1892-(17) Sec. 1. Negroes not § 26. It shall not be lawful for any free negro or mulatto, either directly or indirectly, to retail any kind of spirituous liquors within this to retail spi- state. rits. Ib. Sec. 2. Tb. Sec. 3. offence. § 27. Any free negro or mulatto, who shall directly or indirectly violate the provisions of this act, shall forfeit and pay the sum of ten dollars for every such offence; recoverable before any court having competent jurisdiction of the same, one half to the informer, and the other half to be paid into the county treasury. § 28. Any free negro or mulatto, who shall violate the provisions for a second of this act, after having been once convicted and fined, shall, in addition to the fine imposed by this act, receive for every such offence, such corporal punishment on his or her bare back, not exceeding twenty-five stripes, as may be ordered by the court trying the same: Provided, that this act shall not affect any free negro, mulatto, or other person, who by the treaty between the United States and Spain, be came a citizen of the United States, or the descendants of any such person. 1826-(3) Preamble. Sec. 1. Trading with slaves, with out their owner's leave, indict able. Penalty. 1832-(8) of color for ty-nine lash es. Not depart. twenty days Whereas, great injury and inconvenience are experienced by the citizens of many cities, towns, and neighborhoods, in the state of Alabama, in consequence of the illicit trade and traffic which is encouraged and carried on, by many evil disposed persons, with the slave population; for remedy whereof, § 29. Be it enacted, &c. That no person whatsoever shall buy, sell, or receive of, to, or from, any slave or slaves, any commodity of any kind or description whatsoever, without the leave or consent of the master, owner, or overseer of such slave or slaves in writing, expressing the articles permitted to be bought, sold, or bartered; or unless the master, owner or overseer of any such slave or slaves, shall personally authorize the same; and if any person or persons shall buy from, or sell to, or deal, or trade or barter with, any slave or slaves, without such consent and permission previously had, given, or obtained, he, she, or they so offending, shall be subject to indictment; and upon conviction, shall be fined not less than ten dollars, nor more than one hundred dollars, and imprisoned in the common jail of the county, not less than five days, nor more than six months, at the discretion of the jury by whom the indictment is tried, who may inflict one or both of the aforesaid penalties. §30. From and after the first day of February next, it shall not be lawful for any free person of color to settle within the limits of this state; and should any free person of color, after that time, settle in this state, he, she, or they shall, on notice of this act, depart within thirty days, or shall be liable, on conviction before any justice of the peace, to receive thirty-nine lashes; and any person may arrest any such free person of color, and take him or her before any justice of the peace for trial; and if any such free person of color shall not depart this ing within state within twenty days after the infliction of the punishment last after punish- mentioned, he or she shall be liable to be arrested by any person, and ment, to be be taken before a justice of the peace for trial, and on conviction by slave for one such justice, shall be ordered to be sold as a slave for the term of one year for ready money, ten days' notice being given of the time of sale. one half of which, after paying all the expenses of the prosecution, how applied. (which shall be to the justice one dollar, the constable two dollars for summoning the witnesses, attending the trial, and selling the said free person of color, and fifty cents a day for each day he may keep such person of color, and fifty cents per day for each witness who may attend the trial,) shall be paid to the informer, and the other half to the state. And if any free person of color shall not depart this state within sold as a year. Proceeds, sold as a twenty days after the expiration of said year, he or she shall forfeit Remaining his or her freedom; and upon conviction thereof before any circuit still, may be court of this state, shall, by order of said court, be sold to the highest slave for life. bidder, and the proceeds of the sale of said free negro so forfeiting his or her freedom, shall go, one half to the informer, and the other half to the state. Penalty for attempting slave, &c., to read, &c. ting pass or § 31. Any person or persons who shall attempt to teach any free b. Sec. 10. person of color, or slave, to spell, read, or write, shall, conviction upon thereof by indictment, be fined in a sum not less than two hundred to teach and fifty dollars, nor more than five hundred dollars. §32. Any free person of color who shall write for any slave, a pass Ib. Sec. 11. or free-paper, on conviction thereof, shall