[From edit. 1733,p. 366.]

Preamble, reciting act of 1705, ch.

49.

CHAP. IV.

An Act for amending the Act concerning Servants and Slaves; and for the further preventing the clandestine transportation of Persons out of this Co

I.

lony.

HEREAS, in and by one act of assembly, made at a general assembly, begun at the capitol, the twenty-third day of October, in the fourth year of the reign of our late sovereign lady, Queen Anne, intituled, An Act concerning Servants and Slaves, it is, amongst other things, provided, that when a negro, or runaway, that did not speak English, and could, or otherwise thro' obstinacy, would not declare the name of his master or owner; that then it should be sufficient for the justice to certify the same, instead of the name of such runaway, and the proper name and surname of his or her master or owner, and the county of his or her residence, and distance of miles, as in the said recited act is set forth: And in such case, should, by his warrant, order the said runaway to be conveyed to the public goal of this country, there to be continued prisoner, until the master or owner should be known; who, upon paying the charges of the imprisonment, or giving caution to the prison-keeper for the same, together with the reward of two hundred and one hundred pounds of tobacco, as the case should be, should have the said runaway restored.

II. And whereas, in pursuance of the said recited act, many runaways, whose owners names could not be known, have been sent to the public goal of this country, although the said owners, or their overseers, have lived in the county, or near the place where the said runaways have been taken up; and it hath been found by experience, that the said clause in the said recited act, hath proved very inconvenient: For remedy thereof, III. Be it enacted by the Lieutenant-Governor, CounRunaways to cil, and Burgesses, of this present General Assembly, and be commit- it is hereby enacted by the authority of the same, That ted to coun- from and after the publication of this act, all and every ty jail.

negro, or other person, who shall be taken up, and brought before any justice of the peace, and cannot speak English, or through obstinacy, will not declare the name of his or her owner, such justice shall, in

such case, and he is hereby required, by warrant under his hand, to commit the said negro, slave, or runaway, to the goal of the county wherein he or she shall be taken up; any former act, usage, or custom, to the contrary, in any wise, notwithstanding.

courthouse;

church or

chapel.

IV. And be it further enacted, by the authority afore- To be adversaid, That the sheriff, or under-sheriff of the county, tised by the to whose custody the said runaway shall be committed, sheriff. at shall forthwith cause notice in writing of such commitment, to be set upon the courthouse door of the said county, and there continued, during the space of two months; in which notice, a full description of such ranaway, and his cloathing, shall be particularly set down; and shall cause a copy of such notice to be sent to the clerk or reader of each church or chapel within his county: Every which said clerk or reader is here- And, by the by required to make publication thereof, by setting up clerk or rea. the same in some open and convenient place near the der of the said church or chapel, on eve; y Lord's day, during the space of two months from the date thereof. And every sheriff failing to give such notice as herein is directed, shall forfeit and pay five hundred pounds of tobacco. And every clerk or reader failing to publish such notice as is before directed, shall for every such offence, forfeit and pay two hundred pounds of tobacco: Which said several forfeitures shall and may be recov- Penalty for ered, with costs, in any court or courts of record in neglect. this dominion, by action of debt, bill, plaint, or information; wherein no essoin, privilege, or protection, shall be allowed: The one moiety whereof shall go to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to the person who shall sue for the same.

V. And be it further enacted, by the authority afore- To remain in said, That if within the said space of two months, the jail, if not claimed by owner of any such negro, slave, or runaway, cannot the owner be known, or doth not claim the same, that the sheriff of the said county, to whose custody such runaway shall be committed, shall cause the said runaway to be delivered to the next constable, to be by him conveyed to the next constable, and so from constable to constable, to the public goal of this colony, after such manner, and to receive such punishment, as in the said first recited act, is mentioned and directed.

X-Vol. 4.

Constables exempted from pay

ment of le

vies.

Also ferrykeepers.

Ferriage of

runaways,

how paid.

Runaways,

hired out.

VI. But whereas great trouble is given to constables in conducting runaways, and a severe penalty imposed on them, in case such negro or runaway makes his or her escape, and no reward allowed for their trouble in performing the services by the said recited act directed:

VII, Be it enacted, by the authority aforesaid, That all and every the constables within this dominion, for their encouragement to perform their duty, be for the future exempted from the paiment of all public, county, and parish levies, for their own persons, during their continuance in their office. And that keepers of ferries within this dominion, shall give immediate passage to all constables and their assistants, charged with conducting any runaway, either to the public goal, or to such runaway's master or owner, without charging such constables or assistants for the ferriage, either going or returning; but all such ferriage of constables and their assistants, and of all runaways, shall be paid by the county where such ferry-keepers respectively live, and shall be again repaid by the public, and levied upon the respective masters of such runaways.

