White Servitude in Colonial South Carolina

By Warren B. Smith | Go to book overview

APPENDIX II
An Act for the Better Governing and Regulating White Servants, and to Repeal a Former Act Entitled "An Act for the better governing and regulating White Servants"

SeeIII. Cooper, pp. 621-29.

(This Act of 1744 remained the statutory provision throughout the balance of the colonial period, being the text upon which Simpson "Justice of the Peace"--pub'd. in 1761--was based.)

* * *

"Whereas, the laws hitherto provided in this Province for governing and regulating white servants have proved ineffectual, we pray your most sacred Majesty that it may be enacted,

"I. And be it enacted, by his Excellency James Glen, Captain General, Governor, and Commander-in-chief in and over your Majesty's Province of South Carolina, by and with the advice and consent of your Majesty's honorable Council and the Assembly of the said Province, and by the authority of the same, That where any person or persons are imported into this Province without being under contract or indenture, and are unable or unwilling to pay for their passages, it shall and may be lawful, for the importer or importers of such person or persons, before any one of his Majesty's justices of the peace within this Province, to take an indenture or indentures, executed under the hand and seal of such person or persons in consideration of such passage money, . . . [service as in No. 383] which indenture or indentures shall be as binding and effectual in law as if the same had been executed before the arrival of such person or persons in this Province. And if such person or persons shall refuse to execute such indenture or indentures, or to pay his or her passage money, it shall and may be lawful for the importer or importers, after the expiration of twenty days from such refusal, to carry such person or persons before any two justices of the peace, who are hereby impowered and required, upon due examination of all circumstances, to certify, by an instrument in writing, under their hands and seals, the time such person or persons shall be obliged

-119-

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