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CODIFICATION
OF THE
STATUTE LAW OF GEORGIA,
INCLUDING THE
ENGLISH STATUTES OF FORCE:
IN FOUR PARTS.
TO WHICH IS PREFIXED
A COLLECTION OF STATE PAPERS,
OF
ENGLISH, AMERICAN, AND STATE ORIGIN;
TOGETHER WITH AN
APPENDIX, AND INDEX.,
AND ALSO
A COLLECTION OF LEGAL FORMS,
IN USE IN GEORGIA.
COMPILED, DIGESTED, AND ARRANGED, BY
WILLIAM A. HOTCHKISS,
BY AUTHORITY OF THE LEGISLATURE.
(SECOND EDITION)
AUGUSTA:
PUBLISHED BY CHARLES E. GRENVILLE.
1848 |
| ART. I. CRIMES, OFFENCES, AND PENALTIES |
| SEC. I CAPITAL OFFENCES
1. Capital crimes when punished with deaths.
2. When punished by death, or at discretion of the
court.
3. Punishment for manslaughter.
4. Punishment of slaves for striking white persons.
5. When the striking a white person justifiable.
6. Punishment for burning or attempting to burn
houses in a town.
7. Punishment for burning or attempting to burn
houses in the country.
8. Trial of offenders for arson.
9. Punishment of free persons of color for
inveigling slaves.
10. Punishment for circulating incendiary
documents. |
| SEC. II. MINOR OFFENCES.
11. Punishment for teaching slaves or free
persons of color to read.
12. Punishment of free persons of color for
trading with slaves.
13. Punishment of slaves for harboring slaves.
14. Punishment of free persons of color for
harboring slaves.
15. Constables authorized to search suspected
premises for fugitive slaves.
16. Persons of color not allowed to preach or
exhort without written license.
17. Punishment for preaching or exhorting without
license.
18. Prosecution by indictment.
19. Slaves giving information of design to poison,
how rewarded.
20. Punishment for giving false information.
21. Punishment of slaves for teaching other to
poison.
22. Punishment of slaves for killing, marking, or
branding cattle.
23. Offences not defined, how punished. |
| ART II. PROSECUTION OF OFFENCES. |
| SEC. I. COMMENCEMENT OF PROSECUTION
24. Tribunal for the trial of free persons of
color.
25. Arrests and trial of slaves and free persons of
color
26. Offences, how prosecuted.
27. Inferior court to be notified
28. Duty of justice notified.
29. Continuance may be granted for cause.
30. Clerk of inferior court to act as prosecuting
officer.
31. Accusation to be preferred by clerk in writing.
32. Record of proceedings, subpoenas for
witnesses, rules of evidence. |
| SEC. II. TRIAL.
33. Jurors, how drawn and summoned.
34. At what time jurors to be drawn.
35. Challenging jurors; number allowed state and
federal.
36. Oath of jurors.
37. Trial by jury.
38. Jury failing to render verdict, proceedings.
39. Jury may be completed by talesmen. |
| SEC. III. EVIDENCE
40. Persons considered competent witnesses
41. Slaves, when competent witnesses
42. Justice may compel the appearance and answer
of witnesses. |
| SEC. IV. VERDICTS, JUDGEMENT, AND SENTENCE.
43. Verdict and judgement
44. Sentence of death.
45. Punishment to be proportionate to the offence.
46. Suspension of sentence in minor offences. |
| ART. III. CORRECTION OF ERRORS, PARDON, EXECUTION, AND COSTS. |
| SEC. I. CORRECTION OF ERRORS.
47. Exception may be take; proceedings
48. When execution may be suspended.
49. When judge of superior court may fix day of
execution.
50. When new trial may be granted; proceedings.
51. Pardon of capital offences.
52. Offences not capital, court may grant time to
obtain pardon. |
| SEC. III. EXECUTION AND COSTS.
53. Execution of sentence.
54. Officer may press slaves to and in executing
sentence.
55. State not liable to owner for slave executed.
56. Expenses of prosecution, when paid by master.
57. When paid by the county.
58. Fees if officer executing sentence.
59. Clerk and sheriff's fees |
| ART. 1. CRIMES, OFFENCES, AND PENALTIES. |
| SEC. I. CAPITAL OFFENCES. |
| 1. Capital crimes when punished with death.
