Sect. 3. Any person, who, on the sabbath day, shall buy of, sell to, or receive from a slave, any commodity, without the leave of the master or overseer given in writing; or, for the like, with a free negro or mulatto, shall, in addition to former penalties, pay ten dollars, recoverable by warrant before a magistrate, by any prosecutor. (E e).

Act of 1802, 2 Rev. Code, ch. 14, p. 11.

Sect. 1. Every free negro or mulatto, residing in any county, shall be registered and numbered in a book to be kept for that purpose, by the clerk, which register shall specify the age, name, colour and stature, together with any apparent mark or scar, on the face, head, or hands, and in what court emancipated, or whether born free. A copy of the register, signed by the clerk and attested by one justice, is to be delivered to such negro or mulatto, by the clerk, at a fee of twentyfive cents.

Sect. 2. But the clerk shall in no case grant a copy of such register, until the court of the county where the free negro or mulatto resides shall have certified that it has been truly made.

Act of 1803, 2 Rev. Code, ch. 33, p. 36; amended by act of 1804, 2 Rev. Code, ch. 51, p. 77.

Sect. 1. In all cases where any slaves [hath been, by 2 Rev. Code, ch. 51, p. 77, sect. 1, or] shall be allotted to any widow for her dower, or devised to her in lieu thereof, or held by any person for his own life or the life of another, the person entitled to the life estate, or the guardian, if he or she be an infant, shall, within sixty days after coming to possession, lodge with the clerk of the county, wherein he or she resides, a list, containing the names, ages, and sexes of the slaves, under the penalty of fifty dollars for each slave: the clerk shall record the list in a well bound book, for which he shall receive from the person furnishing it a fee of one dollar: the increase of such slaves shall in like manner, and in like time from their births, be recorded and registered, at a fee of twenty-five cents each. If the widow marry again, her husband shall perform the duties required of her by this

act.

Sect. 2, of 2 Rev. Code, ch. 33, p. 11. The penalties incurred by this act, shall go to the party aggrieved, recoverable by action of debt, bill, plaint or otherwise, in any court of record.

Act of 1803, 2 Rev. Code, ch. 35, p. 39; amended by ch. 47, of 2 Rev. Code, p. 74.

Sect. 1. All meetings or assemblages of slaves at any meeting-house, or other place, in the night, under whatever pretext, deemed an unlawful assembly; and any justice of the county or corporation may, either from his own knowledge or information thereof, issue his warrant, directed to any sworn officer or officers (Fƒ) authorising him or them to enter the house or houses, where such meetings are held, for the purpose of apprehending or dispersing such slaves, and to inflict corporal punishment on the offenders, at the discretion of the justices, not exceeding twenty lashes. [But nothing in this act shall be construed to prevent the master or owner of slaves from carrying or permitting them to go with him, or any part of his white family, to any place of religious worship; provided it be conducted by a regularly or

dained or licensed white minister. (2 Rev. Code, ch. 47, sect. I, p. 74. Ibid. sect. 2.) Nor in any manner affecting white persons, who may happen to be present at any meeting or assemblage, for the purpose of religious worship, so conducted by a white minister, at which there shall be such a number of slaves, as would, as the law has heretofore been construed, constitute an unlawful assembly of slaves.]

Sect. 2, of 2 Rev. Code, ch. 35, p. 39. The said officer or officers shall have power to summon any person to aid and assist in the execution of any warrant, directed to him or them for the above purpose, who, on refusal, shall be subject to a fine at the discretion of the justice, not exceeding ten dollars (Gg). Provided, that this act shall not extend to any county west of the Blue Ridge.

Act of 1804, 2 Rev. Code, ch. 60, p. 84.

Sect. 1. Whoever shall carry, or cause to be carried, any slave out of this state, or from one county to another, within the same, without the consent of the owner, or the guardian (if he be a minor) and with intent to defraud or deprive the owner of such slave, shall be guilty of a misdemeanor, and, on conviction, be fined not less than one hundred nor more than five hundred dollars; and be imprisoned in the penitentiary, not less than two nor more than four years, which fine and imprisonment to be ascertained by a jury: and also, the offender shall pay the owner double the value of the slave, and double the amount of the expences in regaining or attempting to regain him, recoverable by action on the case, in any court having original jurisdiction over such actions: and in all suits for the recovery of a penalty, under this act, the defendant may be held to bail as of right.

