Be it enacted by His
Excellency the Governour, Council and Representatives in General Court
assembled, and by the authority of the same,
[Sect. 1.] That if
any negro or molatto man shall commit fornication with an English woman, or a
woman of any other Christian nation within this province, both the offenders
shall be severely whip'd, at the discretion of the justices of assize, or court
of general sessions of the peace within the county where the offence shall be
committed; and the man shall be ordered to be sold out of the province, and be
accordingly sent away, within the space of six months next after such order
made, and be continued in prison, at his master's charge, until he be sent
away; and the woman shall be enjoyned to maintain the child (if any there be)
at her own charge; and if she be unable so to do, she shall be disposed of in
service to some of her majesty's subjects within the province, for such term as
the justices of the said court shall order, for the maintenance of the child.
[Sect. 2.] And if
any Englishman, or man of other Christian nation within this province, shall
commit fornication with a negro, or molatto woman, the man so offending shall
be severely whip'd, at the discretion of the justices of the court of assize,
or court of general sessions of the peace, before whom the conviction shall be;
and shall also pay a fine of five pounds to her majesty, for and towards the
support of the government, and be enjoyn'd to maintain the child, if any there
be. And the woman shall be sold, and be sent out of the province as aforesaid.
[Sect. 3.] And if
any negro or molatto shall presume to smite or strike any person of the English
or other Christian nation, such negro or molatto shall be severely whip'd, at
the discretion of the justices before whom the offender shall be convicted.
And be it further
declaimed and enacted by the authority aforesaid,
[Sect. 4.] That none
of her majesty's English or Scottish subjects, nor of any other Christian
nation within this province, shall contract matrimony with any negro or
molatto; nor shall any person duely authorized to solemnize marriages presume
to joyn any such in marriage, on pain of forfeiting the sum of fifty pounds,
one moiety thereof to her majesty for and towards the support of the government
within this province, and the other moiety to him or them that shall inform and
sue for the same in any of her majesty's courts of record within the province,
by bill, plaint or information.
[Sect. 5.] And no
master shall unreasonably deny marriage to his negro with one of the same
nation, any law, usage or custom to the contrary notwithstanding.
And be it further
enacted by the authority aforesaid,
[Sect. 6.] That from
and after the first day of May in the year one thousand seven hundred and six,
every master of ship or vessel, merchant or other person, importing or bringing
into this province any negro or negro's, male or female, of what age soever,
shall enter their number, names and sex in the impost office; and the master
shall insert the same in the manifest of his lading, and shall pay to the
commissioner and receiver of the impost four pounds per head for every such
negro, male or female; and as well the master, as the ship or vessel wherein
they are brought, shall be security for payment of the said duty, and both or
either of them shall stand charged, in the law, therefore to the commissioner,
who may deny to grant a clearing for such ship or vessel until payment be made,
or may recover the same of the master, (at the commissioner's election), by
action of debt, bill, plaint or information, in any of her majesty's courts of
record within this province.
[Sect. 7.] And if
any master of ship or vessel, merchant or others, shall refuse or neglect to
make entry, as aforesaid, of all negro's imported in such ship or vessel, or be
convicted of not entring the full number, such master, merchant or other person
shall forfeit and pay the sum of eight pounds for every one that he shall
refuse or neglect to make entry of, one moiety thereof to her majesty, for and
towards the support of the government of this province, and the other moiety to
him or them that shall inform of the same, to be recovered by the commissioner
in manner as aforesaid.
[Sect. 8.] And if
any negro, imported as aforesaid, for whom the duty is paid, shall be again
exported within the space of twelve months, and be bona fide sold in any other plantation, upon due certificate
thereof produced, under the hand and seal of the collector, or naval officer,
in such other plantation, the importer here shall be allowed to draw back the
whole duty of four pounds by him paid, and order shall be given accordingly.
And the like advantage of the drawback shall be allowed to the purchaser of any
negro sold within this province, in case such negro happen to dye within the
space of six weeks next after importation, or bringing into this province. [Passed December 5.
