offences which are declared to be felonious when committed by white men, should also be felonious when committed by negroes. TICKET OR PASS FOR SLAVE.» 507. [See No. 348, Hogg vs. Keller. TRADING WITH SLAVES. THE STATE US. DAWSON. 2 Bay, 360. 508. The clerk of the defendant had dealt with a negro, but no evidence of its being known to defendant was offered. Determined, that the dealing of a negro with a clerk of a shopkeeper without a ticket, is not sufficient to charge such shopkeeper on an indictment, unless the knowledge of the fact is brought home to him, or some general order by him for that purpose proved; though the clerk himself is chargeable. GREGG VS. THOMPSON. 2 Cons. Rep. 331. 509. This was an action on a note payable to plaintiff's negro slave Joe On demurrer, Determined, that if a note be given to a slave by name, no action can be maintained by the master, but if the slave buys or sells by virtue of a ticket from his master, the case would be different, and the contract considered as made with the master, through the medium of the slave. THE STATE US. ANONE. 2 Nott and M'Cord, 27. 510. The defendant was indicted for trading with a slave without a ticket under the act of 1817. He was absent from his store at the time the act occurred, and his slave who had been long employed in the store had received corn from a negro without a ticket, and given him articles from the store in return, the witness who proved the facts had given the corn to the slave and sent him to the store for the purpose of detecting the defendant. He did not interfere or forbid the trade. The defendant's slave had been long in the habit of buying and selling for him in his store, and it was proved that he had before traded with slaves without tickets. Defendant had said to a white clerk whom he had previously employed, that a ticket was of no consequence, The defendant was convicted, and on motion for a new trial, Determined, that it is immaterial whether the property sold by a slave contrary to the act of 1817, to prevent illicit trading with slaves, be the property of the slave, of his master, or any other person. That the owner or master sending a slave with goods on purpose to entrap the person who might trade for them with the slave, and standing by to see the act of trading or otherwise to detect the illegal traffic, and not forbidding or sanctioning the transaction, does not thereby legalize such trading. Where the defendant has been in the habit of trading with slaves without a ticket, and has authorized his clerks so to trade, and knows that his negro slave (whom he keeps as a clerk in his store) has traded in the same manner in his shop, to which he made no objection, it is sufficient evidence to presume, that he was so authorized by his master, to make the latter liable for the penalty. THE STATE US. BORGMAN. 2 Nott and M'C'ord, 34. 511. A person who appeared as clerk in the shop of the defendant (who had no license to retail spirituous liquors) sold liquors to a negro, No other person was present except the witness, the clerk and the negro; and the shop was a store for the sale of fish, beef and other articles. Determined, that on an indictment for retailing spirituous liquors without a license, it must be proved that the defendant sold the liquors in person, or authorized the sale of it. THE STATE VS. SONNERKALB. 2 Nott and M'Cord, 280. 512. A negro without a ticket went into the store of the defendant (who had no license to retail spirituous liquors) to trade. The defendant admitted that he had sold articles to the negro, and given whiskey for the corn. The defendant was tried on two indictments; for trading with a negro without a ticket, and selling liquors without a license. It was contended that the defendant had committed only one offence, and could not legally be twice punished for the same. Determined, that a person who sells liquors to a negro without a license, may be convicted under the act of 1784, for retailing without a license, and also under the act of 1817, for trading with negroes without a ticket for the same act of selling. TRIAL OF SLAVES. THE STATE US. J. A. WHYTE, and others. 2 Nott and M'Cord, 175. 513. A court of magistrates and freeholders had been selected from remote and distant parts of the county, for the purpose of trying a slave. Determined, that it is sufficient if the magistrates and freeholders are of the county, it is not necessary that they should be of the immediate vicinage. Exparte RICHARDSON. 1 Harper, 308. 514. It appeared from the proceedings of the magistrate, that he had summoned by warrant under his hand and seal the freeholders who sat with him on the trial of a slave, and it also appeared, that one of the freeholders was of another county. Held that the case was coram non judice, and a prohibition was granted. It was contended, that as sentence was passed, and partially executed on the slave, there was nothing to prohibit. But the court declared that the object of the prohibition was as well to punish, as to restrain these inferior jurisdictions from acting contrary to law. Brig. Gen. to make regulations for Fire Guard. order Fire Guard. The following Acts were passed in Dec. 1829, and were not received until it was too late to insert the several clauses under their proper heads. FIRE GUARD OF THE CITY OF CHARLESTON. 