Imágenes de páginas
PDF
EPUB

(E) Warrant for being at an unlawful meeting of slaves, or harbouring them, on sect. 14, of 1 Rev. Code, p. 188, and sect. 2, of 1 Rev. Code, p. 374.

county, to wit.

Whereas information hath this day been made to me, by A J, that, within ten days last past, A O, B O, and C O (describe them, whether white, free-negroes, mulattoes, or Indians) of the county aforesaid, were found in company with slaves, at an unlawful meeting of the said slaves, held at in the county aforesaid, on the

day of

last past (or did harbour or entertain a slave belonging to without the consent of the said as the case may be) contrary to the act of the general assembly in that case made and provided. These are therefore, in the name of the commonwealth, to require you to apprehend the said A O, B O, and C O, and to bring them before me, or some other justice of the peace for this county, to be dealt with according to law. Given under my hand, &c.

[blocks in formation]

The fine is three dollars for being at an unlawful meeting, and ten for harbouring, and the form of the judgment may be the same as in precedent (C).

(F) Warrant against an under sheriff, sergeant, or constable, failing to do his duty in suppressing unlawful meetings, and apprehending the offenders, on sect. 15, of 1 Rev. Code, p. 415.

county, to wit.

Whereas it appears to me, J P, a justice of the peace for the county aforesaid, from the testimony of A J, that on the day of last past, A C, a constable of this county, had information of an unlawful assembly of slaves, then met at in the county aforesaid,

at which unlawful meeting were present A O, BO, and C O (describe them as above) contrary to the act of the general assembly in such case made and provided; and that the said A C did then and there fail to do the duty required of him by law, in suppressing the said unlawful meeting, and apprehending the persons so assembled. These are therefore to require you to summon the said AC to appear, &c. Given, &c.

[blocks in formation]

(G) Warrant to search for out-lying slaves, on sect. 20.

county, to wit.

peace for

JP and JP, two of the commonwealth's justices of the the aforesaid county, to the sheriff of the said county, and to the keeper of the jail of the said county, greeting:

to

557

Whereas we have received information from A J, that two or more slaves, viz. A, a slave belonging to and others unknown, have run away from their said masand B, a slave belonging ters, and are lying hid and lurking in this county, killing hogs, and committing other injuries to the inhabitants of this commonwealth. These are therefore to command and require you, the sheriff of the said county, to take such power with you as you shall think fit and necessary for the effectual apprehending such out-lying slave or slaves, and to go in search of the said slaves, and upon their being appre hended, to commit them to the jail of this county for further trial; and you, the keeper of the said jail, are hereby required to receive the body of the said slave or slaves, and the same safely to keep within your jail, till he or they shall be thence discharged by due course of law. Given under our hands and seals, &c.

(H) Order of a justice for committing a slave to jail, who is suffered to go at large and hire himself out, on sect. 26. See form (X).

county, to wit.

Whereas A, a slave belonging to

of the county of

hath been apprehended in this county, and this day brought before me, JP, a justice of the peace for the said county, by AJ, for having been permitted by the said contrary to the act of the general assembly in such case made and proto go at large, and hire himself out, vided; and it appearing to me, that the said A comes within the perview of the said act. These are therefore to require you to receive the body of the said A, and him safely to keep in the jail of the said county, until the next court to be held for the said county, or until he shall thence be discharged by due course of law. Given under my hand, &c.

To the keeper of the jail of

county.

(I) Warrant to commit an emancipated slave to jail, found out of the county in which he resides, without a certificate of his emancipation, on sect. 40.

county, to wit.

To the keeper of the jail of the said county.

I send you herewith the body of a resident of the county of an emancipated slave, and this county, without a certificate of his emancipation, under the act of who hath been found travelling in the general assembly in such case made and provided. And you are hereby commanded to receive the body of the said and him

safely to keep, until such certificate of emancipation shall be produced, and your legal fees as jailor paid; or until he shall otherwise be discharged by due course of law. Given under my hand and seal, &c.

(1, 2) Warrant for employing a negro or mulatto, without a certified copy of his register, on sect. 3 and 6, of act of 1793, ch. 163.

[blocks in formation]

Whereas information hath been given to me, JP, a justice of the peace for the county aforesaid (or an alderman of the said city) by AJ, that B O, of &c. did, within days last past, employ a negro (or mulatto) named who professes to be free, without having a certified copy of his register of freedom, as required by law. These are therefore to require you to summon the said BO to appear before me, or some other magistrate for the county (or corporation) aforesaid, to answer the said complaint. Given, &c.

[blocks in formation]

(1, 3) Commitment of a negro or mulatto, for neglecting to produce a copy of his certificate of registry, on sect. 4 and 8, of act of 1793, ch. 163.

[blocks in formation]

To the keeper of the jail of the said county (or corporation.) I send you herewith the body of who professes to be a freeman, and who hath been found employed in this county (or corporation) without a copy of his certificate of registry, certified by the clerk of the said county (or corporation) as required by the act of the general assembly in that case made and provided. And you are hereby commanded to receive the said in your jail and custody, and him safely keep, until such copy of his registry be produced, and your legal fees as jailor paid; or until he shall otherwise be discharged by due course of law. Given under my hand and seal, &c.

