Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1859-03-08

taker-up and the newspaper. (for all which the
sheriff Is authorized 20 receipt then such
slave shall be delivered up 20 such owner or
master.
SEC. 10. Before any slave in custody Of the
sheriff as a runaWav, shall be delivered up %
any claimant, such claimant shall. FIRST, prove
By the affidavit Of some lisinterested person
taken before some Judge, justice Of the peace,
or notary public, (whose official characters if
officers Of another state or Territory, shall be
legally auihenticated,) that he, the claimant,
has lost sucha slave as described IN the ad-
rrrtsement aforesaid Nc0n8, The claimant
snail make his own affidavit that the slave ia
custody is -he identical slave so lost, and TO
which be Is entitled ss own or master, Tor as
agent for tie owner or master, producing aU-
thoHty as such agent BY power Of attorney du-
IF acknOw edged and authenticated d Third,
Give bond to the said sheriff with security TO be
approved by him, 10 indemnity him agains. the
lawful claim OF claims Of an other persons 70
such slave Fourth, Pay an costs and charges,
as follows the fee for apprehension, as afore-
said, with mileage, The slerif's costs Of one
one dollar for receiving such slave in custody.
one dollar for each advertisement as aforesaid,
and ten cents per day for each dav the said
slave has remained in his custody, and also the
COS # the ~newspapsrfor the advertisement Of
I such slave.
SEC. "a II after delivering up such slave TO
such claimant, any other person should appear
/ and demand the said slave as his u-ht and
property, the said sheriff shall assign and de-
liver The said bond to such person, who nav
thereon institute suit iu his own name. and re-
cover the value Of said slave and an damages
from the makers Of such bond, but the said
sheriff shall Be thereby fully acquitted Of an
liability on account OF the said slave: Prorifef.
nothing herein shall be construed 20 prevent
the true owner from proceeding against the
person IN possession Of such slave for the spe-
.Ham - H.
relress against such person as be NAV b. le-
gaIy entitled to.
SEc- n. In case such slave shall be sold as
provided in section p, then D. shall be the duty
e the said sheriff, after first dedueting the
costs and charges aforesaid, and the further
costs OF hFe percent. upon The proceeds Of such
sale a. bis commission thereon. 10 paw over TIE
surplus Of such proceeds TO the Territorial
treasurer, taking bis receipt therefor, and fling
with such treasurer a statement Of an costs and
charges retained by him as aforesaid. And
the said treasurer shall duly charge himself
viii, and account Tor such proceeds as for 9TH
rr public funds.
SIC II. II any person shall fail to main
Tan or properly provide food, lodging and raj ]
ment FOR any slave oG which heis the ouner. anv
iadge Of the district court, probate Judge. OF
justice OF the peace, may, and upCu sworn in
formation made before him, shall. cause such
person BY his warrant DO be brought before
d H, and upon Investigation and proof Of such
facts IN a summary manner, without appeal.
slch Judge or fusuce may require such person
70 enter into bond. with sufficient surety, pay
able 20 the Territory, in such sun az be shall
require, AM conditioned for the support and
malntenance Of such slave in the future, which
bond may az any time thsresheT Be Pot IN suit
upon tn affidavit n any person that the same
has become forfeited.
SEC. Il. When a slave shall Be indicted for
felony, the clerk Il the court, up1n the arrest
OF such slave or return Of such Indictment.
shall issue a eta ion 20 the owner OF masts~
named In such Indictment. requiring him 70 an
pear and defend bis said slave. and in case such
owner or master shall not so appear, Il shall be
ne duty o. the court trying the same 10 appoint
counsel tr such slave, who shall BE- author
iLed 70 direct the summons Of all witnesses for
the defense, and IN an respects 10 conduct The
sane, and ne court shall allow 10 such coun-
sci a reasonable fee for his services, and tax !
the same as other costs, and award execution q
against the said owner therefor. /
SIC IS ANY owner Of a slave indicted and :
convicted Of cruel and inhuman treatment to
such slave, shall be punished By Imprisonment
not more than one year, and fine not more than
thousand dollars.
SIC 10. Any owner Of a slave who shall snf- q
Ter such slave 10 hire his own time, or 20 al S
large ard employ himself as a free man for 4
more than -Wenty-f0ur hours ar anv one time
shall, upon conviction thereof, before any ius-
Of tme peace, be fined 90 a sum not exceed 4
ne one hundred dollars, 20 enure % the county =
b treasury. q
SIC. 20. ANY slave who shall Econdust him
'ef disonderiy In a public place. or shall give !,
language, or signs, TO any free white !
'ef son, may be arrested and takeu BIZ such per-
.on before a justice Of the peace, who. upon !
Ilal and conviction, 10 a summary manner. =
hal his constable TO give such slave any !,
lumber Of stripes upon his bare back, not eX- !,
thirty-nine. =
SIC. p. When any slave shall be convicted y
7ny erin or misdemeauor for which lhe
.enalty assigned by law is ia whole or In 81. =
he hne n a sum Of money, the court passing II
rntence upon him, may, IN its discretion, sub -
htute for such fine, corporal punishment bv =
or stripes. p
SEC. D No slave. free negro or muIatfo shall =
e permitted to give any evidence in any court y
gaInst a free white person, but against each !.
ther theV shall be eompeteat witnesses.
SEC. q. Marriages between white persons y
I'd slaves. or free negroes or mglattoes. are T
Tohihited, and such ntes Of m1trimonv are de- =
lared void and any free white person at e
% enter into or procure a marriage II
nth such slave or free negro, or mulatio. n
indictment and conviction, shall be pun -
he'd with Imprisonment not exceeding six y
and a fine not exceeding three hundred al
-
Sc, p. Any slave, free negro or mulatto,
he shah commit Or attempt 20 commit a rape -
pom the person of any white woman, shall. IL
CONVICTION thereof, suffer death. a
SIC. Is. The emancipation Of slaves within =,
is Territoryis totally prohibited. s
SIC. %. No slave shall b. permitted 10 20 ~
on the premises of bis owner or master sfter ~
.usel and before sunrise, without a written p.
specifying the particular place or places n.
which such slave is permitted 10 20. aud any -
person is authorized 70 take any slave. -
ho. upon demand, shall not exhibit such pass, y
fore any Justice Of the peace, who, upon ~
Investigation, shall cause such slave q
be whipped with not more than thirty-nine
rPes on his bare back, and TO be committed ~
the Jail or custody Of a proper officer, to Be
leased fhe next dav, on the demand and pay
Of costs by the owner or master. no.
SEC p. ANY person claiming 10 be entitled eel
ne Possession OF any slave, which is with Do
from him may either institute bis action a
repieVIn therefor as for other property, or Ne
on bis sworn petition directed % the district del
i-e II the district wherein such slave may POI
, shall Be entitled 90 the writ Of habeas cor Re-
s directed % The person having such slave IN pre-
session upon which such proceedings shall ".
haa a. are now had upon such process when COZ
iltuted Tor other persons and II the Judge, ere
on hearing such cause, shall see n. De NAV On
Iuire the party 10 whom be sdiudees the pos son
sion Of the slave 20 enter into such Sond in has
,h amount and with such security a. be shall thr
prove, payable to the adverse party, condi- Of.
for the safe delivery Of said slave to vii
de the Judgment or decree Of any court Of sioi
npeteut jurisdiction which may be rendered GOV
suit % BE- substituted within six months " Z
q the date Of such bond which bond, upon WI
thereof, may be prosecuted 10 judgment on !
inst he makers Of the same, or any Of fnat