containing a description of the runaway, with any other circumstances deemed material, the postage whereof shall be paid by the Fees to be abated jailor, and charged with other expenses. And if any jailor shall for failure. Free negroes and ing in state con sold. fail herein, it shall be lawful for the court of his county or corpora- CHAP. 185.-An ACT to amend the act, entitled, "an act to punish arson, the burning or setting fire to houses in towns, the malicious burning any house or houses, or stacks, and certain house-breakers, and accessories to felonies, and receivers of stolen goods.' (Passed February 12th, 1829.) 1. Be it enacted by the general assembly, That if any slave shall be guilty of either of the offences mentioned in the sixth section of the act to which this is an amendment, and injury shall thereby have been sustained by any person to the value of fifty dollars, every such slave being thereof convicted, shall be deprived of the benefit of clergy.(a) 2. And be it further enacted, That every slave convicted under the fifth section of the said act, if the injury done by the offence of which he or she may have been convicted, shall not exceed the value of fifty dollars, shall be entitled to the benefit of clergy.(b) 3. And be it further enacted, That if any slave shall be guilty of either of the offences mentioned in the ninth section of the said act, he or she shall be punished by order of any justice of the peace, by stripes, not exceeding thirty-nine; and shall be proceeded against in the same manner as for larceny under the value of twenty dollars.(c) 4. This act shall be in force from its passage. CHAP. 186.-An ACT to amend the act concerning slaves, free negroes and mulattoes.t (Passed April 7th, 1831.) 1. Be it enacted by the general assembly, That all free negroes mulattoes remain- and mulattoes, who shall be convicted of remaining in this commontrary to law, to be wealth contrary to law, and who shall become liable to be sold according to the provisions of former laws and of this act, shall be publicly sold by the sheriff or sergeant, at the front door of the Notice of sale re- courthouse of the county or corporation, on a court day, in pursuance of notice of such sale, posted at such courthouse door, at the court held in the preceding month. (a) quired. (c) See ante. ch. 175, note (a); also, ch. 177. Acts 1828-9, ch. 22, p. 26. (a) Altered from 1 Rev. Code 1819, ch. 160, § 6, p. 588; the section in the revised act punishes the wilful and malicious burning or setting fire to stacks of wheat, hay, &c., and this section requires that they should be of a certain value. (b) Ibid. § 5; the section referred to punishes the wilful burning or setting fire to barns, stables, &c. (c) Ibid. § 9, p. 589; this section punishes receivers of stolen goods, bank notes, bonds, &c. See acts 1831-2, ch. 22, § 10; receivers of stolen goods guilty of larceny; post. ch. 187, § 10. + Acts 1830-31, ch. 39, p. 107. (a) Former laws, acts 1826-7, ch. 26, § 7, 8, p. 25; ante. ch. 182; 1 Rev. Code 1819, ch. 111, § 61, p. 436. A such prosecutions 2. Be it further enacted, That the several superior courts of law, Jurisdiction in as well as the county and corporation courts, shall have jurisdiction given to superior of all prosecutions against free negroes and mulattoes, offending in as well as county manner aforesaid, and may try and determine the same according to law. courts. free negroes, &c. 3. Be it further enacted, That it shall be the duty of all com- Commissioners of missioners of the public revenue, once in every year, to present to revenue to present the grand juries of the several courts aforesaid, a list of all free ne- so remaining in groes and mulattoes, who, in the opinion of such commissioners, may have remained within the commonwealth, contrary to law, upwards of twelve months from the time of their emancipation. (b) state. groes, &c. reading bited. warrant to appre 4. Be it further enacted, That all meetings of free negroes or Meetings for mulattoes, at any school-house, church, meeting-house or other teaching free neplace for teaching them reading or writing, either in the day or or writing, probinight, under whatsoever pretext, shall be deemed and considered as an unlawful assembly; and any justice of the county or corporation, Justice to issue wherein such assemblage shall be, either from his own knowledge, hend and disperse or on the information of others, of such unlawful assemblage or such persons. meeting, shall issue his warrant, directed to any sworn officer or officers, authorizing him or them, to enter the house or houses where such unlawful assemblage or meeting may be, for the purpose of apprehending or dispersing such free negroes or mulattoes, and to inflict corporal punishment on the offender or offenders, at Punishment. the discretion of any justice of the peace, not exceeding twenty lashes.(c) persons for assem 5. Be it further enacted, That if any white person or persons Penalty on white assemble with free negroes or mulattoes, at any school-house, bling with free nechurch, meeting-house, or other place for the purpose of instructing groes to instruct them in reading such free negroes or mulattoes to read or write, such person or per- and writing. sons shall, on conviction thereof, be fined in a sum not exceeding fifty dollars, and moreover may be imprisoned at the discretion of a jury, not exceeding two months.(d) 6. Be it further enacted, That if any white person, for pay or Penalty on white compensation, shall assemble with any slaves for the purpose of persons for teaching slaves reading teaching, and shall teach any slave to read or write, such person, or writing for pay. or any white person or persons contracting with such teacher so to act, who shall offend as aforesaid, shall, for each offence, be fined at the discretion of a jury, in a sum not less than ten, nor exceeding one hundred dollars, to be recovered on an information or indict ment. charge to the 7. The judges of the superior courts of law, and the attorneys Act to be given in prosecuting for the commonwealth, in the county and corporation grand juries. courts, are hereby required to give this act in charge to their several grand juries. 