A.D. 1803. Acts relating to Slaves. II. And be it further enacted by the authority aforesaid, That from Importation of and after the passing of this Act, no negro, mulatto, mestizo, or other negroes prohi. person of colour, whether bond or free, shall be imported or brought into this State, or enter the same, from the Bahama or West India Islands, or from the continent of South America; nor shall any negro or person of colour, who heretofore hath been, or now is, or hereafter shall be, resident in any of the French West India islands, enter or be brought into this State, from any part or place without the limits thereof. Bahama or the sister States. III. And be it further enacted by the authority aforesaid, That no male And also from slave above the age of fifteen years shall be imported or brought into this State, from any of our sister States, unless the person importing such negro, shall produce, and file in the office of the clerk of the district where the person so importing may reside, a certificate under the hands of two magistrates, and the seal of the court of the district where the said negro or negroes have resided for the last twelve months previous to the date of the certificate, that such negro or negroes are persons of good character, and have not been concerned in any insurrection or rebellion. Former Acts IV. And be it further enacted by the authority aforesaid, That an Act entitled "An Act to prevent negro slaves, and other persons of colour, made of force. from being brought into or entering this State," passed the twentieth day of December, in the year one thousand eight hundred; also "An Act supplementary to an Act entitled An Act to prevent negro slaves and persons of colour from being brought into or entering this State," passed the nineteenth day of December, in the year one thousand eight hundred and one, shall be, and the same are hereby declared to be, in full force and operation, so far as the same shall or may apply to the provisions contained in the preceding clauses of this Act, and in no other. And the said Act, passed the twentieth day of December, in the year one thousand eight hundred, shall be, and the same is hereby declared to be, a perpetual Act. ing this State V. And be it further enacted by the authority aforesaid, That each and Negroes enter every negro and negroes, mulatto and mulattoes, mestizo and mestizoes, contrary to the or other person or persons of colour whatsoever, whether free or bond, provisions of brought, sent or entering into this State, contrary to the provisions of this this Act, to be Act, be, and the same are hereby declared to be, forfeited, one half to the forfeited. State and the other half to the informer or informers, to be recovered in the name of the State, by action, in the nature of the action of detinue, wherein it shall not be necessary to prove that the defendant in the suit was in possession of the person or persons aforesaid, at the time of commencing the same; and the said informer and informers are hereby declared competent witnesses in the aforesaid suits, in any courts in this State having cognizance thereof. VI. And whereas, Moses Glover, Mary M'Kenzie, his mother-in-law, and the son of Mary Sophia Glover, wife of the said Moses Glover, are desirous to remove certain negroes to this State from the Bahama islands, for settlement, not exceeding one hundred and seventy slaves: Be it therefore enacted by the authority aforesaid, That the said Moses Glover, Mary M'Kenzie, and Moses Glover, in right of his wife, for John Hepburn, her son, shall have permission to bring the said negroes into this State. Provided nevertheless, that the said Moses Glover, for himself and John Hepburn, the son of the said Mary Sophia Glover, his wife, and the said Mary M'Kenzie, on the arrival of the said negroes into this State, shall make oath, before one of the associate judges of this State, that the said negroes so brought in, were bona fide their property at the time of the passing this Acts relating to Slaves. Act, are negroes of good character, have never been concerned in privateering, and that they are brought in for settlement, and not for sale. A. D. 1803. negroes into VII. And whereas, Thomas Hunt is desirous of bringing into this State, from the Bahama Islands, certain negroes which have been given him by Thomas Hunt his father: Be it therefore enacted by the authority aforesaid, That the permitted to said Thomas Hunt shall be, and he is hereby, permitted, from and after the bring certain passing of this Act, to bring into this State, from the Bahama islands, any this State. number of the said slaves, not exceeding fifty; the said Thomas Hunt, immediately on the arrival of the said negroes in this State, going before one of the associate judges of this State, and making affidavit that the said negroes so brought in, were bona fide the property of the said Thomas Hunt, at the time of the passing of this Act, are negroes of good character, have never been concerned in privateering, and that they are brought in for settlement, and not for sale. State, and not how to be VIII. And be it further enacted by the authority aforesaid, That in all and every case where any negro, mulatto, mestizo, or other person of Negroes com colour, charged with having been brought, imported, or sent, or with ing into this having come or entered into this State, contrary to any law thereof, being claimed and who shall not be claimed by any person, it shall and may be law- by any person, ful to proceed against such negro, mulatto, mestizo, or other person proceeded of colour, by indictment in any court of record, in which the nature of against. the offence shall be stated; and upon a verdict being found in favor of the State, such person or persons shall be forfeited and sold, and the proceeds thereof appropriated as provided by law: And also, that the mode of trial before magistrates and freeholders, prescribed by an Act entitled "An Act to prevent negro slaves and other persons of colour from being brought or entering into this State," passed the twentieth day of December, in the year one thousand eight hundred; and also, by an Act supplementary to the same, be, and the same is hereby, abolished. