law. justices of the peace, constables and other officers, are hereby required to make due and true presentment of such of the said offences as shall come to their knowledge. 399. SEC. LII. If any person shall be at any time sued for putPersons sued ting in execution any of the powers contained in this act, such for acting under this person shall and may plead the general issue, and give the special matter and this act in evidence; and if the plaintiff be non-suited, or a verdict pass for the defendant, or if the plaintiff discontinue his action, or enter a noli prosequi, or if upon demurrer, judgment be given for the defendant, every such defendant shall have his full double costs. be construed. 400. SEC. LIII. This act, and all clauses therein contained, shall be construed most largely and beneficially for the promoting How act to and carrying into execution this act, and for the encouragement and justification of all persons to be employed in the execution thereof; and no record, warrant, precept or commitment, to be made by virtue of this act, or the proceedings thereupon, shall be reversed, avoided or any ways impeached, by reason of any default in form. 401 SEC. LIV. All fines, penalties and forfeitures imposed or Fines, penal- inflicted by this act, which are not hereby particularly disposed feitures, how of, or the manner of recovery directed, shall, if not exceeding the recovered, value of £20 current money, be recovered, levied and distrained c. ties and for of fines. for, by warrant from any one justice of the peace in the county or precinct where such offence shall be committed, according to the act for trial of small and mean causes; and in case such fine, penalty or forfeiture shall exceed the sum of £20 current money, the same shall be recovered by action of debt, bill, plaint or information, in any court of record in this province, wherein no privilege, protection, essoign, wager of law, or non vult ulterius prosequi, or any more than one imparlance shall be admitted or allowed And all the said fines, penalties and forfeitures which shall be recovered by this act, and are not before particularly disposed of, shall be applied and disposed of, half to be applied by the General Assembly for the use of this province, and the other half to him or them who will sue or inform for the same. 402. SEC. LV. The state's part of the fines, penalties and forState's part feitures, which shall be recovered by virtue of this act, shall be paid into the hands of the justices, or in the court where the same Memorial shall be recovered, who shall make a memorial and record of and record of the payment of the same, and shall without delay, send a tran fines to be made. script of such memorial or record to the public treasurer of this province, from the said court or justices, who shall receive the state's part of such fines and forfeitures, which memorial shall be a charge on the judges or justices respectively to whom the same shall be paid; and the public treasurer of this province for the time being, shall and may, and he is hereby authorised and empowered to levy and recover the same, by warrant of distress and sale of the goods and chattles of the said judges or justices respectively, who shall be charged with the same, in case they or Neglecting morial of any of them, shall neglect or refuse to make such memorial or record, as aforesaid, or send such transcript thereof as is before directed, or shall neglect or refuse to pay the same over to the to make me treasurer within 20 days after receipt of the same; Provided, that no person shall be prosecuted for any fine, forfeiture or penalty imposed by this act, unless such prosecution shall be commenced within six months after the offence shall be committed. 403. SEC. LVII. This act shall be deemed a public act, and shall be taken notice of without pleading the same, before all judges, justices, magistrates and courts within this province. FIRE ARMS. 404. [See Nos. 164, 300, 305.] FIRE HUNTING. fines. fire hunting. ACT of March 13, 1789. Grimke's Public Laws, 497. 405. SEC III. In case any slave shall be detected in fire hunt- Penalty for ing, or shall kill in the night time any deer, horse or neat cattle, or stock of any kind, not the property of his master or owner, such slave shall, on conviction thereof before any one justice and four disinterested freeholders of the county or district where the offence was committed, receive such corporal punishment, not extending to life or limb, nor exceeding thirty-nine lashes, as the said justice and freeholders shall direct; or in case that it shall appear upon evidence to the satisfaction of the court, that the said offence was committed with the privity and consent of the owner ble, if with or overseer of the said slave, such owner or overseer as the case his privity. may be, shall be liable to the same penalty, fine and imprisonment, as if he had personally committed the said offence, to be recovered and applied in the same manner as is directed by the first enacting clause of this ordinance. FREEDOM. PERSONS CLAIMING, ACT of May 10, 1740. Grimke's Public Laws, 164. Owner lia ing freedom. 