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An Act concerning the trial and punishment of slaves, free negroes and mulattoes, in certain cases. 1827 29 (1827)

handle is hein.slavery/ssactsva0376 and id is 1 raw text is: In the $ffty.adcond Y r. V 0-As CommonweajqA, goods and chattels .wheresoever foundi, and; appropriated in the same manner as other fines of a like nature are directed to be applied by law. And should- any such offender fail to pay any such fine imposed upon him as aforesaid, and the costs or prose- cutionbefore tie expiFation of the term of imprisonment to which he may have been sentenced, he shall in such case remain in jail until said line bq paid: Provided, that the additional term foe Proyig. which any such offender may be imprisoned for failing to pay such fine, and the costs of prosecution, shall in no case exceed the term of six months, o be determined at the discretion of the court. 5. This act shall be in force from the first day of May next. Commencement. CHIAPFER 37.-An act concerning the trial and punishment of sives, free ne- groes and iouaitoes, in certain eases. ( Passed February 12th, 1898.) 1. Be it enacted by the General Assembly, That if any free per- change ofpunish. son of colour shall hereafter be convicted of any oflnce, the p. IInctnof ptesns ofcolour, from nishnient of which, as now prescribed by law, is stri es, transpor-. .. &. t li. tation and gale, every such person, so convicted, shall, for the first nitentinry confiae. offence, be sentenced to confinement in the public jail and peni. 111ent. tentiary, for a term not less than'five, nor more than eighteen years. 2. Antud be it further enacted, That if any free negro or mulatto, Confinement fot who shall be guilty of any of the ollhetces herein provided for, and life, when. shall be convicted thereof, and sentenced to confinement in the jail and penitentiary, as aforesaid, shall afterwards, having es- caped, or been pardoned, or otherwise discharged from confine- inent, commit any one of the offiences aforesaid, he or she, being thereof lawfully convicted, shall be sentenced to confinement in the public jail and penitentiary during his or her life. 3. And be it further enacted, That if any free ejerson of colour Notice of aeeon4 shall be convicted ant sentenced to confinement in the public jail conviction to li • veilto Perior and penitentiarY a second time, and it shall appeai o, the face of WI .... urior the record of the last conviction, that he or she ha- tio, bern sen.i Lh keeper of pe. tenced to the punishment above prescrihed for smch stcond con- i1tentiary. viction, and that the question of his or her foriner conviction, haid not been made on such last trial, it shall be the duty of the keep- er of the penitentiary to give inlrmation thereof to the superior court of Henrico; and thereupon the same proceedings shall be Proceedings had to ascertain wivether such convict be the same person men- thercupon. tioned in the record of such conviction, as are prescribed by lawv in relation to white persons so coniicted a second time; and the said court shall have Power, if the identity aforesaid be ascertained, to sentence the convict to imprisonment for life, in the same man. ner as free white persons are so sentenced. 4. And be it further enacted, That so much of the several acts, Repealoasnmue., as provides, that for any of the offences aforesaid, free negroes and ofact itfliting pu. mulattoes shall lie punished by stripes, transportation and sale, amment of • . , • , st.iVpes, transpor- shall be, and the same is hereby repealed: Provided, That nothing tsti., cn. herein contained shall be so construed, as to apply to any offence Not applienble to committed before the passage of this act; but every person, com- offences prior to mitting any such offence, may be tried and convicted, as if this act this act. had never passed: A nd provided, also, That it shall be hwful for Court when au. thorisetd to eom-

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