receive for every such of- en on free person of fence, thirty-nine lashes on the bare back, and leave the state of Ala- color for wribama within thirty days thereafter; and should he or she again return free-paper for to the state of Alabama, or be found within the same after the time slave. above limited for his or her departure, on conviction of violating this provision of the law, he or she shall forfeit his or her liberty, and be sold as a slave for the term of ten years, by order of any two justices of the peace, before whom he or she may be taken and convicted, ten days' previous notice being given of the time and place of sale: one half of the proceeds of said sale, after paying one dollar each to said justices, and two dollars to the constable for attending the trial, and selling said free person of color, together with all other costs that may accrue, shall be paid to the use of the informer, and the other half to the use of the state. slave for wri free paper for § 33. Any slave who shall write for any other slave, any pass or b. Sec. 12. free-paper, upon conviction, shall receive, on his or her bare back, fifty- Penalty on lashes for the first offence, and one hundred for every offence there- ting pass or after, by order of any justice of the peace before whom he or she may gave be convicted; and on every conviction, the owner of said slave shall pay one dollar to the justice of the peace, and two dollars to the constable for attending the trial and whipping the slave, together with all other costs that may lawfully accrue; and any persons may arrest any slave so offending, and take him or her before any justice of the peace for trial. b. Sec. 14. Penalty on free negroes, persons of color, for §34. If any free negro or person of color shall buy of any slave, or sell to any slave, any article or commodity whatsoever, without a written permission from the master, owner, or overseer of said slave, or designating the article so to be bought or sold, said free negro or per- trading with son of color, upon conviction thereof, before any magistrate of the slaves. County where such offence shall be committed, shall receive on his or her bare back, thirty-nine lashes well laid on. of color for sociate with 35. If any free negro or person of color shall be found in compa- . Sec. 15. ny with any slaves in any kitchen, out-house, or negro-quarter, with - Free, persons out a written permission from the owner, master, or overseer of said bidden to asslaves, said free negro or person of color shall, for the first offence, re- slaves. ceive fifteen lashes, and for every subsequent offence, thirty-nine lashes, on his or her bare back, which may be inflicted by said mas- The punishter, owner, or overseer, or by any officer or member of any patrol ment. company who may find said free negro or person of color, in any kitchen, out-house, or negro-quarter, associating with slaves without such written permission. Same pun § 36. If any slave, without a written permission of the master, Ib. Sec. 16. owner, or overseer of said slave, shall be found in company with a ishment if free negro or person of color, in the dwelling-house or outhouse of said slave be free negro or person of color, said free negro or person of color shall house of free found at the person of color. Ib. Sec. 17. More than five male slaves an unlawful assembly. Ib. Sec. 18. semblies to by patrols and other officers. receive the same punishment, in the same manner, as is prescribed by the provisions of the fifteenth section of this act. § 37. It shall not be lawful for more than five male slaves, either with or without passes, to assemble together at any place off the proper plantation to which they belong; and if any slaves do so assemble together, the same shall be deemed an unlawful assembly. § 38. It shall be the duty of all patrols and officers, civil and miliUnlawful as tary, forthwith to cause said slaves so assembled, to disperse; and be dispersed each of said slaves so assembled, shall be liable to receive any number of lashes, not exceeding ten: and any slave who may once be punished for attending such unlawful assembly, and shall again offend The punish herein, shall be liable to be punished at the discretion of any magis trate before whom he may be carried for trial, by stripes not exceed ing thirty-nine. ment. Ib. Sec. 19. Certain as ful. § 39. The provisions of this act shall not apply to any assemblage semblies law of slaves, attended by the master, owner, or overseer of such slaves. § 40. Nothing in this act shall be so construed, as to prevent free Slaves, &c., persons of color and slaves from attending places of public worship public wor- held by white persons. Ib. Sec. 92. may attend ship. Ib. Sec. 23. § 41. Nothing in the provisions of the seventeenth section of this Explanation act shall be so construed, as to debar the master or owner of slaves of 17th sec. from sending to his neighbor or neighbors any slave or slaves unaccompanied