Sect. 2. And to determine what shall be deemed a carrying away, not only those who shall willingly and designedly carry away slaves as aforesaid, but all masters of vessels, who, having a slave on board, shall sail beyond the limits of any county with him, shall be considered as carrying off or removing him. And any person travelling by land, who shall give countenance, protection, or assistance to such slave, to prevent his being stopped or apprehended, shall also be deemed guilty of carrying off such slave.

Sect. 3. Inflicts an additional penalty of two hundred dollars on a master or skipper of a vessel, for permitting a slave to come on board, or dealing with him, without leave of the owner. [See ant. act of 1801, 1 Rev. Code, ch. 305, p. 432, sect. 1.]

Sect. 4. In any action against the master or skipper of a vessel, under this act, the defendant may be held to bail.

Sect. 5. Overseers of the poor, hereafter binding out black or mu. fatto orphans, shall not require that they be taught reading, writing, or arithmetic,

Act of 1805, 2 Rev. Code, ch. 69, p. 95.

Sect. 1. Slaves brought into this state, and either kept therein a whole year, or so long at different times as amounts to a year, or sold or hired therein, are forfeited, and vested in the overseer of the poor, who apprehends or attempts to apprehend them, in trust, for the benefit of the poor of the county or corporation. [Not to extend to inhabitants of the state leaving it, with intention to return, and carrying with him his slave or slaves (2 Rev. Code, ch. 39, sect. 1, p. 125.) nor

to cases where an inhabitant owns land extending across the boundary line of the state, who may employ his slave on both sides;, but no slave owned in another state, and so to be employed in this state, shall be sold, or otherwise employed therein (Ibid. sect. 2) nor to persons, inhabitants of another state, conveying their produce to market through this state, or having travelling servants with them. Ibid. sect. 3.]

Sect. 2. Upon complaint of an overseer of the poor to a magistrate, he shall issue his warrant, directed to any officer of the county, to bring the slave before him or some other magistrate, and moreover summon the holder to appear and answer it. (Hh).

Sect. 3. The magistrate, before whom the slave is. brought, may, upon the evidence, either dismiss the prosecutor, or require the owner or holder to enter into a recognizance (Ii) payable to the governor, and his successors, in a penalty of double the value of the slave, conditioned to appear at the next court, and perform its order; which recognizance, with the warrant, shall be forthwith returned to the clerk.

Sect. 4. If the owner or holder be not in the county, or fail to appear, being summoned, or be unable or refuse to give security, the magistrate shall cause the slave to be delivered to the sheriff or sergeant, to be safely kept, so that he may be brought before the next court. (j).

Sect. 5. On the appearance of the party at court, or if he fails to appear, the court to which he was recognized shall immediately cause a jury to be impannelled, to try the facts without the formality of pleading, unless good cause be shewn for a continuance; and if the jury find that the slave has been brought, and remained in this state contrary to law, the court shall order him to be delivered to the overseers of the poor, to be sold.

Sect. 6. If the owner or holder of the slave be not in the county, or shall not have been summoned, the court shall make an order, requiring him to appear at some court day, to be specified in the order; which order shall be published at the front door of the court-house, for two successive court days, and in some newspaper printed in this state, four times successively. And the court to which he is so directed to appear shall impannel a jury, and proceed in all things as directed in section five.

Sect. 7. The nett proceeds of sale, after deducting ten per cent. for the overseers of the poor, who commenced the prosecution, and the costs, shall go towards lessening the poor rates.

Sect. 8. The penalty for bringing in a slave, contrary to this act, or or for selling, buying, or hiring such, knowingly, is four hundred dollars each; recoverable by action of debt or information, to the use of the commonwealth; in which action the defendant shall be ruled to special bail; judgment shall be rendered without regard to form; and a lawyer's fee of twenty dollars taxed.

Sect. 9. A slave brought into this state contrary to law, or passing through the same, and committing a capital offence therein, for which he shall be executed, shall neither be valued by the court, nor faid for by the public. Nor shall any slave be paid for, who shall be executed for a crime, in the perpetration of which the owner shall be adjudged either a principal or accessory, and thereof convicted.

