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An Act to amend the penal laws. 1845 54 (1845)

handle is hein.slavery/ssactsky0456 and id is 1 raw text is: . LAWS OF KENTUCKY. 1846. bad faith and to the prejudice of the estate represented by the executor or administrator, arid, thereupon, to move said court to permit him or her, by counsel, or in person, to appear and prosecute or defend such action or suit. SEc. '2. Upon such affidavit being made, it shall be the duty Andmayfile of such court to permit the person taking the oath prescribed any legalpleas. in the foregoing section, by his or her counsel, to appear and file any plea or pleas which may be legal, and to aid in the prosecution or defence of such suit. SEC. 3. Whenever an affidavit may be required from any Affidavit of party or parties to any suit pending in any of the courts of one of several this Commonwealth, where the party or parties complainant, persons part- ners compt or 0plaintiff or defendant, consist of more than one person, it def't valid as shall be lawful for any one of the parties complainant, plaintiff the affidavit of or defendant, to make such affidavit, which shall be as good all. and valid to all intents and purposes as if made by all the persons constituting the party or parties complainant, plain- tiff or defendant. Approved February 23, 1846. CHAPTER 417. AN ACT to amend the penal laws. SEc. 1. Be it enacted by the General Assembly of the Com. Free negroes monwealth of Kentucky, as follows: From and after the first not to manu- day of August next, it shall not be lawful for any free negro or facture spirits. mulatto to be engaged in the manufacture of any whiskey, bran- dy, or other spiritous liquors: Provided, however, That the provisions herein shall not apply to any free negro or mulatto laboring as a hireling for any white free person. SEC. 2. From and after the date aforesaid, it shall not be Or sell spir- lawful for any free negro or mulatto to sell in any quantity, to its,.uniy any person, any whiskey, brandy, or other spiritous liquors. SEC. 3. Any free negro or mulatto violatingany of the pro- Punishment visions of the foregoing two sections of this act, shall be lia- for so doing. ble to indictment by a grand jury of the county in which the offence may be committed, and fined in any sum not less than fifty dollars, nor more than three hundred dollars, and stand committed until the fine and costs are paid; one half of which fine, when collected, shall belong to the Commonwealth, and the other half to the attorney conducting the prosecution. SEC. 4. It shall be the duty of every Justice of the Peace Dutyofjus- within this Commonwealth, upon complaint made to him, that tices in a vio- any free negro or mulatto has violated either of the foregoing lation of this act. provisions of this act, in the county of such Justice, to issue his warrant, directed to the Sheriff or any Constable of such county, and cause the free negro or mulatto suspected, to be brought before him; and if, upon investigation, it shall appear to such Justice, that the defendant is guilty, it shall be the duty of the Justice to require bail in any sum not less than

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