-- The following shall be considered as capital offences, when
committed by a slave or free person of color: insurrection, or an
attempt to excite it; committing a rape, or attempting it on a
free white female; murder of a free white person, or murder of a
slave or free person of color, or poisoning of a human being;
every and each of these offences shall, on conviction, be
punished with death. |
| 2. When punished by death, or at discretion
of the court. -- And the following, also, shall be
considered as capital offences, when committed by a slave or free
person of color: assaulting a free white person with intent to
murder, or with a weapon likely to produce death; maiming a free
white person; burglary, or arson of any description; also, any
attempt to poison a human being; every and each of these offences
shall, on conviction, be punished with death, or such other
punishment as the court in their judgement shall think most
proportionate to the offence, and best promote the object of the
law, and operate as a preventive for like offences in future. |
| 3. Punishment for
manslaughter. -- And in case a verdict of manslaughter
shall be found by the jury, the punishment shall be by whipping,
at the discretion of the court, and branded on the cheek with the
letter M. |
| 4. Punishment of slaves for
striking white persons. -- If any slave shall presume to
strike any white person, such slave upon trial and conviction
before the justice or justices, according to the direction of
this act, shall for the first offence suffer such punishment as
the said justice or justices shall in his or their discretion
think fit, not extending to life or limb; and for the second
offence, suffer death: but in case any such slave shall
grievously wound, maim , or bruise any white person, though it
shall be only the first offence, such slave shall suffer death. |
| 5. When the striking a white person
justifiable. -- Provided always, that such striking,
wounding, maiming, or bruising, be not done by the command, and
in defense of the person or property of the owner or other person
have the care and government of such slave, in which case the
slave shall be wholly excused, and the owner or other person
having the care and government of such slave, shall be
answerable, as if the act has been committed by himself. |
| 6. Punishment for burning or attempting to
burn houses in a town. -- The willful and malicious
burning or setting fire to, or attempting to burn a house in a
city, town, or village, when committed by a slave or free person
of color, shall be punished with death. |
| 7. Punishment for burning or attempting to
burden houses in the country. -- The willful and
malicious burning a dwelling house on a farm or plantation, or
elsewhere, (not in a city, town or village) or the setting fire
thereto, in the nighttime, when the said house is actually
occupied by a person or persons, with the intent to burn the
same, when committed by a slave or free person of color, shall be
punished by death. |
| 8. Trials of offenders for arson.
-- The trial of offenders against the provisions of this act,
shall be had in the same courts, and conducted in the same
manner, and under the same rules and regulations as are provided
by the several acts now in force in this state for the trial of
capital offences, when committed by a slave or free person of
color. |
| 9. Punishment of free persons of
color for inveigling slaves. -- If any free person of
color commits the offence of inveigling or enticing away any
slave or slaves, for the purpose of, and with the intention to
aid and assist such slave or slaves leaving the service of his or
their owner or owners, or in going to another state, such person
so offending shall, for each and every such offence, on
conviction, be confined in the penitentiary at hard labor for
one.(1) |
| 10. Punishment for circulating incendiary
documents. -- If any slave, Negro, mustizoe, or free
person of color, or any other person, shall circulate, bring, or
cause to be circulated or brought into this state, or aid or
assist in any manner, or be instrumental in aiding or assisting
in the circulation or bringing into this state, or in any manner
concerned in any written or printed pamphlet, paper, or circular,
for the purpose of exciting to insurrection, conspiracy, or
resistance among the slaves, Negroes, or free persons of color of
this state, against their owners or the citizens of this state,
the said person or persons offending against this section of this
act, shall be punished with death. |
|
| SEC.. II. MINOR OFFENCES. |
| 11. Punishment for teaching slaves or free
persons of color to read. -- If any slave, Negro, or free
person of color, or any white person, shall teach any other
slave, Negro, or free person of color, to read or write either
written or printed characters, the said free person of color or
slave shall be punished by fine and whipping, or fine or
whipping, at the discretion of the court. |
| 12. Punishment of free persons of color
for trading with slaves. -- If any slave or slaves, or
free persons of color shall purchase or buy any of the aforesaid
commodities(2) from any slave or
slaves, he, she, or they, on conviction thereof, before any
justice of the peace, contrary to the true intent and meaning of
this act, shall receive on his, her, or their bare back or backs,
thirty-nine lashes, to be well laid on by a constable of said
county, or other person appointed by the justice of the peace for
that purpose: Provided, that nothing herein contained shall
prevent any slave or slaves from selling poultry at any time
without a ticket, in the counties of Liberty, McIntosh, Camden,
Glynn, and Wayne.
