I^kat^ t/4>p?^ri' ^Vfs £4^T^ A^ m A. ■Cl^z-^p-? r ;x AN ORDINANCE FOR P.JLQMaTJNJ} THE MMJLIGIOtTS INSTRUCTION AND Bettering tfje State an* CotttJititm OF THE SLAVE POPULATION; ra HIS MAJESTY'S COLONY, pa BERBICE* PERKINS LIBRARY Duke University Kare Dooks PUBLICATION BY His Excellency FIENRY BEARD, Esquire, Lieutenant Go- vernor and Commander-in-Chief in and over the Colon:/ of Jlerhice and its Dependencies, S(c. §c. See; President of all Courts and Colleges within the same, Sole Judge of the Vice Admiralty Court, Sfc. fyc. $c. And the Honorable the Council of Government of the said Colony. TO ALT, TO WHOM THESE PRESENTS SHALL OR MAY COME, GREETING ! BE IT KNOWN : "I[7£7~HEREAS it is necessary and expedient that further provision should he made for the religious instruction of the Slaves in this Colony, and the improvement cf (heir state and condition: — And whereas His Majesty has been pleased to appoint a Protector of Slaves in this Colony, and it is expedient that the said office should be fully established and due provision made for such Protector, and that the authority and several duties of said Protector be clearly and distinctly denned — 1. Be it therefore, as it is herebv. Ordered, that such Protector of Slaves shall receive and be paid, at the times and in the manner hereinafter mentioned, -a salarv, at and a fie; - (be rate of Fourteen Thousand Two Hundred and Fifty Guilders per annum, au{ of ihe ordi- nary revenues of the colony, subject however to the confirmation thereof by, or such alter- ation therein, as His Majesty may be pleased to direct. — And that snch Protector of Slaves, entering on such office, shall appear before the Lieutenant Governor, or Acting Lieutenant Governor, for the time being, of this colony, and in his presence shill take and .subscribe an oath in the following words : — "I, A. J], da swear that I will, to the test of. my knmcledgc r.nd abiUtffc "faithfully execute and perform the Duties of Ihe Office of Protector of Slaves " in the Colony of Berbiee, without ftjir 3 favour, or partiality — So help vie, "God!" ' 2 And it k hereby further ordered, that the said Protector of Slaves shall establish! 1 keep an Office in New Amsterdam, and shall .regularly attend at such office on such :s, and during such hours of the dav, as the Lieutenant Governor, or Acting Lieutenant vernor, of tins colony, by any general or special order to be by him from time to time led, may appoint : and shall, at such office, and not elsewhere, keep, deposit, and pre- ve, the several records, books, papers., and writings, hereinafter directed to be kept by o rj 3. A;iil v i! is furfhrr nnTered* ih.d the said Protector of Slaves shall hot ha the owrcer or j>roprietor of any plantation situate within this colony, or of any slave or slaves employed or worked upon any plantation or in any kind of agriculture, and shall not have any share or interest in, or any mortgage or security upon, any su: h plantation, slave, or slaves ; and shall, and~ is hereby declared to be, incompetent to act as or be the. manager, overseer, n~ gent, or attorney of, for, or upon any plantation or estate within this colony ; or to act as the guardian, trustee, or executor, of any person or persons having or being entitled to any such plantation, or any slave or slaves: and in ease any such Protector of Slaves within ihe. President of the Court of Criminal Justice of this'eoiony, that the offence charged therein should he prosecuted, it shall and may be lawful, and the said President is hereby fully empowered, to direct the prosecution thereof in manner as is by law established — Anil in all civil suits concerning the right of any alleged slave to freedom, or where any question shall arise respecting the right of any slave to any -such property as he or gjhe is hereinafter declared competent to acquire, then, and in every such case, such notice shallhe gi\cn tothe Protector Weekly allow- ' ance and rations being delivered to the Slaves on Sur.daymorniuji;— v>hi< b shall not, -however, ' be protracted beyond the hour of eight; a m. — Provided also, that nothing herein co: taihed shall extend, or be construed to extend, to any work or labour which, from local circumstan-'" ces or other unavoidable causes render certain exceptions necessary, which are confined to the following: — - ■ • ^ , • .Firs* — All labour performed by a Stave in the domestic service of his or her master or mistress, or in the preservation or lending of cattle or any live stork ad. Thirdly — Siich labour as may be necessary to prevent or remedy thed :mag£ arising from breaches in the dums, conflagrations, hurricanes, and other casualties of the. like nature. . • Fourthly — Every other description of labour which, though not specified in terms in the three preceding exceptions, is of the same general nature, and referable to the same general principle. Fifthly — Ml labour undertaken for the preservation of the crops upon any estate, un- der th e following provisions : — •■^ — That in order to avoid all ambiguity in explaining the term "preservation of the crops," it is to be well understood that,'onsuGAR estates, itshali mean-nothing more then boiling' off the cane-juice that may have been expressed at the time of sun-set" on any Saturday (the boiling, however, in no case to extend beyond the hour of ten o'clock of the night of said Saturday), and the polting the sugar so made. That, on coffee and cotton estates, it shall mean, 1st, the turning and drying of coffee or cotton already housed and in a state of preparation, but not cured ; 2d, the picking of coffee or cotton during the crop, when, fom its ripening suddenly and from the unfa- vourable season, it would be totally lost if not immediately picked. B — And it is hereby strictly provided, that the several descriptions of exigible la- bour above enumerated (save and except the boiling of cane-juice on the Saturday night) are to be only performed for wages to be paid to the Slave, him or herself in the currency of the colony, and not by any parts or portions of the produce of the crops which may accrue to the proprietor from such labour. C — That the rate of these wages is to be fixed by the Protector or Deputy Protector of Slaves (as the case may be), subject to the approbation of the Lieutenant-Governor, or Acting Lieutenant-Governor, in Council. And the said Protector, or Deputy Pro- tector of Slaves (as the case may be), shall from time to time, by notices publicly giv- en, signify the approved tariff, or rate of wages, payable to the Slaves for such labour. ■D — That any person or persons being the owner or manager of such slave or slaves as may thus lawfully be employed or hired, and refusing or neglecting to pay to them, for his or her own use and benefit, wages, at not less than the rate so to be fixed, by any public notice of the Protector or Deputy Protector of Slaves (as the case may be), in manner and under the authority aforesaid, shall, for every such ofi'ence and refusal' to pay every such slave or slaves their respective wages for such labour, incur and become liable to a fine of fifty guilders for every slave so omitted or neglected to be paid fo^/A, wages as aforesaid. 