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An Act to repeal an act entitled an act, to repeal so much of the forty-eighth section of an act now in force in this State, as provides for the trial of Slaves for Capital offences, and directing the mode of trial in future. 1853-1854 157 (1853)

handle is hein.slavery/ssactstn0175 and id is 1 raw text is: 157

CHIAPTER LXXXVIII.
AN ACT to repeal an act entitled an act, to repeal so much of the forty-
eighth section of an act now in force in this State, as provides for the
trial of Slaves for Capital offenceq, and directing the mode of trial in
future, passed 9th November, 1815.
SECTION 1. Be it enacted by the General Assembly of
the State of Tennessee, That an act passed November
9th, 1815, prescribing the manner of trying and punish-
ing all manner of crimes that shall or may be committed
by any slave or slaves, be, and 'the same is hereby re-
pealed.
Sec. 2. Be it enacted, That hereafter all indictments
against any slave or slaves, in the circuit courts of this
State for the crime of murder, shall be held to include drime of mu-
a charge of' manslaughter, as in other indictments for
murder, and the circuit courts shall have as amplejuris.
diction in the trial of a slave or slaves charged with
manslaughter. as it now has with the trial of offences
committed by slaves punishable with death.
Six. 3. Be it enacted, That any slave or slaves, who
shall be found guilty on a charge of manslaughter, shall
upon conviction thereof, be punished with corporeal pun- Manslaugbter.
ishment, at the discretion of the jury trying the case,
not extending, however, to life or limb. Provided, that
in all such cases, an indictment or presentment shall
first be found by the grand jury, and the same laws and
rules, shall obtain as govern the trial of slaves for higher
offences.
SEc. 4. Be it enacted, That in all cases arising under
this act, costs shall be paid as provided in other off-nces Costs.
by slaves within the jurisdiction of the circuit court.
SEc. 5. Be it enacted, That in all cases where slaves
shall be convicted of an offence, which by the laws of
this State is punishable by death, such punishment shall
be inflicted in the county where such offence shall have
been committed.
WNI. H. WISENER,
Speaker of the House of Representatives.
EDWIN POLK,
Speaker of the Senate.
Passed, November 18, 1853.

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