Amended, 13th feff. ch. 18.

CHAP. XL.

An ACT concerning Slaves.

Paffed 22d February, 1788. WHEREAS in confequence of the act, directing a revifion of the laws

flaves, fhould be revifed, and comprifed in one; Therefore,

1. Be it cnudied by the people of the fate of New-York, represented in fenate. and affembly, and it is hereby enacted by the authority of the fame, That every negro, mulatto or meftee, within this ftate, who at the time of the paffing of this act, is a flave for his or her life, fhall continue fuch for and during his or her life, unless he or she fhall be manumitted or fet free in the manner prefcribed in and by this act, or in and by fome future law of this ftate.

II. And be it further enacted by the authority aforefaid, That the children of every negro, mulatto or meftee woman, being a flave, fhall follow the ftate and condition of the mother, and be efteemed, reputed, taken and adjudged flaves, to all intents and purposes whatsoever.

III. And be further enacted by the authority aforefaid, That the baptizing of any negro, or other flave, fhall not be deemed, adjudged or taken to be a manumiflion of such slave.

a flave brought into

IV. And to prevent the further importation of flaves into this ftate; Be it further enacted by the authority aforefaid, That if any perfon fhall fell, as a flave, within this ftate, any negro or other perfon who Any perfon felling has been imported or brought into this ftate, after the fift this ftate after first day of June, in the year of our Lord one thousand seven June, 1785, to forfeit hundred and eighty-five, or who fhall be imported or brought into this flate after the paffing of this aft, fuch feller, or his or her factor or agent, making fuch fale, fhall be deemed guilty of a public offence, and fhall, for every fuch offence, forfeit the fum of one hundred pounds, current money of this ftate, to be recovered by any perfon who will fue for the fame, with cofts of fuit, by action of debt, in any court of record within this flate, having cognizance thereof; the one half of which forfeiture, when recovered, to be paid to the treasurer of this ftate, for the ufe of the people thereof; and the other half to the perfon who fhall fue for the fame to effect. And further, That every perfon, fo imAnd fuch flave to ported or brought into this flate, and fold contrary to the true intent and meaning of this act, fhall be free.

be free.

or receiving a flave,

ftate to be fold, to

forfeit 100l.

V. And be it further enacted by the authority aforefaid, Any perion buying That if any perfon fhall, at any time, purchase or buy, or with intent to remove fhall, as factor or agent to another, take or receive, any fuch flave out of this fave with intent to remove, export or carry fuch flave from this ftate, to any other place without this flate, and there to be fold; the perfon fo purchafing or buying, or fo, as factor or agent, receiving or taking a flave, with fuch intent as aforefaid, fhall be deemed to have committed an offence against the people of this ftate, and fhall, for every fuch offence, forfeit the fum of one hundred pounds, to be recovered, with cofls, by any perfon who will fue for the fame; the one moiety to the ufe of the people of this ftate, and the other moiety to the ufe of the perfon who will fue for the fame; and the flave to purchased, And fuck flave to bought, taken or received, fall be immediately after he or fhe fhall be fo purchafed, bouglu, received or taken, and hereby is declared to be free.

be free.

Perfons employing harbouring, &e. flaves, withour con1ent of the owners,

24 hours.

VI. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall, after the palling of this to forfeit gl. for every act, employ, harbour, conceal or entertain any negro, or other flave, knowing fuch negro or other flave to be the flave of any other perfon or perfons, without the confent of the owner or owners of fuch flave, he, fhe or they shall forfeit to the owner or owners of fuch flave, the fum of five pounds for every twentyfour hours, and in that proportion for a greater or lefs time, while fuch flave hall have been employed, harboured, concealed or entertained, as aforefaid; but that fuch forfeiture fhall not in the whole exceed the value of fuch flave. And further, That if any perfon or perfons fhall be found guilty of harbouring, entertaining or concealing any flave, or of aflifting to convey him or her away, and if fuch flave fhall be loft, die or be otherwife deftroyed, the perfon or perfons fo harbouring, entertaining, concealing, aflifting, or conveying away fuch flave, fhall be liable to pay to the owner or owners of fuch flave, the value thereof; which feveral fums of money fhall and may be recovered, by action of debt, with cofts of fuit, in any court of record having cognizance thereof.