10. And in order to prevent any irregularities tending to the prejudice of the slaves, by persons employing the slaves of others without their owners' consent, which it is highly neces- sary to guard against— it is hereby further ordered, that no slaves shall or may be lawfully hired 01 employed in the service of any person or persons, except his, her; or their owner, manager, or other person having the charge of them, unless with the special consent inwrit- ing of such owner, or manager, or other person having the charge of them ; and every per- son thus unlawfully hiring or employing one or any greater number of slaves, shall, for eve- ry such offence, incur and be liable to a fine of six hundred guilders, or in case of non-pay • Dient thereof, to imprisonment not exceeding one calendar month. 11. And whereas His Majesty has been graciously pleased to intimate his intention to make effectual provision for the religious instruction of the Slaves in this colony ; and where- as it is in contemplation to abolish totally the usage now existing of holding markets on Sun- days, as soon as the necessary measures shall have taken effect which arc designed to remove • ^e causes of its temporary expedient 1 v; and it being in (he meantime necessary to make*orr?e -provision on this subject — it is hereby-further ordered, that from and after the fust day of N<>~ wmber next ensuing ihe date hereof , the markets holden in New-Amsterdam for the sale of -meat, vegetables, and other provisions, cu "Sundays, and all other markets to be holden on the -Sabbath day throughout this colony, shallbe limited to the hour of eleven o'clock in the forenoon, and that due warning -shall be given by the ringing of a bell at hall-past ten o'clock -to all persons to prepare to depart, and ne person or persons whatsoever shall remain therein ■or publicly shew forth, or. expose for sale, any -meat, -..poultry, -vegetables, provisions, fruit, ■herbs, wares, merchandize, goods, or effects, after the'hour of eleven o'clock aforesaid, upon pain that every^person guiltv of a disobedience of this order, or non- conformity therewith*. shall forfeit the goods or effects so exposed to sale, .the proceeds whereof shall be paid i:iU* sthe PeorVFuiid. 12. And it is hereby further ordered, that from and after the first day of November next ensuingthe date of these Presents, it shrill be illegal for any person or persons within this co- lony to carry a whip, or any other instrument of punishment, in the field or elsewhere, either as a badge of authority or a stimulus to labour; and every person acting against the true ■meaning hereof, or directing or authorising such illegal act, shall, for every such offence, in- cur a penalty of six'lntndred gml(krs,qr in default of payment thereof, be subjected -to.iin- ,-pr;sonment for any time -sot exceeding six months, nor less than .-one month. 13. And it is hereby Further ordered, that if a Male Slave shall commit an offence of such ;a nature as to render it absolutely necessary that he be punished, such punishment must be -inflicted with reason, and without cruelty or passionj -the punishment to be enforced bv and on behalf of the proprietor, shall not exceed at the utmost twenty-five lashes, nor shall it be lawful to inliict on any Male Slave a-riy corporal punishment until after sun-rise of the day next following that on which the .offence has been committed, for or in respect of which any such punishment or correction may be so inflicted, or without the presence of one person of free condition, or of six slaves, to witness the infliction of such punishment, other than and ibesides .the person bv, -or by the a.uthnritvof whom, *!ic said punishment shall -be inflicted., under the penalty oi'niue hundred guilders, or in case ofupiv-pajment, to imprisonment riot exceeding three calendar months ; but in case sis slaves are substituted as witnesses for one person of free condition, it shall be incumbent on the person -or persons ordering the^)unish- ment, to prove, if required, so to.do, that it was net in his or her powerto procure' the attend- ance, within twenty-four hours, of a person ofi'reeconditioa, to witness the said punishment. No punishment b\ flogging shall be inflicted hut at or near the buildings, of the estate, nor shall it be repeated on the same day, nor until -the -delinquieist shall have fully recovered from the effects of any former punishment : Provided., nevertheless, that nothing herein contained shall extend, or be construed k) extend to any punishment which may be inflicted on anv slave under or by virtue of any sentence or j udgment of any Court of competent jurisdiction with- in this colony, or in pursuance of any order of the Fiscal. 14. And if is hereby further ordered, that from and after the first day of November next, it shall not be lawful to correct or punish by flogging or whipping any female slave within this colony, for any offeneeeommitted/or alleged to he committed -by any such slave and any person convicted of having inflicted such punishment, or haying ordered or authorised the saroeto be. done, shall for every such offence be subject to a fine of fourteen h undred guilders, or in case of non-payment thereof, to imprisonment, not exceeding six calendar months, nor less than one month. And whertasit is necessary that effectual measures should be adopted for punishing such offences as may hereafter be committed by female slaves within this co- lony, it is therefore further ordered, th it from and after the said first day of November next, the following punishments for the suppression of such offences as may thereafter be committed by female slaves within this colony, which by the laws in force were heretofore punishable by flogging, shall be, and are hereby declared to be lawful :— SOLITARY CONFINEMENT— zstlh or zsltkoul pork, in any fU ami proper place, on any tstat-e, or is y some duly licensed medical practitioner in (his eoluKy. by certificate in meriting under his hand — such certificate to he duly entered in the llccoi d Hook on every piaida.'itm* if in tlic country ; and if in tosn. hy some duly licensed medical practitioner and the fiscal, and U> be duly recorded in the office of the stud fiscal ; and providetl that, for each offence, Ike p&iod if detention in tuch solitary confinement, shall not at any time exceed three days. PUI5LIC STOCKS— for the . confinement of hands orfed } or both, during the day, not longer than thres \ hours for eaili offmcc, -such stock? In he under coper- -in seme conductions flrccncm lie htiildiirgs, and ll-itt such punishment skall'otdjj be irjlicicd bettceen the' hours tfsun-ri e mul sun-set. IIOXJ^E