by master, owner, or overseer, for the purpose of assisting him or them to labor. tion. Tb. Sec. 24. to, or exhort cept in pre § 42. If any slave or free person of color shall preach to, exhort, or color forbid. harangue any slave or slaves, or free persons of color, unless in the den to preach presence of five respectable slave-holders, any such slave or free perother persons son of color so offending, shall, on conviction before any justice of the of color, ex- peace, receive, by order of said justice of the peace, thirty-nine lashes sence of five for the first offence, and fifty lashes for every offence thereafter; and any person may arrest any such slave or free person of color, and take Punishment. him before a justice of the peace for trial: Provided, That the negroes so haranguing or preaching, shall be licensed thereto, by some regular body of professing Christians immediately in the neighborhood, and to whose society or church such negro shall properly belong. slave-hold ers. Proviso. 1815-(2) Slaves im laws of the SLAVE TRADE. § 1. ANY slave or slaves brought or imported into this territory, conported con- trary to the laws of the United States, in such case made and provid trary to the ed, shall be condemned by any superior court of this territory, within U.S., to be whose jurisdiction the said slave or slaves shall be brought or be seizcondemned ed, upon libel filed in the said court; and shall be sold by the proper officer of the court to the highest bidder, at public auction, for ready money, after advertising the time and place of such sale, in some newspaper in this territory, at least fifteen days previous thereto. and sold. Proceeds to go to the treasury, col customs, and informer. § 2. The residue of the money arising from the sale, after deducting the costs of suit, shall be paid, one half to the collector of the lector of the customs within whose district the said slave or slaves shall have been seized, and the other half into the territorial treasury. But in case there shall have been an informer, one half of the amount directed to be paid to the collector of the district, shall accrue and belong to said a But see § 8 informer.a & 9. 1823-(3) Sec. 1. §3. The governor of this state is authorized and required to appoint some suitable person, as the agent of the state, to receive all and every slave or slaves, or persons of color, who may have been brought into Governor to this state in violation of the laws of the United States, prohibiting the appoint an slave trade: Provided, That the authority of the said agent is not to ceive slaves. extend to slaves who have been condemned and sold. agent to re Agent re 4. The governor is required to take such bond or bonds from the Ib. Sec. 2. said agent or other person, into whose possession the said slaves may qued to be placed, in such amount, and with such conditions, as he may deem give bond. necessary to ensure their safe keeping and proper treatment. 5. The said slaves, when placed in the possession of the state as Ib. Sec. 3. aforesaid, shall be employed on such public work or works, as shall Slaves to be be deemed by the governor of most value and utility to the public in- public works. terest. employed on Their main § 6. Such part of the said slaves shall be hired out as will be suffi- b. Sec. 4. cient to defray the expenditures necessary to the maintenance and sup- tenance. port of those employed on the public works as aforesaid. posed of af § 7. In all cases in which a decree of any court having competent b. Sec. 5. authority, shall be in favor of any claimant or claimants, the said How dis slaves shall be truly and faithfully, by said agent, delivered to such ter decree. claimant or claimants; but in case of their condemnation, they shall be sold by such agent for cash to the highest bidder, by giving sixty days' notice in a newspaper, printed at Cahawba, Mobile, Tuscaloosa, Huntsville, and Florence. § 8. The money arising from such sale or sales, shall be paid into the treasury of the state, except one-fourth thereof, which shall be paid to the informer, if there be one. . Sec. 6. paid into the Proceeds treasury. powered to § 9. No informer shall be entitled to receive any part of the money b. Sec. 7. arising from any such sales, except by virtue of the decree of the Judge emjudge of the circuit court of the county into which such slave or slaves decide on may have been first brought; and the circuit judges of this state are claims of inexpressly authorized to try and decide all conflicting claims set up by formers. informers in relation to said slaves. conflicting § 10. It shall be the duty of the said agent to ask for, and demand b. Sec. 8. said slave or slaves of any person or persons in whose possession Agent to des they may be found. mand slaves. STOCK—of the State of Alabama. assignable by § 1. THE certificates of stock created in obtaining loans for the use 1833—(8) of the state in pursuance of any of the laws heretofore passed for that State stock purpose, and of all stock which may hereafter be created by the state, endorsement. shall be assignable by endorsement made by the legal holder thereof, or by transfer in a book or books of the bank of the state of Alabama, made by the legal holder, or his attorney authorized by power duly authentiated; and it shall be the duty of the president and directors of said bank, to cause books to be kept for the purpose aforesaid; wherein also shall be kept an account of the said stock, and of all payments of principal and interest thereon, and of renewed certificates of stock, that may be issued in virtue of this act. renewing lost certifi. 