Formerly the magistrate who committed a slave for felony was directed to issue his warrant to the sheriff, requiring him to summon a court to meet at a certain day, not less than five nor more than ten days from the time of the commitment. As the law now stands, the magistrate is not directed to issue any warrant for convening a court, but the sheriff is to do it within the time before limited. How is the sheriff to know that a court is necessary, without some infor mation from a magistrate? Is he bound ex officio to take notice that a slave is committed to jail for further trial? when perhaps such slave is conveyed to prison by a constable, and put into the custody of the jailor. It seems therefore necessary, though not expressly directed by law, that the magistrate should, on the commitment of a slave for further trial, give information thereof to the sheriff. On this supposition I have added the following:

(J) Warrant to convene a court for the trial of a slave.

county, to wit.

To the sheriff of the said county.

of this county,

Whereas A, a negro man slave, belonging to hath been this day committed by me to the jail of the said county, for (describe the offence) in order to undergo a further trial for the said offence. These are therefore to require you to summon a court, consisting of five justices of the peace of this county at the least, none of whom have an interest in the said slave, to meet at the court-house of this county, on some day to be appointed by you, not less than five, nor more than ten days from the date hereof, to hold a court for the trial of the said slave, according to law, at which time and place you are to attend. Given under my hand and seal, &c.

The act of 1788, c. 23, having repealed the former law, exempting a person from prosecution of any kind for the death of a slave during his correction; and from any punishment for manslaughter committed on the person of a slave; the material distinctions which formerly existed between them and the whites, in capital cases, are in a great measure done away. Nor will any difference be found in the mode of proceeding and punishment for similar offences, except what has already been remarked in the foregoing law, and what will appear in the following precedents.

The warrant for apprehending a slave charged with felony is the same as that for a white person for a like offence; the same may be said of the mittimus, but the indictment being made before a court, instead of a jury, must necessarily vary in some of its formal parts.

(K) Indictment against a slave for felony.

county, to wit.

Be it remembered, that on this

day of

in the year

A A, attorney for the commonwealth in the county aforesaid, who prosecutes for the said commonwealth in this behalf, comes into court here, in his proper person, and for the said commonwealth, gives the court here, viz. J P, &c. (here name the justices sitting) to understand and be informed, that B, a negro man slave, the property of on the day of in the year at the county of aforesaid, did feloniously, &c. (here describe the offence particularly, as in indictments for similar offences against white persons; the forms of which, adapted to each particular crime, may be found interspersed under their proper titles throughout this book. clude as in other indictments) against the peace and dignity of the commonwealth,' (and then add) Wherefore, the said attorney for the Commonwealth prays, that judgment of the law may be passed on the said B, for the said offence.

Con

(L) Indictment for the murder of a negro man, by beating him to death with a stick.

to wit.

day of

at the county of

[ocr errors]

·

The jurors for &c. upon their oath do present, that A O, late of the county of labourer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the in the year with force and arms, aforesaid, in and upon a certain negro man slave, named B, the property of (or if the negro is not known say slave,' to the jurors aforesaid unknown) then and there being in the peace of God and of the said commonwealth, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said A O, with a certain large stick of no value, which he, the said A O, in his right hand then and there had and held, him the said negro man slave (if known, describe him as above, if not, say to the jurors aforesaid unknown') in and upon the head, and in and upon the left side of the breast of him the said negro man slave, then and there, at the county of aforesaid, feloniously, wilfully, and of his malice aforethought, divers times did strike and beat, giving unto him the said negro man (describe him as above) then and there, at the county of aforesaid, by striking and beating with the stick aforesaid, in and upon the head of him the said negro man (describe him as above) one mortal wound of the breadth of inches, and of the depth of inches; and then and there also, at the county of aforesaid, giving with the staid stick, to him the said negro man slave (describe him as above) in and upon the left side of the breast of him the said negro man slave (describe him as above) one other mortal wound, of the breadth of inches; of which said mortal wounds he the said negro man slave (describe him as above) then and there, at the county of aforesaid, in

inches, and of the depth of

stantly died: and so the jurors aforesaid, upon their oath aforesaid, do say, That the said A O, him the said negro man slave (describe him as above) at the county aforesaid, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace and dignity of the commonwealth.

The great variety of modes in which the act of murder may be committed, and the very particular description of the offence which is necessary in the indictment, has induced me to insert under title HOMICIDE, precedents for almost every case that can possibly occur; it would therefore be an useless repetition to give any more of them

here.

See title HOMICIDE.

(M) Warrant for the removal of a free negro or mulatto, out of this state, on 1 Rev. Code, ch. 164, sect. 1, p. 316.

county, to wit. To

sheriff.

Whereas upon the examination of A F, a free negro, as well as from the information upon oath of B W, &c. it appears to me, JP,

[ocr errors]
« AnteriorContinuar »