[Sidenote: Offences how to be tried and punished.]
16. Be it enacted, that the said governor, or other authority aforesaid,
shall examine, by duty of office, into the conduct of all such traders
and factors, and shall receive and publicly hear (with the assistance of
the council and inspectors aforesaid, and of the commodore, captain, or
other principal commander of one of his Majesty's ships on the said
station, or as many of the same as can be assembled, two whereof, with
the governor, are hereby enabled to act) all complaints against them, or
any of them; and if any black or white trader or factor, (other than in
this act excepted,) either on inquisition of office or on complaint,
shall be convicted by a majority of the said commissioners present of
stealing or taking by surprise any person or persons whatsoever, whether
free or the slaves of others, without the consent of their masters, or
of wilfully and maliciously killing or maiming any person, or of any
cruelty, (necessary restraint only excepted,) or of firing houses, or
destroying goods, the said trader or factor shall be deemed to have
forfeited his recognizance, and his surety to have forfeited his; and
the said trader or factor, so convicted, shall be forever disabled from
dealing in any of the said marts, unless the offence shall not be that
of murder, maiming, arson, or stealing or surprising the person, and
shall appear to the commissioners aforesaid to merit only, besides the
penalty of his bond, a suspension for one year; and the said trader or
factor, so convicted of murder, maiming, arson, stealing or surprising
the person, shall, if a native, be delivered over to the prince to whom
he belongs, to execute further justice on him.
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