|
| 13. Punishment of slaves for harboring
slaves. -- If any free person or any slave shall harbor,
conceal, or entertain any slave that shall run away, or shall be
charged or accused of any criminal matter, every free Negro,
mulatto, and mustizoe, and every slave that shall harbor,
conceal, or entertain any such slave, being duly convicted
thereof according to the direction of this act, if a slave, shall
suffer such corporeal punishment, not extending to life or limb,
as the justice or justices who shall try such slave shall in his
or their discretion think fit; and if a free person, shall
forfeit the sum of thirty shillings for the first day, and three
shillings for every day such slave shall have been absent from
his or her owner or employer, to be recovered and applied as in
this act hereafter directed. |
| 14. Punishment of free persons of color for
harboring slaves. -- All free persons of color within
this state, who shall harbor, conceal, or entertain a slave or
slaves who shall be charged or accused or any criminal matter, or
shall be a runaway, shall, upon conviction (in addition to the
penalty already provided for in said section(3)),
be subject to the same punishment as slaves are under said
section of the above recited act. |
| 15. Constables authorized to search
suspected premises for fugitive slaves. -- Any lawful
constable having reason to suspect that runaway slaves, or such
Negroes who may be charged or accused of any criminal offence,
are harbored, concealed, or entertained in the house or houses of
such slaves or free persons of color, they or any of them are
authorized to enter such houses, and make search for the said
runaway or runaways, or accused criminal or criminals. |
| 16. Persons of color not allowed to preach
or exhort without written license. -- No person of color,
whether free or slave, shall be allowed to preach to, exhort, or
join in any religious exercise with any persons of color, either
free or slave, there being more that seven persons of color
present. They shall first obtain a written certificate from three
ordained ministers of the gospel of their own order, in which
certificate shall be set forth the good moral character of the
applicant, his pious deportment, and his ability to teach the
gospel; having a due respect to the character of those persons to
whom he is to be licensed to preach, said ministers to be members
of the conference, presbytery, synod, or association to which the
churches belong in which said colored preachers may be licensed
to preach, and also the written permission of the justices of the
inferior court of the county, and in counties in which the county
town is incorporated, in addition thereto the permission of the
mayor, or chief officer, or commissioners of such incorporation;
such license not to be for a longer term than six months, and to
be revocable at any time by the person granting it. |
| 17. Punishment for preaching or exhorting
without license. -- Any free person of color offending
against this provision, to be liable on conviction, for the first
offence, to imprisonment at the discretion of the court, and to a
penalty not exceeding five hundred dollars, to be levied on the
property of the person of color; if this is insufficient, he
shall be sentenced to be whipped and imprisoned at the discretion
of the court: Provided, such imprisonment shall not exceed six
months, and no whipping shall exceed thirty-nine lashes. |
| 18. Prosecution by indictment. --
Each offence under this act may be prosecuted by indictment(4)
in the superior court of the county in which the same shall have
been committed, and the penalties shall be recoverable by qui
tam action in the superior or inferior court, one half to the
use of the informer, and the other to the use of the county
academy. |
| 19. Slaves giving information of design to
poison, how rewarded. -- Every Negro, mulatto, or
mustizoe, who shall hereafter give information of the intention
of any other slave to poison any person, or of any slave that
hath furnished, procured or conveyed any poison to be
administered to any persons, shall, upon conviction of the
offender or offenders, be entitled to and receive from the public
of this province, a reward of twenty shillings, to be paid him or
her by the treasurer yearly and every year, during the abode of
such Negro, mulatto, mustizoe in this province, on the day that
such discovery was made, and shall also be exempted from the
labor of his or her master on that day; and every justice before
whom such information and conviction is made, is hereby required
to give a certificate of every such information, which
certificate shall entitle the informant to the reward aforesaid:
