Page images
PDF
EPUB
[merged small][ocr errors]

COPIES of the LAWS passed by the several COLONIAL LEGISLA-
TURES, for the RELIEF of the CATHOLICS, the REMOVAL of the
DISABILITIES of the Jews, and of FREE PERSONS OF COLOUR,
during the last Six Years.

[ocr errors]

ANTIGU A.

- No. 1.

AN ACT for extending the Provisions of an Act of this Island, dated the 12th day of January, in the Year of our Lord 1824, intituled "An Act "for extending the Privileges of the Free Coloured and Free Black In"habitants of this Island, and for repealing various Enactments injurious "to their Interests," and for adapting the Qualification of Jurors to existing Circumstances.-(December 1831.)

W

7HEREAS by the preamble of an Act of this Island, dated the 12th day of January, in the year of our Lord 1824, intituled "An "Act for extending the Privileges of the Free Coloured and Free Black "Inhabitants of this Island, and for repealing various Enactments injuri"ous to their Interests," it was declared that several of the existing laws of this Island had been found to operate with hardship upon the free coloured and free black population respectively, whose good deserts, during a long series of years, had entitled them to the confidence of the white inhabitants, and made it an act of justice in the Legislature to extend their privileges and afford them every proper facility in the prosecution of all such sober and industrious pursuits as might enable them to gain an honest livelihood. And it was by the said recited Act therefore enacted, that all free coloured and free black persons in this Island should be held equally competent with, and as fully qualified, in every respect, as white persons, to be witnesses on all occasions, and for all purposes, and to the execution of all deeds, wills, or other instruments in writing, without exception, in all courts, and before all officers and ministers of justice in this Island, and to serve the process of all such courts, as also to obtain licences for retailing rum and other cordial or strong waters, anything in any former Act of this Island to the contrary notwithstanding. And it was thereby further enacted, that the 22d and 23d clauses of an Act of this Island, intituled "An Act for the better Govern. "ment of Slaves and Free Negroes," dated the 28th day of June, in the year of our Lord 1702, and also the 28th and 29th clauses of another Act of this Island, intituled "An Act to alter and amend an Act, intituled, "An Act for the better regulating of Buildings, and to prevent Mischiefs that may happen from Fire within the Town of Saint John, dated the 1st day of "June, in the year of our Lord 1771," dated the 2d day of September, in the year of our Lord 1784. And also another Act of this Island, intituled "An "Act to amend an Act for establishing Courts of Common Pleas, Error, King's "Bench and Grand Sessions, and for the better regulating and settling due "Methods for the Administration of Justice," dated the 1st day of April, in the of our Lord 1813; and each and every of them should be and the same were and was thereby repealed:

66

year

And whereas the free coloured and free black inhabitants of this Island, although they stand relieved by the said recited Act from all ostensible legal disabilities, are generally considered as virtually excluded, by immemorial custom, from filling offices and places of public trust and confidence in this Island.

And whereas it is expedient that the actual extent of the rights and privileges of this class of the inhabitants should be declared and confirmed by legislative authority.

May it therefore please your Most excellent Majesty that it may be enacted, and be it enacted, by the Governor-in-Chief of Your Majesty's Islands of Antigua, Montserrat and Barbuda, and the Council and Assembly of this Your Majesty's Island of Antigua, and it is hereby enacted and ordained, by the authority of the same, that from and after the publication of this Act, no free coloured or free black inhabitant of this Island shall be described in any legal process or pleadings, in any of the courts of justice in this Island, with any reference or allusion whatever to colour or complexion, but solely by his or her proper addition of degree of mystery.

And be it further enacted, that from and after the publication of this Act, all coloured and all black persons in this island who have been or shall have been in a state of undisputed freedom for the space of seven years, shall be as fully entitled as white persons now are to have exercise and enjoy all civil rights and privileges whatsoever, without exception, in this Island, and shall be compellable to serve the public accordingly, and to perform the duties of the respective offices or stations to which they shall be called or appointed, under the same pains and penalties as white persons would be liable to under the same circumstances, any law, custom or usage of this Island to the contrary notwithstanding. And be it further enacted, that nothing herein contained shall be construed to repeal, or in any manner alter or affect any of the provisions of either of the Acts which are at present in force in this Island for encouraging the importation of white servants, and increasing the number of white inhabitants.

