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An Act to amend the Black Code. 1830 144 (1830)

handle is hein.slavery/ssactsla0153 and id is 1 raw text is: 144 AN ACT to amend the. Black Cole. gection 1. le it enacted by the senate and house of repreentat(ves of the atit Maves not to of Louiidna, in generakassemblyconvened; That it shall not be lawl for any e lri tout slave in this state, to sell, barter, exchange, give, or deposit, or offer to sell, thority. barter, exchange, give, or deposit, to any free person, any species of property whatever, without the authority of his, her, or their -owner or owners, spe- cially set- ing forth the articles to be sold, or in the absence of the owner or owners, without She written authority of the overseer or otherperson having charge of such slave or slaves, under the penalty of corporeal punishment, not exceeding twenty stripes lor the first offence, and forty stripes for the se- -cond offence, or any subsequent offence, to be inflicted by the order of any justice of the peace, town constable, or olicer of patrol, having the police of slaves in this state. Yeixalty for Sec. 2. Be it further enacted, &c. That if any free person in this state; purchasing shall purchase from any slave or slaves, any species of property whatever, or on a slave. receive in exchange, or acquire by barter or gift, or receive on deposit, any species of property whatever, from any slave or slaves, such slave or slaves not being specially authorised in writing, as provided for in the first section of this act, to sell, barter, exchange, give, or deposit the articles purchased or re- ceived inr exchange, or acquired by barter, gift, or deposit, such free person or persons shall, for every such offence incur the penalty of fifty dollars, to be recovered before any Justice of the peace or other court of competent juris- diction, one half for the benefit of the owneror owners of the slave or slaves, and the other half for the benefit of the informer, not betng owner, and if own- er the whole penalty shall insure to his, her or their benefit; and on the trial of any -such free person for acquiring by purchase, barter, exchange, gift or de- posit, any species of property from a slave, such slave not being authorised at required by the first section of this act, to sell, barler, exchange, give; or de-- posit certain speci. s of property, the fact of purchasing, bartering, exchang- ing, giving, or depositing, being proven, it shall be pretu.red that such sale, barter, exchange, gift, or depozit wais made without the.written authority con- tinplated in the first section of this act, unless the defendant produces in open court, in his defence, such written authority as is hereinbefore contemplatedy setting forth the articles authorised to be sold, bartered, exchanged, given, or deposited. Sec. 3. Beitfurther enacted, &c. That it shall not be lawful for any free Penalty for person in this state, to sell, barter, or exchange, to any slave or slaves, any spe- selling toa cies of ardent spirits, or with the view to defeat tLe provisions of this section, elave, to treat or to give to any slave or slaves, any quantity of ardent spirits more than one gill in the same day, or to more than one slave at a time, under the pen- alty of fifty dollars for every such offence, to be recovered before any justice of the peace, or any court of competent jurisdiction; one half to the use of the-owner, and the other half to the use of the informer, not being owner, and if owner, then th.- whole penalty for the benefit of the informei and owner. Sec. 4. Be it furiher enacted, &c. That upon the trial of any free person for a violation of any of the.provisions of this act,it shall and may be permitted laterrogato- the informer torequire such person or persons to answer oh oath in open court, .Aes* interrogations tending to establish the charge against such person or persons, un- der this act, and that it shall be the duty of such person or persons defendant, to answer such interrogations on oatli in open court, within the delay granted by the court; and in case of refusal to answer such interrogations, or if the answer shall be insufficient, the interrogations not answered, or insufficiently answer- ed, shall be taken as confessed, the provisions of any previous law to the con- trary notwithstanding; and should the defendant refuse to pay the fine above mentioned, he shall be proceeded against as in ordinary civil cases, and be compelled by capias ad satisfaciendum,

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