Provide always, nevertheless, that no slave be convicted upon the
bare information of any other slave, unless some circumstances or
overt act appear, by which such information shall be corroborated
to the satisfaction of the said justices and jury. |
| 20. Punishment for giving false
information. -- In cases any slaves shall be convicted of
having given false information, whereby any other slave may have
suffered wrongfully, every such false informer shall be liable
to, and suffer the same punishment as was inflicted upon the
party accused. |
| 21. Punishment of slaves for teaching
other to poison. -- In case any slave shall teach and
instruct another slave in the knowledge of any poisonous root,
plant, herb, or other sort of a poison whatever, he or she
offending shall, upon conviction thereof, suffer death as a
felon; and the slave or slaves so taught or instructed, shall
suffer such punishment, not extending to life or limb, as shall
be adjudged and determined by the justices and jury before whom
such slave or slaves shall be tried. |
| 22. Punishment of slaves for killing,
marking, or branding cattle. -- In case any slave or
slaves shall be found killing, marking, branding, or driving any
horse or neat cattle, contrary to the directions of this act(5),
every such slave or slaves, being convicted thereof by the
evidence of a white person, or of a slave, shall be punished by
whipping on the bare back, not exceeding thirty-nine lashes, by
order or warrant of any justice of the peace before whom the fact
shall be proved. |
| 23. Offences not defined, how punished.
-- All other offences committed by a slave or free person of
color, either against persons or property, or against another
slave or person of color, shall be punished at the discretion of
the court before whom such slave or person of color shall be
tired, such court having in view the principles of humanity in
passing sentence, and in no case shall the same extend to life or
limb. |
|
| ART. II. PROSECUTION OF OFFENCES. |
| SEC. I. COMMENCEMENT OF PROSECUTION. |
| 24. Tribunal for the trial of free persons
of color. -- An act passed at Milledgeville on the
sixteenth day of December, eighteen hundred and eleven, entitled
an act to establish a tribunal for the trial of slaves within
this state; the court therein established is hereby made a
tribunal for offences committed by free persons of color, to all
intents and purposes, as if the words free persons of color had
been inserted in the caption, and every section of the said act
to establish a tribunal for the trial of slaves within this
state. |
| 25. Arrests and trial of slaves and free
persons of color. -- Every slave or free person of color,
charged with any offence contained in this act, shall be arrested
and tried, pursuant to an act entitled, "An act to establish
a tribunal for the trial of slaves within this state",
passed the sixteenth dat of December, eighteen hundred and
eleven, and the seventh, eighth and ninth sections of this act,
and shall receive sentence agreeably to the requisitions
contained in this act.(6) |
| 26. Offences, how prosecuted. --
Upon complaint being made to, or information received upon oath,
by any justice of the peace, of any crime having been committed
by any slave or slaves within the county where such justice is
empowered to act, such justice shall, by warrant from under his
hand, cause such slave or slaves to be brought before him, and
give notice thereof, in writing, to any two or more of the
nearest justices of the peace of said county, to associate with
hm on a particular day, in said notice to be specified, not
exceeding three days from the date of said notice, for the trial
of such slave or slaves; and the justices so assembled, shall
forthwith proceed to the examination of a witness or witnesses,
and other evidence, and in case the offender or offenders shall
be convicted of any crime not capital, the said justices, or a
majority of them, shall give judgement for the inflicting any
corporeal punishment, not extending to the taking away life or
member, as in their discretion may seem reasonable and just, and
shall award and cause execution to be done accordingly; and in
case it should appear to them, after investigation, that the
crime or crimes wherewith such slave or slaves stand or stands
charged, is a crime or crimes for which he, she, or they ought to
suffer death, such slave or slaves shall immediately be committed
to the public jail of said county, if any, provided it should be
sufficient, or to the custody of the sheriff or said county, or
to the nearest sufficient jail thereto. |
| 27. Inferior court to be notified.