STOCKS— for the Ifttmis and feet, or-eiiher of them, tci/h seats, during, any j criod of 'the «./y, rirov-i' led that for each offence, the pciiodof Confinement shftlt nut exceed bit katirr: 15 FID ^TOCK^ - for confinement of the feci dining the night-. IJ.VXD CUFFS. DKHXCUIStHXC; DR.E9SEfMfo he used cither tilth or toifkout the slock*. DKHXCJUt^niXG MARKS — to he suspended from the neck by collars, anil ecured by padlocfo ; iihs (■k'Iiii s nn-tl marks to lie made of tin, veit) Ushi so as r.ot to it fire the skin, 07:d to he of a form ahproted hy the Fiscui and onjirmed by the Lieutenant. Governor, or Acting Lieutenant Gfifoernor. COXFfXE.Y) F.XT — cither solitary or otherwise, during one of the hours of noon. zeith or nilhout la-k- Kork daring such confinement-: provided ahcays. and it is herein) ordered that in all cases of punishment either fitl/tary or otherwise, tthere such confinement shall" eaceed'the period ofir&elve hours, the stave in confinement sh.dl he supplied itilh a sufficient quantify of food, that is to si/y, three quarters of a pound of plantains or o'her prepared fuiiitaceoui J'aod, ut least- twice a day, between iuu-iise and sutf-sel, as also a proper supply of good muter. And it is hereby ordered and declared 1 , that in all ca~ses where it shall seem proper to any wwner, manager, or other person having; charge of slaves, to impose any or either of the •foregoing punishments upon any male slave or slaves, for any offences to be hereafter eom- •:m.tled b-y such -male slave or slaves, in l;eu of the punishment "by flogging, it shall be lawful for such owner, manager, or other person as aforesaid, -so "to do, complying in all respects with the provisions aforesaid : — Provided, however, that nothing herein contained shall ex- tend, or he conslruedto extend, to prevent any master or mi-tress, owner, manager, or other person having charge of any female slave under the aa;e of "twelve years, from causing her to he punished and corrected for any fault or misconduct, by her committed in such and the •same manner, and to such and the same extent, as any child of free condition may be and usually k punished and corrected in any school for the education of youth in this colony- being iniiulfnl that in all cases such punishmsnt shall be inflicted by a female, and any inde- cent exposure of the person avoided, And it is hereby further ordered, that if any offence shaii'be hereafter committed t>y any male or female slave in this colony, of such nature and to such extent as ( in the opinion-of his or her owner, or of any person under whose charge 'such slave may be placed ), may .require or deserve greater punishment and correction than such owner or person is empowered to inflict, such owner or person shall in writing give in- formation i« such case -to one of the Civil Magistrates of the district in which such person -or persons may reside, whose duty it shall be, after a minute and full investigation of the ^complaint, to impose such punishment on the accused as may appear commensurate with the -offence, by an extension of ^ome one or other of the modes of punishment hereinbefore pro- vided, or otherwise to proceed according to the existing laws of the colony. 15. And it is hereby further ordered, that there shall be kept by every person having ^charge of a task or working gang -of slaves exceeding six in number, and upon every, estate 'throughout the colony, a book to be called "Punishment Record Book," and that it shall be the duty of the owner, proprietor, manager, or other person having the direction thereof, to enter and record in the said book, at, or within forty-eight hours alter the time of the infliction of any punishment whatsoever, on any female slave, or on any male slave, a -statement of the nature of the offence, and the time and place at which each punishment shall have been inflicted, together with the names of the persons by whom and by whose au- thority each punishment has been inflicted ; and in case of the corporal punishment of any male slave, the names of the free person or persons, or the six slaves present and attending -at the infliction of every such punishment, and of the number of stripes actually inflicted on the offender; and if any owner, proprietor, manager, or other person having the direction of any estate or task or working gang of slaves exceeding six in number within this colony, shall neglect or omit to make in the said Punishment Record Book, any entry which, ac- cording to the provisions of this present Order, ought to be made therein, or shall not make such entry within forty-eight hours next after the infliction of every and each punishment 4o which the same may refer — the person or persons so offending shall incur and become lia- ble to a penalty of three hundred guilders. And if any person or persons shall wilfully or fraudulently make or cause to be made, any false entry or fraudulent erasure in any such Punishment Record Book, or shall wilfully or fraudulently burn, destroy, cancel, deface, obliterate or falsify the same, or any part or parts thereof, the person or persons so offending •shall for every such offence incur and become liable to a penalty of three hundred guilders, 8 or in case of non-pavment fhereof, .to imprisonment not exceeding throe months— Such Punishment Record "Book to be kept in manner and form following :— i r3 -*5 Name of Slave. Nature of Time and Place of Offence, i Punishment. 1 1 • By whose Authority. By whom Inflicted. ( Witnesses. Nature and Extent of Punishment, if a Female. Extent of Punishment if a Male ■& "9. 5 © 16. And it is hereby fu ether ordered, that every person having charge of a task or working- gnug of slaves exceeding six in number, and every owner, proprietor, manager, of other person having the direction of each and every plantation or estate within this colony, ghall on some day between the first and fifteenth day of the month of January, and the first and fifteenth day of the mouth of July, in eaeli year, repair to the Civil Magistrate, acting in his capacity of Assistant Protector of Slaves, for the time being, of the dis- trict in which such plantation or estate may be situate, or in which such owner, proprietor, manager, or other person as aforesaid, may he then resident, and then and there produce be- fore such Civil Magistrate as aforesaid a precise and exact transcript of every entry, which, during the period next preceding the first day of the month of January, and the first day of •-the month of July, respectively, may have been made in such Punishment Record Book of his or her: task or working gang, plantation or estate, and shall aiso take and subscribe an oath, to he annexed to the said transcript, in the following woids : — " /, A B. the owner or manager of the plantation, task or working gang (as the case may he) called in 1 he district of in the colony >f Her bice, do vi'ike Oath and say, that the