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An Act to amend the laws in force respecting the trial of slaves in capital cases. 1816 10 (1816)

handle is hein.slavery/ssactsnc0034 and id is 1 raw text is: xawg ofL 1816. of color, or the master, agtnt or attorney of such importer or importers, and such sale or pur. chase shall not be merely colorable to defect or evade the provision of this act, in that case the sheriff in whose county such negro, mulatto or person of olorisfanduiid th sheriff of the county where such purchaser resides, shall not proceed to sell such negro, mulatto or per son of color, but upon due proof being made of such sale and purchase betore the chief or other Justice of the supreme or superior courts, such chief or other Justice shall give to such purchaser a certificate under his hand directed to the sheriff of the county where such negro, mulatto or person of color is or the purchaser resides, specifying the negro, mulatto or person of culor, with respect to which such proof shall have been exhibited and on receipt ofsuchcertificatt such sheriff shall execute and deliver to such purchaser or his representative a. bill of sale for such negro, mulatto or person of color and the bentfit of this section shall extend to the assig. nee or assignees of such purchaser. as well as to such purchaser and his representatives. VIII. Andbe it further enacted, That the several provisions of this azt shall extend and ap., ply to every negro, mulatto and person of color, the issue of. any negro, mulatto or person of color so imported as aforesaid. CHAP. XIII. On act concerning Public Jails, Court Ilouses and Stocks. ounty Court BE it enacted by the General .Assembly of the State of North. Carolina, and it is hereby enac. o lay a tax. ted by the authority of the same, That the Jiistices, in the several counties in this state, shall from time to time lay a sufficient tax to erect, and keep in good repair, the public jail, court- house and stocks, in their respective counties, and the public jails shall be constructed in the manner and with the number of apartments now directed by law. Jailer's duty. 11. Be it further enactcd, That it shall be the duty of the jailor, or keepe;.of any public prison, to dense each and every day, the room of the prison in which any person shall be con- fined, and cause all-filth to be removed therefrom, and also to furnish to the prisoner or pri- soners, confined in said jail, good and wholesome water, at least three times in each and eve. ry day. Duty of Grand III. Be itfurther enacted, That it shall be the duty of the grand jury,!n each county, at Jury. every court holden for the said county, to visit the jail of said county, and examine the apart- ments, in which prisoners shall be confined, and they shall report to the court the condition of the said jail, ard of the prisoners confined therein, and also shall report to the court the man- ner in Which it shall appear to them, the jailer has discharged the duties imposed by this act. IV. Be itfurther enacted. That the county courts shall regulate the allowances to be made to persons summoned to guard their respective jails. CHAP. XIV. On act to amend the laws in force respecting the trial of slaves in capital cases. Trial of slaves. BE it enacted by the General Assembly of the State of North Carolina, andit is hereby enac- ted by the authority of the same, That in all cases i which a slave or slaves shall be charged with the commission of an offence, the punishment whereof may extend to life, the superior courts of law shall have exclusive jurisdiction within their respective counties, the trial shall be conducted in the same manner, and under the same rules, regulations and restrictions, as tri- als of freemen for a like offence are now conducted, except as is hereinafter provided, and no- tice of trial shall be given to the owner or owners of such slave or slaves, in the manner now directed in the case of the trial of slaves in the county courts. Removal of II. Be it further enacted, That such cases may be removed for trial to an adjoining county, trial. upon aflidavit of the owner, or in his absence, of the council of such slave or slaves, in the same manner as causes may now be removed by freemen. III. Be it further enacted, That a slavq shall not be tried for a capital offence, but on pre- sentment or indictment of the grand jury, and on his trial shall be entitled to the right of challenge for cause only, which challenge he shall wake by and with the advice and assis- tance of his owner, or in his absence, of his counsel. IV. Be it further enacted, That a slave convicted of a clergiable offence, shall be entitled to the benefit of clergy, inlike'manner with a free man. Court of Oyer V. Be it further enacted, That in all-cases of conspiracy, insurrection or rebellion of slaves andTermuar. upon the information, and at the request of any five justices of the peace of the county in which such conspiracy, insurrection or rebellion shall happen, it shall be the duty of the gov- ernor, for the time being, to issue a commission (if oyer and terminor, to ainy of the judges of the superior courts of law, for the trial of such slaves, in the manner prescribed in the act of 1777, chapter 2, and of 1779, chapter 6. VI. .Re 'it further enacted, That all laws, and clauses of laws,which- come within the mean ing and purview of this act, be and the same are hereby repealed. CHAP. XV. An act concerning the estate of persons d ying intestate. WHERE AS greatloss to estates is sometimes suffered, where persons die intestate during koreamble, the 'recess of the county ccuite, for the want of authority, in same persop, to collect the as- sets, and expose to.sale such parts thereof asare 1kely to perish, tr be much impaired in va- lue, before.the sitt.ng of the next court of pleas and quarter sessions, of the county in which the said deceased had his last usual place of residence. BE it enacted by 4/4elGeneral.lsembly of the State of North.Carolina, andit is hereby enac- fac st4 led by the authority.of ;4e same, That where any person shall die intestate, and his or her co- tion granted. tate is in such sittialisi as to require the immediate care of some discreet pCrson, it shall be lawful for any three justides of the peace, of the county in which the deceased had his or her last usual place of residence, to meet together at the clerk's dflice, of the said county, and to -grant to some discreet perinh, special letters of administration on the estate of tke said deceas- ed, authorising and empowering said person to collect and take into his her possession the es- tate of the said deceased, until the next ensuing court of pleas and quar-er seasions of said county, and to ex' sq to public sale. upon a, redit, not more than twelve, nor legs than 6 months, Digitized from Best Copy Available

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