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shall be summoned, assembled and called together, and shall proceed upon the trial of any slave who shall commit any offence, not capital, in like manuer as is berein before directed for trying of cases capital :
And in case any slave shall be convicted before them, of any offence not capital; the said one justice, by and with the consent of the said freeholders, shall give judgment, for the inflicting any corporal punishment, not extending to the taking away life or member, as he and they in their discretion shall think fit; and shall award and cause execution to be done accordingly.
Provided, That if the said one justice and two freeholders, upon examination of any slave charged or accused before them, for an offence not capital, shall find the same to be a greater offence, and may deserve death, they shall with convenient speed, summon and request the assistance of another justice, and one or more freeholders, not exceeding three, which said justice and freeholders newly assembled shall join with the justice and freeholders first assembled, and shall proceed in the trial, and unto final judgment and execution, if the case shall so require, in manner as is herein above directed for the trial of capital offences.
464. SEC. XI. And be it enacted, &c. That two justices agistrates, and one freeholder, or one justice and two freeholders of the said court. What two justices and three freeholders, shall make a quorum, and the
conviction or acquittal of any slave or slaves by such a quorum of them, shall be final in all capital cases; but on the trial of slaves for offences not capital, it shall and may be sufficient, if before sentence or judgment shall be given, for inflicting a corporal punishment not extending to life or member, that one justice and any one of the freeholders shall agree that the slave accussed is guilty of the offence with which he shall be charged.
465. Sec. Xu, And be it enacted, &c. So soon as the justice or justices and freeholders shall be assembled as aforesaid, in pursuance of the direction of this act, the said justices shall administer to each other the following oath:
I, A. B. do solemnly swear in the presence of Almighty God,
that I will truly and impartially try and adjudge the prisoner Oath of the or prisoners who shall be brought beforc me, upon his or their trial,
and honestly and duly, on my part, put in execution on this trial, an act, entitled, An act for the better ordering and governing negroes and other slaves in this province, according to the best of my skill and knowledge : So help me God.
And the said justice or justices having taken the aforesaid oath, shall immediately administer the said oath to every freeholder who shall be assembled as aforesaid, and shall forthwith proceed upon the trial of slave or slaves as shall be brought before them.
ACT of May 11, 1754. Grimke's Public Laws, 236. 466. Sec. iv. And be it enacted, &c. And it shall and may be lawful for the justice who shall commit the offender, to issue his warrant, under his hand and seal, to call to his assistance any one of the nearest justices of the peace, to associate with him, and
allowed if thoughtne
summon the freeholders as mentioned in the said act,* to meet. 159 together with the said justice, at a certain day and place, not exceeding six days after the apprehending of such offender.
And that it shall be left to the discretion of the said justices and freeholders, at any time within six days after the apprehend- time, ing such slave and his being committed by a justice of peace ahl for trial, to postpone the said trial to such further time as they cessary toy shall think proper and appoint, upon oath being made before and freetol. them, or affidavit produced to them, that the person or persons ders. who was or were witnesses to such fact for which such slave was apprehended, is or are ill, and cannot with safety attend such trial, or is or are at too great a distance to be there within the time by this act directed for such trial. ACT of December 19, 1827. Pamphlet edit. 61.
to try per467. SEC. XII. And be it enacted, &c. That all persons sons of colour of colour, who may hereafter be liable to trial within the and St. Miparishes of St. Philip and St Michael, shall be prosecuted only cha before one or more of the magistrates appointed under this act, and freeholders to be summoned by thein.
in St. Philips
UNLAWFUL MEETINGS. 468. [See No. 354.]
WORK-HOUSE, MASTER OF 469. [See Nos. 398 to 440.]
WORKING OUT. ACT of May 10, 1740. Grimke's Public Laws, 171. 470. SEC. XXXII. And whereas several owners of slaves do suffer their slaves to go and work where they please, upon condi- Slaves not to tions of paying to their owners certain sums of money agreed Withou upon between the owner and slave; which practice has occasi- ticket. oned such slaves to pilfer and steal, to raise money for their owners, as well as to maintain themselves in drunkenness and evil courses ; for prevention of which practices for the future, Be it enacted, That no owner, master or mistress of any slave, after the passing of this act, shall permit or suffer any of his, her or their slaves to go and work out of their respective houses or families, without a ticket in writing, under pain of forfeiting the sum of theranda ten pounds, current money, for every such offence, to be paid the one-half to the church wardens of the parish, for the use of the poor of the parish, in which the offence is committed, and the other half to him or them that will inform and sue for the same, to be recovered in the same way as debts are by the act for the trial of small and mean causes. And every person employing any slave without a ticket from the owner of such slave, shall forfeit to the informer, five pounds, current money, for each day he so employs such slave, over and above the wages agreed to be paid such slave for his work.