paper-wtitilig hereunto annexed, contains a true and exact copy of every Entry which, since the day of last, hulk been made in the Pvxisbhkxt Record Booh of the beforemen/ioned plantation. ta;.k or working gang. And / do further swear, that the said l'i xisn.iixxT Kt-Coiiu Buok hath been punctually and accurately kcjd since the day of in the mariner by law required ; and that no fraudulent erasure or false entry hath been made therein by me or by any person by my procurement, or with my kr.ozzlcd^e or consent — So help me, God !" An (T !p case any such owner, or manager, or other person as aforesaid, shall not, since the tins; if making his list preceding return to the said Civil Magistrate of the district, have in- .fiicted or caused to be indicted, any punishment upon any female slave, or any punishment upon any male slave, then and in every such case, in lieu of the oath aforesaid, such owner, manager -or other -person as aforesaid, shall at the several iimes aforesaid, take and subscribe befoie the Civil Magistrate of the district in which such plantation may be situate, or task or work- tin^ gang:be then employed, an Oath in the following words (that is to say.) — "7, A.Ti. do swear thai since the day of now last past, no punishment hath been inflicted by r.:e or by my ordcror withviy knowledge, upon any fe mule slave belonging or attach- ed to the task or wui king gang, or to the plantation called situate in the district of whereof I am manager (as the case niay be) ; and that no punishment hath since the said day of been inflicted on any male slave belonging or attached to the said task or {forking gang or plantation. And I do further sk ear that no entry of any puniihment hath since the said day of. been made in the Punishment Record book of the said gang or plantation by me or with my knowledge or consent— So help me God! -And anv person or persons as aforesaid, refusing or neglecting to make any such return or to take and subscribe the oath required by this present Act, shall for every offence incur and •become liable to a fine of three hundred guilders. And the Civil Magistrates as such As- sistant Protectors of Slaves as aforesaid are hereby authorised and empowered to administer the said oaths accordingly, 17. And it is hereby further ordered that the Assistant Protector of Slaves of each dis- trict in the colony, shall transmit to the Protector or Deputy Protector of Slaves (as the case may he), at his office in New Amsterdam, w. thin the months of February and August im each year, the whole of the returns so made to him, together with the original affidavits thereunto annexed. And in case any such Assistant Protector of Slaves shall himself be the owner or manager of any estate, or gang of negroes exceeding six in number, he shall, toge- ther with the said returns, transmit to the said Protector or Deputy Protector of Slaves (as the case may be) a transcript of the entries in his own Punishment Record Book for the last six months, together witb an affidavit to be by him sworn before the Protector or Deputy Protector of Slaves (as the case may be) or some other Assistant Protector of Slaves, in the manner abd form, and under the penalty prescribed by the foregoing article. IS. And it is hereby further ordered, that the said Protector or Deputy Protector of Slaves (as the case may be) shall enter and record -io one book or set of books duly paged and indexed, to be by him kept for that purpose, the whole of the returns so made to him, and shall keep and preserve in his office the originals of the said returns and affidavits. 19. And be it further ordered, that any persons, being in a state of slavery, and being the property of the same owner, who may be desirous to intermarry, shall at their election, apply 10 either to the Protectoror Deputy Profecfor of Slaves (as the casemay be) or the Assistant Pro- tector of Slaves of the district in which they may reside, for a marriage licence ; and, as an au- thority to him to grant the same, shall produce the consent in writing of the owner of such slaves, or his or her representative to the celebration thereof; but in case such owner or hi; or her representative shail refuse to consent to any such marriage, or to give such written per- mission for the celebration thereof as aforesaid, then nad in every such case the said Protec- tor or Deputy Pro ector of Slaves, or Assistant Protector of Slaves (as the case may be ) T shall thereupon issue a summons under his hand, requiring such owner or his or her repre- . sentative to appear before him, by himself or herself, or his or her agent, at some conve- nient time and place to be for that purpose appointed, such time being not more than four- teen da\s distant from the time when such application as aforesaid shall be received bv such Protectoror Deputy Protector of Slaves (as the case may be) or Assistant Protector of .Slaves as aforesaid ; andif such owner or representative as aforesaid, being duly cited, shall fail to appear by himself or herself, or his or her agent, before the said Protector or Deputy Protector of Slaves (as the case may be) or Assistant Protector of Slaves, or appearing shall fail to lay before him good and sufficient proof that, such proposed marriage would be in- jurious 1o the well-being of the said slaves, then and in every such case the said Protector or Deputy Protector of Slaves (as the case mav be,) or Assistant Protector of Slaves, shall without fee or reward issue a licence undi r his hand, thereby authorising any Clergyman of the Established Church of England and Ireland, or any Minister of the Dutch Reformed Church, or Lutheran Church, or of the Kirk of Scotland, or any Priest or Curate profess- ing the Roman Catholic Religion, or any Licensed Teacher of Religion within this colour, carrying on no other profession, business, or occupation of profit save and except the occu- pation of a School Master, to solomnize the ma riage of the said slaves ; and such marriage •when so solemnized, shall be held and considered binding, valid and effectual in law : — Provided, nevertheless, that such marriages sha'l not confer < n the parlies or their issue any rights inconsistent with the duties which slaves owe to their owners, or to the Government, or at variance with those rights which the owners or the Government are by law entitled to assert over the slaves and their progeny, or subject such slaves so intermarrying to any pe- nal infliction, the effects of which might destroy the rights or injure the property of their owners. £0. And it shall and n ay be lawful for any Clergyman of the Established Church of England and Ireland, or any Minister of the Dutch Reformed Church, or Lutheran Church, or of the Kirk of Scotland, or for any Priest or Curate of the Roman Catholic Religion, or any Licensed Teacher of Religion, upon receiving the permission in writing of the owner or owners, (or their attoruies, ) of