A. D. 1717. Lords and Proprietors of this Province, a part or parcel of the said tract of land commonly known by the name of Beaufort, not exceeding fifty acres, to be for a Glebe for the rector or minister of the parish of St. Helena, and his successors forever; which said fifty acres of land shall be taken up by the said commissioners in such part or place of Beaufort, as they with the advice of the major part of the vestry men of the said parish shall think proper, any penalty, forfeiture, clause or thing in the before recited Act, to the contrary notwithstanding.

IV. And whereas, by a certain order of Council of this Province, bearing date the sixth day of June, one thousand seven hundred and seventeen, it is ordered that every person that takes up any of the front lots in the said town of Beaufort, shall be obliged to build thereon a house of fifteen feet in breadth and thirty feet in length, in two years time; and the person that takes up any of the back lots, shall be obliged to build thereon a house of the like dimensions in three years time, after the date of their Grants for the same: Now, as the true intent and design of that order of Council, was to forward the speedy settlement of the said town of Beaufort, to the strengthening the frontiers of this Province, against all manner of enemies, to the great advantage and security of the whole Government, Be it therefore enacted by the authority aforesaid, That all All persons manner of persons who have or shall take up any front lots in the said taking up front town of Beaufort, that do not build a tenantable house according to the Lots in Beau- dimensions aforesaid, or of a proportionable bigness, in the space of three build thereon years, after the ratification of this Act, and also all manner of persons who in 3 years, and have or shall take up any back lots in the said town, that do not build a years after the tenantable house according to the dimensions aforesaid, in the space of Ratification of four years after the ratification of this Act, shall forfeit the sum of ten

fort 'Town shall

back lots in 4

this Act, on

Penalty.

pounds, currant money of this Province, per annum, for every year that they shall so neglect to build as aforesaid, to be levied and recovered for each house wanting to be built as aforesaid, by the church-wardens of the parish of St. Helena, of the persons offending or neglecting to build as is above directed, by action of debt, or on the case, in any Court of Record in this Province, wherein no essoin, protection, priviledge of law, injunction or stay of prosecution, shall be admitted or allowed of, and the money so recovered by the church-wardens aforesaid, shall be by them applied to the building a church and parsonage house, for the said parish of St. Helena, and to no other use whatsoever.

Ratified in open Assembly, the 11th day of December, A. D. 1717.

ROBERT JOHNSON,

ALEXANDER SKEEN,

NICHOLAS TROTT,

THOMAS BROUGHTON,

CHARLES HART,

FRANCIS YONGE.

No. 383.

AN ACT For the BETTER GOVERNING AND

REGULATING WHITE

SERVANTS.

(The original Act not now to be found. The following is copied from Trott, p. 312.)

WHEREAS, there has of late arrived in this Province great numbers of white servants, which for want of sufficient rules to order, direct and

govern them, have proved of bad consequence to their masters, owners and overseers; for remedy of which for the future,

A. D 1717.

vants shall

their time may

I. Be it enacted by his Excellency John Lord Carteret, Palatine, and the rest of the true and absolute Lords and Proprietors of the Province That all Serof Carolina, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown for the South and to contract, and serve according West part of this Province, and by the authority of the same, That all at the end of servants shall serve according to his contract or indentures; and where demand a cy there is no contract or indentures, servants under the age of sixteen years tificate of their at their arrival in this Province, shall serve until they are of the age of one freedom. and twenty years; and if they be above the age of sixteen years, they shall serve five years; and at the expiration of the time aforesaid, shall receive from their master, mistress or employer, a certificate of their freedom on demand; and whoever shall refuse without good cause to give such certificate to any servant whose time is expired, shall forfeit forty shillings nying such cerfor every refusal, to be recovered by the party injured, as is directed in the Act for the Trial of small and mean causes: Provided, that nothing in this Act be construed to extend to any person whatsoever that is brought into this Province, that has not obliged themselves by some contracts to become servants, but such person or persons so brought in, shall pay or cause to be paid to the importer, for his passage, in twenty days after his arrival, in the current money of this Province, allowing for the difference of the exchange of the money of the place from whence they were exported, according to the usual rate of passages from such port or place to this Province.

