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he or they know, or have reason to believe that any negro, mulatto, or mustizo, slaves, or any negro, mulatto, or mustizo, indented or hired for a term of years, have been, or are aboutto be introduced or brought into this state, contrary to law, to issue his or their warrant, addressed to any constable; or should he deem it necessary to call an armed force, to any militia oficer, as the case may require, directing him, with the corps under his command, to pursue, seize and take all such negroes, mulattoes, and mustizoes, together with the white person or persons who may have them in charge, or accompanying them, and lodge the
1 offender or offenders in the nearest gaol to the place where they are so taken: and in case such justice or justices, to whom such information shall be offered, shall not, within twelve hours, issue his or their warrant, he or they shall forfeit and pay the sum of two hundred dollars, to be recovered by suit in any court of record in this state; one hall thereof to be paid into the treasury, as a fund for defraying the expenses in putting this act in force, and the other half to the informer, who shall sue for and recover the same; and in which suits the defendants shall not be entitled to an imparlance; and further, it is declared, that such justice or justices, so offending, sirall, after indictment and conviction, be disqualified, and shall be rendered incapable of holding any office of profit or trust in this state, for the term of five years after such conviction.
And be it enacted by the authority aforesaid, That it shall and may be lawful for any such officer officers of of the militia as aforesaid, and he is hereby au- militia to thorized and required, immediately upon receipt the said of such warrant, to assemble the corps under his warrants. command, or such part thereof as he shall deem sufficient for that purpose; and by himself, or such officer under his command as he shall see fit to depute for that purpose, to seize and take every such
negro, mulatto or mustizo, being a slave or a servant, either indented or hired for a term of years, or free; and also every person accompanying and having charge of such slave or servant ; and every of them being so taken, to commit, Ly writing, under the hand of such officer so taking the said persons, to the custody of the keeper of the public gaol of the district wherein the said capture shall take place; and it shall be the duty of every such goaler, in such case, to receive and safe keep every such person in his gaol, till thence delivered by due course of law. And it shall be lawful for every such officer of militia, and also for those persons who shall act immediately under the command of such officer, and in conformity to the authority hereby vested in such officer, in case resistance shall be made by any such slave or servant as aforesaid, or by any person accompanying and having charge of such slave or servant, to the authority of such officer, in enforcing the observance of this act, and in the lawful exercise of the duties required by the same, to employ force to overcome such resistance, and if need be, to attack, wound and kiil any person who shall resist, as aforesaid, or any person who shall aid and assist therein, as in cases of invasion, rebellion or insurrection.
And be it enacted by the authority aforesaid, Persons That every such officer, and every person acting acting un- under his command, according to this act, shall der such be entitled to the same pay and rations, and be entitled to subject to the same rules of military discipline, and pay.
to the same penalties, that every such officer or person would be entitled and subject to, in case of his being in actual service, by virtue of the acts of the general assembly of this state, in regard to the militia. And in case any such officer to whom any such warrant as aforesaid, shall be directed and delivered, shall refuse, or wilfully neglect to proceed to execute the same, within six
hours after the warrant shall be delivered to him, he shall, for every such refusal or neglect, be liable to a trial by a court-martial, and upon conviction thereof by such court, shall be cashiered, and shall be incapable of holding any office of profit or trust in this state for the term of five years after the sentence of said court-martial.
And be it enacted by the authority aforesaid, That it shall and may be lawful for the sheriff of Sheriffs the district, within the gaol of which any such may sell slave or servant as aforesaid, shall be confined as aforesaid, after it shall be established by the verdict of a jury, as herein after is provided, that such slave or servant lias been brought into this state contrary to this act, to sell any such slave or slaves, or servants, at the usual place, and at one of the usual times appointed by law for selling property at sherift's sales within his district, after giving due and sufficient legal notice of such intended sale, for one month at least previously to the same; and after deducting and paying to those Neat prowho shall be entitled thereto, all the lawful fees, ceeds, charges, and reasonable expenses incurred by such applied. taking up, commitment, safe keeping, and maintenance of every such slave or servant, the residue of the proceeds of such sale to be divided and distributed to and among the following persons, in the proportion following, that is to say: To the informer or informers, one half of the neat proceeds aforesaid; and the remaining half of said neat proceeds shall be apportioned and divided among the officers, non-commissioned officers, and privates, composing the party by whom such slave or servant, so to be sold, was taken and committed, agreeably to their respective rates of pay, when engaged in actual service.
