may

be

and deemed and held to be guilty of a violation of this law, indicted for the same, and on conviction, shall suffer the same punishment as is hereinbefore pointed out, to be inflicted on persons offending against the provisions of this act.

An Act supplementary to, and more effectually to enforce an act, entitled, [For the title, see sec. 47, &c.]-Passed December 19, 1818. Vol. III. 811.

Whereas the principles of sound policy, considered in reference to the free citizens of this state, and the exercise of humanity towards the slave population within the same, imperiously require that the number of free persons of colour within this state should not be increased by manumission, or by the admission of such persons from other states to reside therein; And whereas divers persons of colour, who are slaves by the laws of this state, having never been manumitted in conformity to the same, are nevertheless in the full exercise and enjoyment of all the rights and privileges of free persons of colour, without being subject to the duties and obligations incident to such persons, thereby constituting a class of people, equally dangerous to the safety of the free citizens of this state, and destructive of the comfort and happiness of the slave population thereof, which it is the duty of this legislature by all just and lawful means to suppress:

500 dollars.

91. Sec. I. Be it therefore enacted, &c. That the act hereinbe- Act of 1801 to fore referred to, shall be strictly enforced, but the penalties therein be enforced. prescribed, except where the same shall be otherwise provided for Penalties inby this act, shall be increased to five hundred dollars, for each and creased to every offence inhibited by the said act, and shall, together with such penalties as are prescribed by this act, and the proceeds of all sales Proceeds of directed hereby, after deducting costs, be appropriated, one half to sales and pethe use of the person suing or prosecuting for the same, and the appropriated, other half to the use of the county in which the offence is committed, except in the city of Savannah, where the half of such penalties here- except in Saby appropriated to the use of the county, shall be appropriated and vannah. paid over to the use of that corporation.

nalties, bow

1801, as to

(except sea

come into this

The third section of the said act, hereinbefore re- Construction 92. Sec. II. ferred to, shall be construed to extend to inhibit the recording only of of the act of so much of any instrument (as is therein described) as shall relate to recording. the manumitting or setting free of any slave or slaves. 93. Sec. III. From and after the passing of this act, it shall not be No free perof colour, (Indians in amity with the state, son of colour, lawful for any free person and regularly articled seamen or apprentices, arriving in any ship or men.) shall vessel, excepted) to come into this state; and each and every person state, on pain or persons offending herein, shall be liable to be arrested by warrant, of 100 dolls. under the hand and seal of any magistrate in this state, and being there- as a slave. of convicted, in the manner hereinafter pointed out, shall be liable to a penalty not exceeding one hundred dollars, and upon failure to pay the same within the time prescribed in the sentence awarded against such person or persons, he, she, or they, shall be liable to be sold by public outcry, as a slave or slaves, in such manner as may be prescribed by the court awarding such sentence, and the proceeds of such sales shall be appropriated in the manner provided for the appropriation of penalties recovered under this act; Provided, that any person Prosecution or persons who shall have been convicted under this section, and shall may be rehave complied with the sentence awarded against him, her, or them, 20 days. by payment of the penalty or penalties, shall be liable to a new prosecution, and to all the pains and penalties herein prescribed, as often

59

peated every

A seaman

may be pro

as he, she, or they shall be found within the limits of this state, after the expiration of twenty days from the time of his, her, or their discharge from such previous prosecution: And provided moreover, that secuted after any articled seaman or apprentice as aforesaid, who may be found 20 days from within the limits of this state, after the expiration of twenty days from of his vessel. the departure of the ship or vessel in which he may have arrived, or after his discharge from such ship or vessel, shall be liable to all the pains and penalties of this act.

the departure

All wills and contracts of

roid.

