CHAP.
XIV.
Testimony of
other Slaves
in what Manner
to be received.
Giving false
Testimony in
such Cases,
how punishable.
Shall be admonished
by
the Court,
when produced
as Witnesses.
On Condemnation
shall
be valued by
the Court,
and the whole
paid to the
Owner.
How punishable
by the
County Court
for Night-Rambling,
&c.
Persons Killing
any Slave
refusing to
surrender,
&c. shall be
indemnified.
Slaves so Killed,
in what
Manner to be
valued.
The whole
Value to be
paid by the
Public to the
Owner. |
of this Act, Try every such Offender or Offenders according to Law;
and upon
the Conviction of the Offender or Offenders, upon his, her, or their voluntary
Confession, or the Verdict of a Jury, upon the Testimony of one or
more legal or credible Witness or Witnesses, or even the Testimony, or
the
Evidence of other Slaves, corroborated with such pregnant Circumstances
as
shall convince and satisfy the Jury who shall try the Fact, of the Guilt
of
such Slave or Saves, to give Judgment according to the Nature and Quality
of the Offence.
V. And be it
further Enacted, That any Slave or Slaves, who shall give
any false Testimony against any Slave or Slaves who shall be Prosecuted
as aforesaid,
and shall be thereof legally convict, shall have one Ear cut off on
the Day of his or her Conviction, and receive Thirty-nine Stripes on the
bare
Back; and that the other Ear shall be cropped the next Day, and the like
Number of Stripes given the Offender on his or her bare Back.
VI. And
to the End, that such Slave or Slaves as shall be produced as a
Witness or Witnesses against other Slave or Slaves, may be deterred from
giving false Testimony; Be it Enacted,
That the Justices of Assize, or either
of them sitting, or the Justice of the County Court who shall preside,
shall admonish and charge such Witness or Witnesses to declare the Truth,
the Whole Truth, and Nothing but the Truth; and acquaint him, her, or
them, with the Danger and Consequence of giving false Testimony.
VII. And
be it further Enacted, That when any Slave shall be condemned
to suffer Death, that such Slave shall be valued by the Justices of Assize,
or
either of them then present, or County Court, according tot he best of
their
Knowledge; which said whole Value shall be paid by the Treasurer of the
respective Shore on which such Execution shall be, on the Certificate of
such
Sheriff, our of the Public Stock of this Province in the hands of such
Treasurer,
without Fee or Reward, to the Master or Owner of such Slave, in
case the said Slave be actually Executed.
VIII. And
be it further Enacted, That where any Slave shall be guilty of
rambling, riding, or going abroad in the Night, or riding Horses in the
Daytime
without Leave, or Running away, it shall and may be lawful for the
Justices of the County Court, and they are hereby obliged, upon the Application
or Complaint of the Master or Owner of such Slave, or to his, her,
or their Order, or on the Application or Complaint of any other Person
who
shall be any Ways damnified or injured by such Slave, immediately such
Slave
to punish by Whipping, Cropping, or Branding on the Cheek with the Letter
R, or otherwise, not extending to Life or to render such Slave unfit for
Labour.
IX. And
be it likewise Enacted, That if any Slave shall happen to be Slain
for refusing to surrender him or herself, contrary to Law, or in unlawful
resisting
any Officer, or other Person, who shall apprehend or endeavour to
apprehend such Slave or Slaves, and such Officer, or other Person, so Killing
such Slave as aforesaid making Resistance, shall be, and he is by this
Act,
indemnified from any i Prosecution for such
Killing aforesaid: And that in
every such case, such Slave or Slaves shall be valued by Two reputable
Persons,
not being of Kin to the Master or Owner of such Slave, upon Oath to
be administered unto them, and to be appointed to the then nearest Magistrate,
" Well and truly to Value what such Slave was Worth, to the best of
" their Knowledge, without Favour or Partiality;" and that the whole Value
of such Slave or Slaves, shall be certified by such Persons to such
Magistrate;
and that the same shall be paid to the Owner or Owners of such Slave or
Slaves, or to his, her, or their Order, by the Treasurer of the respective
Shore of this Province on which the same Death happened, upon a Certificate |