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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 Stil may be
sold as a 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. $31. Any person or persons who shall attempt to teach any free fb. Sec. 10.
orion Penalty for person of color, or slave, to spell, read, or write, shall, upon conviction at
attempting thereof by indictment, be fined in a sum not less than two hundred to teach
slave, &c., to and fifty dollars, nor more than five hundred dollars.
read, &c. $32. Any free person of color who shall write for any slave, a pass Ib. Sec. 11.
of Penalty on or free-paper, on conviction thereof, shall receive for every such of- free person or fence, thirty-nine lashes on the bare back, and leave the state of Ala-color for wri
ting pass or bama 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 forseit 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.
33. Any slave who shall write for any other slave, any pass or 1). Scc. 12. free-paper, upon conviction, shall receive, on his or her bare back, fifty Penalty, om.
slave for wri. lashes for the first offence, and one hundred for every offence there-ting pass or
free paper for after, by order of any justice of the peace before whom he or she may 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.
$ 34. If any free negro or person of color shall buy of any slave, or sb. Scc. 14. sell to any slave, any article or commodity whatsoever, without a free anyone written permission from the master, owner, or overseer of said slave, or persons of lesignating the article so to be bought or sold, said free negro or per-trading with on of color, upon conviction thereof, before any magistrate of the slaves. ounty where such offence shall be committed, shall receive on his or er bare back, thirty-nine lashes well laid on.
$35. If any free negro or person of color shall be found in compa- 1b. Sec. 15. y with any slaves in any kitchen, out-house, or negro-quarter, with- Free persons It a written permission from the owner, master, or overseer of said bidden to asaves, said free negro or person of color shall, for the first offence, re
slaves. ive fifteen lashes, and for every subsequent offence, thirty-nine shes, on his or her bare back, which may be inflicted by said mas- The punishT, owner, or overseer, or by any officer or member of any patrol ment. mpany who may find said free negro or person of color, in any tchen, out-house, or negro-quarter, associating with slaves without ch written permission.
36. If any slave, without a written permission of the master, Ib. Sec. 16. ner, or overseer of said slave, shall be found in company with a Same pun: e negro or person of color, in the dwelling-house or outhouse of said slave be
found at the e negro or person of color, said.free negro or person of color shall |
house of free person of
More than five male
receive the same punishment, in the same manner, as is prescribed by
the provisions of the fifteenth section of this act. Ib. Sec. 17. 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 proslaves an per plantation to which they belong; and if any slaves do so assemble unlawful as.
as together, the same shall be deemed an unlawful assembly. sembly. Ib. Sec. 18. § 38. It shall be the duty of all patrols and officers, civil and miliUnlawful as tary, forth with to cause said slaves so assembled, to disperse; and semblies to be dispersed each of said slaves so assembled, shall be liable to receive any number by patrols of lashes, not exceeding ten : and any slave who may once be pun
ished for attending such unlawful assembly, and shall again offend The panish. 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. Ib. Sec. 19.
§ 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 I. Sec. 92. Slaves, &c, persons of color and slaves from attending places of public worship may attend public wor: held by white persons.
a $ 41. Nothing in the provisions of the seventeenth section of this Ib. Soc. 23. 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 unac
companied by master, owner, or overseer, for the purpose of assisting
him or them to labor. Id. Sec. 24. § 42. If any slave or free person of color shall preach to, exhort, or Persons of 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 perto, or exhort ! other persons son of color so offending, shall, on conviction before any justice of the
Colore 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 Proviso.
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- any person may
1815—(2) § 1. Any slave or slaves brought or imported into this territory, conputres contrary to the laws of the United States, in such case made and providirary to the ed, shall be condemned by any superior court of this territory, within Jaws of the 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 and sold.
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. Proceeds to $ 2. The residue of the money arising from the sale, after deduetgo to the freasury, col. ing 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 customs, and informer.“"" 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 1823—(3) $ 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. $4. The governor is required to take such bond or bonds from the Ib. Sec. 2.
Agent resaid agent or other person, into whose possession the said slaves may qui
quired 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. 65. The said slaves, when placed in the possession of the state as 10. Sec. 3.
Slaves to be aforesaid, shall be employed on such public work or works, as shall Slo
employed on be deemed by the governor of most value and utility to the public in- public works. terest.
9 6. Such part of the said slaves shall be hired out as will be suffi- 1b. Sec. 4. cient to defray the expenditures necessary to the maintenance and support of those employed on the public works as aforesaid.
$7. In all cases in which a decree of any court having competent 1b. Sec. 5. authority, shall be in favor of any claimant or claimants, the said to 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.
68. The money arising from such sale or sales, shall be paid into 1b. Scc. 6. the treasury of the state, except one-fourth thereof, which shall be paid Proceeds. to the informer, if there be one.
treasury. 5 9. No informer shall be entitled to receive any part of the money 16. Sec. 7. arising from any such sales, except by virtue of the decree of the adgremo judge 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 a
claims of in. expressly authorized to try and decide all conflicting claims set up by formers. informers in relation to said slaves.
$ 10. It shall be the duty of the said agent to ask for, and demand ib. Sec. 8. said slave or slaves of any person or persons in whose possession and slaves. they may be found.
