Free Negro, Mulatto born of a White Woman, or Indian Native
of this or the neighbouring Provinces, may be heard and received as
Evidence, according to the Discretion of the several Courts of Record,
or
Magistrate, before whom such a Matter or Thing against such Negro, Mulatto
Slave, &c. shall depend; Provided such Evidence or Testimony do not
extend to the depriving them, or any of them, of Life or Member.
IV. And whereas,
it so happen that Negro Slaves, &c. commit many
heinous and capital Crimes which are endeavoured to be smothered and
concealed, or else such Negroes, &c. are conveyed to some other Province, |