VIII. And be it further enacted, by the authority awhen to be foresaid, That when any negro, or runaway, as aforesaid, shall be delivered to the keeper of the public goal of this country, by virtue of this act, and his master or owner cannot be known, it shall and may be lawful for the keeper of the said goal, upon his application to the general court, or the nearest county court to the said goal, with the consent of either of the said courts, to let the said negro or runaway to hire to any person or persons whom they shall approve of; for such sum or sums of money, or quantity of tobacco, and for such Appropria- term or time as they shall direct; and that out of the tion of hires. money or tobacco arising by such hire, all fees relating to the taking up, imprisonment, and conveying to goal, and charges of maintaining such negro or runaway, shall be first paid and discharged, and the overplus (if any shall be) disposed of, as such court or courts (who shall order the said negro or runaway to be let out to hire) shall direct.

Runaways to IX. Provided always, That when the owner of such be delivered runaway shall demand the same, the person to whom such negro or runaway shall be let out to hire, shall forthwith deliver the same into the custody of the keep

to owners.

er of the public goal; and shall then also pay the hire, in proportion to the time the said runaway hath served: And the keeper of the said goal shall deliver the said Payment of runaway to his master or owner, he or she paying down charges. all fees and charges of taking up, imprisonment, conveying to goal, and maintaining such runaway, in case the hire received for the service of the said runaway be not sufficient to satisfy the same.

round neck

X. Provided also, That when the keeper of the said Iron collar to public goal shall, by the direction of such court or be put acourts, as aforesaid, let out any such negro or runaway of runaway. to hire to any person or persons whatsoever, the said keeper shall, at the time of his delivery, cause a strong iron collar to be put on the neck of such negro or runaway, with the letters (P. G.) stamped thereon; and that thereafter, the said keeper shall not be answerable for any escape of the said negro or runaway.

XI. And whereas, the fees for the commitment, maintaining, and releasement of such runaways, are not ascertained, and larger have been demanded by the sherifs and goalers, than are reasonable.

In the coun

ty jail.

In the public

XII. Be it enacted, That from and after the publi- Prison fees cation of this act, the fees and allowances of the said forrunaways. sherifs and goalers, be as follow, that is to say: For the commitment of every such negro, or runaway, to any county goal, the sheriff shall be paid for his fee, the sum of one shilling, current money, or ten pounds of tobacco; and for the keeping and maintaining him or her in goal for every twenty-four hours, the sum of six pence, or five pounds of tobacco; and for his or her releasement, one shilling, or ten pounds of tobacco:And that the keeper of the public goal, for the commitment of every such negro or runaway, shall be paid jail. the sum of two shillings, current money, or twenty pounds of tobacco; and for his or her keeping and maintaining in goal, for every twenty-four hours, the sum of six pence of like money, or five pounds of tobacco; and for his or her releasement, the sum of two shillings of like money, or twenty pounds of tobacco, and no more. And if any sheriff, in any county of this dominion, or the keeper of the public goal, shall de- Penalty for mand and take any greater fee or allowance, than is exceeding hereby before appointed and allowed, for the services legal fees. and maintenance aforesaid, or any of them, he or they so offending, shall, for every such offence, forfeit and

Proviso, as

pay to the party agrieved, the sum of twenty shillings; and shall also refund and pay back to such party, all and every sum of money or tobacco which such sheriff or goaler shall receive and take, over and above the fees and allowances herein before appointed: Which said forfeiture of twenty shillings, shall and may be recovered before any justice of the peace of the county where such offence shall be committed.

XIII. Provided nevertheless, That when any negro, to runaways or other runaway, whose master or owner is or shall from Mary- be an inhabitant of the provinces of Maryland, or CaroNorth-Carolina, shall be committed to the prison of any county,

land or

lina.

Runaways

from Mary

land, or North-Caro

lina, how disposed of.

But one com

or to the public goal of this dominion, it shall and may be lawful, to and for the sheriff of the county, or keeper of the said goal, to whose custody such negro or runaway shall be committed, to ask, demand, and receive, of such master or owner, the like fees, and charges, for taking up, imprisonment, commitment, releasement, and maintaining in prison, as are or shall be demandable in the province wherein such master or owner resides respectively, for the taking up, imprisonment, commitment, releasement, and maintenance of the runaways taken up and committed there, belonging to the inhabitants of Virginia; any thing herein contained to the contrary, notwithstanding.

XIV. And be it further enacted, by the authority aforesaid, That when any negro, or other runaway, whose owner shall be, or supposed to be resident in Maryland, or Carolina, shall be committed to the public goal of this colony, the keeper of the said goal, shall, by the first opportunity after such commitment, send a description of such negro, or other runaway, together with an account of the time of the commitment, and the county from whence the runaway was removed, to such particular place or places of this dominion, bordering on the provinces of Maryland, or Carolina, respectively, as shall be agreed upon between his majesty's lieutenant-governor, and the governors and commanders in chief of the said respective provinces; to the end, the masters or owners of such runaways as shall happen to escape from those provinces, may have timely notice thereof.

XV. Provided, That when, at any time hereafter, mitment to such negro or runaway shall be let out to hire, after be charged, the manner before expressed herein, the keeper of the