have been white persons, shall be deemed a mulatto; and so every such person, who shall have one-fourth part or more of negro blood, shall in like manner be deemed a mulatto.

Sect. 11. Riots, routs, unlawful assemblies, trespasses, and seditious speeches, by a slave or slaves, shall be punished with stripes, at the discretion of a justice, and any person may apprehend them, and carry them before a justice.

Sect. 12. Person permitting slaves to remain on his plantation four hours at a time, without leave from their master or overseer, forfeits three dollars; permitting more than five negroes so to remain, forfeits one dollar for each negro over that number; the above forfeitures to the use of the informer, recoverable before any justice, &c. (C) (D.) Sect. 13. Not to extend to negroes belonging to the same person, seated on different plantations, meeting at one of the plantations, with their owners leave; nor their meeting at any public mill, not being in the night, nor on Sunday, with leave of their owner; nor any other lawful occasion, by leave of their owner; nor attending divine service en a Sunday, or other day of public worship [See acts further declaring what shall be deemed unlawful meetings of slaves. 2 Rev. Code, ch. 35, p. 39. Ibid. ch. 47, p. 74.]

Sect. 14. White person, free negro, mulatto, or Indian, found in company with slaves at any unlawful meeting, or harbouring, or entertaining such, without the consent of the owner, forfeits three dollars, recoverable with costs, before a justice (E) to the use of the informer. [Extended to ten dollars, for harbouring, and if a free negro, or mulatto, and unable to pay, may be whipped, not exceeding thirtynine lashes. 1 Rev. Code, p. 374, sect. 2.]

Sect. 15. Every justice upon his own knowledge, or information, within ten days after such unlawful meeting, shall issue his warrant (E) to apprehend the offenders, &c. Justice failing, forfeits eight dollars; sheriff, or other officer, failing, upon knowledge or information of such meeting, to endeavour to suppress it, and to bring the offenders before some justice, forfeits likewise eight dollars, both penalties recoverable by action of debt in any county or corporation court; and every under-sheriff, sergeant, or constable, who, upon knowledge or information of such meeting, shall fail to perform his duty in suppressing the same, and apprehending the persons so assembled, forfeits four dollars to the informer, recoverable with costs, before any justice, &c. (F)

Sect. 16. Persons dealing with a slave for any commodity whatsoever, without leave of his owner, forfeits four times the value of the article, recoverable by action on the case in any court; also the further sum of twenty dollars, recoverable by summons and petition, &c. or receive thirty-nine lashes, but shall nevertheless pay the costs of such petition. [Additional penalty of ten dollars, for dealing with a slave on a Sunday. (1 Rev. Code, p. 432, sect. 3.) Also, on masters of vessels, for suffering slaves to come on board, or dealing with them, without leave. 1 Rev. Code, p. 432, sect. 1. 2 Rev. Code, ch. 60, sect. 3, p. 84.]

Sect. 17. Negro or mulatto, lifting his hand in opposition to a person other than a negro or mulatto, shall for every such offence, proved by the oath of the party before a justice, receive punishment, not ex

ceeding thirty lashes; except where such negro or mulatto was wantonly assaulted, and lifted his hand in his own defence.

Sect. 18. Castration of a slave may not be directed, except for an attempt to ravish a white woman.

Sect. 19. Owner not barred of his action, where his slave is killed by any other person, or dies, through the negligence of a surgeon undertaking the dismembering and cure of a slave so dismembered by order of court.

Sect 20. Any two justices may, by warrant (G) direct the sheriff of the county to take sufficient force and go in search of two or more out-lying slaves, and to apprehend them and carry them to jail.*

Sect. 21. If any negro or other slave shall consult, advise, or cons spire to rebel, or make insurrection, or shall plot or conspire the murder of any person, the same shall be felony without benefit of clergy. [Extended to a free person conspiring with a slave. See 1 Rev. Code, p. 374, sect. 1.]

Sect. 22. If any negro or other slave shall prepare, exhibit, or administer any medicine, the offender shall suffer death, without benefit of clergy.

Sect. 23. But if it appear to the court, that such medicine was not exhibited with an ill intent, or attended with ill consequences, he shall be acquitted.

Sect 24. Nor shall the prohibition extend to a negroe's adminis tering medicine in the family of the owner, or of any other, with the mutual consent of the owner and the person employing him.

Sect. 25. Owner of a slave licensing him to go at large, and trade as a free man, forfeits thirty dollars, recoverable by the overseers of the poor, by action of debt in any court; and the same for every offence.