554

Sect. 10. An emancipated slave, remaining in this state more than twelve months after the right to freedom accrues, forfeits such right, and may be apprehended and sold by the overseers of the poor, when found, for the benefit of the poor.

Sect. 11. Overseers of the poor must take the following additional oath: "I, A, do swear, that I will faithfully enforce the laws to prevent the importation of slaves."

Sect. 12. If, in any action or prosecution by the overseers of the poor, by virtue of this act, they be cast, they shall not pay costs; but they shall be paid out of the county levy.

Sect. 13. Nothing in this act shall abridge the right of the executive to remove slaves brought into this state (see ant. I Rev. Code, ch. 283. sect. 4, p. 412.) nor to repeal an act, authorising the removal of slaves from the county of Alexandria, in the district of Columbia.

Sect. 15. This act to be given in charge to every grand jury.

Act of 1805, 2 Rev. Code, ch. 83, p. 108.

Sect. 1. No free negro or mulatto shall keep or carry a fire-lock of any kind, or military weapon, or powder, or lead, without a licence from the court of the county or corporation; which licence may, at any time, be withdrawn. Arms, &c. so kept, shall be forfeited to the informer.

Sect. 2. Every constable shall give information against, and prosecute every offender against this act.

Sect. 3. On a second conviction, the free negro or mulatto may, in addition to the forfeiture, be whipped, not exceeding thirty-nine lashes.

Act of 1807 (2 Rev. Code, ch. 119, p. 147.) further preventing the practice of slaves going at large, and hiring themselves out, see anţ. under act of 1800, 1 Rev. Code, ch. 283, p. 412.

As to the punishment of slaves, for burning barns, corn-houses, &c. see title PENITENTIARY.

(A) Certificate of the seizure of a gun, &c. on sect. 8, of 1 Rev. Code, p. 187.

county, to wit.

Whereas A J, of the county aforesaid, labourer, hath this day brought before me, JP, a justice of the peace for the said county, one gun, with powder and shot, by him found and seized in the hands and possession of a certain free mulatto man, known by the name of as the case may be)

(or negro man slave belonging to who is not by law qualified to keep the same; and the said A J having also, before me, made due proof of such seizure as aforesaid. By virtue of an act of the general assembly in that case made and provided, I do hereby order and direct, that the said A J shall and may retain the said gun, powder and shot, to his own use; and that the said mulatto man shall receive thirty lashes upon his bare back, well laid on, which last sentence A C, a constable in this county, is ordered to execute. Given under my hand and seal, &c.

(B) Licence to keep arms and ammunition.

[This can only be granted by the court. See 2 Rev. Code, ch. 85, p. 108.]

(C) Warrant for permitting a slave to remain more than four hours on offender's plantation, without leave of the owner or overseer of such slave, on sect. 12, of 1 Rev. Code, p. 187.

county, to wit.

Whereas information hath this day been given to me, JP, a justice of the peace for the county aforesaid, by A J, that A M, a master of a family in this county, did, on the day of last past, knowingly permit one negro man slave, the property of B F, to remain on the plantation of him the said A M, for more than four hours at one time, without the leave of the said BF, or his overseer, contrary to the act of the general assembly in such case made and provided. These are therefore, in the name of the commonwealth, to require you to summon the said A M to appear before me, at next, to answer the pre

in this county, on the

mises.

Το

day of

Given under my hand, &c.

constable.

Judgment.

The within warrant being returned executed, and it appearing to me from sufficient testimony, that the said A M is guilty of the offence within charged against him, it is considered that the said A J recover against him the sum of three dollars, besides his costs. Given under my hand, &c.

(D) Warrant for permitting more than five slaves to continue on a plantation, as above, also on section 12.

county, to wit.

Whereas, &c. (as in (C) to the words last past') knowingly permitted more than five negroes, not being his own, viz. ten negroes, to remain at the plantation of him the said A M, for more than four hours at one time, without the leave of the owner or overseer of the said negroes, contrary, &c. (conclude as in form (C).

The form of the judgment may be the same as in form (C) except varying the sum, and adapting it to the number of negroes, at one dollar for each above five