gistrate, who shall inflict such punishment, not exceeding twenty lashes, which any such magistrate may order and direct. patrol. Be it enacted by the authority aforesaid, That every person liable to perform patrol duty, or lia- Fine for ble to procure a substitute to perform the said du- not riding ty, shall, on failure (without legal excuse) to ride patrol in their respective turn, for every such default, forfeit and pay to the commanding officer of the patrol, the sum of two dollars, to be recovered before the captain of the beat or company to which such defaulter belongs, the money to go to the use of the patrol detachment of the said company. for religi sed. And be it further enacted by the authority aforesaid, That from and after the passing of this act, Slaves asit shall not be lawful for any number of slaves, free sembled negroes, mulattoes, or mustizocs, even in compa- ous worny with white persons, to meet together and as ship may be disper semble, for the purpose of mental instruction or religious worship, either before the rising of the sun, or after the going down of the same. And all magistrates, sheriffs, militia officers, and officers of the patrol, being commissioned, city or town guard, or watchmen, are hereby vested with all the powers and authority for dispersing such assemblies, before day, or after sun set, as is herein and hereby given to them in the first clause of this act. And the said officers are also empowered to impose on all such slaves, frce negrocs, mulattoes or mustizoes, the same punishment as by the patrol law they are authorized to do in any case whatsoever. them, to be And be it further enacted by the authority aforesaid, That every officer, or other person so enter- Persons ing into and dispersing such slaves, frce negroes, dispersing mulattoes and mustizoes, from such closed or con- protected. fined places of meeting, or from such open meeting, before sun rise, or after the going down of the same, shall be, and he is hereby declared under the protection of the law, and free from all suits at law, prosecutions and indictments for or on ac, count of such acts as may be done and performed by him or them, in pursuance of the letter and meaning of this act; and all and every person or persons, suing or prosecuting any officer, or other person, for any trespass or tort done by him in putting in force and executing this law, on failure of convicting the party, or proving the case fully, so as to entitle him, her or them to a recovery of damages, shall be liable, and be deemed and adjudg ed to pay to the party so prosecuted or sued, treble costs; for which costs, the party prosecuted or sued, shall have his execution in the usual form, against the goods and chattels of such prosecutor or informer, or plaintiff in the cause, upon application to the clerk of the court where the cause has been tried, Be it further enacted by the authority aforeOwners of said, That any owner or owners of a settled planplantati- tation, after the first of January, one thousand eight hundred and two, containing more than ten employ overseers. workers, shall be required by the tax-collector to ons must whom he shall make his return, to declare, on oath, whether he, she or they, have resided on the said plantation, or have employed and kept on such plantation, a white man or overseer, for the preceding year, capable of doing and performing patrol duty; and every owner or owners, non-resident on such plantation, neglecting to have and employ such white man or overseer on such plantation, shall be liable, in addition to the penaly prescribed by the act for the better ordering and governing negroes and other slaves, to a tax equal to the sum of one hundred dollars, for one year; to be levied and collected by the said tax-collector, in the same manner as he is by law directed to collect the general tax of this state. And in case such owner or owners, refuse to declare, on oath, to the said collector, the truth of his, her, or their having resided on such plantation, containing ten working negroes, or having failed to keep and employ a white man or overseer on the same, agreeable to the foregoing clause, the tax-collector shall, upon such reusi, issue his execution, for double the amount of the sum to which, by law, he, she or they, may for such neglect be able to pay, directed to such officer as by law he is required to dircet his tax exccutions to. Provided nevertheless, That three months shall be allowed for procuring such while person or overseer, in case of death, disagreement, or for any other cause. And whereas, the fines imposed by the patrol law, are too low, and deemed insufficient for the compelling the due and punctual execution of the Said law: ing out ments. Be it further enacted by the authority aforesaid, That every captain or commanding officer of a com- Fine for pany or beat, who shall fail and neglect, at every not mak muster of