515. Be it enacted, That from and after the passing of this act, the brigadier-general of the fourth brigade, or in his absence from the parishes of St. Philip's and St. Michael's, the senior officer of the militia of said parishes, in order to prevent the confusion which may arise from too many men being under arms, when fires shall break out in the city of Charleston, be, and he is hereby authorized to fix the number of men necessary to be under arms in such cases, and to make regulations by which a certain portion only of the militia of Charleston, shall be required, for the period of three months to hold themselves in readiness to parade in cases of alarm from fire, and the said portion of militia shall be commanded by a field officer, detailed according to the roster of officers of the said parishes of St. Philip's and St. Michael's, except the officers in command of regiments; and if any officer, non-commissioned officer or private, so ordered, shall fail to attend at his muster ground in cases of alarm from fire, he shall be subject to the same fines as are imposed by law, for non-attendance at regimental musters. 516. And be it enacted, &c. That the brigadier general of the Brig. Gen. to fourth brigade, or in his absence from the parishes of St. Philip's and St. Michael's, the senior officer of the militia of the said parishes, shall have full power and authority to order, to mount guard and for relief of the same, the portion of the militia composing the aforesaid fire guard, and if any officer, non-commissioned officer or private shall fail to attend parade, at the time and place so ordered, he shall be subject to the same fines as are imposed by law for non-attendance at regimental musters. Courts Martial to be ordered. 517. And be it enacted, &c. That courts martial shall be ordered and held, on all officers, non-commissioned officers and privates, composing the aforesaid fire guard, who shall fail to attend in ca ses of alarm from fire, and when ordered to mount guard and for relief as aforesaid, in the same manner as courts martials are ordered and held by law for non-attendance at regimental musters; and the fines which shall be imposed for non-attendance when ordered to mount guard and for relief of said fire guard, shall be collected by the collectors of fines of the regiment to which the companies composing the said fire guard shall respectively be attached, and are hereby appropriated to the use of the *said companies respectively, who shall furnish their own music; and the fines which shall be imposed in cases of alarm from fire, shall be collected as aforesaid, and are hereby appropriated to the use of the regiments to which the said companies shall be respectively attached. 518. And be it enacted, That the commanding officer of the fire guard shall at the expiration of his term of service, report all &c. To report defaulters, and generally all the transactions of his guard, to the brigadier general of the fourth brigade, or in his absence from the parishes of St. Philip's and St. Michael's, to the senior officer to Brig. Gen. of the militia of the said parishes, and the said brigadier general of the fourth brigade, or in his absence as aforesaid, the aforesaid officer shall have full power and authority to order courts martial on all commissioned officers, non-commissioned officers and privates of the said guard, for military offences, who shall be subject to the same penalties as are imposed by law for similar offences in the performance of ordinary militia duty. exercise. And be it enacted, &c. That the officer commanding the said Guard to fire guard, may at his discretion exercise the said guard at the time of mounting guard and relief thereof. And be it enacted, &c. That the parades of companies for mounting and relieving guard, shall be in lieu of two of the company parades now required by law. senior cap mand. And be it enacted, &c. That in case of the death, absence or In case of removal of the officer commanding the fire guard, the senior death. &c. captain thereof shall discharge all the duties which may have been tain to com required of his superior, and also all the duties incident to the command of the said fire guard. And it shall be the duty of the officer commanding the same to give due notice of his intended absence to the officer next in command. And be it enacted, That nothing herein contained, shall be construed so as to exempt that portion of the militia of Charleston, which shall compose the aforesaid fire guard from the performance of ordinary militia duty. And be it enacted, &c. That all acts and parts of acts repugnant to this act, be, and the same are hereby repealed. [See Nos. 155, 197.] CONSTABLES. ACT of December 18, 1829. 