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and three, and of American Independence the twenty-eighth. JOHN GAILLARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. AN ACT TO PROHIBIT THE IMPORTATION OF SLAVES INTO THIS STATE No. 2107. FROM ANY OF THE UNITED STATES; AND FOR OTHER PURPOSES THEREIN MENTIONED. I. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of No slaves to be the same, That from and after the passing of this Act, no slave, nor any brought into negro, Indian, Moor, mulatto or mestizo, bound to service for life or a term this State. of years, shall be brought into this State from any of the United States, or any of the territories or countries bordering thereon; and if any slave, or any negro, Indian, Moor, mulatto or mestizo, bound to service for a term of years, shall be imported or brought into this State contrary to the true intent and meaning of this Act, such slave or slaves, negro, Indian, Moor, mulatto or mestizo, shall be deemed and taken as a forfeiture to the State, and A. D. 1816. Second offence to be felony. Penalty for purchasing negroes bro't in contrary to this Act, Acts relating to Slaves. one half of whose value shall be paid to the person or persons informing of such importation or bringing in; and the person or persons importing or bringing in such slave, negro, Indian, Moor, mulatto or mestizo, so as aforesaid, shall be liable to be indicted therefor, and upon conviction there. of, shall be fined fifty dollars for every slave, negro, Indian, Moor, mulatto or mestizo, so as aforesaid by him or them imported or brought into this State. Provided, that if any person shall be travelling into or through this State without any intention to reside permanently therein, with not more than two slaves, negroes, Indians, Moors, mulattoes or mestizoes in his possession, and shall, within two days after entering the State, go before some justice of the peace or quorum, and render before him, in writing, the names and description of such two slaves, negroes, Indians, Moors, mulattoes or mestizoes, and make oath that he, she or they, will not sell or attempt to sell the same, or any one of them, within this State, and that he, she or they, will not keep the same within the State longer than twelve months from the time of his having introduced them into the State; then, and in that case, the person or persons so acting, shall not, for bringing such two slaves, negroes, Indians, Moors, mulattoes, or mestizoes, within this State, be subject to the penalties of this Act; unless he, she or they, shall keep the said two slaves, negroes, Indians, Moors, mulattoes or mestizoes, or one of them, within this State for a longer term than one year; or unless he, she or they shall sell or otherwise dispose of the same, or one of them, in this State; in which case, all the penalties in this Act shall attach, as if the said slave or slaves, negro or negroes, Indians, Moors, mulattoes or mesti. zoes, had been originally introduced into this State for the purpose of sale. Provided also, nevertheless, that this Act shall not be construed to prevent any person or persons from passing through this State to any of the sister States or territories, with his, her or their negroes, slave or slaves, Indian, Moor, mulatto or mestizo, who shall have in his, her or their possession, a certificate under the hand and seal of the clerk of the court of the county from which he, she or they shall have removed, which certificate shall contain, as well the number, names and description of the negroes, slave or slaves, Indian, Moor, mulatto or mestizo, intended by him, her or them to be carried through this State, as the place to which he, she or they intend removing and settling; and also, that he, she or they shall, before entering this State with such negro slave or slaves, Indian, Moor, mulatto or mestizo, produce to some acting magistrate of this State, and one of the clerks of the courts of common pleas and sessions, the aforesaid certificate, and shall declare, on oath, before the said magistrate and clerk aforesaid, that it is not his, her or their intention to settle within the limits of this State, and that he, she or they will not sell, barter, exchange, hire, or otherwise permit the said negro slave or slaves, Indian, Moor, mulatto, or mestizo, to remain within the limits of this State for a longer space of time than thirty days. II. And be it further enacted by the authority aforesaid, That any person or persons offending against this Act, upon being convicted of a second offence shall be judicially declared guilty of felony, without the benefit of clergy, and punished as such, III. And be it further enacted by the authority aforesaid, That any person or persons who shall purchase such slave or slaves, negro, Indian, Moor, mulatto or mestizo, so as aforesaid imported or brought into this State, contrary to the true intent and meaning of this Act, knowing that such slave or slaves, negro, Indian, Moor, mulatto or mestizo, was imported or brought into this State so as aforesaid, shall be liable to be indicted Acts relating to Slaves. therefor, and, upon conviction thereof, shall be fined the sum of four hundred dollars for every such slave, negro, Indian, Moor, mulatto or mestizo, purchased by him as aforesaid. IV. And be it further enacted by the authority aforesaid, That it shall A. D. 1816. and may be lawful for any person or persons, either with or without warrant, Negroes may to seize and take into his, her or their possession, any slave or slaves, negro, be seized. Indian, Moor, mulatto or mestizo, which shall be imported or brought into this State contrary to the true intent and meaning of this Act, and to lodge such slave or slaves, negro, Indian, Moor, mulatto or mestizo, in any gaol of this State; and for such purpose, any justice of the peace is hereby authorized, if required, to issue his warrant; and upon application to any one of the judges of this State at