2. In case any of the said certificates shall be lost or destroyed, Manner of the same may be renewed in the manner following, to wit: proof of uch loss or destruction, and an affidavit declaring the property therein cate. o be bona fide in the applicant for renewal, shall be made before a udge of the circuit court of this state, or of any state of the United States, or before a judge of the supreme or any district court of the United States, which proof shall be certified by such judge, together Renewal for assignee, ted. with his opinion that the same is satisfactory; and the legal proprie tor of the lost or destroyed certificate shall execute a release of his interest therein, in consideration of a new certificate of stock, to be issued for the same amount and with like effect; which release shall be filed and recorded in a book kept for that purpose by the treasurer of the state; and it shall also appear that notice of the intended application shall have been given in a public newspaper in the state where the loan may be effected, for three months immediately before application for a renewed certificate shall be made; whereupon it shall be the duty of the governor of this state for the time being, the comptroller, treasurer, and president of the bank aforesaid, to issue new certificates of stock, in lieu of those which may be lost or destroyed; which renewed certificates shall express on their face, a description of the ori ginal, and that the same have issued in lieu of such original: and renewed certificates of stock so issued, shall be equally valid, and shall be assignable in like manner as the original certificates, in lieu of which they shall have issued. § 3. No renewed certificate of stock shall be granted, in favor of an how regula. assignee of a lost or destroyed certificate, unless he appear to be such assignee by transfer in the books kept at the Bank of the State of Alabama, conformably to the requisitions of the first section of this act; or in case the assignment be by endorsement, unless such endorsement shall have been duly attested by the cashier of some specie-paying bank of the state where the loan may be effected; whereby in every case it shall be manifest that the person applying is the proper assignee; nor shall any payment of principal or interest be made to any assignee of a certificate of stock, unless such person appear to be the assignee in the manner provided by this act. Repeal. Proviso. § 4. All laws heretofore passed in relation to the transfer, and renewal of certificates of stock, are hereby repealed: Provided, That twelve months be allowed for the promulgation of this law in the other states, and that any proceedings which may be had in any other state, within twelve months next after the passage hereof, under the laws or any of them in force up to the time of the passage of this act, shall be as valid as if this act had not passed. 1820-(30) Strays taken up to be reported to some justice of the peace. summon appraisers, STRAYS. § 1. EVERY person who shall take up a stray, which shall be found on his plantation or land, shall forthwith give information thereof to some justice of the peace for the county, and make oath before said justice, that the same was taken up at his or her plantation or place of residence, or his or her land adjoining the same, and that the marks or Justice shall brands have not been defaced or altered since the taking up; and thereupon the said justice shall issue his summons to two disinterested householders of the neighborhood, commanding them, after being duly sworn, to value and appraise the same without partiality, favor, or al fection, and certify the valuation under their hands, together with a and certify particular description of the kind, marks, brands, stature, color, and praisement age; which certificate shall be attested by the justice, and transmitted to the clerk by him to the clerk of the county court within ten days thereafter, to of the county be by such clerk entered in a book to be kept for that purpose, for Several which the justice and clerk shall each receive fifty cents, to be paid by included in the taker up: Provided, That if two or more strays of the same spe the same en cies are taken up by the same person at the same time, they shall be their ap court. strays may be try. BOD |
