Gambar halaman
PDF
ePub

vessel, or the merchant or trader, for such harbouring or trading, on complaint and conviction before two justices of the peace, shall pay a fine of five pounds for the first offence, and ten pounds for every succeeding offence; subject to appeal to the county court, where the determination shall be final.

The penalties in the above clauses shall be one-half to the use of the prosecutor, the other half to the patrollers of the district.

If any free person of colour shall come into this state, by land or water, he she, or they shall be compelled to give bond and security to the sheriff, payable to the governor for the use of the state, in the sum of 2007. for his, her, or their good behaviour, during the time he, she, or they may remain in this state; and it is hereby declared to be the duty of the sheriff to apply to the above described persons, and take from them a bond as aforesaid; and if any person so applied to should refuse to give such bond, the sheriff of the county where the person applied to, for the time being resides, shall be, and is hereby authorised and directed to take him, her, or them into custody, and confine them and every of them in the jail of the county, until the ensuing court, when, it shall be the duty of said court to empannel a jury, to enquire whe ther the person so confined comes within the meaning and purview of the law; and if the said jury shall find that such person does come within the meaning of the law, then and in that case the court shall compel such person to give bond as aforesaid for his, her, or their good behaviour and upon failing. so to do, the court shall order such person to be sold for the benefit of the state, at public auction.

It shall be the duty of the several county courts in the state, to charge the grand juries of the respective counties to make presentment of all such free persons of colour as conduct themselves so as to become dangerous to the peace and good order of the state and county; upon which said presentment it shall be the duty of the court, to whom the same is made, to issue an order to the sheriff to take into custody the person so presented, and him safely keep until the next county court, when a jury shall be empannelled, as by law directed, and a trial agreeably thereto had; and if any person shall be found guilty on such trial, he shall be compelled to give bond and security, as in cases of persons coming into this state contrary to law; and in case of failure of the person so found guilty to give bond, he, she, or they shall be sold, for the use and in the manner aforementioned.

When any number of negroes, or other slaves, or free peo. ple of colour, shall collect together in arms, and be going about the country, committing thefts and alarming the inhabitants of any county, it shall be the duty of the commanding officer of such county or captain of a troop of horse, upon three or more justices of the peace requiring it, to report the same immediately to the governor, who shall thereon take the necessary measures, by ordering out a sufficient body of the militia to preserve and ensure the public safety; which detachment of militia shall be under the same rules and regulations, as in cases of invasion and insurrection, and shall be entitled to receive the same pay and rations as the troops of the United States when in actual service. And if any person shall be wounded or disabled in suppressing such insurrection, he shall be provided for at the public expense, in the same manner as heretofore practised in this state.

Any person or persons who shall hereafter by violence or any other means, take or convey any free negro or free negroes or persons of mixed blood out of this state to another, with an intention to sell or dispose of such free negro or free negroes, or persons of mixed blood, and being thereof legally convicted, or shall upon his arraignment peremptorily challenge more than thirty-five jurors, or shall stand mute, shall be judged guilty of felony, and shall suffer death without benefit of clergy.

This act is amended as follows. Whereas by the above recited act, no penalty is annexed to stealing, carrying off, and selling free negroes and mulattoes within the limits of this state-for remedy whereof, be it enacted that any person or persons who shall hereafter steal or sell any free negro or free negroes, or persons of mixed blood, knowing the same to be free or stolen; or shall by violence, seduction, or any other means, take or convey any free negro or free negroes, or persons of mixed blood, from any part of this state to another, with an intention to sell or dispose of such free negro or free. negroes, or persons of mixed blood, or appropriate the same to his, her, or their use, and being thereof legally convicted, shall for every such offence be fined not less than fifty pounds nor more than 500%. and imprisoned not less than three months nor more than eighteen months; any thing in the before recited act notwithstanding.--Acts 1800, c. 22.

[ocr errors]

No person shall grant permission for any meeting of the hegroes of others, or people of colour, at his, her, or their houses, or on his, her, or their plantation, for the purpose of drinking or dancing, under the penalty of ten pounds; unless

such slave have a special permit for that purpose from his or her owner.

All persons who are permitted to liberate their slaves, either by an act of assembly or by the county courts, shall enter into bond in the sum of 100/. for each slave so liberated, with approved security, payable to the chairman of the court and his successors, for the use of the poor of the county in which the slave may reside, that such slave shall not become chargeable on the parish or county, previous to his having the same effected. And every person failing for six months, after the slave shall be so set free, to give such bond, shall forfeit 300%. to the wardens of the poor.

By an act of congress."From and after the first day of January, 1808, it shall not be lawful to import or bring into the United States or the territories thereof from any foreign kingdom, place, or country, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose of such negro, mulatto, or person of colour, as a slave, or to be held to service or labour, under the penalty of $ 5,000.”

See Slaves, Woods, Witnesses, Insolvent Debtors.

