master's house, who is to give him the like correction, and so every constable through whose precincts he passeth to do the like. A. D. 1717. In all cases servant shall XVII. And whereas by several laws of this Province,. the breaches against the same are punishable by fines, and as servants during their where a freeservice are wholly uncapacle of paying, and might be encouraged to man is punishattempt it should their punishment be respited until their time of service able by fine, a is expired; Be it therefore enacted by the authority aforesaid, That in all receive corpocases where a freeman is punishable by fines, a servant shall receive cor- ral punishment. poral punishment, for every twenty shillings fine, nine lashes, and so many such several punishments as there is twenty shillings included in the fine, unless the master or other acquaintance shall redeem them by making payment. And if any person shall by procurement of the servant, upon Proviso. promise and agreement for future service, pay the tine, and release him from punishment, such agreement made shall bind such servant to performance, after his time by indenture be expired, any thing herein contained to the contrary notwithstanding. XVIII. And whereas it sometimes happens, that servants imported into this Province, being ignorant of the customs here, do sometimes bring Servants who bring goods inin with them a small parcel of goods, or have them sent afterwards by to the Province their friends; Be it therefore enacted by the authority aforesaid, That all shall have propservants bringing in goods with them, not being their own wearing appa- erty in them. rel, or having them consigned to them during the time of their service, shall have a property in their own goods, and dispose of the same for their own future advantage. away sick XIX. And be it further enacted by the authority aforesaid, That if any person inhabiting and residing in this Province, shall turn away any sick Penalty on masters turning or infirm servant, under pretence of freedom or otherwise, and such servant shall die for want of relief, or become chargeable to any parish, the servants. offender shall forfeit the sum of twenty pounds current money, to the use of the parish where such death or charges shall happen, to be recovered by the church-wardens, by action of debt, in any court of record in this Province, and also receive the said servant if living, and him to maintain during the whole time the said servant had to serve; but if any servant through wilful misbehaviour, shall happen to have the pox, yaws, broken bones, impediment or imprisonment, he or she shall serve their master or mistress double the time thereby neglected, and also all charges occasioned by reason thereof, after their time by indenture or otherwise be expired; and also all masters or mistresses of servants who shall receive unjust molestation by complaints or suits of law, shall have the same remedy for their expences and loss of time. free-man get XX. And be it further enacted by the authority aforesaid, That if any free-man of this Province shall at any time hereafter beget a woman- Penalty on any servant with child, he shall (upon due proof thereof according to the ting a womandirections of the Act relating to Bastardy) give good security to save the servant with parish harmless, and as a further punishment for his offence, and for and child. towards satisfaction of the master or mistress of such servant, shall forfeit and pay unto the said master or mistress the sum of ten pounds current money, andshall likewise provide for the maintenance of the said servant during her lying-in, and for the child during the time of the servitude of the said servant, and in case of failure therein shall serve the master or mistress of such servant also during the time she had to serve from the time of her delivery, or shall procure one in his or their stead, that shall be obliged so to do. And in case one servant shall beget another with One servant child, then the man-servant shall after the expiration of his term, serve the getting another master or mistress of the woman-servant, during the time she had to serve serve her time. with child shall A. D. 1717. from the time of her delivery; and if any man shall marry without his master or mistress's consent, he shall serve one year for such offence, or forfeit the sum of twenty pounds; but if any free-man shall marry a servant, he shall be liable to pay the full value of the said servant to her master or mistress, and she shall be free. Penalty on any white person suffering herself to be got with child by a negro. Part of a former XXI. And be it further enacted by the authority aforesaid, That any white woman, whether free or a servant, that shall suffer herself to be got with child by a negro or other slave or free negro, such woman so begot with child as aforesaid, if free, shall become a servant for and during the term of seven years; and if a servant, shall finish the time of servitude together with the damages that shall accrue to such person to whom she is a servant, by occasion of any child or children begotten as aforesaid, in the time of her servitude as aforesaid, and after such satisfaction made, shall again become a servant for and during the term of seven years aforesaid; and if the begetter of such a child be a free negro, shall become a servant for and during the term of seven years as aforesaid, to be adjudged by the two next Justices of the Peace where such fact is committed, to the party aggrieved; and the issues or children of such unnatural and inordinate copulation shall be servants until they arrive at the age of the male twenty one years, and the females eighteen years, from the time of their birth. And any white man that