IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH, 187 Nor to any perfons claiming flaves by deicent, marriage or devife; nor to any V. NO negro or mulatto fhall be a witnefs, except in pleas of the Commonwealth againft negroes or mulattoes, or in civil pleas, where negroes or mulattoes alone thall be parties, a † VI. NO flave fhall go from the tenements of his matter or other perfon with whom he lives, without a pafs, or fome letter or token, whereby it may appear that he is proceeding by authority from his matter, employer, or overfeer: If he does, it shall be lawful for any perion to apprehend and carry him before a Juftice of the Peace, to be by his order punithed with stripes, or not, in his dil cretion. a VII. AND if any flave fhall prefume to come and be upon the plantation of any perion whatloever, without leave in writing from his or her owner, or overteer, not being fent upon lawful butines, it thall be lawful for the owner or overfeer of fuch plantation, to give or order fuch flave ten lathes on his or her bare back for every fuch offence. b 1702 And of citizens claims ing flaves by cefcent, vite, or marriage, of being now the owners & removing them from another ftate, and travellers carrying them out again. In what cafes negroes or mulattoes may or may not be witneffes. Slaves not to go from home, without paffes. Coming on the plantations of others with out leave from their mafters, may be whipped. Negroes and mulattoes VIII. NO negro or mulatto whatfoever fhall keep or carry any gun, powder, hot, club, or other weapon whatfoever, offenfive or defenave, but all and not to keep or carry every gun, weapon, and ammunition found in the poffeffion or cuftody of any arms. negro or mulatto, may be feized by any perfon, and upon due proof thereof made before any Juftice of the Peace of the County or Corporation where fuch feizure thall be, thall by his order be forfeited to the feizor for his own ufe; and moreover, every fuch offender fhall have and receive by order of fach Jultice, any number of lafhes not exceeding thirty-nine, on his or her bare back, well laid on, for every fuch offence. b IX. PROVIDED nevertheless, That every free negro or mulatto, being a houfe-keeper, may be permitted to keep one gun, powder and thot; and all negroes and mulattoes, bond or free, living at any frontier plantation, may be permitted to keep and ufe guns, powder, fhot, and weapons, offenfive or defenfive, by licente from a Juftice of Peace of the County wherein fuch plantation lies, to be obtained upon the application of free negroes or mulattoes, or of the owners of fuch as are flaves. b Except thofe living on the frontiers licenfed by the juices of the peace. X. EVERY perfon other than a negro, of whofe grand-fathers or grand- Who fhall be deem d mothers any one is, or fhall have been a negro, although all his other progeni- mulatioca. tors, except that defcending from the negro, thall have been white perfons, thall be deemed a mulatto; and fo every such person who thall have one fourth part or more of negro blood, fhall in like manner be deemed a mulatto. c tion. XI. RIOTS, routs, unlawful aflemblies, trefpaffes and feditious freeches Punishment of flaves by a flave or flaves, fhail be punished with ftripes, at the difcretion of a Juftice of for riots, unlawful af the Peace, and he who will, may apprehend and carry him, her, or them, be- femblies, feditious fore fuch Jultice. d fpeeches, &c. XII. AND to prevent the inconveniences arifing from the meetings of No perfon fhall permit laves, Be it further enacted, That if any matter, miftrefs, ar overleer of a fa- the flaves of others to mily, fhall knowingly permit or fuffer any flave not belonging to him or her, to remain on his plantabe and remain upon his or her plantation above four hours at any one time, without leave of the owner or overfeer of fuch flave, he or the fo permitting, fhall forfeit and pay three dollars for every fuch offence; and every owner or overfeer of a plantation, who fhall to permit or fuffer more than five negroes or flaves, other than his or her own, to be and remain upon his or her plantation or quarter at any one time, fhall forfeit and pay one dollar for each negro of flave above that number; which faid feveral forfeitures fhall be to the informer, and recoverable with cofls, before any Justice of Peace of the County or Corporation where fuch offence shall be committed. (a) 1785, ch. 77, Sec. 2, 3. Altered by act of Dec. fefs, 1800, ch. 70: nsgroes or mulattoes, bond or free, are by that act made legal witry s against each tour. (b) 22, Geo. 2, ch. 31, fec. 17, 18, 19, (c) 1785, 478,7 (4) 457 Lec. 4. (4) 22, Geo, z, ch. 31, fel. 14. Provio. 1792. Punishment of perfons prefent at unlawful meetings of Baves, or harbouring others slaves. Duty of justices, theriffs, and other officers in fupereffing unlawful meetings. Penalty for dealing tha flave without bis master's leave. 