statutes Alabama. Laws.

A digest of the laws of the state of Alabama; online

. (page 67 of 89)
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person.
188^-^) Whereas, great injury and inconvenience are experienced by the

Praambk. citizens of many cities, towns, and neighborhoods, in the state of
Alabama, in consequence of the illicit trade and traffic which is
encouraged and carried on, by many evil disposed persons, with the
slave population ; for remedy whereof,
See. 1. § 20. Beit enactedf fyc. That no person whatsoever shall buy,

^^"'^|5j!sell, or receive of, to, or from, any slave or slaves, any conunodity
out their of any kind or description whatsoever, without the leave or consent of
toave^indkt- the master, owner, or overseer of such slave or slaves in writing, ex-
•Me. pressing the articles permitted to be bought, sold, or bartered ; or un-

less the master, owner or overseer ^f any such slave or slaves, shall
personally authorize the same ; and if any person or persons shall buy
nrom, or sell to, er deal, or trade or barter with, any slave or slaves,
without such consent and permission previously had, given, or obtained,
he, she, or they so offending, shall be subject to indictment ; and upon
Penaitf . conviction, shall be fined not less than ten dollars, nor more than one
hundred dollars, and imprisoned in the common jail of the coimty, not
less than five days, nor more than six months, at the discretion of the
jury by whom the indictment is tried, who may inflict one or both of
the aforesaid penalties.
183MS) § 30. From and «fter the first day of February next, it shall not be

Free%raons l&wful for any free person of color to settle within the limits of this
of eoimrfor state ; and should any firee person of color, after that time, settle in this
tte ^te"to state, he, she, or they shall, on notice of this act, depart within thirty
r^ine uulh.^y** Or shall be liable, on conviction before any justice of the peace,
JL ' to receive thirty-nine lashes ; and any person may arrest any such free

person of color, and take him or her before any justice of the peace
Not depart, for trial ; and if any such free person of color shall not depart this
tSrentydayt '^^ within twenty days afler the infliction of the punishment lasl
after paniah- mentioned, he or she shall be liable to be arrested by any person, and
Sw ai*«** ^ taken before a justice of the peace for trial, and on conviction by
■lave for one such justice, shall be ordered to be sold as a slave for the term of one
^^**'' year for ready money, ten days' notice being given of ^he time of sale,

Proceeda. o^® ^^ o^ which, after paying all the expenses of the prose^tion,
bow appiiad. (which shall be to the justice one dollar, the constable two dollairs^for
summoning the witnesses, attending the trial, and selling the said free
person of color, and fifty cents a day for each day he may keep such
person of color, and fif^y cents per day for each witness who may at-
tend the trial,) shall be paid to the informer, and the other half to the
state. And if any free person of color shall not depart this state within



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SLAVES, AND FREE PERSONS OF COLOR. 897

twenty da3r8 after the expiration of said year, he or she shall forfeit Remtininff
his or her freedom; and upon conviction thereof before any circuit JJjJJ'JJY
court of this state, shall, by order of said court, be sold to the highest •!«▼« for Ufe.
bidder, and the proceeds of the sale of said free negro so forfeiting his
or her freedom, shall go, one half to the informer, and the other half
to the state.

§ 31. Any person or persons who shaU attempt to teach any free n.see. lo.
person of color, or slave, to spell, read, or write, shall, upon conviction ruempti^
thereof by indictment, be fined in a sum not less than two hundred Jo '**^
and fifty dollars, nor more than five hundred dollars. mui, Jtc. *

§ 32. Any free person of color who shall write for any slave, a pass /»■ see. ii.
or free-paper, on conviction thereof, shall receive for every such of- SJS^^nof
fence, thirty-nine lashes on the bare back, and leave the state of Ala-cp'offo^ wn
bama within thirty days thereafter ; and should he or she again return f^.^^Hbr
to the state of Alabama, or be found within the same after the time '''^^^•
above liiflited for his or her departure, on conviction of violating this
provision of the law, he or she shall forfeit his or her liberty, and be
sold as a slave for the term of ten years, by order of any two justices
of the peace, before whom he or she may be taken and convicted, ten
da3rs' previous notice being given of the time and place of sale: one
half of the proceeds of said sale, af^r paying one dollar each to said
justices, and two dollars to the constable for attending the trial, and sell*-
ing said free person of color, together with all other costs that may
accrue, shall be paid to the use of the informer, and the other half to
the use of the state.