FUGITIVES.

Any two justices of the peace, on satisfactory evidence ad duced, that any fugitive has committed within the United States any pettit larceny or other offence, the punishment whereof shall extend to affect life, limb, or member, shall have power to commit such fugitive to any jail within this state, for the space of six months, unless sooner demanded, agreeably to the directions of an act of congress in such case provided. And if no demand is made within said term of time, then the said fugitive shall be again liberated.

GAMING...

All public gaming tables, such as EO, A B, and A BC, faro bank, pass-die tables, and all others of whatever nature, or by whatever name or denomination they shall be called, (billiard tables excepted) are totally forbidden, to be used in this state by any person or persons whatsoever. And all justices of the peace, and the commissioners of police in the

several towns of this state, are hereby authorised and directed in case of information made to them, or any of them, on oath, that such gaming table is in the possession and use of some person within the limit of their jurisdiction, to destroy and annihilate the same by every means in their power. And

each and every person who shall offer to keep up or use the same, shall be subject to the penalty of 1,000l. to be recovered in an action of debt by any person suing for the same, the onehalf thereof to be appropriated to the use of the party informing, the other half to the use of the state.

Sect. 1. All monies exhibited for the purpose of alluring persons to bet against, at any game; and all monies actually staked or betted whatsoever; and all species of other proper ty shall be liable to be seized by any justice or justices of the peace, or by any other persons under a warrant from a jus tice of the peace, wheresoever the same may be found; and all such monies so seized shall be accounted for and paid by the person or persons making the seizure, to the wardens of the poor of the county wherein the seizure shall be made, and applied by the wardens in aid of the poor tax, deducting thereout fifty per cent upon all monies so seized, to be paid to the person or persons making the said seizure.

2. All gaming tables of what name or denomination they shall be called, (except billiard tables) are totally forbidden to be used in this state by any person or persons whatever. And all justices of the peace, commissioners of police, sheriffs, or constables, are hereby authorised and directed in case of information made to them, to seize and destroy the same, by every means in their power.

3. Any person whatsoever who shall suffer any of the games played at the tables commonly called A B C, E O, or faro bank, or any other gaming table or bank of the same or like kind, under any denomination whatever, to be played in "his or her house, or in a house of which he or she hath at the time the use or possession, shall for every such offence, forfeit and pay the sum of 100l. to be recovered in any court of record, by any person suing for the same.

$4. Any person who shall oppose the destruction of any of said tables, or the seizure of any such monies as above described, by any person or persons so authorised to make it, shall be liable to a penalty of 500l. to be recovered in any court of record, for the use of the state; and shall be further liable to the action of any party grieved by such opposition. And any person or persons who shall take or carry away any part of the said money after the said seizure shall be declared, shall be

guilty of a misdemeanor, and liable to be indicted or presented therefor, and on conviction fined at the discretion of the court trying the same.

5. It shall be the duty of the judges of the superior courts, and justices of the county courts, to give this law in charge to the grand jury, at the time when such grand jury shall be sworn. Acts 1798, c. 19.

Every promise, agreement, note, bill, hond, or other contract to pay, deliver, or secure money or other thing won or obtained by playing at cards, dice, tables, tennis, bowls, or other games, or by wagering or betting on either of the parties who shall play at such games, or to repay or secure money or other thing lent or advanced for that purpose, or lent or advanced at the time of such gaming, playing, betting, laying, or adventuring, or by wagering or betting on a horse-race, or to repay or secure money or other thing lent or advanced for that purpose at the time of such betting or adventuring, shall be void. And every conveyance or lease of land, tenements, or hereditaments, sold, demised, or mortgaged, and every sale, mortgage, or other transfer of slaves or other personal estate, to any person, or for his use, to satisfy or secure money so won, lent, or advanced, on due proof made before any jurisdiction having cogizance thereof, shall be and is hereby declared void. Acts 1788, c. 5, and 1810, c. 14.

All persons who shall play at any game of cards in any public-house or tavern, and bet any money or property, whether the same be in stake or not, or any person who shall bet on any game at cards, shall forfeit for each offence the sum of forty shillings; one-half to the informer, the other half to the use of the poor of the county. And if any keeper of a public-house or tavern shall knowingly suffer or willingly permit any game of cards to be played in said public-house or tavern, for money or property, he shall forfeit the sum of five pounds for every offence, to the uses aforesaid-Acts 1799,

C. 12.

It shall be the special duty of sheriffs of each county in this state to sue for and recover, in the name of the governor for the time being, the penalty set forth in acts of 1798, c. 19, § 3. from any person who may suffer any of the games therein mentioned to be played in his or her house; for which services the sheriff so suing and recovering, shall be allowed twenty per cent; and every sheriff who shall, after information to him made or after the fact shall come to his knowledge, fail to sue for and perform the duties by this act required,

2

« SebelumnyaLanjutkan »