law, for damages. [Additional penalties. 1 Rev. Code, ch. 222, sect. 6, 7, p. 374. 2 Rev. Code, ch. 60, p. 84.]

Sect. 51. In any action against such master, under this act, he may be ruled to special bail, and shall not be allowed to plead in bar, or give in evidence any act of limitation.

Act of 1793, 1 Rev. Code, ch. 163, p. 315.

Sect. 2. All free negroes and mulattoes, residing in towns, to be registered and numbered, in a book to be kept by the clerk; which re gister shall specify the age, name, colour and stature, by whom and in what court emancipated, or whether born free. A copy of the register, signed by the clerk and attested by one alderman, to be annually delivered to the negro or mulatto, by the clerk, at a fee of twentyfive cents. [In like manner, free negroes and mulattoes in counties are to be registered. See 2 Rev. Code, ch. 14, p. 11.]

Sect. 3. The penalty for employing a negro or mulatto, without such certified copy, is five dollars for each offence, recoverable by warrant before a magistrate. (I, 2.)

Sect. 4. If any negro or mulatto, residing in a town, neglect to procure such certificate, he may be committed to jail by any alderman or magistrate, till such copy is produced and the jailor's fees paid. (I, 3.)

Sect. 5. Free negroes and mulattoes are not to go at large in counties, without having their certificate registered in the clerk's office where they reside; and a certified copy by the clerk, for which he shall receive twenty-five cents.

Sect. 6. Any person employing a negro or mulatto, within the perview of this act, forfeits five dollars, recoverable before a justice. (I, 2.)

Sect. 7. Such certificates to be renewed every three years, under the same regulations as prescribed in obtaining the first.

Sect. 8. A negro or mulatto, residing in a county, neglecting to procure such certificate, to be dealt with as directed in section four, with respect to those in towns. (I, 3.)

Act of 1793, 1 Rev. Code, ch. 164, p. 316.

Sect. 1. No free negro or mulatto shall migrate into this commonwealth, and such as do come, contrary to this act, may be apprehended by any citizen, and carried before a justice of the county where he is taken; which justice is authorised to examine, send, and remove every such out of this commonwealth, into that state or island from whence he came; and for this purpose the sheriff or other officer, and other persons, may be employed by the justice, in the same manner as for the removal of criminals from one county to another (M.) And every free negro or mulatto, imported into this state by water, shall be exported to the place from whence he came, at the charge of the importer; recoverable on motion, in the name of the commonwealth, on ten days notice in any court.

Sect. 2. The penalty for bringing any free negro or mulatto into this commonwealth is one hundred pounds each; one half to the commonwealth, and the other to the informer, recoverable in any court, and the defendant shall be ruled to give special bail.

Sect, 3. Not to extend to masters of vessels bringing a free negro or mulatto into this state, employed on board a vessel, who shall depart

therewith, nor to any person travelling into this state, with any such free negro or mulatto as a servant.

Sect. 4. If any slave shall be brought or come into this state from Africa or the West India islands, directly or indirectly, it shall be the duty of a justice to cause such slave to be apprehended (N) immediately, and transported out of this commonwealth, and the expence attending the same shall be paid by the person importing such slave, recoverable in the name of the justice directing such slave to be transported, by warrant (0) before a single magistrate. [Amended by act of 1800 (Rev. Code, ch. 283, sect. 4, p. 412, 413.) and the executive authorised to remove them.]

Act of 1795, 1 Rev. Code, ch. 189, p. 346.

Sect. 1. A person conceiving himself or herself entitled to freedom, and detained in slavery, may make application to a magistrate out of court, or to the court of the circuit, county, or corporation, where he or she resides; if the complaint be made to a magistrate, he shall summon the possessor to appear before him, or some other magistrate of the county (P) to answer the complaint; and shall compel him to give bond with security (Q) equal at least to the value of the complainant, conditioned to suffer him or her to appear at the next court for the circuit, county, or corporation, to petition the court for leave to sue in forma pauperis, for the recovery of his freedom; and if the possessor fails, or refuses to give such bond, the magistrate shall order the complainant into the custody of the officer serving the warrant (R) there to be safely kept, at the expence of the holder, till the next court, where the complainant must be produced.

Sect. 2. When a petition shall be offered to a court, it must state the material facts, which being proved by affidavit, or otherwise, the court shall assign counsel to the petitioners who shall prosecute without fee; but before process shall issue, the counsel shall make an exact statement of the circumstances, with his opinion; and unless the court shall see manifest reason to deny their interference, they shall order the clerk to issue process against the owner, to appear and answer the complaint, and in the mean time, that the complainant be in the custody of the sheriff, till the owner shall give bond and security, either in court, or with the clerk, to have the complainant forth-coming to answer the judgment of the court; in which case the complainant shall be returned to the owner.