VII. And be it further enacled by the authority aforefaid, That no perfon or perfons fhall trade or traffic with any flave or flaves, either in buying or felling, without leave or confent of the mafter or mistress of fuch flave or flaves, on pain of forfeiting treble the value of the thing or things traded for; and alfo, the fum of five pounds, to the mafler or miftrefs of fuch flave or flaves, for each offence, to be recovered, with cofts, against the perfon or perfons fo trading contrary to the true intent and meaning of this act, by action of debt, in any court having cognizance thereof. And further, That every contract or bargain fo made, or to be inade, with any flave or flaves, without confent of his, her or their mafter or miftrefs, fhall be utterly void.

VIII. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall fell any rum or other ftrong liquor, to any flave or flaves, without the confent of his or her mafter or miflrefs, and fhall thereof be convicted, upon complaint made by the mafter or miftrefs of fuch flave or flaves, before any juftice of the peace, mayor, recorder or alderman, in the city or county where the offender fhall dwell or refide, shall forfeit and pay the fum of forty fhillings for every fuch offence, to be recovered, with cofts, betore any fuch juftice, mayor, recorder or alderman; the one half of which forfeiture, when recovered, fhall be paid to fuch mafter or miftrefs, and the other half to the overfeers of the poor of the city or town where fuch offence is committed.

be anfwerable for

IX. And be it further enacted by the authority aforefaid, Owners of flaves to That if any perfon or perfons fhall, by theft, or other tref their trefpafles to the pafs committed by any flave or flaves, fuftain damages to value of 51. the value of five pounds or under, the owner or owners of fuch flave or flaves, fhall be liable to make fatisfaction for fuch damages to the party injured, to be recovered by action of debt, with cofts of fuit, in manner aforefaid.

white perfons, how to

X. And be it further enacted by the authority aforefaid, Slaves Ariking That if any flave fhall ftrike a white perfon, it shall be lawbe tried and punished. ful for any juftice of the peace to commit fuch flave to prifon; and fuch flave fhall thereupon be tried and punished, in the manner directed in cafes of petit larceny, in and by the act, en

titled, An act for the speedy punishment of fuch perfons as fhall commit any offences under the degree of grand larceny.

XI. And be it further enacted by the authority aforefaid; Slavestobe tried by That all negroes and other perfons whatfoever, commonly juries in capital cafes. reputed and deemed flaves, fhall, forever hereafter, have the privilege of being tried by a jury, in all capital cafes, according to the courfe of the common law.

witnelles, except in

XII. And be it further enacted by the authority aforesaid, Slaves not to be That from and after the palling of this act, no flave shall criminal cafes against be admitted a witnels for or against any perfon, in any matter, caufe or thing whatfoever, civil or criminal, except in criminal cafes in which the evidence of one flave fhall be admitted for or against another slave.

each other.

XIII. And be it further enacted by the authority aforefaid, That from and after the paffing of this act, no perfon or perions within this ftate, fhall knowingly and willingly fufier, or permit his, her or their flave to go about begging of others, victuals, cloathing, or other neceffaries; and if any perfon or perfons fhall be guilty of an offence against this claufe of this act, he, the or they fhall, for every fuch offence, forfeit the fum of ten pounds, to be recovered by action of debt, with cofls of fuit, in any court of record within this ftate, by any perfon or perfons who will fue for the fame; the one half of which forfeiture, when recovered, to be paid to the overfeers of the poor of the city or town where fuch offence fhall be committed, and the other half to the perfon or perfons who fhall fue and profecute for the fame to effect.

felling tlavestnothers

them.

