CHAP.
XXVI.
The Officer
or other Person
killing a
Slave so Resisting,
&c.
shall undergo
a legal Trial,
but may plead
the General
Issue, &c.
and the Public
shall pay
the Charges
of Prosecution. |
a Supplementary Act to an Act, entitled, An Act to prevent the tumultuous
Meetings,
and other Irregularities of Negroes and other Slaves, and directing the
Manner
of Trying Slaves, made at a Session of Assembly, begun and held at
the City of
Annapolis, on the Fifteenth Day of May, in the Year of our
Lord One Thousand
Seven Hundred and Fifty-one, amongst other Things, it was 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 apoprehend, 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 Prosecution
" for such Killing aforesaid." And whereas some Doubts may possibly
arise about the Construction of the said recited Clause, and whether the
Person
so Killing such Slave as aforesaid making Resistance, shall undergo any
Prosecution for the same: For the Explanation whereof, and to prevent
all
Disputes or Doubts which may arise concerning the said Clause;;
II. Be it 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 the Authority of the same, That nothing
in the above
recited Act contained, shall be construed to indemnify any Officer, or
other
Person Killing any Slave or Slaves Resisting or refusing to Surrender,
from
undergoing a legal Trial; any Thing contained in the said Act to the contrary
notwithstanding: But that it shall and may be lawful for any Person,
upon his or her Trial for Killing any Slave or Slaves, to give this, and
the above
recited Act, in Evidence, upon Not Guilty pleaded; and if it shall
appear
upon the Evidence, that such Killing as aforesaid was done in the lawful
Execution, and in Pursuance of the aforesaid Act, that then such Person
or
Persons, so Killing as aforesaid in Pursuance and in the lawful Execution
of
the aforesaid Act, shall be acquitted and discharged thereof, and from
all Penalties,
Forfeitures and Punishments for such killing as aforesaid.
III. And be it
Enacted, That where any Person or Persons shall be Prosecuted
for Killing a Slave or Slaves Resisting, as by the said Act, entitled,
An
Act for the more effectual Punishing of Negroes and other Slaves, and for
taking
away the Benefit of Clergy from certain Offenders; and a Supplementary
Act to
an Act, entitled, An Act to prevent the tumultuous Meetings, and other
Irregularities
of Negroes and other Slaves, That then, and in such case, the Public
of
this Province shall pay such Person or Persons, all his Costs and Charges,
which he or they shall be at by Means of any such Prosecution.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
| Preamble. |
WHEREAS it is represented to this General Assembly, That by Opening
and Digging into the Banks of Patapsco River, for Iron
Stone, large Quantities of Earth and Sand are thrown and washed
into the said River, and Navigable Branches thereof, by which Practice
(if continued), the Channel of the said River, and Navigable Branches aforesaid,
will, in a short Time, be so filled up,. that Vessels of any Burthen must
be prevented from coming into the best and most secure Harbours in the
said
River, and the Navigation thereof greatly obstructed: For Remedy
of which
Evil, it is prayed that it may be Enacted;
II. And be it
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 the Authority of the same, That from and after
the |
