WHEREAS a speedy prosecution of negroes and other slaves for capital offences is absolutely necessarie, that others being detered by the condign punishment inflicted on such offenders, may vigorously proceed in their labours and be affrighted to commit the like crimes and offences, and whereas such prosecution has been hitherto obstructed by reason of the charge and delay attending the same.
Be it therefore enacted by their Majesties Lieutenant Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That every negro or other slave which shall after this present session of Assembly commit or perpetrate any cappitall offence which the law of England requires to be satisfyed with the death of the offender or loss of member, after his commiting of the said offence, shall be forthwith committed to the common gaol of the county within which such offence shall be committed, there to be safely continued, well laden with irons, and that the sheriff of the said county doe forthwith signifie the same to the governour for the time being, who is desired and impowered to issue out a commission of oyer and terminer directed to such persons of the said county as he shall think fitt, which persons forthwith after the receipt of the said commission are required and commanded publicly at the courthouse of the said county to cause the offender to be arraigned and indicted, and to take for evidence the confession of the part or the oathes of two witnesses or of one with pregnant circumstances, without the sollemnitie of jury, and the offender being found guilty as aforesaid, to pass judgment as the law of England provides in the like case, and on such judgment to award execution.
And be it enacted by the authority aforesaid, and it is hereby enacted, That all horses, cattle and hoggs marked of any negro or other slaves marke, or by any slave kept, and which shall not by the last day of December next, be converted by the owner of such slave to the use and marke of the said owner, shall be forgeited to the use of the poore of the parish wherein such horse, beast, or hogg shall be kept, seizable by the church wardens thereof.
And be it enacted by the authority aforesaid, and it is hereby enacted, That where it shall happen that any damage shall be hereafter commited by any negro or other slave living at a quarter, where there is noe christian overseer, the same damage shall be recompenced by the owner of such slave to the party injured.