Act of March 22, 1837, Ses. Acts 1836-7, ch. 70.*

52.1. [Whereas many petitions are annually presented to the general assembly from emancipated slaves, praying permission to remain within the commonwealth, and it being the desire of the legislature to free itself from such subjects of legislation, and to refer the same to some more appropriate tribunal, where the merits of such petitions may be more fully considered: Be it therefore enacted by the general assembly, That any slave who hath been emancipated since the first day of May eighteen hundred and six, and who may hereafter be emancipated, shall be at liberty to apply to the court of any county or corporation for permission to reside within such county or corporation; and the court to which such application shall be made, the acting justices thereof having been first summoned, and a majority of them being actually present, shall have power, upon satisfactory proof made to them that the applicant is a person of good character, peaceable, orderly and industrious, and not addicted to drunkenness, gaming, or any other vice, to grant to him or her permission to remain within the commonwealth, and to reside within such county or corporation only, during the good pleasure of the court: Provided, however, That no such permission shall be granted unless notice of the application shall have been posted at the front door of the courthouse of the county or corporation for at least two months immediately preceding such application, nor unless three fourths of the justices present shall concur, nor unless the attorney for the commonwealth, or in his absence some other attorney to be appointed by the court for the purpose, shall appear on behalf of the commonwealth and defend such application: And provided also, That no such permission shall be granted or shall be valid if granted, unless the court shall enter of record that_ the person to whom it is granted is of the character and description herein before required, and that the attorney for the commonwealth or some other attorney appointed for the purpose as aforesaid was present and represented the interests of the commonwealth in the case: And provided, That the provisions of this act shall not extend to those persons heretofore emancipated, who are not now residents of this commonwealth.

53. § 2. The several county and corporation courts of this commonwealth, the acting justices thereof having been first summoned, and a majority being present, shall have power and authority, for any cause deemed sufficient by them, to revoke any permission of residence so as aforesaid granted to any emancipated person, having first had him or her duly summoned to shew cause against it. If, after such revocation, any such person shall remain within this commonwealth more than twelve months, he, she or they so remaining shall forfeit their right to freedom, and may be apprehended and sold in the manner prescribed by law in relation to slaves emancipated and remaining in the state more than one year.] If any descendant, however remote, of any such female slave as may have obtained leave of residence, as aforesaid, shall, at any time, be convicted in manner aforesaid, of any offence against the laws of this commonwealth, it shall be lawful for the court of that county or corporation, within which the conviction may be had, or for the court of the county or corporation, in which such descendant may reside, in like manner to revoke the leave of residence of such descendant, and to order him or her to depart this commonwealth: and, if he or she shall remain within this commonwealth more than twelve months after such order made, he or she shall forfeit his or her right to freedom, and may be, in like manner, apprehended and sold. Jan. 24, 1816, c. 24.

*In consequence of the peculiar position ton, they are exempted from the operation of the counties of Accomack and Northamp- of this act. Act of March 22, 1837, c. 70, § 5.

Act of March 2, 1819-January 1, 1820. R. C. ch. 111.

54. § 67. Every free negro or mulatto, who resides in any county in this commonwealth, shall be registered and numbered in a book, to be kept for that purpose, by the clerk of the court of the said county, which register shall specify the age, name, colour and stature of such free negro or mulatto, together with any apparent mark or scar, on his or her face, head or hands, and in what court he or she was emancipated; or that such negro or mulatto was born free. A copy of said register, signed by the clerk, with the county seal annexed,'(1) and attested by one justice of the peace of the county, wherein such register shall be made, shall be delivered to the said negro or mulatto, on application, for which copy the clerk may demand and receive twenty-five cents, to be paid by the person receiving the same; but no tax for annexing the county seal shall be demanded' Provided, always, That the clerk shall, in no case, grant a copy of such register, until the court of the county, in which such free negro or mulatto resides, shall have certified that such register has been truly made. Jan. 25, 1803, c. 14, ed. 1808.