Sect. 26. Slaves suffered to go at large, and hire themselves out, may be apprehended by any person, and carried before a justice; and if it appears to him that the slave comes within the meaning of this act, he shall order him to the jail of the county (H) there to remain till the next court; who, if it appear to them that the slave comes within the purview of this act, shall order the sheriff to sell him, at the next court, giving twenty days notice thereof, at the court-house door. [A fine, not less than ten nor more than twenty dollars, may be inflicted by a magistrate, or he may commit the slave to jail; and the court may impose a fine, not less than twenty nor more than fifty dollars; or order the slave to be sold. See 2 Rev. Code, ch. 119, p. 147.]

Sect. 27. Twenty-five per cent. on such sale shall be applied by the court, for lessening the county levy; the balance to be paid by the sheriff to the owner, deducting five per cent. for his trouble, and the jailor's fees.

Sect. 28. Persons stealing or selling any free person for a slave,

* Formerly out-lying slaves might be required, by proclamation from two justices, to return home, and on failure might be lawfully killed. See Laws Virg. edit. 1796, p. 261, sect. 21.

knowing the person so sold to be free, shall suffer death, without benefit of clergy."

Sect. 29. Stealing any negro or mulatto out of the possession of the owner, or overseer of such slave [or elsewhere found, 1 Rev. Code, ch. 244, p. 387.] felony, without benefit of clergy.†

Sect. 30. The justices of every county and corporation shall be justices of Oyer and Terminer, for the trial of slaves, which trials shall be by five at least, without juries, upon legal evidence, at such times as the sheriffs or other officers shall appoint, being not less than five nor more than ten days after commitment to prison. No slave shall be condemned, unless all the justices setting shall agree in opi nion that the prisoner is guilty, after allowing him counsel in his defence, whose fee, amounting to five dollars, shall be paid by the owner. When judgment of death shall be passed, there shall be thirty days at least between sentence and execution, except in cases of conspiracy, insurrection, or rebellion. [But if the called court fail to meet on the day, the proceedings and trial adjourned to the next court, in course. 1 Rev. Code, ch. 264, sect. 2, p. 402. See PENITENTIARY, ch. ii.]

Sect. 31. The value of a slave condemned, who shall suffer accordingly, or die before execution, to be ascertained by the justices triers, shall be paid by the public to the owner. One detained in slavery, who has commenced an action to recover his freedom, shall be prosecuted as a free man.

But this offence, not being enumerated in the penitentiary law, is now punishable by confinement, for a period not less than one nor more than ten years. See PENITENTIARY, ch. ii.

By act of 1798 (1 Rev. Code, ch. 244, p. 387) the offence of stealing a slave is punishable by confinement in the penitentiary, not less than three nor more than eight years.

The first act ever passed in Virginia, for the trial of slaves committing capital crimes, was in 1692, seventy-two years after their introduction into this coumtry. This act directed, that slaves guilty of crimes punishable, by the laws of England, with death, or loss of member, should be tried by a court of Oyer and Terminer, to be constituted by the governor for each special occasion.

The same law provided against slaves holding property in horses, cattle, and hogs; and vested all such then held by slaves in the overseers of the poor, if the owner of the slave did not appropriate them to his own use by a certain period. It also made the owner of a plantation or quarter, where there was no white overseer, liable for all the depredations committed by his slaves.

From the impossibility of a slave's exercising a right of ownership over horses, thus expressly declared by the legislature, has probably arisen the generally received opinion, that slaves could not be convicted for horse-stealing. Another reason may be, that horse-stealing, as to the capital punishment, was declared by acts of parliament of England (1 Edw. VI. c. 12. 2 and 3 Edw. VI ch. 33. 37 Hen. 8. c. 8. 31 Eliz. c. 12.) which could not be contemplated as affecting slaves. It was not until the year 1789, that horse-stealing was made punishable with death, by an express law of Virginia (see 1 Rev. Code, ch. 47, sect. 1, p. 45.) though it had been uniformly so punished, under the above acts of parliament, the substance of which was enacted in the revisal of 1792 (see 1 Rev. Code, ch. 101, p. 179.) Laws of Virginia very early passed against receivers of stolen horses; and against slaves and others, for hog-stealing.

§ Slaves condemned to be hanged may be reprieved by the executive, to be transported out of the United States. On the conviction of a slave, the clerk is to transmit a copy of the proceedings and the whole of the evidence to the executive. 1 Rev. Code, ch. 288, p. 421.

Sect. 32. No person, having interest in a slave, shall sit upon the trial of such slave

Sect 33. On the trial of a slave, the court may take for evidence the confession of the offender, the oath of one or more credible witnesses, or such testimony of negroes or mulattoes, bond or free, with pregnant circumstances, as to them shall seem convincing.

Sect. 34. In cases within the benefit of clergy, negroes or mulattoes shall not have judgment of death; but shall be burnt in the hand, with such other corporal punishment, as the court shall think fit to inflict; except the party had once had the benefit of this act, and then he shall suffer death.

