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50.    And be it further enacted by the authority aforesaid, that all charge of taking and bringing in slaves as aforesaid, shall be defrayed and paid by the public.

51.    And be it further enacted by the authority aforesaid, that if any constable or other person, directed to required to do or perform any matter or think, required, commanded, or enjoined by this Act, who shall know or be credibly informed of any offence which shall be committed against this Act, within his parish, precinct or limits, and shall not give information thereof to some justice of the peace, and endeavor the conviction of the offenders according to his duty, but such constable or other person as aforesaid, or any person lawfully called in aid of the constable or such other person as aforesaid, shall willfully and willingly omit the performance of his duty in the execution of this Act, and shall be thereof convicted, he shall forfeit for every such offence, the sum of twenty pounds current money.

    And in case any justice of the peace, warden of the work house, or freeholder, shall willfully or willingly omit the performance of his duty in the execution of this act, every such justice of the peace and warden of the work house, shall forfeit the sum of forty pounds current money; and every such freeholder shall forfeit the sum of fifteen pounds current money; which several penalties shall be recovered and disposed of as hereinafter is directed;

reward poster slavery    And moreover, the judges and justice of the court of general sessions of the peace, oyer and terminer, assize and assize and general gaol delivery, are hereby commanded and required to give offenders against this Act in charge in open court; and all grand juries, justices of the peace, constables, and other officers, are hereby required to make due and true presentment of such of the said offences as come to their knowledge.

52.    And be it further enacted by the authority aforesaid, that if any person shall be at any time sued for putting in execution any of the powers contained in this Act, such person shall and may plead the general issue and give the special matter and this Act in evidence;

    And if the plaintiff be nonsuit, or a verdict pass for the defendant, or if the plaintiff discontinue his action, or enter a noli prosequi, or if upon demurrer judgment be given for the defendant, every such defendant shall have his full double costs.

53.    And be it further enacted by the authority aforesaid, that this Act, and all clauses therein contained, shall be constructed most largely and beneficially for the promoting and carrying into execution this Act, and for the encouragement and justification of all persons to be employed in the execution thereof; and that no record, warrant, process or commitment to be made by virtue of this Act, or the proceedings thereupon, shall be reversed, avoided, or any way impeached, by reason of any default in form.

54.    And be it further enacted by the authority aforesaid, that all fines, penalties and forfeitures imposed or inflicted by this Act, which are not hereby particularly disposed of, or the manner of recovery directed, shall, if not exceeding the value of twenty pounds current money, be recovered, levied and distrained for, by warrant from any one justice of the peace, in the country or precinct where such offence shall be committed, according to the Act for the trial of small and mean causes;

    And in case such fine, penalty or forfeiture shall exceed the value of twenty pounds, current money, the same shall be recovered by action of debt, bill, plaint or information, in any court of record in this Province, wherein no privilege, protection, essoign, wager of law, or non vult ulterius prosequi, or any more than one imparlance, shall be admitted or allowed; and all the said fines, penalties and forfeitures, which shall be recovered by this Act, and are not before particularly disposed of, shall be applied and disposed of, half to his majesty, his heirs and successors, to be applied by the General Assembly for the use of this Province, and the other half to him or them who will sue or inform the same.

55.    And be it further enacted by the authority aforesaid, that his Majesty's part of the fines, penalties and forfeitures which shall be recovered by the virtue of this Act, shall be paid into the hands of the justices, or in the court where the same shall be recovered, who shall make a memorial and record of the payment of the same, and shall, without delay, send a transcript of such memorial or record to the public treasurer of this Province, from the said courts or justices who shall receive his Majesty's part of such fines and forfeitures; which memorial shall be a charge on the judges or justices respectively to whom the same shall be paid; and the public treasurer of this Province for the time being, shall and may, and he is hereby authorized and empowered to, levy and recover the same by warrant of distress, and sale of the goods and chattels of the said judges or justices respectively, who shall be charged with the same, in case they or any of them shall neglect or refuse to make such memorial or record as aforesaid, or send such transcript thereof, as before directed, or shall neglect or refuse to pay the same over to the treasurer within twenty days after the receipt of the same;

    Provided always, that no person shall be prosecuted for any fine, forfeiture or penalty imposed by this Act, unless such prosecution shall be commenced within six months after the offense shall be committed.

56. And whereas, several Negroes did lately rise in rebellion, and did commit many barbarous murders at Stono and other parts adjacent thereto; and whereas, in suppressing the said rebels, several of them were killed and others taken alive and executed; and as the exigence and danger the inhabitants at that time were in an exposed to, would not admit of the formality of a legal trial of such rebellious Negroes, but for their own security the said inhabitants were obliged to put such Negroes to immediate death; to prevent, therefore, any person or persons being questioned for any matter or thing done in the suppression or execution of the said rebellious Negroes, as also any litigious suit, action or prosecution that may be brought, sued or prosecuted or commenced against such person or persons for or concerning the same;

1740 south carolina slave code signatures

    Be it enacted by the authority aforesaid, that all and every act, matter and thing, had, done, committed and executed, in and about the suppressing and putting all and every the said Negro and Negroes to death, is and are hereby declared lawful, to all intents and purposes whatsoever, as fully and amply as if such rebellious Negroes had undergone a formal trial and condemnation, notwithstanding any want of form or omission whatever in the trial of such Negroes; and any law, usage or custom to the contrary thereof in any wise notwithstanding.

57.    And be it further enacted by the authority aforesaid, that this Act shall be deemed a public Act, and shall be taken notice of without pleading the same before all judges, justices, magistrates and courts within this province.

58.    And be it further enacted by the authority aforesaid, that this Act shall continue in force for the space of three years, and from thence to the end of the next session of the General Assembly, and no longer.

Signed C. Pinckney, Speaker

In the Council Chamber, Commons House of Assembly of Carolina, the 10th day of May, 1740.

Assented to by William Bull. Lieutenant Governor and Commander-in-chief.

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