55.71. Every free negro or mulatto, who resides in, or is employed to labour within the limits of any city, borough, or corporate' town, shall be registered and numbered in a book to be kept for that purpose, by the clerk of the said city, borough or town, which register shall specify his or her age, name, colour and stature; by whom, and in what court, the said negro or mulatto was emancipated; or that such negro or mulatto was born free. А сору of the said register, signed by the clerk, with the county [corporation] seal annexed,'(1) and attested by one alderman or town magistrate, shall be annually delivered to the said negro or mulatto, for which copy the clerk shall receive twenty-five cents, to be paid by the person receiving the same, 'but no fee for annexing the seal shall be demanded.' No clerk shall renew a copy of the said register, until the former one shall have been delivered up and destroyed, or until he shall be directed to do so, by the court of such city, borough or corporate town, the said court having been satisfied that such former copy has been accidentally lost or destroyed, or that such free negro or mulatto is otherwise entitled to have it renewed. 1793, c. 163, R. C. [It shall not be lawful for the clerk of any corporation court to register any free negro or mulatto unless by the order of such court. In addition to the particulars of description now required by law, such register shall specify any apparent mark or scar on the face, head or hands of such free negro or mulatto; and by what instrument, whether deed or will, such negro or mulatto was emancipated, and the date of the record thereof; and upon every renewal of every such register, it shall be the duty of the clerk so to modify and alter the original register as to identify the individual to whom it is given; for which renewal the clerk shall be entitled to demand and receive the sum of fifty cents. Act of March 11, 1834, Ses. Acts 1833-4, c. 68, § 10, p. 81.]

56. § 73. In case any negro or mulatto who resides in, or is employed to labour, in any city, borough or town, shall neglect to procure such certificate, it shall be lawful for any alderman or magistrate to commit to jail such negro or mulatto, there to remain till such copy is produced, and the jailor's fees paid, or until the court of such city, borough or corporate town shall be satisfied, that such certificate has been accidentally lost or destroyed, or that such free negro or mulatto is otherwise entitled to be discharged; and, in case of inability or failure to do so, the said court may order such free negro or mulatto to be hired out, for so long a time as shall be necessary to pay the jailor's fees.' Ibid.

57. § 68. Any free negro or mulatto, who shall deliver to any slave the copy

(1) Re-enacted by act January 27, 1829, c. 21, § 2, Ses. Acts 1828-9, p. 25; Sup. R. C. c. 184, § 2, p. 243.

Act of March 2, 1819-January 1, 1820. R. C. ch. 111.

of the register of his or her freedom, signed by the clerk of the court with whom the said register was made, on any pretext whatsoever, shall, on convic tion thereof, be adjudged a felon, and be punished by confinement in the pub lic jail and penitentiary-house for not less than one nor more than ten years.' Jan. 25, 1798, c. 222, R. C. [If any free person of colour shall hereafter be convicted of any offence, the punishment of which, as now prescribed by law, is stripes, transportation and sale, every such person, so convicted, shall, for the first offence, be sentenced to confinement in the public jail and penitertiary for a term not less than five nor more than eighteen years. Act of Feb. 12, 1828, Ses. Acts 1827-8, c. 37, § 1, p. 29; Sup. R. C. c. 183, p. 242] See ante, No. 17.

58. 72. Any person harbouring or employing any negro or mulatto, whe has not a certified copy of the said register, shall forfeit and pay, for each of fence, five dollars to the owner of such negro or mulatto, and, if there be ne owner, to the informer, to be recovered by warrant before any alderman of magistrate, and shall be moreover liable to an action for damages, at the suit of the party aggrieved. 1793, c. 163, R. C.

59. § 74. No free negro or mulatto shall be allowed to go at large or hire himself or herself to labour in any county, without having his or her certif cate registered in the clerk's office of the county wherein he or she resides, and having a certified copy of the said certificate. For registering and granting such certificate, the clerk shall be allowed twenty-five cents. Ibid.

60. 75. Any person employing or harbouring any such negro or mulatto, coming within the purview hereof, shall forfeit and pay, for each offence, five dollars, to the use of the informer, to be recovered by a warrant before a justice of the peace, and shall be moreover liable to an action for damages, at the suit of the party aggrieved. Ibid.