519. SEC. XVIII. And be it enacted, &c That all constables while actually and St. Mi*St Philip employed in serving warrants, or other process issued by a magistrate, or chael. attending a magistrates' court within the said parishes,* shall be exempt from the performance of ordinary militia duty. TRIAL OF SLAVES & FREE PERSONS OF COLOUR. ACT of December 18, 1829. Costs on 520. SEC. 1. Be it enacted, That all free persons of colour convicted by a court of magistrates and freeholders, within the parishes of St. Philip's and trial of free St. Michael's, shall pay the costs of their prosecution, unless the magistrate persons of be satisfied of their inability to do so, in which case the fees shall be colour. charged to the state. 521. SEC, 11. And be it enacted. That in all prosecutions against slaves (within the said parishes) the costs of the prosecution shall be charged to the state, except the court shall be of opinion that the prosecution was groundless and malicious, in which case they shall order the costs to be paid by the prosecutor, if able to pay them. 522. SEC. VII. Be it enacted, That any freeholder, within the said parishes, who shall neglect when duly summoned to attend a magistrates' court, shall forfeit and pay to the state the sum of five dollars, to be recovered by warrant under the hand and seal of some magistrate, in the same manner as is directed in the act for the trial of small and mean causes. Of slaves. Freeholder. Slave-hold 523. SEC. XV. And be it enacted,That alt slaveholders or owners within ers to act the said parishes, shall be invested with the powers and jurisdiction, and as freehold. ers. Punishment of free persons of co lour. Sheriff to subject to the liabilities and penalties of freeholders, in relation to the trial of negroes and persons of colour within the said parishes. 524. SEc. XVI. And be it enacted, That on the trial of any free person of colour within the said parishes, when the court shall be of opinion that corporal punishment is unsuited to or insufficient to the offence, such court may impose a fine upon the offender, to be collected for the use and benefit of the state. COLLECTOR OF MILITARY FINES. ACT of Assembly December 20, 1829. 525. SEC. 1. Be it enacted, &c. That all fines hereafter imposcollect fines. ed on any commissioned officers for neglect of militia duty in any battalion, regiment or brigade, shall be collected by the sheriff of the judicial district in which such delinquent may reside, except in the parishes of St. Philip and St. Michael, in which the fines shall be collected by the collector of fines, allowing to him the same commission as is by this act allowed the sheriff, and for the performance of this duty the sheriff shall receive twenty-five per cent. on all monies so collected. Officer to furnish sheriff with 526. And be it enacted, That it shall be the duty of the officer, ordering any courts martial, to furnish the sheriff, within fifteen days after any fine has been imposed on any commissioned officers, with executions against such delinquents, and the said sheexecutions. riff, within thirty days after receiving such executions, shall notify each delinquent of the amount of his fine, and require payment thereof; and if the said delinquent shall neglect or refuse to pay the same, within fifteen days after such notification, the said sheriff shall proceed on the execution, and shall arrest the body of the said delinquent, for the satisfaction of the said fine, unless the said delinquent shall point out sufficient property whereof to levy and satisfy such fine so imposed as aforesaid. 527. And be it enacted, That it shall be the duty of the several Tax collec- tax collectors in this state, at the request of any militia officer, tor's duty.. to furnish such officer with the amount of the last general tax of any defaulter hable to be fined as aforesaid; but nothing in this act shall be construed to deny the right of appeal to any officer who may conceive himself aggrieved by the sentence of any court martial. Penalty against sheriff. Sheriff fines. 528. And be it enacted, That the sheriff, with whom any such execution shall be lodged, shall be bound to execute and return the same to the paymaster of the regiment within three months from the time of the lodgment thereof, and on default, he shall pay the sum of fifty dollars, to be recovered by summary process in the name of the State of South-Carolina, one half of which shall be paid to the informer, and the other half to the use of the state. 529. And be it enacted, That it shall be the duty of the sheriff, to pay over within ten days after demand, to pay over all monies collected by him, pursuant to this act; and in default thereof, an action be brought against him in the name of the regimental paymaster; and the amount so collected recovered against him, with interest at the rate of six per cent. for each month, from the time of demand. may |