Penalty for detificate.

Proviso.

other Colonies

II. And be it further enacted by the authority aforesaid, That all servants Servants brought or transported out of any of his Majesty's colonies in America brought from into this Province, shall compleat their servitude here, which they ought shall complete to have served in the said colonies, and no more.

their servitude here.

servitude.

III. And be it further enacted by the authority aforesaid, That every master, mistress or other person whatsoever, owning or keeping any servants, whether by virtue of transportation, purchase or otherwise, shall What Servants within six months after the receiving such servant into their custody within are to exceed this Province (except he, she or they claim but five years service of such five years servants) bring the said servants before the Governour of this Province, or any one of the Lords Proprietors deputies, or any two Justices of the Peace, who are hereby authorized to judge or determine of the age of such servants brought before them, and to return a certificate of such their determination, into the Secretary's office of this Province; and every owner as aforesaid, neglecting or refusing to bring such servant or servants as is before directed, shall not claim above five years service of such servant or servants, any thing herein contained to the contrary notwithstanding.

to commence

IV. And to prevent disputes that may arise about what time servants time of servitude, whether by indenture or otherwise, shall commence, Time of service Be it enacted by the authority aforesaid, that all servants transported into from the time this Province, whether by indenture or otherwise, or so bound or adjudged of the first anas aforesaid, shall commence their time of servitude from the first anchor- choring. ing of the vessel within this Province in which they were imported.

the time of the

V. And be it further enacted by the authority aforesaid, That it shall not be lawful for the master or owner of any servants to make any bargain Any bargain or agreement with his servant to serve him any longer time, before the made during time of his first service by indenture or otherwise is expired and fully first service ended; and every such bargain or indenture made by any servant during shall be void. the time of his service, shall be void and not any ways obligatory on such servant for longer time than by his first indenture, or according to this Act.

No

A. D. 1717.

person to

vant without

VI. And whereas divers ill-disposed persons do secretly and covertly truck and trade with other men's servants and apprentices, who to the great injury of their masters are thereby induced and encouraged to steal, buy, sell or bar-purloyn and embezzel their master's goods; Be it therefore enacted, That ter with a ser- what person or persons soever shall buy, sell, trade or barter with any the License of servant for any commodity whatsoever, without lycence or consent of such the master, on servant's master or mistress, he or they so offending against the premisses, penalty. shall forfeit to the master or mistress of such servants, treble the value of the things traded for, bought or sold, and also ten pounds current money to him or them that shall inform for the same, to be within twenty-five days after the fact committed, recovered by such master, mistress or informer as will sue for the same, by action of debt in any court of record within this Province; and in case the person or persons so offending shall not be able to satisfy the same, then such person or persons shall give bond with security, for his or their good behaviour, and to appear at the next general sessions of the peace and general gaol delivery, where, upon conviction by confession or sufficient witnesses, the offender shall be punished by whipping on the bare back, at the watch-house in Charlestown, and all such contracts made with such servants are hereby declared to be utterly null and void.

Servant or hired labourer striking his

master or mi-tress.

VII. And be it further enacted by the authority aforesaid, That if any Penalty on any servant or hired labourer shall lay violent hands, or beat or strike his or her master, mistress or overseer, and be convicted thereof by confession or evidence of his fellow servant or otherwise, before any two Justices of the Peace in this Province, the said Justices of the Peace are hereby required and authorized to order such servant or labourer to serve his or her master or mistress, or their assigns, any time not exceeding six months, without any wages, after his or her time by indenture or otherwise is expired; or such corporal punishment, to be inflicted by the hands of the constable or some other white person, not exceeding twenty-one stripes, as they shall in their discretion think fitting, according to the nature of the crime.

