Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-03-13
NEGRO TESTIMONY NYIRs1Xm "a

The. following act passed by the Genera
Assembly, is 1 now the law Of Virginia in re.
latiOn to negro testimony
An Act in relation to the Testimony IL co,.
ored Persons. W.
Be it enacted by the General Assemble
That colored persons and Indians shall
otherwise competent, and subject to the rules
applicable to other persons, be admitted as
witnesses IN the following cases:
L. In all civil cases and proceedings at law
or IN equity, in which a colored person or nm
Indian is party, or may be directly bene6t-
ted or injured by the result
z. In all criminal proceedings in which -
eOlored person or an Indian is party ~
which arise out of an injury done, attempted
OF threatened to the person, property mr.
rights of colored person or Indian. or in
winch y Is alleged in the presentment, in
toEthation or indictment, or in which the
court IS OF opinion from the other evidence
that there is probable cause to believe tbot
the offence was committed by white nersou
In conjunction or cooperation with coloro5
person or Indian.
g. The testimony of colored persons shall
In all cases and proceedings, both at law and
In equity, be given ore tcnWs and not by de-
position, and in suits in equity, and in Ill
otner cases In which the deposition of the
witness would regularly be part Of the record,
the court shall, if desired by any partv NJ -
deemed proper by itself, certffy tis f,cts
proved by such witHessss,t OF the evidence
given by him as far as credited by the CONT
us the one or the other may be proper under
the rules of law applicable to the case, and
such certificate shall Be made part of the re-
cord.
o 4. This act shall be in force from its n,,,:
age.
We also append the act defining a nu-
Iatto, &C.:
An Act to amend and re,enac the 9th sec.
ton of chapter lob, of the Code of Virginia.
OF 1860, defining mulatto; providing for
the punishment of offences by colored per.
sons and for the admission of their evidence
IN legal Investigations and to repeal all laws
purposes:
BE it enacted by the General Assembly
That any person having one-fourth or moro
OF negro blood, shall be deemed coIored
person, and every person, not colored per-
son, having One-tourth or more of Indian
blood, shall be deemed an Indian.
All laws IN respect to crimes and punish
ments, and in respect to criminal PROCEEDINGS
applicable to white persons, shall apply in
like manner to colored persons and to indiiaps,
unless when it is otherwise specially pro-
vided.
The following acts and parts Of acts are
hereby repealed: All acts, and parts relating
to slaves and slavery; chapter 1O7 of the Code
of 1860, relating to free negroes; chapter 200
of said Code relating to offences By negroes;
chapter 2l2 of said Code relating to proceed
ings against negroes; chapter 90 of said Code
relating to patrols; sections 26 to 30, both in>
elusive, and sections 33 to 81, both inclusive,
ofchaptcr 90 of said Code; the 9Th paragraph
as enumerated in section 2 of chapter 2V3; of
acts, and parts of acts imposing on negroes
the penalty of stripes, where the same penal
ty IS not imposed on white persons; and all
others acts and parts Of acts inconsistent with
this act
This act shall BIO in force from its passage.