any such slaves wishing to intermarry, or the Licence of such Protector or Deputy Protector (as the case may be), or Assistant Protector of Slaves, to so- lemnize such marriage, and every person by whom such marriage may be solemnized shall register in a book to be by him kept for that purple, every such marriage wiih the date thereof, and the names, ages, and places of abode of the parties contracting, and the pro- prietors or estates to whom or which they respectively belong, 21. And it is further ordered, that every female slave who shall have a child while she preserves her fidelity in marriage, or reputed marriage, or is reputed to do so, shall, six weeks after the birth of such child, if the said child be then living, be en1 it led to receive from her owner, or his or her attorney, twelve guilders, and fifteen guilders for every other child she shall thereafter bear and have under the same circumstances ; and if any owner or at- torney shall omit in any respect to comply with and fulfil the directions of this clause, he or she shall incur a penalty of three hundred guilders for every such offence. And it is further ordered, (hat as soon as any female slave shall have six children living, and who have been born during marriage or such cohabitation as aforesaid, with reputed fidelity, the youngest of whi( h .children shall be seven years of age, the owner or manager of such female slave, shall not thereafter oblige such female sia\e to do any labour in the field, or any other thau light work, under a penally of three hundred guilders for every offence. 22. Every planter or proprietor of slaves shalltake the necessary precaution that his or her slaves be"properly supplied with provisions, and shall therefore be obliged to have pro- vision grounds prepared on the estate and properly planted, calculating one acre for every five negroes, under a penalty of ninety guilders for every acre less in provisions than hereby required ; allowing, moreover, a reasonable weekly allowance, according to the custom of the colonv and as may be best obtained, under a penalty of one hundred and fifty guilders 11 for every slave who may not have hern duly provided with his or her allowance ; and also shall provide such slave or slaves with proper clothing according; to the custom of the colo- ur, under a penalty of one hundred and fifty guilders for every slave not duly provided with his or her clothing : provided always, that whenever the provision grounds to be upon an •estate, shall be found inadequate to furnish the requisite provisions for the due subsistence of the negroes thereon, then and in such case it shall not be compulsory on such proprietor or his or her represent alive to cultivate or keep up such provision grounds as aforesaid, but -such proprietor, or his or her representative, shall in lieu thereof purchase or otherwise pro- cure such an equivalent supply of provisions as may be proper for their support. 23. And be it further ordered, that ihe hours for held work of slaves shall be from six o'clock in the morning until six iu the evening', and not longer, and that two hours shall be allowed them. during. tluit period for rest and meals, under a penalty of thi ee hundred guil- der s. 24. And it is further ordered, that every proprietor of slaves, or his or her attorney, •shall employ a legally qualified medical practitioner, duly authorised to practise, by a cer- tificate from the Lieutenant Governor or Acting Lieutenant Governor, to attend their sick slaves, and shall provide such medicines, food, and other necessaries as such medical practi- tioner shall from time to time reasonably order and direct; and that there shall be on every estate or place where the slaves, other than domestic slaves usually reside, a commodious hos- pi!i)i or siek house, furnished with proper conveniences and attendants for the sick, under ape- ijalt y of six hundred guilders ; and that a book or register shall be kept in every such hos- pital, in which the names and treatment of all such slaves shall he respectively entered by 4he medical attendant; and in case any such medical attendant shall omit or refuse to make guch entries as aforesaid from time to time, ho shall incur a fine of twenty -two guilders for each and every such offence. 25. And it is further ordered, that no person shall, under a penalty of jive hundred guil- ders, bury or allow io be buried any slave who lias died suddenly or under suspicious cir- cumstances, or shortly after punishment, or who has committed suicide, until previous in- formation be given, if iu New Amsterdam, at the office of the Fiscal, or if in the country, until such information be -sent to the Civil Magistrate of the district in which such death took place, or if this be impracticable, to some other respectable inhabitant, who shall, with some legally qualified medical practitioner attend for the purpose of inspecting and examin- ing: the corpse, and send a certificate of the result of such examination to the Civil Magis- •ts ate of the said district, or if it should happen, as it possibly may in particular cases of •tlevth under peculiar, local, or other circumstances, that it is impracticable to obtain either of the certificates ahovementioned, then, and in every such case, some other proof equally strong and satisfactory, or the best which the nature and incidents of the case can afford, must he produced to the said Civil Magistrate, in support thereof, the person offering such proof, to verify by oath the circumstances which put it out of his or her power io procure one or other of the certificates as above directed ; and in every such case the said Civil Ma-' jgistrate shall forthwith transmit unto the Fiscal the said certificates and other the proof liexeinbeibre required. "2S. And be it further ordered, that it shall not be lawful, in the execution of any judg- ment, sentence, decree, or order of the Court of Justice within this colony, to seize and sell in satisfaction thereof, any slave known or asserting to have a husband or wife, or reputed husbanJ, or wife, or child midei the age of sixteen years, who may be the property of the same person or persons, unless such husband or wife, or reputed husband or wife, or child as afoiesaid, shall be sold together, and in one and the same lot, to the same person or per- sons; and in order to prevent any such separation taking place, it is hereby further order- ed, that the Marshal and Sworn Clerk, attending the Marshal when levying Execution, shall in their return, certify that before levying execution on any single slave, they have carefully enquired from the slave, if a male, whether he has a wife or reputed wife, or child under the age of sixteen years, and if a female, whether she has a husband or reputed husband, or child as aforesaid, belonging to the same person or persons; and in case either he or she should d< clare to have a wife or husband, or