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An Act preventing constables from executing and selling negro slaves under execution, and for other purposes. 1827 41 (1827)

handle is hein.slavery/ssactsar0006 and id is 1 raw text is: 41 An act preventing constables from executing and selling negro slaves under execution, and for other purpose.. Sec. 1. Be it enacted by the General Assem- bly of the Territory af Arkansas, That from and after the taking effect of this act, negro Negro shaves slaves shall not be subject to any execution or jct tobe sub- other process issued from a justice of the peace, under execu- but shall ondy be subject to execution from the tion from jus. circuit or superior courts of this territory, the nlees of the iatme as lands and tenements now are, and shall peae. ke. be sol.d in the same manner, and at the same time and place, as is now provided by law for the sale of real estate, under such execution or process n aforemaid. Soc. 2. le iL further enacted. That, when- ever any negro ilave or slav-s are seized or Pery toslaves levied upon. by the sheriff, by virtue ofany ex- exeYtved, ecution or final procesi as aforesa;d. and taken how tried out of the possession of any other person or per- sons, other than him, hier, or them, against whom said executtion issued, or if any other persons shall set up a cla)im or nemand to said slave or slaves, so levied on, it shall be the duty of the said sheriff, if so required, to sunimon a jury for the tria: ofthe right of property, in the same manner n is now provided for by law. Sec. 3. Be it further enaacd, That if said if verdict ot jury declare, by their verdict, the right and jury be in fa- property in said slave or slaves to be in and vorufetaim'.' then slave to vested in the person or persons setting up said 1e given lip: demand, then in such case said slave or slaves but if jury shall be released and delivered over by the declare pro- shcriff into the possession of the person or per- perty to be sons out of whose custody the same may have in execution. been taken, and shall not be again liable to be shffshall pro- taken on the same execution ; but if the jury, by ceed to sel). their verdict, declare the right and property to be vested in the defendant in execution, then and in that case the sheriff shall be indemnified in 4

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