-- The said justices shall, within three days next thereafter,
give notice, in writing, to one of the justices of the inferior
court of said county, of such commitment, with the names of the
witness or witnesses, and such justice of the inferior court
shall, within three days after the receipt thereof, direct the
sheriff of said county, whose duty it shall be to summon a jury
of twelve free white persons of said county, to be drawn in the
manner hereinafter pointed out, to attend in like manner. |
| 28. Duty of justice notified. --
When any justice of the inferior court shall have received notice
of the commitment of any slave or slaves, or free person or
persons of color, (under the description of a free Negro or
Negroes, mulatto, or mustizoe), to jail, in pursuance of the
second section of an act entitled, "An act to establish a
tribunal for the trial of slaves in this state", passed the
sixteenth day of December, eighteen hundred and eleven,(7)
it shall be the duty of the said justice of the inferior court,
within three days after the receipt thereof, to give notice, in
writing, of such commitment, to the justices of the inferior
court, or a majority of them, together with the clerk of said
court, requiring their attendance at the court house of said
county, where such slave or slaves, or person or persons of
color, as aforesaid, may have been committed, on a particular
day, in said notice to be specified in writing, not exceeding ten
days from the date of said notice. |
| 29. Continuance may be granted for cause.
-- The said court, so constituted as a aforesaid, shall
immediately proceed to such trial, unless it should appear
necessary for the said court, either for the want of sufficient
proof, or any other sufficient reason, to delay the same, as in
their judgement may seem for the furtherance of justice. |
| 30. Clerk of inferior court to act as
prosecuting officer. -- In all prosecutions for a capital
offence against any slave or free person of color, the clerk of
the inferior court shall act as the prosecuting officer in behalf
of the sate. |
| 31. Accusation to be preferred by clerk in
writing. -- It shall be the duty of such justices, clerk,
and jurors, to attend accordingly, and the said court, when so
assembled, shall cause the clerk of said court to commit the
charge or accusation alleged against such slave or slaves in
writing, therein particularly setting forth the time and place of
the offence, and the nature thereof. |
| 32. Record of proceedings, subpoenas for
witnesses, rules of evidence. -- It shall be the duty of
the clerk to make a record of the proceedings against such slave
or slaves, separated and distinct from other records of his
office, and he shall also issue subpoenas and other writs
necessary to procure the attendance of a witness or witnesses, at
the instance of either party, and that in all cases respecting
the admission of evidence against people of color, the rules
shall be the same as heretofore practiced in this state. |
|
| SEC. II. TRIAL. |
| 33. Jurors, how drawn and summoned.
-- The justices of the inferior court, at their regular terms,(8)
shall draw, in the manner pointed out by law, not more than
thirty-six, nor less than twenty-six jurors, twenty-four of whom
shall be directed by such justices of the court to be summoned as
aforesaid, to attend at the day and place pointed out for the
trial of such slave or slaves, in manner aforesaid; and in case a
sufficient number of those summoned should not attend, the said
court shall direct the panel to be made up by talesmen, and all
defaulting jurors so summoned in the manner pointed out by this
act, shall be fined as in other cases pointed out by law. |
| 34. At what time jurors to be drawn.