61. § 76. Every such free negro or mulatto shall, once in every three years, obtain a new certificate, under the same rules and regulations as are prescribed for obtaining the first; but no clerk shall renew such certificate, until the former one shall have been delivered up and destroyed, or until he shall be directed to do so by the court of the county wherein such free negro or mulatto. is registered, the said court having been satisfied that such former certificate has been accidentally lost or destroyed, or that such free negro or mulatto is otherwise entitled to have it renewed.' Ibid.

62. § 77. In case any negro or mulatto, who resides in, or is employed to labour, in any county, shall neglect to procure such certificate, it shall be lawful for any magistrate in the said county, to commit to jail such negro or mulatto, there to remain till such certificate is produced and the jailor's fees paid; 'or until the court of such county shall be satisfied that such certificate has been accidentally lost or destroyed, or that such free negro or mulatto is otherwise entitled to be discharged; and, in case of inability or failure to do so, the said court may order such free negro or mulatto to be hired out, for so long a time as shall be necessary to pay the jailor's fees.' lbid.

63. § 78. It shall be the duty of every commissioner of the revenue, annually to return to the court of his county or corporation, at the time he returns a list of taxable property, a complete list of all free negroes or mulattoes within his district, together with their names, sexes, places of abode, and particular trades, occupations or callings; a copy of which list shall be fixed by the clerk of the said county or corporation at the courthouse door, and the original be deposited, for safe-keeping, in his office; every commissioner of the revenue, or clerk of a court failing in said duty, shall forfeit and pay twenty dollars, to be recovered by motion or information, one half to the use of the county or corporation, and the residue to any person who shall sue for the same. Jan. 21, 1801, c. 283, § 5, R. C.; 2 Shep. Stat. Larg. 301.

Act of March 2, 1819—January 1, 1820. R. C. ch. 111.

64. 79. If any negro or mulatto, so registered, shall remove into another county, it shall and may be lawful for any magistrate of the county or corporation, in which he or she may intrude, to issue a warrant to apprehend said free negro or mulatto; and if, upon examination, it be found, that he or she has no honest employment by which to maintain him or herself, such free negro or mulatto shall be deemed and treated as a vagrant. lbid. § 6.

Act of February 24, 1827, Ses. Acts 1826-7, ch. 26. Sup. R. C. p. 239.

65. § 1. If any plaintiff or plaintiffs, shall, by affidavit before a justice of the peace of any county or corporation within this commonwealth, make it appear that he, she or they hath or have just cause of action against the master or skipper, or other person in command of any ship, steam-boat or other vessel, under the provisions of the act, entitled, "an act reducing into one the several acts concerning slaves, free negroes and mulattoes," passed March the second, eighteen hundred and nineteen; and that he, she or they hath or have instituted a suit therefor, and that he, she or they verily believes or believe, that he, she or they will be unable to obtain satisfaction of the judgment to be recovered in said suit, without an attachment against such ship, steam-boat or other vessel, it shall be lawful for the justice of the peace, before whom such affidavit shall be made, to issue an attachment, directed to the sheriffs, serjeants or constables of the commonwealth, requiring them, in their respective counties and corporations, to attach the said ship, steam-boat or other vessel, with her tackle, apparel, bolts and furniture, and to hold the same liable to such proceedings as may be had in said suit. The said attachment shall be made. returnable to the next term of the court in which such suit may be depending, and shall be levied as other attachments are required to be levied; and the property shall be held by the officer levying such attachment, subject to the order of the court, but the said ship, steam-boat or other vessel, with her tackle, apparel, bolts and furniture, shall be restored to the master or owner at any time, upon his, or some person for him, giving to the officer having possession thereof, bond with sufficient security, payable to the plaintiff or plaintiffs, conditioned to satisfy the judgment of the court, if such plaintiff or plaintiffs shall recover in such suit: Provided, That no such attachment shall issue until bond and security shall have been given by the person or persons suing out the same, or by some other person in his or their behalf, payable to the person against whom the suit may be brought, in a penalty equal to double the amount sued for, and with condition to indemnify the obligee in such bond, and the owner of such ship, steam-boat or other vessel, against any and all loss or injury which they, or either of them may sustain by reason of such attachment, in case the defendant or defendants shall prevail in such suit; which bond shall be returned by the justice taking the same, to the next term of the court in which such suit shall be depending.