§ 33. Any slave who shall write for any other slave, any pass or n. su. la.
free-paper, upon conviction, shall receive, oniiis or her bare back,'fifly JJ.15f^,^rt.
lashes for the first ofience, and one hundred for every ofience there- ting i»m or
after, by order of any justice of the peace before whom he or she may SiJte!''"' ***'
be convicted ; and on every conviction, the owner of said slave shall
pay one dollar to the justice of the peace, and two dollars to the con*
stable for attending the trial and whipping the slave, together with all
other costs that may lawfully accrue ; and any persons may arrest any
slave so ofiending, and take him or her before any justice of the peace
for trial.

§ 34. If any free negro or person of color shall buy of any slave, or n. s$e. u.
sell to any slave, any article or commodity whatsoever, without aj^^^'^^^
written permission from the master, owner, or overseer of said slave, or permnt of
designating the article so to be bought or sold, said free negro or per- tnlSing^vith
son of color, upon conviction thereof, before any magistrate of the ■»•▼«••
county where such ofience shall be committed, shall receive on his or
her bare back, thirty-nine lashes well laid on.

$ 35. If any free negro or person of color shall be fouad in cbrapa- n. see. is.
ny with any slaves in any kitchen, out-house, or negro-quarter, with- Jf^oiS to?"
out a written permission from the owner, master, or overseer of said bidden to m.
slaves, said free negro or person of color shall, for the first offence, re-JlJjJJf ^^^
ceive fifteen lashes, and for every subsequent ofience, thirty-nine
lashes, on his or her bare back, which may be inflicted by said mas- The puniih-
ter, owner, or overseer, or by atfy ofi^cer or member of any patrol °*®"^-
cOTipany who may find said free negro or person of color, in any
kitchen, out-house, or negro-quarter, associating with slaves without
such written permission.

§ 36. If any slave, without a written permission of the master, /». see. le.
owner, or overseer of said slave, shall be found in company with a SKJuTr
free negro or person of color, in the dwelling-house or outhouse of said 'iave be
firee negro or. person of color, said free negro or person of color shall ^"^ ly^

per83nof
color.



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398 SLAVE-TRADE.

receive the same pnnishment, in the same manner, as is prescribed by
the provisions of the fif^nth section of this act.
n. 8$c. 17. § 37. It shall not be lawful for' more than five male slaves, either
Sl^SilSe" ^*^ ^^ without passes, to assemble together at any place off the pro-
■laves an per plantation to which they belong; and if any slaves do so assemUe
■embijr!"' " together, the same shall be deemed an unlawful assembly.
A. See. la § 38. It shall be the duty of all patrols and officers, civil and mili-
Uniawfui as- tary, forthwith to cause said slaves so assembled, to disperse ; and
be disperaed each of said slaves so assembled, shall be liable to receive any number
aniFatiSer ®^ lashes, uot exceeding ten : and any slave who may once be pun-
officeiB. ished for attending such unlawful assembly, and shall again offend
Tbe paniih. {jefgyj^ gjjaH \^ liable to be punished at the discretion of any magis-
trate before whom he may be earned for trial, by stripes not exc^-
ing thirty-nine.
&2S2^ § 39. The provisions of this act shall not apply to any assemblage
■emureaiaw- of slaves, attended by the master, owner, or overseer of such slaves.
^n.'ste.^ § ^^* Nothing in t)iis act shall be so construed, as to prevent free
siavei, &c.. persons of color and slaves from attending places of public worship
^^Hc wor. held by white persons.

n^%e 83. § ^^' Nothing in the provisions of the seventeenth section of tiiis
Explanation act shall be SO constTued, as to debar the master or owner of slaves
Son?** "^^ ^^ sending to his neighbor or neighbors any slave or slaves unac-
companied by master, owner, or oversper, for the purpose of assisting
him or them to labor.
n. &e.S4. § 42. If any slave or free person of color shall preach to, exhort, or
coiOT forud- harangue any slave or slaves, or free persons of color, unless in the
to"o?e3Sfrt P'®^®^^ ^ ^^^ respectable slave-holders, any such slave or free per-
otiierpenonison of color 80 offending, shall, on conviction before any justice of the
oepUnire^ P^*^*^* Tftoeivc, by order of said justice of the peace, thirty-nine lashes
ienceofflve for thq first offenpc, and fifty lashes for every offence thereafWr; and
ere!'* ******* any person may arrest any such slave or free person of color, and take
Punishment him before a justice of the peace for trial: Provided^ That the negroes
^^*^' so haranguing or preaching, shall be licensed thereto, by some regular
body of professing Christians immediately in the neighborhood, and
to whose society or church such negro shall properly belong.