XIV. And be it further enaced by the authority aforefaid, Penalty on perfons That if any perfon or perfons fhall, by any collufive conunable to maintain veyance, or fraudulent agreement, fell or difpofe, or pretend to fell, or difpofe of any aged or decrepid flave, to any perfon or perfons, who is, or are unable to keep and maintain fuch flave or flaves, fuch fale or pretended fale, fhall be abfolutely void, and the perfon or perfons making fuch fale or pretended fale, fhall forfeit the fum of twenty pounds for each offence; and fhall, moreover, be deemed the owner or owners of fuch flave or flaves, within the true intent and meaning of the next preceding fection of this act; which forfeitures fhall be recovered and applied in the manner directed in and by the faid fection.

50 years of age, may

XV. And be it further enacted by the authority aforefaid, How flaves, under That when the owner or owners of any flave under fifty be inanumitted. years of age, and of fufficient ability to provide for himself or herself, fhall be difpofed to manumit fuch flave, he, fhe or they fhall, previous thereto, procure a certificate, figned by the overfeers of the poor, or the major part of them, of the city, town or place, and of two juftices of the peace of the county where fuch perfon or perfons fhall dwell or refide, and if in the cities of New-York or Albany, then, from the mayor or recorder, and any two of the aldermen, certifying that fuch flave appears to be under fifty years of age, and of fufficient ability to provide for himself or herfeif, and fhall caufe fuch certificate of manumiffion to be registered in the office of the clerk of the city, town or place in which the owner or owners of fuch flave may refide; that then it shall be lawful for fuch perfon or per

There is no act with this title: It is flippofed that the act intended is roth fef, ch. 65,

fons to manumit fuch fave, without giving or providing any fecurity to indemnify fuch city, town or place; And every flave, fo manumitted, fhall be deemed, adjudged and taken to be free, and the clerk, for registering such certificate, fhall be entitled to two fhillings, and no more.

of age, may be man

Owners of other flaves

XVI. And be it further enaled by the authority aforefaid, Slaves under 50 years That if any perfon, by his or her laft will and testament, unitted by will. fhall give his or her flave freedom, fuch flave being, at the death of the teftator or teftatrix, under fifty years of age, and alfo of fufficient ability to provide for himself or herself, to be certified in manner aforefaid; fuch freedom, given as aforefaid, fhall, without any fecurity to indemnify the city, town or place, be deemed, taken and adjudged to be good and valid, to all intents and purposes. And further, That if the owner or owners of any other flave, fhall be disposed to manumit may manumit them and fet at liberty fuch flave, and such owner or owners, or on giving fecurity. any other fufficient perion, for or in behalf of fuch flave, fhall and do, at the court of general feffions of the peace for the city or county where fuch negro or other flave fhall dwell or refide, enter into a bond to the people of the ftate of New-York, with one or more furety or fureties, to be approved by fuch court, in a fum not less than two hundred pounds, to keep and fave fuch flave from becoming or being any charge to the city, town or place, within this ftate, wherein fuch flave fhall, at any time after fuch manumiffion, live, the faid flave fhall be free, according to fuch manumiffion of the owner or owners of fuch flave. And further, If Such flave manu- any fuch flave hath been, or hereafter fhall be made free, by mitted by will, on the laft will and teftament of any perfon deceased, and if fecurity given by any the executor or executors of fuch perfon fo deceased, or in cafe of the neglect or refufal of fuch executor or executors, if any other fufficient perfon for and in behalf of fuch flave, fhall and do enter into fuch furety as aforefaid, in manner aforefaid, then the faid slave fhall be free, according to the true intent and meaning of fuch laft will and teftament. And moreover, That if any perfon fhall, by will or otherwife, to laft will or otherwife, manumit or fet free his or her flave, be confi lered as free; and no fuch certificate or fecurity as aforefaid be given or certificate or fecurity obtained, fuch flave fhall, nevertheless, be considered as be given, liable to freed from fuch owner, his or her executors, adminiftrators and affigns: But fuch owner, his and her heirs, executors and adminiftrators, fhall remain and be liable to fupport and maintain fuch flave, if the fame flave fhall become unable to fupport and maintain himself or herself.

executors, or other.