reputed wife or husband, or child as aforesaid, the Marshal shall be then bound to levy on them together, provided however, that a slave thus asserting to have a husband or wife, or reputed husband or wife, or child as aforesaid, belonging to the same owner, shall be bound to prove the truth of his or her 12 assertion, either "f>y the evidence of the owner, manager, or overseer, on the plantation where the execution shall be levied, or by the evidence of the other slaves belonging to the same estate or plantation, or person or persons ; and in case the assertion be supported by the evi- dence of slaves only, but contradicted by that of the owner, manager, or overseer, or ail of Client, so as to render the case doubtful, or if the Marshal under any circumstances entertain a doubt, if shall then be lawful for him to levy on the single slave given up in execution, and provisionally on the alleged family of the said slave, and it shall -then be his duty fc» make a full report of his proceedings in his return, a copy of which he is to deliver, or cause to be delivered, to the Protector or Deputy Protector of Slaves (as the case may be), who shall with all diligence enquire into the circumstances of. the case, and decide ihcrer.n vvfch strict impartiality and justice, and whatever decision shall.be given by the Protector or De- puty Protector of Slaves thereon, shall be the rule for the Marshal completing the levy and sale ; and in case the single slave thus taken in execution shall, when such levy and execu- tion take place, declare not to have a husband or wife, or reputed husband or wife, or child as aforesaid, or shall remain silent on the subject, then and in everv such case it shall bo lawful for the Marshal to proceed with the sale of the .single slave thus taken in execution., and the sale is hereby declared absolutely valid in -the law to all inte/.ts and purposes what- ever ,' and in order to facilitate such -investigation, the proprietor, manager, or other person having charge of such estate as af r< said, is hereby directed to keep an accurate and com- plete record of all married cr reputed married persons on such estate, and also of the child- ren respectively proceeding therefrom, which shall be forthwith transmitted to the- Prot.ct- or or deputy Protector of Slaves (as the.case mav.be), at his Office in Ne.v Amsterdam, whenever required so to be transmitted by such Protector or deputy Protector of Slaves as aforesaid, for the purpose of facilitating such investigation as aforesaid, under apenalty for not duly keeping such record as aforesaid, of the sum of five hunch cd guilders for every sucji offence, and also under a penalty of Jive hundred guilders for refusing, or omitting to Iran— mit such record as aforesaid, for such purpose aforesaid, to such Protector or deputy Pro*- tector of Slaves as aforesaid, whenever required by him so to do. 27. And whereas by the usage of this colony, persons in -a state of. slaver v have hitherto been permitted to acquire, hold and enjov property free from coutroul ; and it is expedient that the said custom should be. recognized, and as lar sts riccd.be established by lav ; and that provision should be made For enabling slaves to invest such their property on. good security. Be it therefore, and it is hereby ordered and. declared, that.no person in this colony, being in a state of slavery, shall he, and be deemed, or be taken to be, by or on account of such his or her condition, incompetent to purchase, acquire, possess, hold, enjoy, alienate, or dispose of property, but every such slave shall be, and is hereby declared competent to purchase, ac- quire, possess, hold, enjov, alienate, or dispose of lands situate in this colony, money, cattle, implements, or utensils of husbandry, or household furniture., or other effects of such like nature, by him, her, or them honestly and lawfully acquired or hold — save and except fire arms, ammunition, and such colonial produce as is .prohibited to be sirid or bartend bif the existing law : — provided always that it shall not be lawful for any slave to hold or:keep up- on the land of his or her owner or that of any proprietor, any stock or animals, unless with the consent of such owner or proprietor ; and .in case any slave or slaves having such stock, and being warned fo remove such stock or animals, should refuse or. neglect to .remove the same, it-shall be lawful for the owner or other person having charge of such plantation or estate, to .destroy the same, or cause it to be destroyed by others. And if any white or free person in this colony, shall purchase from any slave anv land or article in which such slave shall or may have legally acquired a right of .property, and shall refuse to.pay for the same, it shall and may be lawful fbr-the owner of such, slave, or the Protector or Deputy protec- tor of Slaves (as the case mav be), to have and maintain an action in lus or her own name or quality, for the recovery of the price, .or the -value of the said land or articles so -purchased, in like manner as if the same had been purchased from himself or herself, or such Protector or Deputy Protector »vf Slaves (as the ease .may be), and the Court in its sentence shstll de- cree for the. plaint iff for the use of the.sl.ive, if he or. she shall be proved to have been so de- frauded, and if any owner, in this colony, shaH unjustly withhold from any slave under his or her. direction anv sum of money which shall haxebeen so .decreed.hythe -Court to the use of such slave, or shall on any occasion unjustly appropriate to his or her Own use any land, money, or property of anv kind which such slave shall or may have so lawfully acquired, or shall prevent him or her from disposing of the same, or if any other person whomsoever shall molest or disturb anv such slave in the possession or free use and enjov men! of any land, mo- ney, or property so lawfully acquired by such slave, .such owner or such other } erscn s-lnUi 1-3 upon conviction thereof, be liable to restore to the said slave the land, money, or property, go unjustly appropriated to his or her own use, and be further liable to fine or imprison- ment, or both, at the discretion of the Court: Provided always that nothing hereinbefore contained, shall extend, or be construed to extend, to affect or prejudice the right of pro- perty which the proprietor or owner legally has in or to his slave or slaves ; and his, her, or their services shall in no manner be alienated, diminished, or deteriorated by the possession of any land or other property as aforesaid, which any sucii slave or slaves may by virtue ; hereof legally acquire, but such land or other property so acquired by such slave or slaves Es aforesaid, shall alone be considered and remain liable to and for any debtor debts of what- soever nature or kind, which such slave or slaves may at any time incur for or in respect of any such land or other property as aforesaid, and (he person or persons of the said slave or slaves shall be for ever freed and discharged from all liability for or on account of any such debt or tfebls. 