Sect. 3. A person aiding, abetting, or maintaining another in a prosecution for freedom, who fails to establish it, forfeits one hundred dollars, recoverable by action of debt or information; and is moreover liable in an action on the case for damages.

Sect. 4. The dower of a widow not affected by her husband's emancipating his slaves by will; if part only be emancipated, she shall take her dower out of the other part, if equal to a third of the whole number. In all such cases the dower is recoverable by bill in chancery against the executor, and the third of the slaves to be determined by casting lot; provided, that if the personal estate of the husband, after payment of his debts, be sufficient to compensate the widow for a third of the slaves, the executor shall pay her a sum equal to such third part of the slaves; to be ascertained by persons appointed by the

court.

Sect. 5. To make, forge, or counterfeit, or cause it to be done, or willingly to act or assist in making, forging, or counterfeiting any writing, whereby the slave or servant of another, without the consent of the owner, shall be declared to be emancipated, or suffered to go at large, and pass as free, subjects the offender to a penalty of two hundred dollars, and one year's imprisonment, without bail or mainprise.

Act of 1796, 1 Rev. Code, ch. 206, p. 364.

Sect. 1. This law authorised overseers of slaves, within this state, who might carry them out, and had not sold or hired them out, to bring them back, without incurring any penalty; provided, that it should not affect any right to freedom which such slave might acquire, by the laws of the state to which he had been carried. But see act of 1805 (2 Rev. Code, ch. 69, p. 95, amended by ch. 99, of 2 Rev. Code, p. 125) by which such permission would not now be given, except under certain circumstances.]

Act of 1797, 1 Rev. Code, ch. 222, p. 374.

Sect. 1. Every free person, advising or conspiring with a slave, to rebel, or make insurrection, or advising or assisting a slave to murder any person, shall suffer death. [But see PENITENTIARY, ch. ii. as to the cases not clergyable, and which are omitted in the penitentiary law.]

Sect. 2. All free persons, convicted before a magistrate, of harbouring or entertaining a slave, without consent of the owner, forfeits immediately to the informer ten dollars (S) and in case of non-pay. ment, to be required by the magistrate before whom brought, to give bond and security (Ss) for his appearance at the next court for the county or corporation, and to be of good behaviour in the mean time, or to stand committed till the same be performed. (7). If the offender be a free negro or mulatto, and be unable to pay, then to receive not exceeding thirty-nine lashes, at the discretion of the magistrate.

Sect. 5. No person, a member of an abolition society, shall be a juror in the trial of a suit for freedom. Every such suit shall be tried at the next quarterly or circuit court, succeeding the petition or suit, unless the evidence could not so soon be obtained.

Sect. 4. A slave escaping after condemnation, and before execution, may, on being retaken, be identified by a court, summoned by the sheriff, in the same manner as for his trial: (U) and upon such identity, may carry the former sentence into effect, by ordering the execution at a future day.

Sect. 5. Any free negro or mulatto, delivering a copy of his registry of freedom to a slave, shall be adjudged a felon.

Sect. 6. No master of a vessel shall transport, or attempt to transport any slave out of this state, until he shall have produced him before some magistrate of a county, adjoining the river where his vessel lies, and lodged with the magistrate a description of the name, probable age, and alledged place of birth of the negro or mulatto, and a declaration of the port to which the vessel is bound; and until he shall have produced to the magistrate, the certificate of freedom granted the said negro or mulatto, by the clerk of the court where he was registered, or the written direction of the owner of the negro or mulatto, com

manding, or permitting, the skipper to carry him out of the state. A certificate of all which shall be granted by the magistrate. (V). Act of 1798, 1 Rev. Code, ch. 244, p. 387.

Sect. 1. Stealing a negro or mulatto slave, whether from the actual possession of the owner, or overseer, or elsewhere, subjects the offender to imprisonment in the penitentiary, for a period not less than three nor more than eight years.

Act of 1800, 1 Rev. Codé, ch. 274, p. 407.

Sect. 1. Slaves under sentence of death, for conspiracy, insurrection, or other crimes, may be sold by the executive for transportation out of the United States. If any slave, so sold, shall return, he shall be apprehended and executed under the former sentence. (W). On the conviction of a slave, for a crime which affects life, the evidence for and against him, shall, by order of the court, be taken down, which, together with the whole proceedings, shall be immediately transmitted to the executive.