VIII. And be it further enacted by the authority aforesaid, That any Penalty on any servant or servants unlawfully absenting him, her or themselves, from his, Servant absen-her or their said master, mistress or overseer, shall for every such day's ting himself. absence, serve one week, and so in proportion for a longer or shorter time, the whole punishment not to exceed two years over and above the time he or she was to serve by indenture or as is otherwise directed by this Act, and shall satisfy or pay to his, her or their master or mistress, all such cost and charges as shall be laid out and expended for their taking up, by servitude; and the master or mistress of any runaway servant, that intend to take the benefi of this Act, shall as soon as he or she hath recovered him, her or them, carry the said persons before the next Justice of the Peace, and there declare upon oath, or prove by one or more sufficient witnesses, the time of his, her or their absence, and the charge he or she hath been at in his, her or their recovery, which Justice of the Peace thereupon shall grant his certificate, and the Governour and Council, on that certificate, shall pass judgment for the time he shall serve for his absence.

IX. And whereas divers persons that by indenture, contract for wages The method of or otherwise, being servants, do many times run away to remote plantadiscovering tions, and there being unknown are entertained by others for wages or runaway Sershares; for prevention whereof for the future, and for the better discovery of runaways, Be it enacted by the authority aforesaid, That all servants at the expiration of their time, shall carry the certificate obtained as is before in this Act directed, to the next Justice of the Peace to his last place of

vants.

sons entertain

dwelling, and get the said certificate indorsed and attested by the said A. D. 1717. Justice of the Peace, who is hereby required to endorse the same without fee or reward, which certificate so attested shall be sufficient warrant for any person to entertain him, her or them in their service; and whoever shall entertain or harbour any servant running away from his master's service, and not having a certificate as aforesaid, shall pay to the master of Penalty on persuch servant for every day and night two pounds current money, for all the time he shall harbour or entertain him, so that the whole exceed not ing a runaway treble the value of the servant's time remaining to be served with the servant. master or mistress. Provided, that if such runaway servant shall forge a certificate, and by that means procure himself entertainment, the person entertaining him shall be free from the fine, but the servant or any other person for him forging the certificate, shall be punished for his forgery upon conviction, by standing in the pillory in Charlestown, as the Chief Justice shall direct.

denying serv ants certificate.

X. And be it further enacted by the authority aforesaid, That if the master or owner of any servant shall at the expiration of the time of any Penalty for such servant to them belonging, deny or refuse, without just cause for the same, to give a certificate to the same servant as is in this Act directed, such master or owner, for every such denial or refusal, shall forfeit the sum of two pounds current money, to be recovered as in the Act for Trial of Small and Mean Causes is directed, for the use of the poor of the parish where such offence is committed.

tract to be

XI. And be it further enacted by the authority aforesaid, That if any freeman shall by any contract agree with any person or persons, and before The first conthe time agreed for be accomplished shall depart to another, he shall per- performed. form the tenor of his contract first made and pay the apparent damages that shall arise from his breach of covenant, and shall after that is satisfied be liable to the payment of what damages any other contractor with him shall recover of him by law; and whosoever shall employ any free person (handicraft tradesmen excepted) without a certificate from the last employer, of the performance of his or their last bargain or contract, shall forfeit twenty-five pounds, to be recovered by action of debt, in any court of record in this Province, by the person suffering thereby.

XII. And be it further enacted by the authority aforesaid, That in Servants runcase any servant shall run away in company of any slaves, that every such ning away in servant so running away in company with any slave or slaves, shall upon company with conviction thereof at the general sessions of the peace and gaol delivery of slaves, shall this Province, be deemed a felon, and the punishment of a felou be inflicted on him accordingly, without benefit of clergy.

suffer as felons.

