DISTRICT OF MASSACHUSETTS, TO WIT:

BE it remembered, That on the first day of January in the thirty-fifth year of the Independence of the United States of America, WILLIAM CHARLES WHITE, of the said district, has deposited in this office the title of a book the right whereof he claims as author, in the words following, to wit:

"A COMPENDIUM and DIGEST of the LAWS OF MASSACHUSETTS, BY WILLIAM CHARLES WHITE, Counsellor at law. "Misera servitus est, ubi jus est vagum, aut incogni tum." Volume IV.

In conformity to the act of the Congress of the United States, intitled, "An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such copies, during the times therein mentioned;" and also to an act intitled, "An act supplementary to an act, intitled, an act for the encouragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies during the times therein mentioned; and extending the benefits thereof to the Arts of Designing, Engraving, and Etching Historical, and other Prints."

WILLIAM S. SHAW,

Clerk of the District of Massachusetts.

DIGEST

OF THE

LAWS OF MASSACHUSETTS.

4

TITLE CXXXIX.

SLAVE TRADE.

1. PENALTY for importing, transporting, buying or selling any Africans as slaves; or for fitting out a vessel for that purpose.

2. Insurance on such vessels, void.

3. Of the action for damages given against any person concerned in decoying or carrying off any inhabitant of the commonwealth.

4. Of the bond to be given by the prosecutor in such action.

5. Of costs and damages to the defendant in such action, in case of the plaintiff's failure to support it.

I. Penalty for importing, transporting, buying or selling any Africans as slaves; or for fitting out a vessel for that purpose.

No citizen of this commonwealth, or other person residing within the same, shall for himself, or any other

Stat. 1787, c. 48, s. 1.

Importation of slaves

person whatsoever, either as master, factor, supercargo, prohibited.

owner or hirer, in whole or in part, of any vessel, direct

ly or indirectly, import or transport, or buy or sell, or receive on board, his or their vessel, with intent to cause to be imported or transported, any of the inhabitants of any state or kingdom, in that part of the world called Africa, as slaves, or as servants for term of years.

And every citizen, inhabitant or resident, as aforesaid, who shall, directly or indirectly, receive on board his or their vessel, with intent to import or transport, or cause to be imported or transported, any of the said inhabitants

Ibit.

Penalty.

Ibid. s. 2.

Ibid.

of Africa, contrary to the true intent and meaning of the act, and be thereof lawfully convicted, shall forfeit and pay the sum of fifty pounds, for every person by him or them so received on board, with intent to be imported or transported; and the sum of two hundred pounds, for every vessel fitted out with intent to, and that actually shall be employed in the importation or transportion aforesaid, to be recovered by action of debt, in any court within this commonwealth, proper to try the same; the one moiety thereof to the use of this commonwealth, and the other moiety to the person who shall prosecute for and recover the same.

II. Insurance on such vessels, void.

All insurance which shall be made within this state, on any vessel fitted out with intention as aforesaid, and having on board slaves in order to be transported from Africa, as aforesaid, or upon any slaves so shipped on board of any vessel for transportation, shall be void and of no effect; and this act may be given in evidence under the general issue, in any suit or action commenced for the recovery of insurance so made.

III. Of the action for damages given against any person concerned in decoying or carrying off any inhabitant of this commonwealth.

Whereas divers peaceable inhabitants of this commonwealth, or residents therein, have been privately carried off by force, or decoyed away under various pretences, by evil minded persons, and with a probable intention of being sold as slaves without the same; and although sufficient provision is made for public justice, in such case, by the common law, and an act entitled, "an act establishing the right to, and the form of the writ de homine replegiando," yet no provision is made for bringing actions for damages by the friends or families of any inhabitant who may be so carried off, or decoyed away during his or her life-time :

Be it therefore enacted, that when any inhabitant, or resident of this commonwealth, shall be so carried off, or decoyed away, it shall be lawful for any friend of such injured inhabitant or resident, to bring forward and prosecute to final judgment and execution, before any court of law proper to try the same, any action for damages against any person concerned in decoying or carrying off such inhabitant or resident, in the name of such inhabitant or resident, and in the same manner, and to the same effect, as if thereunto fully authorized by letter of attorney from such inhabitant or resident for that purpose.

IV. Of the bond to be given by the prosecutor in such

action.

Such friend, prosecuting as aforesaid, shall first give to the judge of probate for the county wherein such injured party last dwelt, good and sufficient bond, with sureties to the satisfaction of such judge of probate, conditioned that such prosecutor shall pay the moneys that he may recover in damages as aforesaid, to the said injured party, on his or her return to this commonwealth, if that shall happen by the time the execution is satisfied; and if not, shall apply such moneys to the use and maintenance of the wife, children, or family of the injured party, in proportion, at such periods, and in such way and manner as the said judge shall decree best for the interest of such wife, children, or family, in the absence of such injured party.

V. Of costs and damages to the defendant in such action, in case of the plaintiff's failure to support it.

By the same statute, in case the defendant, who shall be prosecuted as is provided in and by the act, shall be acquitted by the court before whom the trial may be, the said court shall not only render up judgment for legal costs, but for such reasonable damages as the said defendant hath sustained by such prosecution.

Ibid. s. 3.

Ibid.

Ibid s. 4.