Sect. 2. The owners of slaves so sold or transported to be paid in the same manner as for slaves executed. [And to be paid as soon as the executive shall determine to sell and transport. 1 Rev. Code, ch.

288, p. 421.]

Act of 1800, 1 Rev. Code, ch. 283, p. 412, amended by act of 1807, 2 Rev. Code, ch. 119, p. 147.

Sect. 1. If any person shall permit his own, or a slave hired by him, to go at large, and hire himself out, any person may, and it is the duty of every sheriff, deputy sheriff, coroner, and constable, to apprehend and carry such slave before a magistrate (Ww) who shall forthwith impose on the offender a fine, not less than ten nor more than twenty dollars; or may order the slave to jail (X) there to be kept till the next court, by which either a fine may be imposed on the offender, not less than twenty nor more than fifty dollars, or the sheriff or other officer may be ordered to sell such slave. And in every case of a fine, under this act, the slave may be held in custody, and sold to satisfy the same, and all incidental charges, either by order of the magistrate or court, unless it be paid within ten days after imposed; (Y) which fines shall be for the benefit of the poor. Provided, that no sale shall convey a greater interest than held by the person incurring the fine, unless it shall appear that the owner of a slave was privy to or connived at the breach of this act.

Sect. 2, of 1 Rev. Code, ch. 283, p. 412. A trustee, guardian, exe. cutor, or administrator, suffering a slave, held by them as such, to hire himself out, forfeits forty dollars for every offence, recoverable, by any person who will sue, by action of debt or information, in any

court.

Sect. 3. One third of the amount of sale shall be applied by the court, ordering it towards lessening the county levy, and the residue applied by the sheriff, after deducting six per cent. on the whole, for his trouble and the jailor's fees, to the person informing and establishing the fact; and, if no informer, then after the above deductions, the whole to go towards the levy.

Sect. 4. Any negro or mulatto, bond or free, is a good witness, in pleas of the commonwealth, for or against negroes or mulattees, bond

or free, or in civil suits, where free negroes or mulattoes shall alone be parties.

If any slave shall be brought or come into this state, from any place without its limits, any magistrate of the county or corporation where he is found shall cause him to be apprehended and brought before him (Z) or some other magistrate, who shall, upon satisfactory evidence, commit him to jail. (a). And the magistrate so committing shall immediately give notice to the executive, who shall pursue such measures for transporting the slave out of the state, as they shall think proper. The expences shall be paid by the person importing or holding the slave, recoverable in the name of the governor, by motion or suit, in which the offender shall be held to bail.

[NOTE....By act of 1805 (2 Rev. Code, ch. 69, p. 95, sect. 1.) slaves thereafter imported are forfeited, if they remain twelve months in the state; but by the thirteenth section, the power of the executive to send them out of the state is not abridged.]

Sect. 5. Commissioners of the revenue are bound annually to return, with a list of taxable property, a complete list of all free negroes or mulattoes, with their names, sex, places of abode, and particular trades or occupations; a copy of which list is to be fixed by the clerk at the court-house door, and the original deposited in his office. Every commissioner or clerk, failing in said duty, forfeits twenty dollars, recoverable by motion or information; one half to the use of the county, the other to the prosecutor.

Sect. 6. Any negro or mulatto, so registered, removing into another county, may be apprehended by warrant from a magistrate (Bb); and if he has no honest employment to maintain himself, may be treated as a vagrant.

Sect. 7. This act to be given in charge to the grand jury, in all courts of law.

Act of 1801, 1 Rev. Code, ch. 305, p. 432.

Sect. 1. Any master or skipper of a vessel, who shall permit a slave to come on board, or shall buy, sell, or receive of, to, or from a slave, any commodity, without leave given in writing by the master or overseer, forfeits, in addition to former penalties (see 1 Rev. Code, ch. 103, ant. sect. 16.) the sum of twenty dollars, recoverable by warrant from a magistrate, by any prosecutor; upon service of which warrant the offender shall be taken, and remain in custody till judgment (Cc); and, on conviction, shall be committed by the magistrate to jail, there to remain till payment of the penalty. (D d). But if the skipper be a slave, he shall receive, by order of the magistrate, thirty-nine lashes, on his bare back. [An additional penalty of two hundred dollars inflicted for the above offence, by act of 1804, ch. 60, sect. 3, p. 84; one third to the owner of the slave, one third to the informer, and one third to the overseers of the poor.]

Sect. 2. In an action on the case against the skipper of a vessel, for dealing with a slave, under the sixteenth section of the act of 1792 (1 Rev. Code, ch. 103, p. 188.) the defendant shall be ruled to appearance bail, on affidavit before a magistrate of the cause of action, to be transmitted to the clerk of the court.