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An Act relative to trials of Slaves. 1846 114 (1846)

handle is hein.slavery/ssactsla0294 and id is 1 raw text is: 114
No. 137.]                  AN ACT
Relative to trials of Slaves.
SECTION 1. Be it enacted by the Senate and House of Representatives
Tribunal for the of the State of Louisiana in General Assembly convened, That such slaves
Wral of atlives for
capital crimes, as may be accused of a capital crime, or of capital crimes, shall be tried
by a tribunal to be composed of two Justices of the Peace and ten owners
of slaves resident in the parish where the crime or crimes may have been
committed, provided that in the parish of Orleans the Judge of the First
District Court of New Orleans shall exercise all the powers and perform
all the duties conferred upon and required of the late Parish Judge of the
Criminal Court of the First Judicial District in the trial of slaves, for
crimes and offences committed by them, and which are of a capital nature;
and said trials in said parish of Orleans shall otherwise be conducted ac-
cording to the existing laws upon that subject.
SEc. 2. Be it further enacted, &c.; That whenever it shall be neces-
Duty of Justice sary to try a slave or slaves accused of a capital offence, the Justice of the
bes~io  ie Peace before whom, complaint shall have been made, shall notify a Justice
brought.   resident in an adjoining ward of the charge or charges that have been
exhibited against such slave or slaves, and shall require such Justice to
attend at his office the day after the recept of such notification, or as soon
afterwards as practicable, for the purpose of choosing ten persons, owner
of slaves, to assist at the trial of the accused.
SEc. 3. Be it further enacted, &c.; That such Justice shall select ten
Tribunalofown, owners ofslaves, resident in the parish, who sha!lhe summoned to assem-
ers or slaves.  ble on a day not to exceed the third from the date of such summons, or as
soon thereafter as possible, for the purpose of forming the tribunal desig-
nated in the first section of this act.
SEc. 4. Be it urther enacted, &c.; That such summons shall be served
Summons, by by the Sheriff or one of his deputies; in case of vacancy in the office of
whom served. Sheriff, or any interest such officer may have in the proceedings, they shall
be served by the Coroner; and in case there be neither Sheriff nor Coro-
ner, or both he interested, then by such officer as the said Justices shall desig-
nate; and the attendance of such jurors shall be enforced in the same man-
ner as that of other jurors may be enforced by the courts of this State.
SEc. 5. Be it further enacted, &c.; That in case there should not be
In case there be a Sifficient attendance of such owners of slaves to form such jury, then the
nmber of snv Justice present shall complete the said jury by selecting other persons from
owners.    the vicinity.
SEc. 6. Be it further enacted, &c.; That the District Attorney shall
DistrictAttorney prosecute all slaves who may be accused of capital crimes; he shall be
to prosecute.  notified of the day of trial and informed of the charge alleged, and on the
trial shall exhi Wt to the court a brief statement in Wilac cutin;
ns      rad the   N-vo the court, and shall conduct the prosecution in
every other respect.
SEC. 7. Be it urther enacted, &c.; That the following oath shall be
Oath taken by taken by the said Justices and owners of slaves, viz: 1, A B, do solemnly
Justice w'd owil.a
ers or staves. swear (or affirm as the case may be) that I will truly and impartially ex-
amine and judge the prisoner (or prisoners). who may be brought before
me; and that I will on my part carry into effect the laws of this State con-
cerning slaves to the best of my knowledge and ability, so help me God.
Snc. 8. Be it further enacted, &c.; That in case the offender or
Sentence.  offenders shall be convicted of any crime punishable with death, the said

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