8. This act shall be in force from the first day of June next. (b) Grand juries heretofore were to make the presentments, ante. ch. 182, § 8. (d) Heretofore white persons were punished for being present at unlawful Commencement. Preaching at any time by slaves, prohibited. Punishment on CHAP. 187.-An ACT to amend an act, entitled, "an act reducing into one the several acts concerning slaves, free negroes and mulattoes, and for other purposes. [Passed March 15th, 1832.] 1. Be it enacted by the general assembly, That no slave, free free negroes, &c. negro or mulatto, whether he shall have been ordained or licensed, or otherwise, shall hereafter undertake to preach, exhort or conduct, or hold any assembly or meeting, for religious or other purposes, either in the day time or at night; and any slave, free negro or offenders. mulatto, so offending, shall for every such offence, be punished with stripes, at the discretion of any justice of the peace, not exceeding How apprehended. thirty-nine lashes; and any person desiring so to do, shall have authority, without any previous written precept or otherwise, to apprehend any such offender and carry him before such justice. (a) Slaves, &c. prohibited from attending such preaching. Or preaching by white ministers, at night, without written permis sion. White persons may carry slaves, conducted by 2. Any slave, free negro or mulatto, who shall hereafter attend any preaching, meeting or other assembly, held or pretended to be held for religious purposes, or other instruction, conducted by any slave, free negro or mulatto preacher, ordained or otherwise; and any slave who shall hereafter attend any preaching in the night time, although conducted by a white minister, without a written permission from his or her owner, overseer or master or agent of either of them, shall be punished by stripes at the discretion of any How apprehended. justice of the peace, not exceeding thirty-nine lashes; and may for that purpose be apprehended by any person, without any written or other precept: Provided, That nothing herein contained shall be free negroes, &c. So construed, as to prevent the masters or owners of slaves, or any to attend worship white person to whom any free negro or mulatto is bound, or in white ministers at whose employment, or on whose plantation or lot such free negro night. or mulatto lives, from carrying or permitting any such slave, free negro or mulatto, to go with him, her or them, or with any part of his, her or their white family to any place of religious worship, conWho may afford ducted by a white minister, in the night time: And provided, also, slaves, &c. rel. That nothing in this or any former law, shall be so construed as to prevent any ordained or licensed white minister of the gospel, or any layman licensed for that purpose by the denomination to which he may belong, from preaching or giving religious instruction to slaves, free negroes and mulattoes in the day time; nor to deprive any masters or owners of slaves of the right to engage or employ any free white person whom they may think proper, to give religious instruction to their slaves; nor to prevent the assembling of the slaves of any one owner or master together, at any time for religious for religious devo- devotion.(a) gicus instruction. Slaves of one owner permitted to meet together tion. When free ne property in slaves. 3. No free negro or mulatto shall hereafter be capable of purgroes may acquire chasing or otherwise acquiring permanent ownership, except by descent, to any slave, other than his or her husband, wife or children; and all contracts for any such purchase are hereby declared to be null and void. Free negroes not or ammunition. Such articles to be forfeited, and 4. No free negro or mulatto shall be suffered to keep or carry any to keep weapons firelock of any kind, any military weapon, or any powder or lead; and any free negro or mulatto who shall so offend, shall, on convicoffender punished. tion before a justice of the peace, forfeit all such arms and ammunition to the use of the informer; and shall moreover be punished with stripes, at the discretion of the justice, not exceeding thirty 66 fore granted to use nine lashes. And the proviso to the seventh section of the act, en- Permission heretotitled, an act reducing into one the several acts concerning slaves, such articles, refree negroes and mulattoes," passed the second day of March, one pealed. thousand eight hundred and nineteen, authorizing justices of the peace, in certain cases, to permit slaves to keep and use guns or other weapons, powder and shot; and so much of the eighth section of the said recited act as authorizes the county and corporation courts to grant licenses to free negroes and mulattoes to keep or carry any firelock of any kind, any military weapon, or any powder or lead, shall be, and the same are hereby repealed.(b) groes, &c. not to any public assem 5. No slave, free negro or mulatto, shall hereafter be permitted Slaves, free neto sell, give or otherwise dispose of any ardent or spirituous liquor sell or give spirituat or within one mile of any muster, preaching or other public as- ous liquors near sembly of black or white persons; and any slave, free negro or mu- bly. latto so offending, shall be punished by stripes, at the discretion of Punishment for a justice of the peace, not exceeding thirty-nine.(c) such offence. saulting and beat with intent to kill. 6. If any slave, free negro or mulatto, shall hereafter wilfully and Punishment for asmaliciously assault and beat any white person, with intention in so ing white person, doing to kill such white person; every such slave, free negro or mulatto so offending, and being thereof lawfully convicted, shall be adjudged and deemed guilty of felony, and shall suffer death without benefit of clergy.