chambers, or, if in term time, in open court, for an order of sale of any such slave, negro, Indian, Moor, mulatto or mestizo, so seized as aforesaid, by the party claiming such slave or slaves, or other person or persons so seized as aforesaid, for leave to give security for the safe delivery of such slave or slaves, or other person or persons so seized as aforesaid, to abide the final determination of the court, it shall be at the discretion of the said judge, upon proper affidavit, either to grant such order, or to deliver the said slave or slaves, or other person or persons so seized as aforesaid, to the person or persons charged with bring. ing into this State the said slave or other person or persons so seized as aforesaid, or to any other person claiming property in the said slave, or other person so seized as aforesaid, upon good and proper security, in not less than double the value of the said slave or slaves, or other person or persons so seized as aforesaid, conditioned, that the said slave or slaves, or other person or persons so seized as aforesaid, shall be forthcoming to abide the order of the court before which such person or persons charged with having introduced or brought into this State such slave or slaves, or other person or persons so seized as aforesaid, or with having purchased such slave or slaves, or other person or persons, so seized as aforesaid, may be indicted; and the sheriff of the district making such sale, is hereby directed to pay over the proceeds thereof into the hands of the clerk of the court of sessions and common pleas, there to abide the further order of the said court. Persons accu sed, to prove V. And be it further enacted by the authority aforesaid, That on the trial of the case, if the defendant or defendants shall not prove that he, she or they purchased or otherwise legally acquired the said slave or slaves, themselves negro or negroes, or other person or persons seized as aforesaid, within clear. this State, previous to the passing of this Act, or that the said slave or slaves, or other person or persons so seized as aforesaid, resided in this State at the time and from the time of the passing of this Act, then he, she or they shall be taken and considered guilty of having brought or imported the same into this State contrary to the provisions of this Act; and one half the money arising from said sale shall be paid, by order of the court before which such conviction shall take place, to the person or persons who shall inform of such importation or bringing in, and the other half shall be paid into the treasury of the State; and should a verdict in said trial pass for the defendant or defendants, the amount of said sales shall be paid over to such defendant or defendants; or the said slave or slaves, or other person so seized as aforesaid, if not sold, shall be delivered over to said defendant or defendants. VI. And be it further enacted by the authority aforesaid, That each and every tax collector shall require every person or persons making their tax returns, to take the following oath. A. D. 1817. Oath to be ad Acts relating to Slaves. "I, A B, do solemnly swear, or affirm, (as the case may be,) that I do not ministered by own, nor have I herewith returned, to the best of my knowledge or belief, tax collectors. any slave or slaves brought into or sold in this State against the provisions of an Act entitled "An Act to prohibit the introduction of slaves into this State from any of the United States, and for other purposes therein mentioned," passed in December, eighteen hundred and sixteen." Proviso in favor of purchases made Provided nevertheless, that nothing contained in this Act shall extend to any citizen or citizens of this State, who may have purchased any slave or slaves without the limits of this State, previous to the passing of before the pass this Act, and shall bring into the said State such slave or slaves so purcha sed previous to the passing of this Act, and previous to the fifth day of January next. ing of this Act. In the Senate House, the nineteenth day of December, in the year of 'our Lord one thousand eight hundred and sixteen, and in the forty-first year of the Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOS. BENNETT, Speaker of the House of Representateves. No. 2135. AN ACT TO INCREASE THE PENALTIES WHICH ARE NOW BY LAW IN FLICTED ON PERSONS WHO DEAL OR TRADE WITH NEGRO SLAVES, WHEREAS, it is found by experience, that the penalties heretofore imposed on shop keepers and other traders who deal with negroes without the permission of their owners, are insufficient, and have not answered the ends intended; for remedy whereof, I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and immediately after the passing of this Act, if any shop keeper, trader, or other person, shall, at any time hereafter, by himself or any other person acting for him or her, as his or her clerk, or otherwise, directly or indirectly, buy or purchase from any slave, in any part of this State, any corn, rice, peas, or other grain, bacon, flour, tobacco, indigo, cotton, blades, hay, or any other article whatsoever, or shall otherwise deal, trade or traffic with any slave not having a permit so to deal, trade or traffic, or to sell any such article, from or under the hand of hismaster or owner, or such other person as may have the care and management of such slave, such shop keeper, trader, or other person, shall, for every such offence, forfeit a sum not exceeding one thousand dollars, and imprisonment not exceeding a term of twelve months, nor less than one month. II. And be it further enacted by the authority aforesaid, That where any person shall purchase of any slave any article whatsoever, he shall retain in his possession the permit which such slave has produced; and that whenever any person shall be charged with having trafficked with a slave contrary to law, it shall be the duty of such person to produce the permit and to prove its authenticity; and in default of producing the permit and of proving its authenticity, such person shall be liable to the |