And be it further enacted, that from and after the publication of this Act, every male person in this Island who has been or shall have been in a state of undisputed freedom for the space of seven years, and shall either possess a freehold within this Island of the assessed value of 801. of current gold and silver money of this Island per annum, or upwards, or be a merchant or trader in the actual occupation of a dwelling-house within this Island, of the assessed value of 60 l. like money per annum, or upwards, or be a lessee of a sugar plantation within this Island, or have an estate for less or any greater estate in 30 slaves or more within this Island, or be entrusted with the immediate care or management of a sugar plantation within this Island, and no other person or persons whosoever, shall be held duly qualified to serve as a juror in any of the courts of justice in this Island, anything in any former Act or Acts of this Island, or the usage or custom thereof, in anywise notwithstand ing. And every such person so qualified to serve as a juror, is hereby declared to be liable to the same fines and penalties for non-attendance as are now imposed upon persons liable to serve as jurors by the existing laws of this Island, which are not intended to be hereby repealed, except in so far as they may repugnant to any of the provisions of this Act, provided that nothing herein contained shall be construed to admit the free coloured and free black inhabitants of the Island to parochial relief, until due provision shall have been made for that purpose by legislative authority.

be

Provided always, and it is hereby expressly declared, that this Act shall not be in force or have any effect or operation whatsoever until it shall be approved and confirmed by His Majesty, and such approbation and confirmation shall have been duly notified and published.

Dated at Antigua, the 16th day of December, in the year of our Lord 1831, and in the second year of His Majesty's reign.

(signed) Nicholas Nugent,

Passed the Assembly, the 8th day of September 1831.

Speaker.

(signed) Nathaniel Humphreys,
Clerk of the Assembly,

Passed the Council, the 15th day of December 1831.

[blocks in formation]
[merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small]
[blocks in formation]

AN ACT to extend the Benefits enjoyed by White Persons under certain
Clauses of the Consolidated Slave Act of this Island, to all Free Coloured
and Free Black Persons.-(January 1828.)

WHEREAS in and by the 27th and 42d clauses of a certain Act or Statute Preamble.
of this Island, intituled, "An Act to repeal several Acts and Clauses of Acts
respecting Slaves, and for consolidating and bringing into one Act the several
"Laws relating thereto, and for the better Order and Government of Slaves,
"and for giving them further Protection and Security, for altering the Mode of
"Trial of those charged with Capital and other Offences, and for other Pur-

66

poses," bearing date the 18th day of October 1827, white persons are protected against the insults, assaults and aggressions of slaves, but no protection is afforded in such cases to free coloured and free black persons: be it therefore Clause 1. enacted, by the Honourable John Brathwaite Skeete, President of His Majesty's Council, and Commander-in-Chief of this Island, Chancellor-Ordinary and Vice-Admiral of the same, the honourable the Members of His Majesty's Council, and the General Assembly of this Island, and by the authority of the same, that from and after the passing of this Act all free coloured and free black All Free Coloured persons shall enjoy the like protection against the insults, assaults and aggressions and Free Black of slaves as is secured to white persons in and by the said 27th and 42d clauses Persons to be protected against the of the aforesaid Act or Statute, in as full and ample a manner, to ali ends, intents Insults of Slaves, as and purposes whatsoever as if free coloured and free black persons were expressly White Persons are named in the aforesaid clauses of the said Act or Statute; and the several jus- by the 27th & 42d tices of the peace of this Island shall, and they are hereby severally authorized, Clauses of the Condirected and required, in cases of complaints made to them by free coloured or and Justices are free black persons against any slave or slaves, for insults, assaults or aggres- required to hear sions, to proceed to hear and determine the same in such manner, and to im- and determine the such punishment for such offences as such slave or slaves would be subject Coloured and Free complaints of Free and liable to if such offences had been committed against white persons, any- Black Persons thing in the aforesaid clauses of the Act or Statute aforesaid seeming to the against the Insults of Slaves, and to contrary notwithstanding. punish such of

pose

solidated Slave Act;

fences accordingly.