Sect. 35. Negroes or mulattoes, being convicted by due proof of giving false testimony, shall, without further trial, be ordered by the court to have one ear nailed to the pillory, and there to stand for one hour, and the ear to be cut off, and the other ear in like manner; and shall receive thirty-nine lashes, or such other punishment as the court shall think fit, not extending to life or limb; and at every trial of slaves for capital offences, the person first named in the commission then sitting shall, before the examination of any negro or mulatto, not being a christian, charge such evidence to declare the truth; which charge shall be in the words following, to wit:

You are brought hither as a witness, and by the direction of the law I am to tell you, before you give your evidence, that you must tell the truth, the whole truth, and nothing but the truth; and that if it be found hereafter that you tell a lie, and give false testimony in this matter, you must, for so doing, have both your ears nailed to the pillory, and cut off, and receive thirty-nine lashes on your bare back, well laid on, at the common whipping post.

Sect. 36. Any person by last will and testament, or by instrument in writing, under hand and seal, attested and proved in court, by two witnesses, or acknowledged by the party, may emancipate and set free his slaves, who shall thereby enjoy perfect freedom. [But slaves now emancipated, forfeit their. right to freedom, if they remain twelve months in Virginia after the right accrues. 2 Rev. Code, ch. 69, sect. 10, p. 97.]

Sect. 37, But they may be taken in execution to satisfy any debt due by the person emancipating, before such emancipation. [See section 36.]

Sect 38. All slaves so set free, and in the judgment of the court not sound in mind and body, being above the age of forty-five years, or males under twenty-one, or females under eighteen, shall be supported by the person so liberating, or out of his estate; and upon neglect or refusal, the court of the county, or corporation, where the neglect shall be, shall, upon application, order the sheriff to distrain, and sell so much of the person's estate as shall be sufficient for that purpose. [See section 36.1

Sect. 39. Persons in their life time, or executors of those deceased, by whom any slave shall be emancipated, shall deliver to such slave a copy of the instrument of emancipation, attested by the clerk of the court of the county or corporation, who shall be paid by the person emancipating eighty-three certs. Every person neglecting to give such copy, forfeits thirty dollars, recoverable with costs in any court

of record, one half to the person suing, and the other to the person liberated. [See section 36.]

Sect. 40. Any justice may commit to the jail of his county (1) any emancipated slave, travelling out of his county without such copy, there to remain till such copy is produced, and the jailor's fees paid. [See section 36.]

Sect. 41. Slaves so liberated, and neglecting to pay their taxes and levies, may be, by order of the court, hired out by the sheriff, till such taxes are paid. [See section 36.]

Sect. 42. Saving to all persons, &c. other than those emancipating all right, &c. to such slaves.

Sect. 43. All negroes and mulattoes, in all courts of judicature within this commonwealth, shall be held, taken, and adjudged, to be personal estate. [But not to be sold as perishable estate. See i Rev. Code, ch. 170, sect. 2, p. 320.]

Sect. 44. A widow possessed of slaves, as of the dower of her husband, and removing, or voluntarily permitting them to be carried out of this commonwealth, without the consent of him or her in reversion, forfeits to the reversioner all such slaves, and all other dower of her husband's estate.

Sect. 45. The same law of the husband of a widow, in like cases, who forfeits to the person in reversion during the husband's life. [Dow er slaves, and those held for life, to be registered. See 2 Rev. Code, p. 36, 77.]

Sect. 46. A slave or slaves, descending from an intestate, where an equal division cannot be made in kind, may, by direction of the high court of chancery, or of the county or corporation where administration was granted, be sold, and distribution of the money be made. Provided that each claimant shall be summoned to shew cause against such sale.

Sect. 47. No gift of any slave shall be good, unless the same be made by will, duly proved and recorded, or by deed in writing, to be proved by two witnesses at least, in the district court, or court of the county or corporation, where one of the parties lives, within eight months after the date of such deed.

Sect. 48. This act shall be construed to extend only to such gifts where the donors have, notwithstanding such gifts, remained in the possession, and not to gifts of such slaves as have at any time come into the actual possession of, and have remained with the donee, or some person claiming under such donee.

Sect. 49. This act is not to alter any adjudication heretofore made, nor to affect the interest of any bona fide purchaser, for a valuable consideration, or creditor of the donor, before the donee hath been at least three years in possession of the slave or slaves, under such gift, nor in any manner to restrain the operation of the act of limitation. [See 3 Hen. & Munf. 127.]

Sect. 50. The master of a vessel, carrying out of this state a servant or slave, without the consent of the owner, forfeits one hundred and fifty dollars for every servant, and three hundred dollars for every slave; one moiety to the commonwealth, and the other to the owner, recoverable by action of debt or information in any court; and, moreover, shall be liable to the suit of the party grieved, at common