SLAVE TRADE.

181MS) § 1 • Any slave or slaves brought or imported into this territory, con-

porti^coii- ^1^^ ^ ^^6 ^^^^ of the United States, in such case made and provid-

trary to the ed, shall be Condemned by any superior court of this territory, within

u.^, to be whose jurisdiction the said slave or daves shall be brought or be seiz-

aSId*!^"*^ ed, upon hbel filed in the said court ; and shall be sold by the proper

"^ ' officer of the court to the highest bidder, at public auction, for ready

money, aflter advertising the time and place of such sale, in some

newsps^r in this territory, at least fifteen days previous thereto.

Proceed! to § 2. The residue of the money arising from the sale, after deduct-

J^iSJ^coi.ing the costs of suit, shall be paid, one half to the collector of the

lector of the customs within whose district the said slave or slaves shall have been

infor^.*" seized, and the other half into the territorial treasury. But in case

there shall have been an informer, one half of the amount directed to

be paid to the collector of the district, shall accrue and belong to said

A But Bee §8 informer.*

tm-it) § 3* The governor of this state is authorized and required to appoint

s^' 1- some suitable person, as the agent of the state^ to receive all and every



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STOCK— or THx state op Alabama.

slave or slaves, or persons of ci wrought intaGoveraor to

this state in violation of the la\« iiibiting the ^{ to??.

slave trade : Provided^ That th Qt is not to <»»▼« s^vea.

extend to slaves who have been

§ 4. The governor is require ds from the /». &e. a

said agent or other person, into slaves may ^!^^^ {J*

be placed, in^uch amount, and b may deem s^ve bond.

necessary to ensure their safe k . _ tt.

§ 5. The said slaves, when placed in the possession of the state as /&. set. 3.
aforesaid, shall be employed on such public work or works, as shall fI^p,"^yJ5^
be deemed by the governor of most value and utility to the. public in- public works,
terest.

§ 6. Such part of the said slaves shall be hired out as will be suffi- n. see. a.
cient to defray the expenditures necessary to the maintenance and sup- JJ^SoaJ.*'"
port of those employed on the public works as aforesaid.

§ 7. In adl cases in which a decree of any court having competent a. see, 5,
au^ority, shall be in favor of any claimant or claimants, the said^^^gf^.
slaves shall be truly and faithfully, by said agent, delivered to such ter decree,
claimant or claimants ; but in case of their condemnation, they shall
be sold by such agent for cash to the highest bidder, by giving sixty
days' notice in a newspaper, printed at Cahawba, Mobile, Tuscaloosa,
Huntsville, and Florence.

§ 8. Th^ money arising from such sale or sales, shall be paid into n. see. e.
the treasury of the state, except one-fourth thereof, which shall be paid ^idioto the
to the informer, if there be one. treunry.

§ 9. No informer shall be entitled to receive any part of the money n. see. 7.
arising from any such sales, except by virtue of the decree of the JSw*i^to '
judge of the circuit court of the county into which such slave or slaves decide on
m^y have been first brought; and the circuit judges of this ^tate are^^^of^n-
expressly authorized to try^d decide all conflicting claims set up by fonnen.
informers in relation to said slaves.

§ 10. It shall be the duty of the said agent to ask for, and demand /». see. a
said slave or slaves of any person or persons in whose possession ^'Ji^^'J^^
they may be found.



STOCK-— OF THE State of Alabama.

§ 1. The certificates of stock created in obtaining loans for the use i833-(e)
of the state in pursuance of any of the laws heretofore passed for thats^'««'*?J^k
purpose, and of all stock which may hereafler be created by the state, endorfemenu
shall be assignable by endorsement made by the legal holder thereof, or
by transfer in a book or books of the bank of the state of Alabama, made
by the legal holder, or his attorney authorized by power duly authenti-
cated ; and it shall be the duty of the president and directors of said
bank, to cause books to be kept for the purpose aforesaid ; wherein also
shall be kept an account of the said stock, and of all payments of prin-
cipal and interest thereon, and of renewed certificates of stock, that
may be issued in virtue of this act.