406. SEC. 1. Provided, that if any negro, Indian, mulatto or mustizo, shall claim his or her freedom, it shall and may be lawful for such negro, Indian, mulatto or mustizo, or any person or persons whatsoever, on his or her behalf, to apply to the justices Slaves claimof his majesty's court of common pleas by petition or motion, either during the sitting of the said court, or before any of the justices of the same court at any time in the vacation. And the said court or any of the justices thereof, shall, and they are hereby fully empowered to admit any person so applying, to be guardian for any negro, Indian, mulatto or mustizo claiming his, A guardian her or their freeeom, and such guardians shall be enabled, enti- mitted to tled and capable in law to bring an action of trespass, in the bring an acnature of ravishment of ward, against any person who shall ishment of claim property in, who shall be in possession of any such negro, Indian, mulatto or mustizo; and the defendant shall and may may be ad tion of rav ward. plaintiff. for defend ant. plead the general issue on such action brought, and the special matter may and shall be given in evidence, and upon a general or special verdict found, judgment shall be given according to the very right of the cause, without having any regard to any defect in the proceedings, either in form or substance: And if If verdict for judgment shall be given for the plaintiff, a special entry shall be made, declaring, that the ward of the plaintiff is free, and the jury shall assess damages which the plaintiff's ward hath sustained, and the court shall give judgment, and award execution against the defendant for such damages with full costs of suit; If judgment but in case judgment shall be given for the defendant, the said court is hereby fully empowered to inflict such corporal punishment not extending to life or limb, on the ward of the plaintiff, as they, in their discretion, shall think fit. Provided, that in any Burthen of action or suit to be brought in pursuance of the direction of this act, the burthen of the proof shall lay upon the plaintiff, and it shall be always presumed, that every negro, Indian, mulatto and mustizo, is a slave, unless the contrary can be made appear; the Indians in amity with this government excepted, in which case the burthen of the proof shall lie on the defendant. Provided also, that nothing in this act, shall be construed to hinder or restrain any other court of law or equity in this province, from determining the property of slaves, or their right of freedom, which now have cognizance or jurisdiction of the same, when the same shall happen to come in judgment before such courts or any of them, always taking this act for their direction therein. proof on plaintiff. enter into a 407. SEC. II. And in every action or suit to be brought by any Defendant to such guardian as aforesaid, appointed pursuant to the direction recognizance of this act, the defendant shall enter into a recognizance with to produce one or more sufficient sureties to the plaintiff, in such sum as the ward of plaintiff. said court of common pleas shall direct, with condition that he shall produce the ward of the plaintiff at all times, when required by the court, and that whilst such action or suit shall be depending and undetermined, the ward of the plaintiff shall not be eloigned, abused or misused. [See Nos. 357, 393.] Tax on free persons of calour. FREE PERSONS OF COLOUR. ACT of Dec. 12, 1822. Pamphlet edit. 12. 408. SEC. II, And be it enacted, &c. That every free male negro or person of colour, between the ages of fifteen and fifty regrees and years, within this state, who may not be a native of said state, or shall not have resided therein five years next preceding the passing of this act, shall pay a tax of fifty dollars per annum ; and in case said tax shall not be paid, the said free male person of colour shall be subject to the penalties of the act against free persons of colour coming into this state, passed on the twentieth day of December, one thousand eight hundred and twenty. [See Nos. 359 to 376, 394, 395, 410.] FREEHOLDER. 