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![handle is hein.slavery/ssactsva0601 and id is 1 raw text is: Pree Negroes-Slaves-l, ugities f-ont Jusice. 67
Cii'P. 95.-An ACT prescrihing tile mode or proceeding in cases of coloured
persons, charged witll or convicted of crime, as free persons, when they are
claimed as slaves.
[Passed Mtardh 5, 18.1L.]
1. Be it enacted by the general assembly, That hereafler when- Heuw right to
sinvest llresets-
ever a coloured person is charged before any court of' this coin-ted.a froelier-
mnonmwealth, as a free person, with any crime, it shall be lawful for slto be i-
any person or persois claiming that such person of colour is his, her stru.
or their slave, by plea to assert such claimi, thereupon it sliall be the
duty of the court aforesaid, before the fact of guilt be tried, to order Jury to try tie
a jury to be eunpannelled to try tme question, whether such coloured 'Incstlol.
person is or is not time slave of the person or persons claiming as
aforesaid, and the attorney for the comnmoiwealth shall be counsel cul,,...-
w tlnl tttur-
for the prisoner. If the jury shall find that the prisoner is a slave, ,.,yncou.,,el e br
the court shall make an order directing said slave to be proceeded i',,.er.
rf slaves, to be
against as a slave, and if necessary for that purpose shall remand the lo ecd us
prisoner to jail. 011:,.
2. Be it f'urthier cuaced, Ihat if any person of colour shall now iow right Io
siaves, coinedwi
or hereafter be in confinement in the public jail and penitentiary, it penilentmary
under sentence as a free person, it shall be iavful fbr tile judge O'or'e pers,,,s,
the circuit superior court of law and chancery for the county of
Ilenrico and City of Itichmond, on the law side thereol; upon the
petition of any person or persons claiming such coloured ptrson as
his, her or their slave, verified by affidavit, setting forth such claim,
and that the petitioner or petitioners have not had an opportunity of
being heard on their said claim, in tIle court before which such pri-
soner was tried, to issue his warrant to the keeper of the penitentiary,
requiring himu to bring tei said prisoner before said court at its flion
or next term, with t statement of' tile cause of his confinement ; amid Jury In Iry fict.
thereupon the said court shall order a jury to be eipannelled, to try
the question, whether such colouredl person is or is not the slave of
the petitioner or petitioners, and to assign the conumonwealh's at- Counsel rr pri-
toruey as counsel for the prisoner, as well as for the commonwealth, 11er amllll1tltAteltlll.
and it' die said jury shall find for the petitioner or petitioners, it shall Ii. Iv.st be
be the duty of the court, by its order, to direct the said slhve to ,lie wmret. i
delivered to his or her owner or owners : Provided, They, or some owner to give
' s It lind to bive
one for them, shall first enter into bond, withi one or more sUlllC el slae fortlcom-
securities, in a penalty to be fixed by said court, not less than doji- Il., wel prose-
ble the value of said slave, conditioned to have tile said slave forlh- 'i..t''r prose.
coming, to answer a prosecution for tie ol['ence with which l1e was cthiii ittied.
charged, if demanded within twelve months by any officer of tile
law, unless such slave shall have been fiirly sold by public aiction
and removed beyond the limits of Virginia: And provided (tl.o, ir ,,ic: ti, im.
That if the olrence witlh which the said slave was charged le pn t ,,,:t, withb
nishable by death, the said circuit superior court shall, by its War-ri',,m,.,lino Jail.
rant, remand him at the cost of tihe owner to the jail of the county
in which tie oflbece was committed, to be dealt with according
to law.
3. This act shall be in force from the passing thereof. C,,mmeme,nt.
CHAP. 9.-An ACT amending the act, entitled 99an act to prevent the ci.
tizeis of New York from carrying slaves out of this coinmonwealth, and to
prevent the escape of persons charged with the commission of any offl'nc',
passed March 13th, 1841, and all acts amendatory thereof.
[PI'ssed March 5, 1846.]
1. Be it enacted bnl the general assewbly, That time i'ct, entitled raws r,,r inser.-
an act to prevent the citizens of New York from carrying slaves lion vessels re
out of this commonwealth, and to prevent the escape of personsa ld.
L.e MW 18,10,41,
c. 72, pt. 711-802;](ViewImageLocal?handle=hein.slavery/ssactsva0601&div=1&collection=&method=preview&ext=.png&size=3)