Provided, That the said penalty of five pounds per diem, shall not extend to any person whose property in such slave is disputable. And provided, That nothing herein contained shall binder any person or persons from biring out by the year, week or day, or any other time, any negroes or slaves to be under the care and direction of his or their owner, master or employer, and that the master is to receive the whole of the earning of such slave or slaves, and that the employer have a certificate or a note in writing of the time or terms of such slave's employment, from the owner, attorney or overseer of every such slave severally and respectively.
ACT of Dec. 21, 1822. Pamphlet edit. 13.
471. Sec. vi. And be it enacted, That from and after the pasPunishment for slaves,
"sing of this act, it shall be altogether unlawful for any person or
persons to hire any male slave or slaves, his or their time; and in case any male slave or slaves be so permitted by their owner or owners, to hire out their own time, labour or service, the said slave or slaves shall be liable to seizure and forfeiture in the same manner as has been heretofore enacted in the act in the case of slaves coming into this State, contrary to the provisions of the same. [See No. 360.]
biring their own thme.
WHIPPING SLAVES. 472. [See No. 388.]
WRITE, TEACHING TO ACT of May 10, 1740. Grimke's Public Laws, 174. 473. SEC. XLV. And whereas the having of slaves taught to write, or suffering them to be employed in writing, may be attended with great inconveniences; Be it enacted, That no person or persons whatsoever, who shall hereafter teach or cause any slave or slaves to be taught to write, or shall use or employ any slave as a scribe in any manner of writing whatsoever, hereafter taught to write; every such person or persons shall, for every such offence, forfeit the sum of one hundred pounds, current money.
CONSTITUTIONAL COURT & COURT OF APPEALS
Waite vs. CHAMBERS. 2 Bay, 70. 474. The negro of plaintiff whilst in charge of his master's property, was severely beaten hy defendant. Determined, that battery of a slave is actionable by the master. That if a slave is insolent to a freeman, complaint ought in the first place to be made to his master, or the person who has the charge of him, who ought to give redress, and that if this is refused, then application should be made to a civil magistrate, who is bound to redress the injury, and that he should not have redress by his own arm.
GODARD vs. WAGNER. 1 M Cord, 100. 475. Trespass vi et armis is the proper action for beating the slave of plaintiff.
BRINGING SLAVES INTO THE STATE.
CALDER vs. DELIESSELIN. 1 Harper Rep. 186. 476. A vessel arrived in Charleston from Nassau, N. P. manned by the master, a white man, the mate, a free person of colour and four slaves, seamen; the sheriff seized the mate and seamen under the act of 1823, and carried them to gaol. Deter. mined, that the Act of December, 1822, authorizing the sheriff to seize “ free negroes or persons of colour," on board of vessels coming into port, and to detain them till the vessel are ready to depart, does not relate to slaves.
COSTS OF PROSECUTING SLAVES.
PENNING vs. PORTER 1 Cons. Rep. 396. 477. The plaintiff's slave had been prosecuted before the defendant (a magistrate) and was convicted. The defendant claimed and received costs from the plaintiff. In an action to recover the amount so paid, Determined, that the owners of slaves who may be convicted of offences, are not liable to pay the costs of prosecution.
EAST INDIANS. Exparte FERDINAND FERRETT, and others. 1 Con. Rep. 194.
478. The applicant whose mother was a free East Indian, and married to a white man, moved for a prohibition to restrain the collection of a tax from them under an ordinance of the City of Charleston, which ordained “ That each and every other free male negro, or free person of colour, whether a descendant of an Indian or otherwise shall," foc. Determined, that these words of the ordinance are not a mere description of persons, but have an evident relation to the condition in society, and point to a class of persons who have always been subjected to this tax. The words Indian mean slave Indian, and cannot be extended to the descendants of an East Indian and white man, nor to the descendants of any other free Indian not impregnated with the blood of the negro.
ENTICING SLAVE TO LEAVE HIS MASTER. ROBINSON vs. Culp. i Cons. Rep. Treadway's edit. 231.
479. Action on the case for procuring, persuading and inticing negro slave to depart and absent himself from the service of his master. The presiding judge having charged the jury, that if they were of opinion that the defendant had committed the act clandestinely, he was guilty of felony, and that the plamtiff could not recover. On motion for new trial, Determined, that where property is involved, a civil action does not merge in the felony in any case. Whenever a person sets forth a good cause of action in his declaration, and supports his allegations by proof, he ought to recover, notwithstanding the testimony may be such as to induce a belief that the transaction is felonious.
FALSE PROSECUTION. 480. (See No. 482.]
FELONY. 481. [See No. 506.]
FREE PERSONS OF COLOUR. The State vs. GREENWOOD. 1 Cons. Rep, 420. 482. The defendant had fabricated a charge against two free persons of colour, and procured a warrant of commitment from a magistrate, and confined them in gaol, where they were kept until they consented to bind themselves to a man, to whom they were delivered by order of the magistrate, after which they were