his company, to prick off and make lists of pat out proper lists of patrol detachments, in his said rol detachcompany, and appoint to such detachments, a leader or proper oficer, as by the patrol law he is required to dò, shall, for such default, in addition to such fine as is by the said patrol law imposed for such neglect, forfeit the sum of eight doilars, to be recovered against him, on information before any justice of the peace; the said fine to go to the informer. Whereas, it hath been a practice for many years past in this state, for persons to emancipate or set frce their slavca, in cases where such slaves have been of bad or depraved characters, or from age or infirmity, incapable of gaining their liveli hood by honest means: To prevent which practice in future, Be it enacted by the honorable the Senate and House of Representatives, now met and sitting in Manner General Assembly, and by the authority of the and form same, That from and after the passing of this act, citing it shall not be lawful for any person or persons to slaves. emancipate or set free, his, her or their slave or of eman slaves, except according to the forms and regula tions herein after prescribed, to wit: Whenever any person or persons shall intend to emancipate or set free, his, her or their slaves, he, she or they, shall signify such intention to some justice of the quorun, who is hereby authorized and required thereupon to summon to meet at a convenient time and place, five indifferent freeholders, living in the neighbourhood of the person or persons so intending to emancipate or set free, his, her or their said slave or slaves: And when the magistrate and the freeholders summoned as aforesaid, shall be convened, the person or persons, proposing to emancipate or set free, his, her or their slave or slaves, shall produce the said slave or slaves before the magistrate and freeholders, and answer to them, upon oath, all such questions as they shall ask concerning the character of the said slave or slaves, and his, her or their ability to gain a livelihood in an honest way; and in case it shall appear to the said magistrate and freeholders, or a majority of them, that the said slave or slaves so produced before them, is or are not of a bad character or characters, and is or are capable of gaining a livelihood in an honest way, they shall give the following certificate, to wit: "We hereby certify, upon the examination, on oath, of A. B. the owner of a certain slave or slaves, named C. D. or E. as the case may be, (here describe the slave or slaves) satisfactory proof has been given to us, that the said slave or slaves, is or are not of bad character or characters, and is or are capable of gaining a livelihood, as the case may be, by honest means." Be it enacted by the authority aforesaid, That Emancipa- no emancipation of any slave shall be valid or lawful, tion to be except it be by deed, and according to the regula by deed. tions above prescribed, and accompanied by the above mentioned certificate. And furthermore, that every person freeing any slave, shall cause to corded. ering a co py of such deed. be delivered to him or her, a copy of the deed of emancipation and certificate aforesaid, (within ten days after such deed shall have been executed) attested by the clerk of the court of the district, who shall record the said deed in the respective offices, and that the said clerk shall be paid therefor by the person emancipating, the sum of four dollars; Such deed and that all deeds and certificates of manumission, to be reshall be void and of non-effect, unless such deed and certificate shall be recorded within six months from the time the same shall have been executed. Be it enacted by the authority aforesaid, That ⚫ every person, neglecting or refusing to deliver to Penalty for any slave by him or her set free, such copy of the not delivsaid deed and certificate, within ten days after the execution of the same, shall forfeit and pay fifty dollars, to be recovered with cots, in any court of record, to the use of the person who shall sue for the same: And in case any slave shall hereafter be emancipated, or set free, otherwise than according to this act, it shall and may be lawful for any person whosoever, to sieze and convert to his or her own use, and to keep as his or her property, the said slave so illegally emancipated or set free. Provided, That nothing herein contained, shall be so construed as to deprive any free negro, Indian, mulatto or mustizo, in the case where he or she is unjustly detained, or held in slavery, from any remedy or redress now given by law. And provided also, That no part of this act shall be construed so as to affect or invalidate any disposition by will of persons now deceased, but such disposition shall operate the same as if this law were not passed. In the Senate House, the twentieth Day of December, in JOHN WARD, President of the Senate. |