Cotton and Aloes

And whereas by the 24th clause of the Act or Statute aforesaid, white persons
are alone authorized to inspect the cotton or aloes which may be planted by
slaves to their own use, and as free coloured and free black persons ought to be
allowed to inspect the cotton and aloes of their own slaves and of any other
slaves under their lawful charge, be it further enacted, by the authority afore- Clause 2.
said, that free coloured and free black persons shall be, and they are hereby. Free Coloured and
fully authorized and empowered to inspect the cotton and aloes of their own Free Black Persons
slaves and of any other slaves under their lawful charge, in such manner and shall inspect the
under such and the like provisions as are mentioned and contained in the said of their own Slaves,
24th clause of the Act or Statute aforesaid. And the several cotton inspectors and of any other
of this Island are hereby directed and required in such cases to administer the Slaves under their
like oath to free coloured and free black persons, as are required to be admi- inspection; and
Inspectors shall
nistered to white persons in and by the said last-mentioned clause of the administer the like
aforesaid Act or Statute, anything in the said clause seeming to the contrary Oath to them as to
notwithstanding.

Read three times and passed the General Assembly nem. con., the 8th day of
January 1828.

(signed)

John Mayers,
Clerk of the General Assembly.

Read three times and passed the Council unanimously, the 9th of January

[blocks in formation]

Assented to by his Honour the President on the 10th of January 1828.

[blocks in formation]

White Persons.

Passed 10th Jan,

1828.

Preamble.

The Act of the

recited.

[blocks in formation]

AN ACT to repeal part of an Act or Statute of this Island, intituled, “An "Act allowing the Testimony of Free Negroes and Free People of Colour "to be taken in all Cases," and to extend the Benefit of Testimony to such Free Coloured and Free Black Persons who have not yet been admitted to that Privilege. (October 1830.)

WHEREAS by an Act or Statute of this Island, passed the 17th day of 17th of Feb. 1817 February 1817, intituled, "An Act allowing the Testimony of Free Negroes "and Free People of Colour to be taken in all Cases," it is enacted, that from and immediately after the publication of the said Act, all and every person and persons of free condition, and who had been baptised and instructed in the principles of the Christian Religion, should and lawfully might be admitted and received to give evidence on any trial or suit of any nature or kind whatsoever, or on the hearing any complaint instituted or exhibited in any of the courts of law or equity in this Island, or before any magistrate or coroner; provided that no negro or mulatto who should be made free should be admitted to give evidence by virtue of that law, unless he or she had been manumitted or made free for the space of 12 months previous to the commission of the offence or existence of the fact respecting which he or she should be produced to give his or her evidence; and it was thereby further enacted, that no slave resident in this Island, who should thereafter be manumitted, should be admitted as a competent witness under the said Act, unless he or she should be manumitted according to the Acts of this Island then in full force: And whereas it is expedient to repeal the proviso to the first clause of the said recited Act, and also the second clause of the said Act, to extend the benefit of the said Act or Statute to all such persons as have been, or shall or may hereafter be manumitted contrary to the provisions thereof; be it therefore enacted, by his Excellency Sir James Lyon, Knight Commander of the most honourable Military Order of the Bath, Grand Cross of Hanover, Governor and Commander-in-chief of this Island, Chancellor-Ordinary and Vice-Admiral of the same, the honourable the Members of His Majesty's Council, and the General Assembly of this Island, and by the authority of the same, that the said proviso to the first clause, and also the second clause of the said Act or Statute, be and the same are hereby respectively repealed and annulled.

Clause 1.

The Proviso to the 1st Clause and the

2d Clause of said Act repealed. Clause 2.

The Testimony of

Free Persons admitted generally in all Courts, &c.

Proviso, no Person

to be a competent commission of any Fact prior to the passing of this Act.

Witness of the

And be it further enacted, by the authority aforesaid, that from and after the passing of this Act all persons who now are free persons, and all persons who shall or may hereafter be born free, and all slaves who have been manumitted and set free by any deed or deeds executed since the passing, and con trary to the provisions of the said Act or Statute, and all slaves who shall hereafter be manumitted and set free, shall and lawfully may, upon due and legal proof of the execution of such deed or deeds, and such deed or deeds being duly recorded in the Secretary's Office of this Island, be admitted and received to give evidence in all courts and places whatsoever, and on all trials and suits of any nature or kind whatsoever, without being obliged or compel able to produce any certificate of baptism or otherwise, anything in the Act or Statute aforesaid contained to the contrary thereof notwithstanding; provided always, that no person who may be admitted to give evidence under this Act shall be a competent witness of the existence of any fact or circumstance which shall or may have happened prior to the passing of this Act, anything herein contained seeming to the contrary notwithstanding.

