and sold by their Owners, who for the sake of the Interest they have
in their
Lives and Services, suffer them to escape Justice; Be
it therefore Enacted,
by and with the Authority, Advice and Consent aforesaid, That
if any Negro or
Mulatto Slave, or Mulatto born of a White Woman, during the Time of
his
Service by Law, or Indian Slave, shall hereafter be convicted
of any capital
Crime, for which they shall suffer Death, the Court before whom they
shall
be convicted, shall immediately, upon such Conviction, Value such Negro,
or
Mulatto Slave, or Mulatto born of a White Woman, before the Expiration
of their Service appointed by Law, in Tobacco, and * Three Fourths
of their
Value to be allowed in the Public Levy, to be paid to the Owner or
Owners
of such Negro, or Mulatto Slave, or Mulatto born of a White Woman.
* By 1737, ch. 2, §. 5
and 6, the whole Value of every Slave so convicted, shall be paid to the
Owner by the
Public Treasurer, on Certificate of the Sheriff. See also 1751, ch.
14,
§. 7.
V. And whereas,
in the Law relating to Servants and Slaves, there is no Punishment
or Penalties laid upon Negroes or Mulattoes intermarrying with any
White Person; Be it therefore Enacted,
by and with the Authority, Advice
and Consent aforesaid, That if any Free Negro, or Mulatto, intermarry
with
any White Woman, or if any White Man shall intermarry with any Negro,
or Mulatto Woman, such Negro or Mulatto shall become a Slave during
Life,
excepting Mulattoes born of White Women, who foe such Intermarriage
shall
only become Servants for Seven Years, to be disposed of as the Justices
of
the County Court where such Marriage so happens, shall think fit, to
be
applied by them towards the Support of a Public School within the said
County. And any White Man or White Woman, who shall intermarry
as
aforesaid, with any Negro, or Mulatto, such White Man or White Woman,
shall become Servants during the Term of Seven Years, and shall be
disposed
of by the Justices as aforesaid, and be applied to the Uses aforesaid.
VI. And further,
Whereas many Negro, Indians, and Mulatto Slaves, are
often found guilty of Pilfering and Stealing, and other Misdemeanors,
for
which they either escape without Punishment, or else the Owners of
such
Indian, Negroes, or Mulattoes, are put to considerable Charge
by brining
them to Trial, and receiving their Punishment for such Crime before
the
County Courts; Be it Enacted, by
and with the Authority, Advice and Consent
aforesaid, That whensoever any Negro, Indian, or Mulatto
Slave, shall hereafter
be charged with any Pilfering or Stealing, or any other Crime or Misdemeanors,
whereof the County Court might have Cognizance, it shall and
may be lawful for any one of the Justices of the Provincial or County
Courts,
upon Complaint made before him, to cause such Negro, Indian,
or Mulatto
Slave, so offending, to be brought immediately before him, or any other
Justice
of Peace for the County where such Negro, or Mulatto Slave, of any
of the
Crimes as aforesaid, such Justice is hereby authorized and impowered
to award
and cause to be inflicted, according to the Nature of the Crime, such
Punishment
by Whipping, as he shall think fit, not exceeding Forty Lashes.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
CHAP.
XIII.
Slaves, &c.
on Conviction
for capital
Crimes shall
be valued by
the COurt.
See 1729, ch.
2.
Penalty on
Free Negroes,
or Mulattoes
intermarrying
with White
Persons;
on Mulattoes,
born of
White Women;
on White persons
intermarrying
with Negroes
or Mulattoes.
Slaves may in
case of Pilfering
and Stealing,
be punished
by a
single Magistrate. |
