WHEREAS a speedy prosecution of slaves for capitall crimes is absolutely necessary, and that the same be done without the extraordinary charge usually attending the tryalls of criminalls in the generall court,
Be it enacted, by the Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That every slave comitting such offence as by the law ought to be sattisfyed by the death of the offender, or loss of member, shall be forthwith comitted to the comon gaol of the county within which such offence shall be comitted, there to be safely kept, and that the sheriff of such county, upon such commitment, shall forthwith certify such comitment with the cause thereof to the governor or comander in chief of this her majestys colony and dominion for the time being, who is thereupon desired and impowered to issue out a comission of oyer and terminer, directed to such persons of the county as he shall think fitt, which persons forthwith after the receipt of such comission, are impowered and required to cause the offender to be publickly indicted and arraigned at the court-house of the said county, and to take for evidence the confession of the party or the oath of two credible witnesses, or of one with pregnant circumstances without the solemnity of a jury, and the offender being by them found guilty to pass such judgment upon such offender as the law provides in the like crimes, and on such judgment to award execution.
Provided always, and it is hereby intended, That the master or owner of any slave to be indicted or arraigned by virtue of this act, may appear at the tryall and make what just defence he can for such slave, so that such defence do only relate to matters of fact, and not to any formality in the indictment or other proceedings of the court.
And be it further enacted, by the authority aforesaid, and it is hereby enacted, That when any slave shall be convicted and condemned upon any tryall to be had by virtue of this act, the justices that shall sitt in tryall shall put a valuation in money upon such slave so condemned, and certify such valuation to the next assembly, that the said assembly may be enabled to make a suitable allowance thereupon, to the master or owner of such slave.
And be it further enacted, That all and every other act and acts, and every clause and article thereof heretofore made for so much thereof as relates to the speedy and easy prosecution of slaves comitting capitall crimes, or to any other matter or thing whatsoever, within the purview of this act, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made.