STOCK-OF THE STATE OF ALABAMA.
61. 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
assiguable by purpose, and of all stock which may hereafter be created by the state, endorsement. thall be assignable by endorsement made by the legal holder thereof, or py transfer in a book or books of the bank of the state of Alabama, made y the legal holder, or his attorney authorized by power duly authentiated; and it shall be the duty of the president and directors of said lank, to cause books to be kept for the purpose aforesaid ; wherein also hall be kept an account of the said stock, and of all payments of prin. ipal and interest thereon, and of renewed certificates of stock, that way be issued in virtue of this act.
$ 2. In case any of the said certificates shall be lost or destroyed, Manner of le same may be renewed in the manner following, to wit: proof of fenewing och loss or destruction, and an affidavit declaring the property therein cate.
be bona fide in the applicant for renewal, shall be made before a idge of the circuit court of this state, or of any state of the United tates, or before a judge of the supreme or any district court of the nited States, which proof shall be certified by such judge, together
with his opinion that the same is satisfactory; and the legal proprietor 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. Renewal for $3. No renewed certificate of stock shall be granted, in favor of an assignee... 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-paring 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.
4. All laws heretofore passed in relation to the transfer, and reProviso. newal 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.
summon ap praisers,
1990–(30) § 1. EVERY person who shall take up a stray, which shall be found Strays taken on his plantation or land, shall forth with give information thereof to ported to some justice of the peace for the county, and make oath before said some justice
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
Pe 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 af
fection, and certify the valuation under their hands, together with a and certify particular description of the kind, marks, brands, stature, color, and their ap
age ; which certificate shall be attested by the justice, and transmitted praisement 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
make the taker up: Provided, That if two or more strays of the same spethe same ea, cies are taken up by the same person at the same time, they shall be
strays may be
included in the same entry, and one advertisement, and the justice and the clerk shall receive no more fees than for one of such strays.
$ 2. When any stray as aforesaid shall be found dead, or shall have Death or es. escaped, the taker up shall, without delay, make report thereof to the cape of strays
to be report. clerk on oath, who shall make a memorandum of the same in the mar- ed. gin of his book where the certificate of such stray was registered, and the taker up shall not be answerable for the same, nor shall the taker up be liable for using said stray : Provided, The same shall not have been abused.
$ 3. When any stray shall be proved away, and the owner and the Expenses of taker up cannot agree as to expenses, application may be made by keeping
aus " stray, how either party to the next justice of the peace, who shall require two ascertained. householders of the neighborhood, who shall have the privilege of appointing an umpire, and adjust the dispute, and their award shall be final.
$ 4. If any person shall take or send away any stray out of this Penalty for state, on any pretence whatsoever, or shall trade or sell the same un-selling stray der twelve months, he or she so offending shall forfeit and pay one under twelve hundred dollars, to be recovered in any court of this state having jurisdiction thereof, one half to the use of the informer, and the other half to the use of the county wherein the offence shall have been committed; and moreover shall pay the owner the amount of the appraisement, or if no owner appear, then to the county, subject to the regulations hereinafter ordered, under the sixth section of this act.
$5. If any person shall take up or use a stray of whatever description, Penalty for contrary to the meaning of this act, such person shall, for every such taking up offence, forfeit and pay one hundred dollars, recoverable with costs in using it con
trary to this any court of this state having jurisdiction thereof, one half to the coun-act ty, and the other half to the person suing for the same.
6. The property of every stray or strays taken up as aforesaid, The property twelve months after such appraisement, and not proved away by the of strayin owner thereof, shall be deemed vested in the taker up of the same : ker up. Provided nevertheless, That should the owner apply in five years, he demand the shall receive the full amount of such appraised stray, one half from the full price. laker up, and the other half from the county, after paying all reasonasle expenses : And provided also, That the person so taking up shall Taker up to sccount for and pay into the hands of the clerk of the county, one half
" appraiseof the appraised value of all such strays, according to the true intent nient. ind meaning of this act; and if the taker up shall neglect to account with the said clerk for the same, he or she so failing, shall forfeit and Penalty for pay the appraised value of all such strays, to be recovered by action of neglecting. lebt before any jurisdiction having cognizance thereof, and it shall be be duty of the clerk to commence suits respectively against all delin-To be recov. juents for the recovery of the same, and shall be entitled to receive ered by clerk. le per centum on all money recovered and received, and the balance he said clerk is required to pay over to the county treasurer.
57. It shall be lawful for the former owners of any strays, at any Owner to re. me, on proving his property by one or more competent witnesses, ceive baltic
' the appraiseo demand and receive from the county treasurer, one half of the value ment. iany such strays appraised and accounted for as aforesaid, deducting verefrom the treasurer's commissions of two per centum for receiving ad accounting for the same.
9 8. It shall be the duty of the taker up of any stray horse, mare, Stray horse, 1 mule, to cause the same to be exhibited on the first day of each &c.:.to be ex rm of the circuit court of the county, next succeeding the time at cuit court." hich such stray shall be taken up, from twelve to four o'clock on
vested in ta
pay half the
hibited at cir.