And be iti enacted by the authority aforesaid, Informer. That it shall be lawful for the informer or inform a compe
tent witers under this act, to give evidence to support ness. such information; and every such informer is here
by declared to be a competent witness in any court of law in this state, which shall have cognizance of such cause; any law, usage or custom to the contrary thereof, notwithstanding.
And be it enacted by the authority aforesaid, That Persons in all and every case where any person or persons charged shall be brought, as aforesaid, before the justices bringing and freeholders, charged with bringing into this in slaves,
state, as aforesaid, or having in his, her or their prove the possession, any slave or slaves, as aforesaid, he, charge.
she or they, in order to exculpate themselves from the penalties inflicted by this act, so far as the same regard the property which such person or persons may claim or have in such slave or slaves, shall be obliged, and they hereby are required to prove the charge unfounded, which may be so brought against them.
And be it enacted by the authority aforesaid, Persons That if the said justices and freeholders shall, af. unjustly ter a full examination of the facts therein authorizcharged, to be libe. ed to be submitted to them, be satisfied that the
same are unfounded, it shall and may be lawful for the said justices and freeholders, or a majority of them, to liberate and discharge the said persons so brought before them for examination under the provisions contained in this act.
And be it enacted, That nothing contained in This act this act, shall tend to prevent any person or permento presons, residing in any of the different states, to misons from grate into this state, with his, her or their slaves : migrating Provided such person or persons, so migrating as to this state.
aforesaid, shall, before such migration, on oath, produce a certificate of such oath, before a justice of the peace, or judge, and swear or affirm, that he, she or they, have come into this state with an intent to reside therein; and that the said slaves, brought into this state as aforesaid, haye been the bona fide property of such person or persons, for the term of two years before the migrating of such person or persons; and they shall also produce to
the said judge or justice, a certificate under the hand and seal of a magistrate in the state in which such person or persons reside, certifying that the slave or slaves, intended to be brought into this state, have been his, her or their property for the term aforesaid; and it may or shall not be lawful for any person or persons coming into this state, with an intent to reside therein, to dispose of or hire any slave or slaves, so brought in by him, her or them, as aforesaid, until such person or persons have resided therein for the full term of two years. Provided also, That in no case, or upon any pretence whatever, shall it be lawful for any person, being the head of a family, to bring into this state, any number of negroes exceeding ten, without the express permission of the legislature; and that no other persons, except the head of a family, so intending to reside in this state, shall be allowed the benefit or provision extended or afforded in the above clause of this act.
And be it enacted by the authority aforesaid, That if any tax-collector shall have knowledge or Penalty ou information of any slaves, as before mentioned, be- tax collec.
tors for ne. ing owned by, or in the possession of any person glecting to or persons whomsoever, and shall fail or neglect give inforto give information to the nearest magistrate, with- mation. in three days after such knowledge or information, every such tax-collector shall be liable to pay the sum of two hundred dollars, to be recovered and applied as herein before mentioned ; and shall be, on conviction of such offence, incapable of holding any office of profit or trust in this state, for the term of five years thereafter,
And be it enacted by the authority aforesaid, That if any person or persons shall bring into this Penalty on state, by land or by water, or shall have in his, her persons or their possession, any slave or slaves, as afore- staves into said, he, she or they, shall, upon conviction there- this state. of, forfeit and pay the sum of two hundred dollars. Provided always, That nothing in this act con