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An Act to amend an act, entitled An act to incorporate the town of Hamburg, and for other purposes 1837 60 (1837)

handle is hein.slavery/ssactssc0297 and id is 1 raw text is: C-IAPTER XXX. AN ACT TO AMEND AN ACT, ENTITLED AN ACT TO INCON- PORATE THE TOWN OF HAMBURG, AND FOR OTHER PUR- POSES, PASSED ON THE NINETEENTH DAY OF DECEMBER, IN THE YEAR OF OUR LoaD ONE THOUSAND EIGHT HUN- DRED AND THIRTY-F IVE. SEC. 1. Be it enacted by tIe Honorable the Senate and Ho use of Representatives, now met and sitting in Ge- When trial by ?2eral.1ssembly, andby the authority qf the same, That ou or ses- from and after the passing of this Act, when an offence by a free white person against an ordinance of the Town Coun- cil of Hamburg, is charged, for which a fine not less than Twenty-Dollars, has been ordained, trial shall be had by indictment in the Court of Sessions for Edgefield district; and in case of conviction, collection made as in other cases of fines in that Court ; if the fine ordained may, according t1n 'y to discretion, he above or below twenty dollars, the Coun- cil may, according to its opinion of the case, try the offen- der, and upon conviction, inflict a fine less than twenty dollars, or direct proceedings in the Cout of Sessions, as aforesaid. If the fine ordained be less than twenty dollars, the Council shall summon and try 'the offender by such pro- ceedings, as it shall have ordained. Provided, that in all ig olPpeaI.cases where the fine shall exceed Ten Dollars, the parties shall have the right to appeal to the Court of Sessions and Common Pleas for Edgefield District, on giving bond and .ines ---how tosecurity to the same with effect, or pay the fine imposed.- ho Co ectod. All fines inflicted by the Council shall be collected by fieri facias, or if that be returned nulla bonab, by a capias ad satisj'aciendum, which if not paid, may be discharged by schedule and assignment, according to the provisions of the prison bounds act, after five days notice to the Intendant, or either of the Wardens. 'oweroftrying SEC. 2. The Council shall have the power to ordain the alaves and free personeoc color mode of' trying slaves and free persons of color, for any vio. lation of its ordinances, and as to all offences not capital, committed by such persons, shall have the power of a Court of Magistrates and Freeholders, organized according to law; Provided, that nothing herein contained shall be construed to give the Council exclusive jurisdiction in the trial of slaves and free persons of color. Power of rvgu- SEC. S. The power and duty of organizing, superintend- lIting Patrol, ing and regulating the patrol in the said Town of Hamburg, are transferred to the said Council, and it is for that purpose vested with the powers in that respect, exercised by a cap- tain of a Beat Company, and a Court Martial, and severally and collectively, the members of the said Council made sub- ject to like penalties for neglect of duty. And the said Council is further empowered, by suitable ordinances to di- JDuc. 16:7.

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