XIII. And to prevent the barbarous usage of servants by cruel masters, Be it enacted by the authority aforesaid, That every master or mistress Servants inshall provide for his servants competent diet, clothing and lodging, and may complain to a that he shall not exceed the bounds of moderation in correcting them Justice of the beyond the merit of their offences; and that it shall be lawful for any Peace. servant, upon any master or mistress whatsoever, or overseer by order or consent of any such master or mistress, denying and not providing sufficient meat, drink, lodging and clothing, or shall unreasonably burthen them beyond their strength with labour, or debar them of their necessary rest and sleep, or excessively beat or abuse them, to repair to the next Justice of Peace to make his or her complaint; and if the said Justice of Peace shall find by just proof that the said servant's complaint is just, he is hereby impowered for the first offence to admonish the said master, mistress or overseer; and for the second offence, upon complaint made to any two Justices, and upon due proof, the said two Justices may levy and distrain, VOL. III.-3.

A. D. 1717. by a warrant under their hand and seal directed to the next constable, any sum not exceeding ten pounds, to be disposed of for the use of the poor of the parish where the offence is committed; and for the third offence, any two Justices of the Peace shall then be and they are hereby authorized and impowered to associate together, and to sell and dispose of the time of such servant to any other white person for such money as they can get for the same, which shall be paid to the churchwardens of that parish, for the use of the poor; saving the right of the master or mistress of appealing to the Governour and Council from the sentence or judgment of two such Justices of the Peace for the disposal or turning over such servant.

Penalty on tavern-keepers entertaining

servants.

Persons taking up runaway servants.

XIV. And be it further enacted by the authority aforesaid, That if any punch-house keeper, vintner or other person whatsoever, shall entertain any man's servant any time, if the said servants shall be drunk, trade or game during such time, he or they so offending shall forfeit forty shillings, to be recovered as in the Act for small and mean causes is directed. XV. And for the encouragement of all persons, to seize or take up runaway servants, it is further enacted by the authority aforesaid, that all and every person as aforesaid, seizing or taking up such runaway servants, shall (if their master or mistress be known) convey the said runaway servants to their master or mistress at their usual place of residence, and for their service receive the sum of twenty shillings for every runaway servant so taken up, and six pence for every mile; but if the said master or mistress be not known, or live very remote, then the said runaway servant is to be conveyed to the common gaol in Charlestown, which said gaoler is hereby impowered and commanded to receive such runaway and runaways, and to pay the bringer the sum aforesaid, for every such runaway servant so brought to him, on penalty of forty shillings; and that it shall and may be lawful for the marshal to detain and keep in custody the bodies of all such runaway servants so brought to him, until the master or mistress of them, or their assigns, shall pay unto him the full sum which he hath so paid for them, together with the diet as long as they shall continue in the marshal's custody, also two shillings and six pence for every twenty-four hours the said runaway servant hath been in custody; and the said marshal shall within ten days after the receiving such servant or servants, send a message to their master or mistress, at the charge of such master or mistress, and if the marshal shall neglect to send as is above directed, he is hereby made liable to the same fines and penalties as persons are that entertain white servants; and if the said marshal shall suffer any runaway servant and penalty for so brought to him, to escape before he or she be duly delivered to his his neglect. master or mistress, or his or their assigns, that then the said marshal shall pay unto the said master or mistress of the said runaway servant so much as he shall be condemned in by verdict of a jury at common law; and it is also lawful for any person to take up any suspected persons and carry him or her to any Justice of the Peace to be examined.

Duty of the
Marshal,

Master's

satisfaction.

XVI. And be it further enacted by the authority aforesaid, That if a master of any runaway servants, or any Justice of the Peace, order any corporal punishment to be inflicted on runaway servants, it shall not deprive the master of the satisfaction allowed by this law, the one being as necessary to reclaim them from further persisting in that idle course, as the other is just to repair the damages sustained by their masters. And if any Runaways to servant shall offend more than twice in running away, it is hereby ordered be punished by that every constable into whose hands the said runaway shall by any Juswhipping. tice of the Peace's warrant be first committed, shall cause him to be severely whipped, and convey him to the next constable towards his