409. [See Nos. 398 to 403.] GUARDIANS. ACT of Dec. 21, 1822. Pamphlet edit. 13. dian. 410. SEC. VII. And be it enacted, &c. That from and after the first day of June next, every free male negro, mulatto or mustiFree negro zo in this state, above the age of fifteen years, shall be compelled to have guarto have a guardian, who shall be a respectable freeholder of the district in which said free negro, mulatto or mustizo shall reside; and it shall be the duty of the said guardian to go before the clerk of the court of the said district, and before him signify his acceptance of the trust in writing, and at the same time he shall give to the clerk, his certificate, that the said negro, mulatto or mustizo, for whom he is guardian, is of good character and correct habits, which acceptance and certificate shall be recorded in said office by the clerk, who shall receive for the same fifty cents; and if any free male negro, mulatto or mustizo shall be unable to conform to the requisitions of this act, then Penalty for and in that case, such person or persons shall be dealt with as guardian. this act directs for persons of colour coming into this state contrary to law; and the amount of sales shall be divided-one half to the informer, and the other half for the use of the state. HARBOURING SLAVES. ACT of May 10, 1740. Grimke's Public Laws, 170. not having of slave. Punishment 411. SEC. XXIX. If any free negro, mulatto or mustizo, or any slave, shall harbour, conceal or entertain any slave, that shall run away, or shall be charged or accused with any criminal matter; every free negro, mulatto or mustizo, and every slave who shall harbour, conceal or entertain any such slave, being duly convicted thereof, according to the direction of this act, if a Punishment slave, shall suffer such corporal punishment, not extending to life or limb, as the justice or justices, who shall try such slave, shall, in his or their discretion think fit; and if a free negro, mulatto or mustizo, shall forfeit the sum of £10 current money, of free negro for the first day, and 20s. for every day after, to the use of the &c. owner or owners of such slave, so to be harboured, concealed or entertained as aforesaid, to be recovered by warrant under the hand and seal of any one justice of the peace in and for the county where such slave shall be so harboured, concealed or entertained, in like manner as debts are directed to be recovered by the act for the trial of small and mean causes. And that in case such forfeitures cannot be levied, or such free negro, mulatto be sold. or mustizo, shall not pay the same, together with the charges attending the prosecution, such free negro, mulatto or mustizo shall be ordered by the said justice to be sold at public outcry, and the money arising by such sale, shall, in the first place, be paid for and applied towards the forfeiture due, and made payable to the owner or owners, and the charges attending the prose-sale, how apcution and sale, and the overplus, if any, shall be paid by the plied. said justice, into the hands of the public treasurer, to be after- : Offender to Proceeds of Punishment son. wards paid and applied in such manner, as by the General Assembly of this province shall be directed and appointed. 412. SEC. I. Be it enacted, &c. That if any white person shall harbour, conceal or entertain any runaway or fugitive slave, of white per- such person shall be liable to be indicted for a misdemeanor, or prosecuted in a civil action for damages, at the election of the owner or person injured; and in case any person, being indicted, shall be convicted of said offence, such person shall be fined and imprisoned, at the discretion of the court, not exceeding one thousand dollars fine, nor one year's imprisonment, Punishment 413. SEC. II. And be it enacted, &c. That if any free negro, mulatto or mustizo, shall harbour, conceal or entertain any fugiof free negro. tive or runaway slave, and be convicted thereof before two justices and five freeholders, he shall suffer such corporal punishment, not extending to life or limb, as the said justices and freeholders, who try such offender, shall in their discretion think fit. [See Nos. 394 to 396, 462 to 467.] forfeited. HAWKERS AND PEDLARS. ACT of March 11, 1737. Grimke's Public Laws, 153. 414. SEC. VI. If any hawker, pedlar, petty chapman or other License to be trading person, licensed as aforesaid, shall buy, sell, bargain, contract, barter, give, lend or exchange any manner of goods or commodities, to, for or with any slave or slaves, indented servant or servants, or overseer, without the privity or consent of his or their master or mistress, he or she so offending as aforesaid, shall forfeit his or her security bond, and be deemed incapable of taking or receiving a license for the future. INFORMING OF OFFENCES. 415. [See Nos. 388, 389.] INSURRECTION, EXCITING OF ACT of Dec. 21, 1822. Pamphlet edit. 13. 416. Sec. VIII. And be it enacted, &c. That if any person or persons shall counsel, aid or hire any slave or slaves, free neExciting insurrection of groes or persons of colour, to raise a rebellion or insurrection slaves, telony within this state, whether any rebellion of insurrection do actu ally take place or not, every such person or persons, on conviction thereof, shall be adjudged felons, and suffer death without benefit of clergy. [See No. 381.] JUSTICE OF PEACE. 417. [See Nos. 398 to 403.] |