-- So much of the eighth section of the before recited act, as
requires, the justices of the inferior courts in this state to
draw a jury of thirty-six, at their regular terms, for the trial
of such slave or slaves, person or persons of color, as
aforesaid, shall be, and the same is hereby repealed; and in lieu
of such regular drawing of jurors, it shall be the duty of such
justices, or a majority of the, forthwith after being notified of
such commitment as aforesaid, to cause to be drawn fairly and
impartially from the jury box the names of persons subject to
serve as jurors, not less than twenty-six nor more than
thirty-six jurors, who shall be summoned according to the
requisitions of the before-recited act, to attend at the time and
place pointed out for the trial of such slave or slaves, or
person or persons of color, by the said justices of the inferior
court. |
| 35. Challenging jurors; number allowed
state and defendant. -- The owner or manager of such
slave or slaves, shall have the right of challenging seven of the
said number summoned, and the said court five on the part of the
sate, and the remaining twelve shall proceed to the trial of such
slave or slaves. |
| 36. Oath of jurors. -- As soon as
the justices and jury shall be assembled, as aforesaid, in
pursuance of the direction of this act, the said jury shall take
the following oath: "I, A. B., do solemnly swear, in
the presence of Almighty God, that I will truly and impartially
try the prisoner or prisoners, brought upon his, her, or their
trial, and a true verdict give according to evidence, to the best
of my knowledge; so help me God." |
| 37. Trial by jury. -- The said
court shall cause twelve persons of those summoned, to be
empaneled and sworn (the usual oath on such occasions made and
provided) as jurors, to whom the said charge or accusation, in
writing, and the evidence, shall be submitted. |
| 38. Jury failing to render verdict,
proceedings. -- If [in] any court held hereafter, within
this state, for the trial of a slave or slaves, or free person or
persons of color, the jury empaneled and sworn for such trial,
shall, from any cause, fail to render a verdict, it shall and may
be lawful for said court to adjourn to a succeeding day, not
exceeding thirty days from the day of adjournment; and at the
time of its adjournment, and before is shall adjourn, said court
shall draw, agreeable to the provisions of the before-recited
act, not less than twenty-six, and not more than thirty-six
jurors, who shall be summoned to attend said adjournment, in the
mode prescribed in the acts aforesaid; and the proceedings of
said adjournment shall be in all respects the same as those
pointed out in the before-recited acts. |
| 39. Jury may be completed by talesman.
-- In all cases where a sufficient number of the jurors summoned
shall fail to attend, it shall be lawful for the court to
complete the requisite number by summoning talesmen. |
|
| SEC. III. EVIDENCE. |
| 40. Persons considered competent witnesses.
-- On the trial of a slave or free person of color, any witness
shall be sworn who believes in God and a future state of rewards
and punishments. |
| 41. Slaves, when competent witnesses.
-- The evidence of any free Indians, mulattoes, mustizoes,
Negroes, or slaves, shall be allowed and admitted in all cases
whatsoever, for or against another slave, accused of any crime or
offence whatsoever, the weight of which evidence, being seriously
considered and compared with all other circumstances attending
the case, shall be left to the justices and jury. |
| 42. Justices may compel the appearance and
answer of witnesses. -- The said justices, or any of
them, are hereby authorized, empowered, and required, to summon
and compel all persons whatsoever, to appear and give evidence
upon the trial of any slave, and if any person shall neglect or
refuse to appear, or appearing shall refuse to give evidence, or
if any master or other person, who has the care and government of
any slave, shall prevent and hinder any slave under his charge
and government, from appearing and giving evidence in any matter
depending before the justices and jury aforesaid, the said
justices may, and they are hereby fully empowered and required,
upon due proof made of such summons being served, to bind every
such person offending as aforesaid, by recognizance,, with one or
more sufficient sureties, to appear at the next general court, to
answer such their offence, and contempt, and for default of
finding sureties to commit such offenders to prison, for any term
not exceeding the space of two months. |
|
| SEC. IV. VERDICT, JUDGEMENT, AND SENTENCE. |
| 43. Verdict and judgement. -- The
said jurors by their verdict shall say whether such slave or
slaves are guilty or not guilty, and if a verdict of guilty
should be returned by such jury, the court shall immediately
pronounce the sentence of death by hanging, or some other
punishment not amounting to death. |
| 44. Sentence of death. -- Whenever
a slave or free person of color is brought before the inferior
court to be tried for an offence deemed capital, it shall be the
duty of said court to pass such sentence as may be pointed out by
law for the offence of which slave or free person of color may be
guilty. |
| 45. Punishment to be proportionate to the
offence. -- In all cases where the jury, on the trial of
any slave or free person of color, shall return a verdict of
guilty, the court shall pass the sentence of death on such slave
or free person of color, agreeably to the requisitions and
subject to the same restrictions as are required by the
before-recited act,(9) or proceed
to inflict such other punishment as in their judgement will be
most proportionate to the offence, and best promote the object of
the law, and operate as a preventive for [of] like offences in
future. |
| 46. Suspension of sentence in minor
offences. -- Where any jury shall find a verdict of
guilty against any such slave or slaves, or person or persons of
color as aforesaid, in pursuance of the fifth section(10)
of the act referred to in the preceding section, it shall and may
be lawful for the said court to suspend the passing sentence
against such slave or slaves, or person or persons of color as
aforesaid, for any term of time not exceeding two day. |
|
| ART. III. CORRECTION OF ERRORS, PARDON, EXECUTIONS, AND COSTS. |
| SEC. I. CORRECTION OF ERRORS. |
| 47. Exceptions may be taken; proceedings.