(d) slaves, &c. for insurrection, or 7. If any person shall hereafter write, print, or cause to be written Punishment on or printed any book, pamphlet or other writing, advising persons of writing or printing colour within this state to make insurrection, or to rebel, or shall any thing advising knowingly circulate, or cause to be circulated, any book, pamphlet circulating same. or other writing, written or printed, advising persons of colour in this commonwealth to commit insurrection or rebellion; such person, if a slave, free negro or mulatto, shall, on conviction before any justice of the peace, be punished for the first offence with stripes, at the discretion of the said justice, not exceeding thirty-nine lashes; and for the second offence, shall be deemed guilty of felony, and on due conviction, shall be punished with death without the benefit of clergy; and if the person so offending be a white person, he or she Penalty on white shall be punished on conviction, in a sum not less than one hundred persons for same nor more than one thousand dollars.(e) offence. passes and sedi free us speeches, by negroes, how 8. Riots, routs, unlawful assemblies, trespasses and seditious Riots, &c. tresspeeches, by free negroes or mulattoes, shall hereafter be punished with stripes, in the same mode, and to the same extent, as slaves are directed to be punished by the twelfth section of the before recited act.(f) punished. committed by free 9. If any free negro or mulatto shall hereafter commit simple lar- Simple larceny ceny of any money, bank note, goods, chattels, or other thing of the negroes, how tried value of twenty dollars or less, he or she, for every such offence, and punished. shall be tried and punished in the same manner as slaves are directed to be tried and punished by the fifth section of the act, entitled, an act concerning the trial and punishment of slaves, free negroes (b) 1 Rev. Code 1819, ch. 111, § 7, 8, p. 423. (c) Acts 1831-2, ch. 24, § 2, 4, 5, 6, pp. 24, 25; provisions relative to the buying and selling articles from or to slaves, and particularly buying and selling vinous or spirituous liquours enlarged and extended; post. ch. 188. (d) See acts 1822-3, ch. 33, p. 36; ante. ch. 176, note to the title. (e) 1 Rev. Code 1819, ch. 111, § 23, 24, p. 427. (f) Ibid. § 12, p. 423. Receivers of sto Jarceny. How punished. and mulattoes in certain cases," passed the twelfth day of February, one thousand eight hundred and twenty-eight.(g) 10. If any white person, free negro or mulatto, shall hereafter len goods guilty of receive from any slave, free negro or mulatto, any stolen goods, knowing the said goods to have been stolen, he or she shall be adjudged guilty of larceny of the said goods, and punished in the same manner, and to the same extent, as if the receiver had actually stolen the said goods; but nothing herein contained shall be so construed as to prevent the prosecution, conviction and punishment of the person who actually shall have stolen them, as heretofore.(h) Mode of prosecu tion, trial, convic tion and punish ment of free ne groes. For homicide, what. Prosecution for offences prior to act, not barred. Act to be given in charge to grand juries of superior Duty of commonwealth's attornies, 11. Free negroes and mulattoes shall hereafter be prosecuted, tried, convicted and punished for any felony, by justices of oyer and terminer, in the same manner as slaves are now prosecuted, tried, convicted and punished: and any court summoned or adjourned for such trial, shall have and exercise all the powers and incidents of a court summoned or adjourned for the trial of a slave, except that in cases of homicide, and in cases where the punishment shall be death, the mode of trial shall remain as heretofore.(i) 12. Nothing in this act contained shall be so construed as to bar or conclude any prosecution for any offence committed previously to this act going into operation, but the same shall be so conducted, decided and executed, as if this act had never passed. 13. It shall be the duty of the several judges of this commonwealth, and presiding justices of the county and corporation courts, and inferior courts. constantly to give this act in charge to the grand juries; and it is moreover made the duty of all attornies prosecuting for the commonwealth in any court therein, who may know of, or have good reason to suspect any violation of this act, to lodge information thereof before the proper court or grand jury, and to institute forthwith the proper prosecution for his or her conviction. Commencement. Preamble. 14. This act shall commence and be in force from and after the first day of July next. CHAP. 188.-An ACT concerning the county of Northampton.* Whereas from a representation made to this general assembly by the people of Northampton county, it satisfactorily appears that it is absolutely necessary, not only to the correct government of their slaves, but also to the peace and safety of their society, that the free people of colour should be promptly removed from that county; and also, in order to effect their removal in a manner as humane and as little oppressive as possible, the people of the said county, assembled in public meetings, have appointed a committee, with authority to borrow a sum of money not exceeding fifteen thousand dollars, to be reimbursed by an annual tax to be levied on the people thereof: and whereas the said people have petitioned this present general assembly for the passage of such laws as may be necessary to carry into effect the purposes and resolutions of said meetings, so far as the same may form proper subjects of public legislation: (g) Acts 1827-8, ch. 37, § 5, p. 30; ante. ch. 183, § 5. Acts 1831-2, ch. 23, p. 23. This act, though applicable to one county only, is deemed sufficiently important, (as affecting the general policy of the state,) to be inserted among the acts of a public nature. |