shall beget any negro woman with child, whether free or servant, shall undergo the same penalties as white women. All which times of servitude by this Act imposed upon the persons having so offended, to be disposed of or employed as the Governour and Council shall think fit, the produce thereof shall be appropriated towards the relief of the poor of the parish wherein the said offence was committed. XXII. And as it is customary in other of his Majesty's Colonies in America to make allowances of cloathing to servants at the expiration of their servitude, Be it enacted by the authority aforesaid, that every manservant shall at such time of expiration of their servitude as aforesaid, have allowed and given to him, one new hat, a good coat and breeches, either of kersey or broad cloath, one new shirt of white linnen, one new pair of shoes and stockings; and all women-servants, at the expiration of their servitude as aforesaid, shall have allowed and given them a waistcoat and petticoat of new half-thicks or pennistone, a new shift of white linnen, a new pair of shoes and stockings, a blue apron and two caps of white linuen. XXIII. And be it further enacted by the authority aforesaid, That if any manner of dispute ariseth between masters and their servants, either in relation to their indenture, contracts, wages, freedoms, or any other matter of difference, not herein provided for, it shall be heard and determined by any two Justices of the Peace, saving the right of appeal of either party to the Governour and Council; and if such appeal prove vexatious, it shall be lawful for the Governour and Council to order such costs and damages to the party injured by such appeal, either by servitude by the servant appealing without reason, or such sums of money as they shall think reasonable, by the master or mistress wrongfully appealing, the defendant to be summoned and not condemned unheard. XXIV. And be it further enacted by the authority aforesaid, That one Act of Assembly of this Province entituled an Act inhibiting the Trading with Servants and Slaves, ratified in open Assembly the sixteenth day of March, one thousand six hundred and ninety-five and six, so far as relates to or concerns servants, be from and immediately after the ratification of this Act, declared null and void, and that part of the said Act is hereby A. D. 1717. declared void and repealed. Ratified in open Assembly, the 11th day of December, A. D. 1717. ROBERT JOHNSON, THOMAS BROUGHTON, AN ACT TO CONTINUE TWO CERTAIN ACTS OF ASSEMBLY OF THIS PROV- WHEREAS, the Indian trade, as it is now managed by commissioners, for the sole use, benefit and behoof of the publick of this Province, hath by experience proved not only beneficial to the same, but also of the last consequence to the safety and welfare of this Province in general; and that so good and advantageous laws may be farther continued, 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 of 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 West part of the said Province, and by the authority of the same, That the Act intituled an Act for the better regulation of the Indian Trade, by impowering Commissioners to manage the same, for the sole use, benefit and behoof of the Publick, which was ratified the thirtieth day of June, in the year of our Lord one thousand seven hundred and sixteen, and limited to continue from the said thirtieth day of June, for the full term and space of two years, and from thence to the end of the next sessions of the Ĝeneral Assembly after, and no longer; as also the Act intituled an Additional Act to an Act intituled an Act for the better regulation of the Indian Trade, by impowering Commissioners to manage the same, for the sole use, benefit and behoof of the Publick, ratified in open Assembly the fifteenth day of December, one thousand seven hundred and sixteen, and limited to continue to be and remain in full force from the time of the ratification thereof, until the thirtieth day of June which shall be in the year of our Lord one thousand seven hundred and eighteen, and from thence to the end of the next sessions of the General Assembly after, and no longer; are hereby enacted and declared to continue in force from the said thirtieth day of June, which shall be in the year one thousand seven hundred and eighteen, until the thirtieth day of June which shall be in the year one thousand seven hundred and twenty-three, and from thence to the end of the next sessions of the General Assembly, and no longer; any matter, clause, or thing, or any limitation in either of the said Acts, or in any other law, to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That it shall and may be lawful, at any time after the ratification of this Act, to and for the Commons House of Assembly, for the time being, and they are hereby impowered and authorized, by order of their said House, to lessen or increase the number of the commissioners appointed for carrying on of the said trade with the Indians, according to the said Act, (provided always, No. 384. A D. 1717. the number of the said commissioners shall not be above five); and the majority of the number so appointed by the House of Commons, shall have full power to transact the affairs of the said trade, as also to enlarge, alter or diminish the several salaries of the cashier and commissioners, according as they shall judge to be most for the interest and benefit of the publick, and for the easier management of the said trade; any thing in this or the above recited Acts contained to the contrary in any wise notwithstanding. III. And be it further enacted by the authority aforesaid, That the Cashier be and he is hereby impowered to pay such additional salary, to each of the commissioners appointed by virtue