28. And it is hereby further ordered, that a Savings Bank, shall be established in this colony for the better preserving the property of any slaves therein, and that interest at the average rate of Government funded security, shall be allowed upon any sum of money which may be deposited in any such Savings Bank, under the condition that the sum or sums is or are to remain for one twelve month, and any slave making any deposit of money in such Sa- vings Bank, shall bequeath the said money to whomsoever he or she may please, in case of his or her death, by a declaration to be lodged in the records of the Bank, which declaration shall be equivalent to a Will ; the whole, however, to be subject to such rules and regula- tions as may be hereafter deemed advisable.; such Savings Bank to be under the immediate direction of the Protector or Deputy Protector of Slaves (as the case may be), subject to the general superintendence of the Lieutenant Governor, or Acting Lieutenant Governor, and the Council of Government. 29. And it is hereby further ordered, that no duty, tax, or impost, of any nature or kind whatsoever, and that no fee of office shall hereafter, be paid or be payable for or on account, or in respect of the manumission of any slave, or the enrolment, or registiation of any deed of manumission; and if any person within this colony, shall hereafter take, demand, or re- ceive any inx, duty, impost, or fee of office, for any such deed of manumission, or the enroll ment thereof as aforesaid, the pers n so offending shall incur and become liable to the. pay- ment of a tine not exceeding one lliousund, nor less than one hundred guilders. 30. And it is hereby further ordered, that in case the owner or owners of any 9lave or slaves shall he desirous to manumit any such slave or slaves, it shall be his or her duty to apply to the Protector or Deputy Protector of Slaves (as the case may be), and give him notice in writing of such intended manumission, and it shall thereupon be the duty of the Protector or Deputy Protector of Slaves (as the case may be), to enquire into the circum- stances of such slave or slaves, as to his, her, or their age, mental or bodily infirmity, and if it. shall appear to the Protector or Deputy Protector of Slaves (as the case may be), that the slave or slaves proposed to be manumitted, is or are likely to become a burthen on the public, he is then to regulate the amount of the security or of the deposit which is to be given or made by such owner or owners, at whose option it shall be whether he, she, or they prefer to makea deposit in money or give security for the same ; and in case of security being given, it shall be the duty of the Protector or Deputy Protector of Slaves (as the case may be) to take care that the same be full and sufficient for the intended purpose ; and if a deposit of money be made, such money shall immediately be placed in the hands of the Treasurer of the Poors Fund, who shall give a receipt for the same to the owner, and be accountable for the same, in like manner as in all other matters relating to his office as Treasurer of the Poor's Fund. And in order to prevent the possibility of any fraud being committed by persons at- tempting to manumit slaves not bona fide their property, or of whom no valid or effectual manumission can be effected by reason of any mortgage, settlement, lease, or other charge upon or interest in such slave being vested in any other person or persons, it is hereby fur- ther ordered, that on application as before mentioned being made to the Protector or Deputy Protector of Slaves (as the case may be), he shall give Public Notice thereof in the same manner as has heretofore been done by the Secretary of this colony, for the purpose of ena- bling any person having, or pretending to have a right to oppose such manumission ; and if any sucii opposition shall be made, the merits thereof are to be tried de piano before the Court of Civil Justice, and the slave whose manumission is thus opposed shall be defended in such action by his or her owner, or the Protector or Deputy Protector of Slaves (as 14 the case may be), or by both of them, and the decree given by the Court of Civil Justice shall be binding on the parties without any appeal ; and in case no opposition he made against such intended manumission, the owner or owners voluntarily effecting such manumission, shall execute a proper deed of manumission, and the same shall in all cases be executed in the presence of the said Protector or Deputy Protector of Slaves (as the case maybe); or two proper witnesses, to be by him appointed for that purpose, and being so executed, sTia.11 by such Protector or Deputy Protector of Slaves, be enrolled in the Secretary's Office of this colon v, within one calendar month next after the date and execution thereof; and in case any such deed shall not be left for enrolment at the said Secretary's Office within the said period of one calendar month, the said Protector or Deputv Protector of Slaves (as the case may he) shall incur and become liable to the payment of a fine of five hundred guilders, on proof of the neglect being made to the Lieutenant Governor, or Acting Lieu- tenant Governor, for the time being ; and alter the enrolment has taken place, the said ori- ginal deed of m-inumission shall be delivered to the said slave, and thereupon such slave shall he, and be deemed, taken, and reputed to be free to all intents and purposes. 31. And it is hereby further ordered, that in case any slave within this colonv shall he desirous to purchase the freedom of himself, herself, or of his or her wife, or husband, or child, or brother, or sister, or reputed wife or husband, or child, or brother, or sister, it shall and may be lawful to and for an}- such slave so to purchase the freedom of himself, or herself, or of any such other person as aforesaid; and if the owner or proprietor of any Etich slave shall be unwilling to effect his or her manumission, or shall, by reason of any mortgage, settlement, or lease, or other charge upon or interest in such slave being vested in any other 1 person or persons, be unable to execute a valid and effectual manumission of any euch slave ; or if the owner, or proprietor, or any other person having an interest in any such slave, shall be a minor, or a married woman, or idiot, or lunatic . ; or if the real and true owner of any such slave shall be absent from, and have no attorney or representative in this colony, or shall not be known ; or if any suit or action shall be depending in any Court of Justice in this colony, wherein the title to the said slave, or the right to his or her services, shall or may be in controversy ; or if the o.