§ 2. In case any of the said certificates shall be lost or destroyed, Manner of
the same may be renewed in the manner following, to wit : proof of J^^J^ffl.
such loss or destruction, and an affidavit declaring 3ie property therein cate.
to be bonm fide in the applicant for renewal, shall be made before a
judge of the circuit court of this state, or of any state of the United
States, or before a judge of the supreme or any district court of the
United States, which proof shall be certified by such judge, together



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400 STRAYS.

with his opinion that the same is ^atisfectory ; and tiie legal proprie-
tor of the lost or destroyed certificate shall execute a release of his in-
terest therein, in consideration of a new certificate of stock, to be
issued for the same amount and with like effect; which release shall
be filed and recorded in a book kept for that purpose by the treasurer of
the state ; and it shall also appear that notice of the intended applica-
tion shall have been given in a public newspaper in the state where
the loan may be effected, for three months immediately before applica-
tion for a renewed certificate shall be made ; whereupon it shall be the
duty of the governor of this state for the time being, the comptroller,
treasurer, and president of the bank afor^aid, to issue new certificates
of stock, in lieu of those which may be lost or destroyed ; which re-
newed certificates shall express on their face, a description of the ori-
ginal, and that the same have issued in lieu of such original : and re-
newed certificates of stock so issued, shall be equally valid, and shall
be assignable in like manner as the original certificates, in lieu of
which they shall have issued.
Benewfti for § 3. No renewed certificate of stock shall be granted, in favor of an
how'i^uia- s^^ignee of a lost or destroyed certificate, unless he appear to be such
ted. assignee by transfer in the books kept at the Bank of the State of Ala-

bama, conformably to the requisitions of the first section of this act ;
or in case the assignment be by endorsement, unless such endorse-
ment shall have been duly attested by the cashier of some specie-pay-
ing bank of the state where the loan may b^ effected ; whereby in every
case it shall be manifest that the person applying is the proper as-
, signee ; nor shaU any payment of principal or interest be made to any
assignee of a certificate of stock, unless such person appear to be the
assignee in the manner provided by this act.
Repeal. § 4. All laws heretofore passed in relation to the transfer, and re-

Proviro. newal of certificates of stock, are hereby 'repealed : Provided, Thai
twelve months be allowed for the promulgation of this law in the other
states, and that any proceedings which may be had in any other state,
^within twelve months next after the passage hereof, under the laws or
any of them in force up to the time of the passage of this act, shall be
as valid as if this act had not passed.



STRAYS.

i880-(») § 1. Every person who shall take up a stray, which shall be foond.
up?o^ta re^" on his plantation or land, shall forthwith give information thereof to
ported to some justice of the peace for the county, and make oath before said
ofX^peal^ justice, that the same was taken up «t his or her plantation or place of
residence, or his or her land adjoining the same, and that the marks or
Justice thaii brands have not been defaced or altered since the taking up ; and
praiwra) ^^ thereupon the said justice shall issue his summons to two disinterested
householders of the neighborhood, commanding them, after being duly
sworn, to value and appraise the same without partiality, favor, or af-
fection, and certify the valuation under their hands, together with a
and certify particular description of the kind, marks, brands, stature, color, and
praiicmcnt *S® ' which Certificate shall be attested by the justice, and transmitted
to ihe clerk by him to the clerk of the county court within "ten days thereafWr, to
rouJt!*^""'^^® by such clerk entered in a book to be kept for that purpose, for
Several which the justice and clerk shall each receive fifty cents, to be paid by
indudS'n ^^ taker up : Provided^ That if two or more strays of the same spe-
t^fameea. cies are taken up by the same person at the same lime, they shall be



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STRAYS. 401

included in the same entry, and one advertisement, and'the justice and
the clerk shall receive no more fees than for one of such strays.

$ 2. When any stray as aforesaid shall be found dead, or shall have Death ores-
escaped, the taker up shall, without delay, make report thereof to the "^ re*,Ji?i^
clerk on oath, who shall make a memorandum of tlie same in the mar- ed. i
gin of his book where the certificate of such stray was registered, and
the taker up shall not be answerable for the same, nor shall the taker
up be liable for using said stray : Provided, The same shall not have
been abused.

§ 3. When any stray shall be proved away, and the owner and the Expenies of
taker up cannot agree as to expenses, application may be made by ^ray "Lw
either party to the next justice of the peace, who shall require two a»certiiiied.
householders of the neighborhood, who shall have the privilege of ap-
pointing an umpire, and adjust the dispute, and their award dhaU be
final.