Slaves fet free by

but the owner, if no

maintain them.

CHAP. XLI.

An ACT in the Form of the At recommended by the Refolution of the Unit ed States in Congress affembled, of the Twenty-fir Day of March, One Thousand Seven Hundred and Eighty-feven, to be paffed by the feveral States, relative to the Treaty of Peace between the United States, and the King of Great-Britain.

Paffed 224 February, 1788.

W United States, are regarded and complained of as repugnant to the

HEREAS certain laws or ftatutes made and paffed in fome of the

treaty of peace with Great Britain, by reafon whereof, not only the good faith of the United States, pledged by that treaty, has been drawn into quer tion, but their effential interefts under that treaty, greatly affected: And

whereas juftice to Great-Britain, as well as regard to the honour and interefts of the United States, require that the faid treaty be faithfully executed, and that all obftacles thereto, and particularly fuch as do or may be confhued to proceed from the laws of this ftate, be effectually removed: Therefore,

All acts repugnant

repealed.

1. Be it enacted by the people of the state of New-York, represented in fenaie and affembly, and it is hereby enacted by the authority of the fame, That fuch of the acts and parts of acts of the legiflature of this state, to the treaty of peace, as are repugnant to the treaty of peace between the United States and his Britannic Majefty, or any article thereof, fhall be, and hereby are repealed. And further, That the courts of law and equity, within this ftate, be, and they hereby are directed and required, in all caufes and questions cognizable by them refpectively, and arifing from or touching the faid treaty, to decide and adjudge according to the tenor, true intent and meaning of the fame; any thing in the faid acts, or parts of acts, to the contrary thereof in any wife notwithstanding.

Sunday.

CHA P. XLII.

An ACT for fuppreffing Immorality.

Pafled 23d February, 1788. E it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That there fhall be no travelling, fervile labouring, or No travelling, fer working (works of neceffity and charity excepted) Ihootvile labor or 1pording, Kc. to be done on ing, fishing, fporting, playing, horfe-racing, hunting, or frequenting of tipling-houfes, or any unlawful exercifes or paflimes, by any perfon or perfons within this ftate, on the first day of the week, commonly called Sunday. And that every perfon being of the age of fourteen years or upwards, offending in the premises, fhall, for every fuch offence, forfeit and pay to the ufe of the poor of the city or town where such offence shall be committed, the fum of fix fhillings. And that no per fon fhall cry, fhew forth, or expofe to fale, any wares, peled to fale on Sun- merchandize, fruit, herbs, goods or chattels, upon the fift day, except finall meats, fith and milk day of the week, commonly called Sunday, except fmali in the morning, ander meat, and milk and fish, before nine of the clock in the

No goods to be ex

forfeiture of the fame. morning, upon pain that every perfon fo offending, fhall forfeit the fame goods fo cried, fhewed forth, or expofed to fale, to the ute of the poor of the city or town where fuch offence fhall be committed; and if any perfon offending in any of the premifes, fhall be thereof convicted, before any juftice of the peace for the county, or any mayor, recorder or alderman of the city, where the offence fhall be committed, upon the view of the faid juftice, mayor, recorder or alderman, or confeffion of the party offending, or proof of any witness or witneffes upon oath, then the faid juf tice, mayor, recorder or alderman, before whom fuch conviction fhall be had, fhall direct and fend his warrant, under his hand and feal, to fome constable of the city or county where the offence fhall have been committed, commanding him to feize and take the goods, fo cried, fnewed forth or expofed to fale as aforefaid, and to fell the fame, and to levy the faid other forfeitures or penalties, by diftrefs and fale of the goods and chattels of fuch offenders, and to pay the money arifing by the fale of fuch goods fo feized, Vol. II.

M