1 perion, 189 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH, XIII. PROVIDED always, That nothing herein contained, fhall be conftrued to prohibit the negroes or flaves of one and the fame owner, though feated at different quarters, from meeting, with their owner's or overfeer's leave, upon any plantation to fuch owner belonging, nor to reftrain the meeting of flaves on their owner's or overfeer's business at any public mill, fo as fuch meeting be not in the night time, nor on a Sunday, nor to prohibit their meeting on any other lawful occafion, by license in writing from their owner or overfeer, nor their going to church and attending divine ervice on the Lord's day, or any other day of public worthip, a XIV. IF any white perfon, free negro, mulatto, or Indian, fhall at any time be found in company with flaves at any unlawful meeting, or fhall harbour or entertain any flave without the confent of his or her owner, fuch perfon being thereof convicted before any Juftice of the Peace, fhall forfeit and pay three dollars for every fuch offence to the informer, recoverable with cofts before fuch juftice; or on failure of prefent payment, fhall receive on his or her bare back twenty lashes, well laid on, by order of the Justice before whom such conviction thall be. a XV. AND every Juftice of Peace upon his own knowledge of fuch unlawful meeting, or information thereof to him made within ten days after, shall iffue his warrant to apprehend the perfons fo met or affembled, and cause them to be brought before himself, or any other Juftice of his County or Corporation, to be dealt with as this Act directs; and every Juftice failing herein, fhall forfeit and pay eight dollars for every fuch failure; and every fheriff, or other officer, who thall fail upon knowledge or information of fuch meeting, to endeavour to fupprefs the fame, and bring the offenders before fome Justice of Peace to receive que purithment, fhall be liable to the like penalty of eight dollars; both which penalties fhall be to the informer, and recoverable with cofts by action of debt in any County or Corporation Court; and every under sheriff, ferjeant, or conftable, who upon knowledge or information of fuch meeting, fhall fail to perform his duty in fuppreffing the fame, and apprehending the perfons fo affembled, shall forfeit and pay four dollars for every fuch failure to the informer, recoverable with cofts, before any Juftice of the County or Corporation wherein fuch failure fhall be. a XVI. NO person whatsoever shall buy, fell, or receive of, to, or from a flave, any commodity whatsoever, without the leave or confent of the mafter, owner, or overfeer of fuch flave. And if any perfon fhall prefume to deal with any flave without fuch leave or confent, he or the fo offending, fhall forfeit and pay to the master or owner of fuch flave, four times the value of the thing fo bought, fold, or received, to be recovered with colts, by action upon the cafe in any court of record within this commonwealth, and thall alfo forfeit and pay the further fum of twenty dollars to any person who will fue for the fame; to be recovered with coits, by iummons and petition in the fame manner as other debts not exceeding twenty dollars, nor under five dollars, in any court of record, or receive on his or her bare back thirty-nine lathes, well laid on, at the public whipping-poit, bu: fhall nevertheless be liable to pay the costs of fuch fummons and petition.+ b Punishment of a negra XVII. I any negro or mulatto, bond or free, fhall at any time lift his or mulatto lifting his her hand in oppofition to any perion not being a negro or mulatto, he or she fo hand against a vite offending, thall, for every fuch offence, proved by the oath of the party before a Justice of the Peace of the County or Corporation, where fuch offence thall be committed, receive fuch punishment as the Justice fhall think proper, not exceeding thirty lathes, on his or her bare back, well laid on, except in those cafes when it thall appear to fuch Juftice, that fuch negro or mulatto was wantonly affaulted, and fitted his or her hand in his or her defence. c In what cafes the courts XVIII. IT thall not be lawful for any County or Corporation Court to or may direct laves to be der and direct caftration of any flave, except fuch flave fhall be convicted of an attempt to ravish a white woman, in which cate they may inflict fuch punish caftrated. Owner not barred of his remedy where his Dave is killed, or dies ment. XX. PROVIDED always, That nothing herein before contained fhall be construed to bar the action of any perfon whofe flave or flaves fhall be killed by any other perion or perions whatsoever, or fhail die through the negligence of (a) 22, Geo 2 ch. 31. fec. 14, 15, 16. ↑ By act of Dec. fefs. 1801, pa. 16, ch. 21, an additional penalty is impalee for dealing with flaves on fabbath. (b) 1785, ch. 77. /ec. 6. (c) From 22, Gio. 2 cb. 31, jec, 20. (a) From 10 Ceo. 3, cb. |