§ 4. If any person shall take or send away any stray ont of this Penalty for
state, on any pretence whatsoever, or shall trade or sell the same un- I^ui^'ltraT
der twelve months, he or she so ofiTending shall forfeit and pay one undertweive
hundred dollars, to be recovered in any court of this state having juris-"**
diction thereof, one half to the use of the informer, and the other half
to the use of the county wherein the ofifence shall have been commit-
ted ; and moreover shall pay the owner the amount of the appraisement,
or if no owner appear, then to the county, subject to the regulations
hereinafter ordered, under the sixth section of this act.

§ (). If any person shall take up or use a stray of whatever description. Penalty for
contrary to the meaning of this act, such person shall, for every such iJJiy 5,"^
offence, forfeit and pay one hundred dollars, recoverable with costs in uiing it con-
any court of this state having jurisdiction thereof, one half to the coun- JS7 '** ^****
ty, and the other half to the person suing for the same.

§ 6. The property of every stray or strays taken up as aforesaid, The property
twelve months after such appraisement, and not proved away by the Jj^^j m.
owner thereof, shall be deemed vested in the taker up of the same : ker up.
Provided nevertheless, That should the owner apply in five years, he Jema^dTSf
shall receive the full amount of such appraised stray, one half from the ft»" pnce.
taker up, and the other half from the county, after paying all reasona-
ble expenses : .^nd provided also, That the person so taking up shall Taker no to
account for and pay mto the hands of the clerk of the county, one half JJJ^^."*
of the appraised value of all such strays, according to the true intent ment.
and meaning of this act ; and if the taker up shall neglect to account
with the said clerk for the same, he or she so failing, shall forfeit and Penalty for
ay the appraised value of all such strays, to be recovered by action of "*«*****"'•
ebt before any jurisdiction having cognizance thereof, and it shall be
the duty of the clerk to commence suits respectively against all delin- To be recov-
quents for the recovery of the same, and j^hall be entitled to receive ^'^ **^ ^^"^"^
five per centum on all money recovered and received, and the balance
the said clerk is required to pay over to the county treasurer.

§ 7. It shall be lawful for tlie former owners of any strays, at any owner to re.
time, on proving his property by one or more competent witnesses, JS^^^^.
to demand and receive from the county treasurer, one half of the value ment.
of any such strays appraised and accounted for as aforesaid, deducting
therefrom the treasurer's commissions of two per centum for receiving
and accounting for the same.

§ 8. It shall be the duty of the taker up of any stray horse, mare, stray horae.
or mule, to cause the same to be exhibited on the first day of each^j»jjjjjj^*;
term of the circuit court of the county, next succeeding the time at cnit court,
which such stray shall be taken up, f^om twelve to four oVlock on

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402 STRAYS.

each day, that the owner may have an opportunity of claiming his
property.
Clerk to re- § 9. The derk of each county of this state shall keep a book, in
certificate*"* which he shall register all certificates of strays delivered to him, and
of strays, file the Same in regular order. It shall be his duty to cause a copy of
the certificate of appraisement, of every horse, mare, colt, or mule, to
be published in the nearest newspaper three times. It moreover shall
be the duty of the clerk to make out a fair and correct list of all strays,
8tra^ to be and affix the same at the door of the court-house of their respective
and 'ported counties ou the first day of each term of the circuit court, omitting
up. such strays as are proved away, escaped, or dead, under the penal^

cierk'i ftet. ^^ ^^^ dollars for such neglect or omission : the clerk shall receive as
fees of office, for advertising any horse, mare, colt, or mule, twenty-
five cents ; and for every head of cattle, sheep, or hogs, six and one-
fourth cents ; and for every ^search of the stray books, twelve and
one-half cents, to be paid by the person applying to search,
la whai § 10. No cattle or sheep shall be taken up or posted in the months

ue ar^D^ to ^f April, May, June, July, August, September, or October, unless it be
be posted, a COW with a young calf.

ownen may § 11. At any time within twelve months, it may be lawful for the
tTwUhiS^' owner of any stray or strays, taken up.under the provisions of this act,
twelve to prove his or her property, by his or her own oath, or by the oath or
months. affirmation of any other competent witness, in the following manner,
Mode of to wit : — a eertificate, giving a particular description of the stray or
^^'^ ' strays so claimed, shall be made out, giving the kind, marks, brands,
stature, color, or age of such stray or strays, as may be, which certi-
ficate shall be sworn to and subscribed before any justice of the peace,



Online Librarystatutes Alabama. LawsA digest of the laws of the state of Alabama; → online text (page 67 of 89)