-- In all trials and proceedings before justices of the peace and
justices of the interior courts, under any by virtue of the act
passed on the sixteenth day of December, eighteen hundred and
eleven, and of the act passed on the nineteenth day of December,
eighteen hundred and sixteen, in relation to slaves and free
persons of color, and of any acts amendatory thereof,, when
either party shall be dissatisfied with any decision of the court
before whom such trial and proceedings may be had, affecting the
real merits thereof, such party shall and may offer exceptions in
writing to such decisions, which shall be signed by such party,,
or his or her attorney; and if the same shall be overruled by
said court, the party making the exceptions may or twenty days'
notice to the opposite party, or his or her attorney, apply to
one of the judges of the superior court, and if such judge shall
deem the exceptions sufficient, he shall forthwith issue a writ
of certiorari to said justices, or to the clerk of the
inferior court, as the case may be, requiring the proceedings in
said matter to be certified and sent to the superior court next
to be held in and for the county in which said proceedings or
trial may have been had; and at the term of the court to which
such proceedings shall be certified, said superior court shall
determine thereon, and make such order, judgement and decisions,
as shall be agreeable to law and justice. |
| 48. When execution may be suspended. --
When exceptions shall be offered in manner aforesaid, the said
justices before whom said trials or proceedings may be, shall
suspend the execution of their judgement and sentence for forty
days; and when aw certiorari shall be sanctioned in manner
aforesaid, the judge issuing the same shall order the said
judgement and sentence to be suspended until the final order and
decision of said superior court shall be had in the cause. |
| 49. When judge of superior court may fix
day of execution. -- Whenever a certiorari shall
be granted agreeable to the provisions of the before-mentioned
act, passed on the twenty-second day of December, eighteen
hundred and twenty-nine, if sentence shall have been passed and a
day fixed when the same shall be carried into effect by the
inferior court before whom the slave or slaves, or free person or
persons of color, were had and convicted; and if, after
considering said certiorari, the judge of the superior
court before whom the same may be, shall be of the opinion that
the sentence of the inferior court should not be altered or
disturbed, he is hereby authorized and directed to order the
execution of said sentence on some other day than that fixed by
said inferior court shall have passed before the final hearing
and discussion of said certiorari. |
| 50. When new trial may be granted;
proceedings. -- If the judge of the superior court before
whom any certiorari, as contemplated by the before-recited
act, passed on the twenty-second of December, eighteen hundred
and twenty-nine, shall be argued and considered, shall, after
considering the same, be of opinion that error has been committed
in the court before, and that a new trial should be had, be shall
pass such order as may be necessary to effect this object; and
the inferior court to whom said order may be directed shall obey
the same; and whenever a new trial shall be ordered, said
inferior court shall assemble on the day to be specified in said
order, shall draw a jury, have them summoned in the manner
prescribed by the before-recited acts, and in all cases of a new
trial, the presenting shall in all cases be the same as those
presented in the before-mentioned acts. |
| 51. Pardon of capital offences. --
In every case of conviction, for a capital felony, the owner of
the slave, or guardian of the free person of color convicted, may
apply to the court before which the conviction shall have taken
place, and obtain a suspension of the execution of the sentence,
for the purpose of applying to the governor for a pardon, and it
shall be in the power of the governor to grant said pardon. |
| 52. Offences not capital, court may grant
time to obtain pardon. -- On a conviction for any other
offence not punishable by death, the court may, at its
discretion, grant a suspension of the execution of the sentence
for the purpose of enabling the owner of a slave, or guardian of
a free person of color, to apply to the governor for a pardon, or
commutation of the punishment in such manner, and upon such terms
and conditions as he may think proper to direct. |
|
| SEC. III. EXECUTIONS AND COSTS. |
| 53. Execution of sentence. -- All
and every the constable and constables(11)
in the several parishes within this province, where any slave
shall be sentenced to suffer death, or other punishment, shall
cause execution to be done of all the orders, warrants, precepts,
and judgements of the justices hereby appointed to try such
slaves, for the charge and trouble of which the said constable or
constables respectively shall be paid by the public,(12)
unless in such cases as shall appear to the said justice or
justices to be malicious or groundless prosecutions, in which
cases the said charges shall be paid by the prosecutors.
