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An Act for the regulation of Magistrates and Constables, in the Parishes of St. Philip and St. Michael. 1829 28 (1829)

handle is hein.slavery/ssactssc0220 and id is 1 raw text is: Ded 1829. CHAP. 11.-AnACr for the regulation of Magistrates :td Constablcs!
in the Parishes of St. Philip and St. Michael.
[Sec. 1.]  Be it enacted by the Senate and House of Repre-
sentatives, now met and sitting in General .8sseinbly, and byn
Free persons the authority.of the same, That all free persons of color, being
of colour to convicted by a court of magistrates and freeholders, within the
pay costs,  parishes of St. Philip and St. Michael, shall pay the cost of their
prosecution, unless the magistrate be satisfied of their inability
to do so, in which.case, the said fees shall be charged to the
state.
Sec. 2. And be itflirther enacted, That in all prosecutions
state to pay against slaves, within the said parishes, the cost of the prosecu-
costs oftials tion shall be charged to the state, except the court shall be of
of slaves. opinion, that the prosecution was groundless and malicious, in
which case, they shall order the costs to be paid by the prose-
cutor, if able to pay them.
Sec. 3. And be it further enacted, That the oath of the
Magistrates magistrate, within the said parishes, as to the services render-
oath to estab- ed, and as to his belief of the inability of the prosecutor or
lishhisclaim. party liable for costs, to pay them, accompanied by the certift-
cate of the clerk of the court, where the proceedings have been
returned into court, shall in all cases be sufficient to establish
the magistridte's right to payment from the legislature.
Sec. 4. And be it further enactedl That the oath of the con-
And consta- stable, within the said parishes, as to the services rendered, ac-
bles oath to companied by the certificate of the magistrate, that the services
establish his, have been rendered, and that he believes the party liable for
costs unable to pay them, and also by the certificate of the clerk
of court, where the proceedings have been returned into court,
shall in all cases be sufficient to establish the constable's right
to payment from the legislature.
Sec. 5. Ad be it further enacted, That any constable, with-
Penaltyfor  in the said parishes, neglecting or refusing to return an execu-
notreturning tion or other process, or to pay over money when collected by
executions. him, to the party entitled to it, in any action,-shall be liable to
be ruled before the magistrate who issued the process, or any
other magistrate within the said parishes, to be attached, and.
committed to prison, until he purges his contempt by paying the
money or otherwise complying with the mandate of the court.
Sec. 6. And be it further enacted, That any mitgistrate,
Penalty for iithin the said parishes, who shall receive money for anny suitor
not paying  before him, and neglect or refuse to pay it over to the party en-
oer money. titled to it, shall in like manner be liable to rule, attachmoent,
and imprisonment for contempt, before any of the judges of the
court of Common Pleas, in open court, or at chambers, or the
recorder of the city, as the case may be.
Penalty for  Sec. 7. J.,g be it furthek enacted, that any freeholder, within
nt ervig  the said parishes, who shall neglect, when duly summoned, to
as a fIeehol- attend a magistrate's court, shall forfeit and pay to the state,
der.       the sum of live dollars, to be recovered by warrant under the

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