Slave or Slaves, or permitting or suffering them to be about their
Houses or plantations, shall forfeit and pay at the Rate of One Hundred
Pounds of Tobacco for every Hour each Servant or Slave shall be by him,
her, or them, so entertained or permitted or suffered to be about his,
her,
or their House or Plantations as aforesaid; to be recovered in a summary
Way, before a single Magistrate, with Costs, if the Penalty does not
exceed
Six Hundred Pounds of Tobacco; and if it does exceed Six Hundred Pounds
of Tobacco, then to be recovered by Action of Debt, Bill of Indictment,
Plaint, or Information, in the County Court where the Offence shall be
committed, wherein no Essoin, Protection, Wager of Law, or above one
Imparlance, shall be allowed; the one Half whereof, shall be applied to
the
Use of the Public School of the County wherein such Forfeiture shall happen,
and the other Half to the Party grieved, provided he or she shall Prosecute
for the same within three months next after the Offence committed; otherwise
to the Informer, or him or them who shall sue for the same; Provided
such Suit be commenced within Twelve Months after such Offence committed.
III. And be it
further Enacted, That if it shall appear to any Magistrate
before whom any Conviction for Breach of this Act shall be had, that
the
Offender is unable to pay or give good Security for the Penalty aforesaid,
it
shall and may be lawful for such Magistrate, to punish such Offender,
by
Whipping on the bare Back with such Number of Stripes, not exceeding
Thirty-nine for any one Offence, as to him shall seem meet, and to require
Security for the good Behaviour of such Offender, for and during the Term
of Six Months then next following.
IV. And be it
further Enacted, That if any Servant or Slave, shall wittingly
or willingly harbour or entertain any other Servant or Servants, Slave
or Slaves, unlawfully absent from his, her, or their Master, owner, or
Overseer,
for and during the Space of one Hour, or longer, it shall and ,may be
lawful for any Magistrate, and he is hereby required, upon Complaint to
him
made, immediately to issue his Warrant against such Servant or Slave so
Harbouring
or Entertaining as aforesaid, and upon satisfactory Proof of such Harbouring
or Entertaining, to punish the Offender or Offenders, by Whipping
with such Number of Stripes, on the bare Back, as to him shall seem proper,
not exceeding Thirty-nine for any One Offence.
V. And be it
further Enacted, That the several Sheriffs of this Province
shall Read this Act on the Wednesday in each respective County Court, in
full
Court, having first given Public Notice of such Reading, by Proclamation
at
the several Ordinaries, or Houses of Entertainment, near to the Court-house,
on Pain of forfeiting Five Hundred Pounds of Tobacco for every omission
or Neglect, to be recovered and applied as aforesaid,
VI. This Act to continue for Three Years, and
to the End of the next
Session of Assembly which shall happen after the Expiration of Three Years.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
Farther continued by 1751, ch.
17; 1754, ch. 24, and 1762, ch. 9.
|
CHAP.
XIX.
How to be recovered.
Fines of Prosecution,
&c.
limited.
IN default of
Payment, Offender
to be
punished by
Whipping,
and give Security
for
good Behaviour.
Servants or
Slaves harbouring
others,
to be
punished by
Whipping.
Penalty on
Sheriffs neglecting
to
read this Act
publicly, every
Court.
Continuance. |