\ner of any such slave, or his or her attorney or representative, shall demand, as the price of his or her freedom, a greater sum of Tnonevtb.au may be the fair and just value thereof, then, aud in each and every the cases aforesaid, the President of the Courts of Cihninal and Civil Justice of this colony shall, on application to him for that purpose, made by the Protector or Deputy Protector of Slaves (as the case may be), issue a summons under his hand and seal, requiring the owner or manager of such slave, or the person or persons under whose direction such slave may be, to appear before him, by themselves or their agents, at some convenient time and place to be by him, the said President, for that purpose appointed: and notice shall also be published by the said Pro- 'tector or Deputy Protector of Slaves (as the case may be), in the public Gazette of this colony for the period of one calendar month, of the time and place appointed for the pur- pose aforesaid ; and in such notice, all persons having or claiming to have any title or inte- rest in or to the slave proposed to be manumitted, either in their own right, or as the guardians, attorneys, trustees, or executors, of any other person, shall be required to attend and prefer 6uch claims. 32. And it is hereby further ordered, that at the time appointed for any such meeting as aforesaid, the President of the Courts of Criminal and Civil Justice of this colony, in the presence of the Protector or Deputy Protector of Slaves (as the case may be), and also in the presence of the owner, attorney, manager, or other person having the charge of the slave or slaves proposed to be manumitted ; or upon proof being made to him, upon oath, of the due service and publication of such notice as aforesaid ; then, if necessary, in the absence of _ such owner, attorney, manager, or other person having charge as aforesaid, shall proceed to hear in a summary way what may be allegea b\ the said Protector or Deputy Protector of Slaves ( as the case maybe ) , and by the owner, attorney, manager, or other persons claiming any interest in the slave proposed to be' manumitted ; and incase the parties, or any of them, shall refuse to effect any such manumission, or if it shall appear to the said President that a valid and effectual manumission of any such slave cannot legally be effected by private con- tract ; or if it shall be made to appear to the said President, that the owner or proprietor of any such slave, or that any person having any charge upon or interest in hiin or her, is a minor, or a married woman, or idiot, or lunatic, or that the real and true owner of any such slave, or that any person having any charge upon or interest in him or her, is absent from the colony, and has no representative orattorney therein, or is unknown, or caunot be 15 found, or that any suit or action is depending -in any Court of Justice in this colony, where- in the title to the said slave, or the right to his w her services is in controversy ; or if it shall •appear to the-said President that any difference of such slave to hrsorher owner, and the -loss which -such owner would sustain by the -loss •of the services of -such s-3a\e, shall within seven-days next after such their appointment, make .a joint -valuation of the slave or -slaves proposed to be manumitted, including in such valua- tion any expenses necessarily attendant on such appraisement, and shall certify such their •"valuation to the President under their hands and seals. And in case such joint certificate -shall not be delivered tollie ssid President within the said terra of seven days, Ihen the said •umpire, heing duly -sworn in manner aforesaid, shall within the next seven days, certify his valuation, -under his han*i and seal, to the said President ; and the valuation to be made in .manner aforesaid, either by the said joint appraisers, or in their default, *b> the said umpire, shall be binding and conclusive, and shall be entered and enrolled in the office of the Secre- tary and Registrar, of this coicny, S3. And it is hereby further ordered, that upon payment tothe Secretary and Registrar ■of this colonv of the appraised \alue of any such slave as aforesaid, after deducting there- from the expense of the appraisement tp be allowed by the said President, the said Secreta- ry and Registrar shall grant to trie Protector or Deputy Protector of Slaves ( as the case may he), a receipt for the money so to be received by him And such receipt shall be duly en- rolled in the ofhee of the said Secretary and Registrar, together with a declaration, under stbe hand and seal of taken place. ^Provided also that nothing herein contained shall extend, or be construed to extend, to prevent the owner or proprietorof such slaves or estate from ■selling or disposing of the same in like manner as would have been lawful in case no such Curators had been appointed. 42. And k h further ordered, that -with every person having the charge of a task or work- ing gang exceeding six in number, and upon every estate throughout this colony, there shall be carefully kept and preserved a Copy of this Ordinance, to whtch access may at ail times be immediately had, under a penalty, in case of neglect or default, of five hundred guilders, 4o be incurred and paid by the owner or proprietor of such estate and task or working gang as aforesaid. • 43. And it is hereby further ordered, - that all Laws end Ordinances of this colony, in .anv wise repugnant to the several provisions, matters, and things hereinbefore expressed or •contained, shall be, and the same are hereby .repealed and declared to be null, void, and •of no effect. 44. And it is hereby further ordered, that this Ordinance shall take effect on, and be ia full force from and after, the First day ef November next ensuing the date -hereof. » And that no ignorance of this Ordinance may he pleaded, these Presents shall be publish- ed in the Gazette of this colony, and Copies sent round to each and every Estate and Plan- tation therein, for general information. Tims done and Enacted in Council of Government, held at the King's Hvitse., Berbice, this Twenty-Jifth Day of September, in the Year of our Lord One Thousand Eight Hundred and Tiscnty-sixz — Present, His Excel- lency the Lieutenant-Govern on, and the Honorabk Members William —J Scott, Charles Kyte, William Campbell, James Clxlejt, T. A, Jones, and J. S. Usher, F. WHITE, Deputy Secretary. N — »«eioi«»o— •4. 5. *«. .'•7. •9.. il. Protector's "Salary./ 14,250 — payable <>nt«of the ordinary llevfenues — O.uii dI Office. '2. Protector to keep an Office in New- Amsterdam — Books " and

:s> estate in the usual manner. 42. All Managers of estates or tesk gang« t« have a copy of this Ordinance, under a penalty otjitto. 43. All Laws ami Ordinances repugnant to this Act repealed. 44. This Act to be iu force from arid after the la! Nov. ru- ber, ld26. 8JB. S-riuif; anti Co, (Eobentmcr.t $)ttnt«r», TH&a-'&xtKttxtum, Hcxtm,