651. § 2. If any judgment shall be recovered, under the provisions of the before recited act, against the master, skipper or other person in command of any ship, steam-boat or other vessel, such steam-boat, ship or other vessel, her tackle, apparel, bolts and furniture, shall be liable to the plaintiff or plaintiffs in satisfaction of such judgment, whoever shall be the owner; and for that purpose shall be deemed and be taken to be the property of such master or skipper, or other person in command thereof, against whom such judgment shall have been recovered: Provided, nevertheless, That such ship, steam-boat or other vessel, shall not be so liable, unless the plaintiff or plaintiffs shall have issued, and cause to be levied an attachment upon such ship, steam-boat or other vessel, pursuant to the provisions of this act, at least one term before such judgment, and unless it shall appear to the court rendering such judg

Act of February 24, 1827, Ses. Acts 1826-7, ch. 26. Sup. R. C. p. 239.

ment, on the trial of such attachment, that the defendant against whom such suit was instituted, was really the master, skipper, or in command of such ship, steam-boat or other vessel at the time such attachment was issued.

652. § 3. It shall be lawful for the owner of any slave carried away, or attempted to be carried away, contrary to the provisions of the before recited act, to sue for and recover any and all penalties imposed, although the offender may not be prosecuted for the felony, or being so prosecuted, shall be thereof convicted.

653. § 4. It shall be lawful for any sheriff, serjeant or other officer, to serve the attachment hereby authorized, upon such ship, steam-boat or other vessel, wheresoever the same may be found within the limits of this commonwealth; and any officer serving such attachment shall be allowed, in addition to his fees therefor, such other further compensation as the court to which it may be returned shall adjudge reasonable.

654. § 5. In all actions which shall be brought against any master or skipper, or other person in command of any ship, steam-boat or other vessel, in pursuance of the before recited act, it shall and may be lawful for any sheriff, sergeant or other officer of any county or corporation in this commonwealth, into whose hands the original or other writ shall come, to pursue the defendant or defendants into any county or corporation within this commonwealth, and to execute such original or other writ upon the defendant or defendants, and to require bail, in the same manner that such original or other writ could or should have been executed by the officer to whom it is directed; and in all cases where such original or other writ shall be executed by any officer, it shall be the duty of such officer to return such writ to the proper court, and if bail be not given, to retain in his custody the defendant or defendants.

655. § 6. If any plaintiff or plaintiffs shall prosecute a suit or suits under the provisions of the before recited act, and hold the defendant or defendants to bail, without sufficient cause, such plaintiff or plaintiffs shall be liable to the action of the party aggrieved, in any court of record in this commonwealth, for damages, to be assessed at the discretion of a jury.

Act of March 2, 1819-January 1, 1820. R. C. ch. 111.

66.86. If any master or skipper of any vessel, shall hereafter incur any of the fines, penalties and forfeitures imposed by the [thirtieth, thirty-first, (See tit. CRIMES AND PUNISHMENTS, No. 31, 32,) fifty-second, (ante, No. 42,) and eighty-fourth (ante, No. 32,)] sections of this act, the said fines, penalties and forfeitures may be recovered either in the modes herein before pointed out, or by attachment against the vessel, or other property in which such master or skipper may have an interest; and i shall be the duty of any justice of the peace, to whom application is made for such attachment, to grant the same upon the plaintiff's entering into bond with security in double the amount to be attached for, payable to the defendant, conditioned for satisfying and paying all costs which shall be awarded to such defendant, in case the plaintiff be cast in his suit, and also all damages which shall be recovered against the said plaintiff for issuing and suing out such attachment; which bond shall be by the same justice returned to the court to which the attachment is returnable; and the party entitled to such costs or damages, may thereupon bring suit and recover; and every attachment issued without such bond taken, or where no bond shall be returned, is hereby declared illegal and void, and shall be dismissed. All attachments which may issue by virtue of this section, shall be served, returned and prosecuted as attachments issued against the estate of absconding debtors are served, returned and prosecuted. Rev. 1819.