|
| 54. Officer may press slaves to aid in
executing sentence. -- And that no delay may happen in
causing execution to be done upon such offending slave or slaves,
the constable who shall be directed to cause execution to be
done, shall be, and he is hereby empowered to press one or more
slave or slaves in or near the place where such whipping or other
corporeal punishment shall be inflicted, to whip or inflict such
other corporeal punishment upon the offender or offenders; and
such slave or slaves so pressed shall be obedient to, and observe
all the orders and directions of the constable in and about the
premises, upon pain of being punished by the said constable by
whipping on the bare back not exceeding twenty lashes, which
punishment the said constable is hereby authorized and empowered
to inflict; and the constable shall, if he presses a Negro, pay
the owner of the said Negro two shillings out of his fee for
doing the said execution: and in cases capital, shall pay to the
Negro doing the said execution the sum of two shillings, over and
above the said fee to his owner. |
| 55. State not liable to owner for slave
executed. -- The state shall in no instance be answerable
for, or liable to pay the owner whatever for any Negro slave or
slaves who may laws of this state. |
| 56. Expenses of prosecution, when paid by
master. -- All expenses and fees chargeable by any of the
public officers, for prosecuting any Negro slave or slaves,
convicted of any crime, not capital, against the laws of this
state, shall be paid by the owner or owners of such slave or
slaves. |
| 57. When paid by the count. -- But
in all cases where any slave shall be convicted of any crime
whereby he, she, or they may suffer death, the expenses attending
the trial and execution of such slave or slaves shall be paid by
the county where they shall be executed. |
| 58. Fee of officer executing sentence.
-- For whipping or other corporeal punishments not extending to
life, the sum of five shillings; and for any punishment extending
to life, the sum of fifteen shillings; and such other charges for
keeping and maintaining such slaves, as are by the act for
erecting the workhouse appointed; for levying of which charges
against the prosecutor, the justices are hereby empowered to
issue their warrant. |
| 59. Clerk and sheriff's fees. --
The following shall be the fees of the clerk in such cases,(13)
to wit:
CLERK'S FEES.
For attending the court to draw
jury. . . . . . . . . . . . . . . . . . . . . $
1.25
For drawing up specifications of
the charge. . . . . . . . . . . . . . . . 2.00
For attending each trial. . . . . . 1.25 |
For recording the proceedings of
trial. . . . . . . . . . . . . . . . . . . . . . .
87½
For copying order, or sentence,
and delivering the same to the
sheriff. . . . . . . . . . . . . . . . . . . . 50 |
And the following shall be the fees of sheriffs in such cases,
to wit:
SHERIFF'S FEES.
| For summoning jury. . . . . . . . .
4.00
For attending each trial . . . . . . 1.25 |
For executing order of sentence of the
court the same as contained in the general fee
bill. |
|
| 1. Latter clause of this act repealed. Omitted.
2. See ante chap. xxx, ¶ 53, p. 771.
3. See preceding ¶ 13.
4. Query as to constitutionality of this
provision for indictment.
5. See ant Chap. xxx, ¶ 21, p. 762.
6. See post ¶ 23-34-43.
7. See preceding ¶ 27.
8. See succeeding ¶ when jurors may be
drawn.
9. Act of Dec. 19, 1816, Prince 791.
10. See ante ¶ 43.
11. Sheriffs to execute sentence for
capital offences.
12. Repealed by act of Dec. 19, 1793. See
post ¶ 56, 57.
13. For the performance of duties in the
trial of slaves and free persons of color. |
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