Read three times, and passed the General Assembly nem. con., this 26th day of October 1830.

(signed)

John Mayers,
Clerk of the General Assembly,

Read three times, and passed the Council unanimously the 30th day of

Passed the 3d December.

November 1830.

(signed) (signed)

W. Husbands,

Deputy Clerk of the Council.

JAMES LYON.

Assented to by his Excellency the Governor, on the 3d day of Dec. 1830.

(signed) I'm. Husbands,
Deputy Secretary.

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors]
[ocr errors][merged small][merged small]

AN ACT for the Relief of His Majesty's Subjects in this Island who profess
the Hebrew Religion.-(May 1831.)

WHEREAS by several Acts of the Legislature, certain restraints and disabi- Preamble.
lities are imposed on such persons in this Island as profess the Hebrew Religion,
which it is expedient to remove, be it therefore enacted, by his Excellency Clause 1.
Sir James Lyon, Knight Commander of the most honourable Military Order
of the Bath, Grand Cross of Hanover, Governor and Commander-in-Chief of this
Island, Chancellor-Ordinary and Vice-Admiral of the same, the honourable the
Members of His Majesty's Council, and the General Assembly of this Island,
and by the authority of the same, that from and after the publication of this All Acts imposing
Act, all Acts and such parts of Acts as impose any restraints or disabilities Restraints on White
whatsoever on white persons in this Island professing the Hebrew Religion, the Jewish Reli-
Persons professing
shall be and the same are hereby repealed.
gion, are repealed by this Act, after publication.

lities imposes per

And whereas the removal of such restraints and disabilities will impose the Removal of Disabiperformance of certain duties on the before-mentioned persons, be it further enacted, by the authority aforesaid, that all fines and penalties imposed on other white persons for any refusal or neglect, either in the performance of duties or the execution of offices, shall be and the same are hereby extended to the said persons professing the Hebrew Religion.

formance of Duties. Clause 2. other White PerFines imposed on sons for non-performance or neglect thereof, are extended to Persons of the Jewish Religion.

Proviso, this Act

Provided always, and be it enacted, by the authority aforesaid, that this Clause 3.
Act shall not be in force or operation until His Majesty's pleasure be given

thereon.

Read three times, and passed the General Assembly nem. con., this 8th day of February 1831.

[blocks in formation]

Read three times, and passed the Council this 17th day of May 1831.

(signed) (signed)

W, Husbands,

Deputy Clerk of the Council.

JAMES LYON.

not to be in force until His Majesty's

Pleasure be known,

1831.

Assented to by his Excellency the Governor, on the 25th day of May 1831. Passed 25th May (signed) W. Husbands,

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

AN ACT to remove certain Restraints and Disabilities imposed by Law on
His Majesty's Free Coloured and Free Black Subjects in this Island,
-(June 1831.)

WHEREAS certain restraints and disabilities are imposed on His Majesty's Preamble.
free coloured and free black subjects by the laws of this Island, which restraints
and disabilities ought to be removed:

Be it therefore enacted, by His Excellency Sir James Lyon, Knight Com- Clause 1.
mander of the most honourable Military Order of the Bath, Grand Cross of
Hanover, Governor and Commander-in-Chief of this Island, Chancellor-Ordi-
nary and Vice-Admiral of the same, the honourable the Members of His
Majesty's Council, and the General Assembly of this Island, and by the autho-
rity of the same, that from and after the publication of this Act, all Acts Repeals all Acts
and such parts of Acts as impose any restraints or disabilities whatsoever on and such parts of
His Majesty's free coloured and free black subjects in this Island, to which Acts as impose any
His Majesty's white subjects in this Island are not liable, shall be and the same Majesty's Free
are hereby repealed.

363.

A 4

Restraints on His

Coloured and Free And Black Subjects.

« PreviousContinue »