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Of criminal proceedings against slaves, free negroes and mulattoes. 1847 162 (1847)

handle is hein.slavery/ssactsva0634 and id is 1 raw text is: Proceedings against Slaves and Free Negroes. CHAP. XXVI. OF CRIMINAL PROCEEDINGS AGAINST SLAVES, FREE NEGROES ANn MULATTOES. SrCTION SECTION 1. County and corporation courts, I. Slave guilty of misdemeanor, how when courts of oyer and termi- tried. ner. 12. Free negroes, &c. how tried for 2. Justice of peace, when disqualified misdemeannors. to sit. 13. Appeal front decision of justice. 3. Counsel to be assigned slave. 14. flow tried. 4. When court to be unanimous. 1. Persons suing for freedom, how 5. Testimony, when to be recorded, tried. &c. 16. Convict in penitentiary claimned 6. Continuances, when allowed. as slave, what proceeding to be 7. Value of slave condumned to be had. paid owner; how ascertained. 17. Same subject. 8. Salie -subject. 18. Same subject. 9. When not to be paid. 19. Convict executed claimed as slave, 10. Slavwi escaping after sentence and what proceeding to be had. retaken, how identified, &c. 20. How value ascertained, &c. courtsor oyer 1. The county and corporation courts, consisting of five justices flownsite d at the least, shall be courts of oyer and terminer, for the trial of to iy slaves anit slaves charged with any felony whatever, and of free negroes and free negroes, mulattoes charged with any felony except in cases of homicide, and Trial without vhcre the punishment may be death. Such trial shall be without a jury. jury, upon a charge entered of record, properly setting forth the of. Fence, and not by presentment, information or indictment. Justice disquall- 2. No justice of the peace, having interest in any slave charged fled whoal inlte- tested. with felony shall sit on his trial. counel to lie as- 3. It shall be the duty of the court, on the trial of any ,lave charged signed slave. with felony, to assign hiti competent counsel to assist him it his de. fence; and a fee not exceeding twenty-five dollars, to be ascertained by the court, shall be allowed such counsel and be paid by the owLer. court to lie una. 4. No slave shall be condemned to death, and no free negro or ninlos to Coll- den slave or mulatto shall be condemned to the penitentiary, unless all the j-stices free regro. sitting on his trial shall agree in the sentence. Testimony wlea 5. When any slave sliall be condemned to death, or any free negro to le recorded, or mulatto to the penitentiary, the court shall cause the testimony given oil his trial to be committed to writing, and filed of record; Pmocedings and it shall be the duty of the clerk forthwith to transmit it copy of lrassmlttcd t the whole proceedings to the executive. executive. Contiuances, 6. The court shall have power, for good cause shown, to continue whenasnowed, such trial from term to term : Provided, That such continuance shall not be beyond the third term after the accused shall have been cora- mitted for trial, unless on his own application, or it shall appear that the witnesses on behalf of the colnmonwealth have been enticed or kept away, or are detained and prevented from atteling the court by sickness or some inevitable accident. Value of can- 7. The value of a slave condemned to death shall be paid to the denid slave t) owner by the commonwealth ; suich value shall be the cash price for which such slave would sell at public sale with a knowledge of his now asceitaled. guilt; and it shall be the duty of the court to ascertain such value and enter the same of record. Value of slave 8. If any slave condemned to death, be a slave for a term of years for ycais or air only, or for the life of another person, lie shall be valued only at the price which lie would be worth for his term of service.

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