of this Act, and to himself, as he by an order of the House of Commons, for the time being, shall be directed and required. IV. And be it enacted by the authority aforesaid, That the publick Receiver is hereby authorized and impowered to pay unto the Honourable Robert Johnson, Esq. Governour, or the Governour for the time being, the sum of two hundred pounds more than was formerly paid, as an additional salary, to commence from the twentieth day of December ensuing, in manner and form as the former salary of two hundred pounds is directed in and by the before recited Act of Assembly, ratified June the 30th, 1716, intituled an Act for the better regulation of the Indian Trade, &c., under the same fines, forfeitures and penalties therein mentioned and appointed. V. And whereas there are at this present time a number of slaves and horses, belonging to the inhabitants of this Province, in possession of the Creek, Chickasaw and other Western Indians, now in treaty of peace with this Government, which must be recovered from them by an equivalent, and it being highly reasonable that the first proprietors may have the priviledge of preemption of their own slaves and horses, Be it enacted by the authority aforesaid, That upon application made to the Commissioners of the Indian Trade, by any person claiming slaves and horses, now in the possession of the said Indians, it shall be lawful for the said commissioners to grant license to such persons to send goods amongst the said Indians, delivering an invoice of such goods to the said commissioners, and entering into bond, at the same time, on condition to trade or deal for no more than what was formerly their own property, and to render an account of such their trading or dealing to the said commissioners, at their return; and that no such return shall be prolonged to longer time than eighteen months after the ratification of this Act. Provided always, that nothing in this clause shall extend to grant any liberty to any person whatsoever to deal or traffick for any skins or furs, contrary to the true design of this, or the before recited Acts; any thing herein contained to the contrary not. withstanding. Ratified in open Assembly, the eleventh day of December, A. D. 1717. ROBERT JOHNSON, ALEXANDER SKEEN, NICHOLAS TROTT, THOMAS BROUGHTON, CHARLES HART, FRANCIS YONGE. Repealed by section 36 of Act of March 20, 1718-9; and by the Lords Proprietors July 22, 1718. AN ACT TO IMPOWER THE RIGHT HONORABLE THE Governour, to THEREBY. WHEREAS, the uncertain terms this Province stands in, in relation A. D. 1717. No. 3$5. to a peace or war with the Indian nations round us, makes it of ab- Preamble. solute necessity to keep on foot certain companies of Soldiers, Rangers and Garrisons, ready to enter on any expedition against them, and to prevent their treacherous incursions against us: enlist 140 men, out the Prov I. Be it therefore enacted by his Excellency John Lord Cartaret, Palatine, and the rest of the true and absolute Lords and Proprietors of the Province of 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 west part of the said Province, and by the authority of the same, That The Governor it shall and may be lawful for the Honorable Robert Johnson, Esq. impowered to Governor, or the Commander-in-chief of this Province, for the time. to be drawn being, and he is hereby impowered and desired, to raise the number from the comof one hundred and forty men, officers included, after such method and panies throughunder such pay and discipline as is hereafter appointed, that is to say, ince. there shall be a warrant issued out, under the hand and seal of the Right Honorable the Governour, directed to the Captains of each respective company in this Province, intimating the number of men to be drawn out of their several companies, including likewise the men belonging to the Troop and each respective Patrol, and the time and place of rendezvous, and thereby commanding them to enlist, in the first place, all such as were formerly enlisted and neglected or refused to be drafted out and go to the place of rendezvous, according to the directions of a late Act of Assembly of this Province, entituled an Act to revive and continue an Act for appointing rangers to guard the frontiers of this Province, ratified in open Assembly the twenty-ninth day of June, one thousand seven hundred and seventeen, and what is wanting of the number required; then the Captain of every company, by the advice and consent of his Lieutenant and Ensign, is to draw out by lot, or otherwise, so many likely and able men of his said company, or the Troop and Patrol within their respective divisions, any thing in the Militia Act, or the Act for appointing a patrol, or in any other Act or law to the contrary thereof notwithstanding, as will make up the number required of him; and the men so enlisted and being compleatly armed, shall be ready to march and appear at the time and place of rendezvous appointed, and there shall follow and obey such officers as shall be placed over them; and in case any man so enlisted shall refuse or neglect to appear as aforesaid (unless hindered by sickness or some other unavoidable necessity) the offender or such person absenting himself shall be deemed, reputed and taken up as a deserter, and as such shall be tryed by the Governour and Council, and being convicted thereof shall suffer such punishment as the Governour and Council shall think fit. are to be dis II. And be it enacted by the authority aforesaid, That the men to be raised by virtue of this Act, shall be disposed of for the security and How the troops defence of this Province as follows: for the garrison at the Savano posed of. town, a Captain, a Lieutenant and fifteen private men, over and above the |