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An Act to prohibit the emigration and settlement of Free Negroes, or Free Persons of Color, into this State. 1842-1843 61 (1842)

handle is hein.slavery/ssactsar0046 and id is 1 raw text is: 61 An Act to prohibit the emigration and settlement of Free Negroes, or Free Persons of Color, into this State. SECTION 1. Who shall be considered mulattoes within this act. 2. Prohibits the emigration of such, af- ter March, 1843. 3. Those already here, to prove their freedom before the couty court. 4. Bond to be requfred. Nature and amount of same, 5. Failing to comply, they are classed with those who disobey this law. 6. Punishment for violation hereof. 7. Duty of Judges, as regards this mat- - ter, pointed out. 8. Order to depart, when made. 9. Duty of the Justice of the Peace, herein. SECTION 10. When Justice to commit, and for how long. 11. What mulattoes are exempt from this law. 12. Person bringing a free man of color, to reside, subject to a fine. 13. The last section not to extend to mas. ters of steam.boats or travellers. 14. Conflicting laws repealed. 15. How security in any bond, may sur. render mulatto. 16. What time is given to any mulatto who has been surrendered, to re- new his bond. Be it enacted by the General Assembly of the State of Arkansas, That every person, except a negro, whose grand-father or grand-mo- ther shall have been a negro, although all his progenitors, except those descending from the negro, shall have been white persons, shall be deemed a mulatto; and every person, not a full negro, who shall be one-fourth or more negro, shall be deemed a mulatto. SEc. 2. No free negro or mulatto shqll, after the first day of March, 1843, be permitted to emigrate to, or settle in, this state; and every person who shall, in this state, employ, harbor, or conceal, any negro or mulatto acting as a free person, who shall have emigrated to, or settled in, this state, after the first day of March, 1843, shall forfeit and pay, for every such offence, any sum not exceeding five hundred dollars, to be recovered by indictment, for the use of the county in which such person may reside, and shall also be liable for any costs or expenses which the county may in anywise incur on account of said negro or mulatto. And the person sooffending as aforesaid,shall be further liable-to any person in this state for any loss or injury they may sustain by the wrongful acts of said negro or mulatto, either in their person, or their money or property, of any description what- soever, to be recovered by an action on the case, at the suit of the party so injured. SEc. 3. And be it further enacted, That every free negro or mulatto who resides in this state, or who may. emigrate and settle here before the first day of March, 1843, may continue to reside in this state; Provided, They shall, on or before the first day of July, 1843, exhibit and produce before the county court of the county in which they may claim to reside, a certificate of his or her fireedom, and shall at the same time establish, by the testimony of one or more competent wit- nesses, that he or she emigrated to, and settled in, this state before the first day of March, 1843. And it shall thereupon be the duty of the clerk of said court to register the name of the said negro or mu-

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