making or concerned therein, subject to a pe

94. Sec. IV. All and every will and testament, deed, whether by manumission, way of trust or otherwise, contract, agreement, or stipulation, or other instrument in writing, or by parol, made and executed for the purpose of effecting or endeavouring to effect the manumission of any slave or slaves, either directly by conferring or attempting to confer freedom on such slave or slaves, indirectly or virtually, by allowing and securing, or attempting to allow and secure, to such slave or slaves, the right or privilege of working for his, her, or themselves, free from the control of the master or owner of such slave or slaves, or of enjoying the profits of his, her, or their labour or skill, shall be, and All persons the same are hereby declared to be utterly null and void; and the person or persons so making or executing any such deed, contract, agreement, stipulation, or other instrument in writing, or by parol, and all and every person or persons concerned in giving or attempting to give effect thereto, whether by accepting the trust thereby created or attempted to be created, or in any other way or manner whatsoever, shall be severally liable to a penalty not exceeding one thousand dollars, to be recovered in the manner hereinafter pointed out; and each tempted to be and every slave or slaves, in whose behalf such will or testament, made free, deed, contract, agreement, or stipulation, or other instrument in writing, or by parol, shall have been made, shall be liable to be arrested by warrant under the hand and seal of any magistrate of this state, and being thereof convicted in the manner hereinafter prescribed, shall be liable to be sold as a slave or slaves, by public outcry, and the proceeds of such sales shall be appropriated in the manner prescribed by the first section of this act.

nalty not exceeding 1000 dollars,

and the slaves at

shall be sold.

All free persons of colour

by

inferior court,

95. Sec. V. All and every free person or persons of colour, reshall be annu- siding or being within this state, at the time of the passing of this act, register and continuing or being therein on the first day of March next,* exclerk of the cept as hereinbefore excepted, shall, on or before that day, and annually on or before the first Monday in March* in each and every succeeding year, which they shall continue within the limits of this state, make application to the clerk of the inferior court of the county in which they reside, and it shall be the duty of said clerk to make a registry of such free person and persons of colour, in a book by him to be kept for that purpose, particularly describing therein the names, ages, places of nativity and residence, time of coming into this state, and occupation or pursuit of such free person or persons of colour; and such clerk shall be entitled to demand and receive fifty cents for each and every person or persons so registered as aforesaid, and for granting a certificate thereof, which he shall in like manner be bound to do, on or before the first Monday in May thereafter, if no person and adverti- shall appear to gainsay the same; and to the intent that all persons concerned or interested therein, may have due notice thereof, it shall be the duty of such clerk forthwith, after the said first Monday in March in each and every year, to cause to be published in one or more of the public gazettes of the county, or in counties where there

sed.

*See sec. 103.

how filed,

are no gazettes, in some one or more of the gazettes of the state, a list of such free persons of colour, applying for registry, with notice that certificates will be granted to such applicants, if no objections are made thereto, on or before the second Monday in April thereafter; and each and every person desirous of objecting thereto, shall file Objections, such his objections in the office of such clerk within the time specified in such notice, which proceedings shall be by the said clerk noti- and acted on. fied to the justices of the inferior court of such county, and shall be tried and determined in the manner hereinafter pointed out; and the Certificates. said clerk shall grant or withhold such certificate, according to the determination thereof: Provided, that the expense of such publication Provisoshall be defrayed out of the county funds, where the moiety of the several penalties prescribed by this act is appropriated to the county, and out of the funds of the city of Savannah where such moiety is appropriated to the corporation of said city. [But see 103.]

expense of publication

colour not

96. Sec. VI. All and every person of colour (Indians in amity All persons of with this state, or regularly articled seamen or apprentices arriving complying in any ship or vessel excepted) who shall, after the first Monday in with this act, May next, be found within the limits of this state, whose names shall not be enrolled in the book of registry, described in the preceding section, or having been enrolled, who shall have been refused certificates in the manner therein prescribed, and who shall be working at large, enjoying the profits of his or her labour, and not in the employment of a master or owner, or of some white person, by and in virtue of an actual and bona fide contract, with the master or owner of such person of colour, securing to such master or owner the profits arising from the labour of such person of colour, shall be deemed, held, and taken to be slaves, and may be arrested by warrant under may be arrest the hand of any magistrate of this state, and such proceedings being as slaves. had as are hereinafter provided, shall be sold by public outcry as slaves, and the proceeds of such sales shall be appropriated in the manner specified in the first section of this act. [See 103.]

ed and sold

of colour lia

97. Sec. VII. All registered free persons of colour, between the Free persons ages of fifteen and sixty years, shall be liable to do public work in ble to do pubthe counties or corporate towns in which they may reside, under lic work. such regulations and on pain of such penalties for noncompliance as the justices of the inferior courts of the several counties, and the mayor and aldermen, or intendant and wardens, or commissioners of such corporate towns shall prescribe; and it shall be the duty of such justices of the inferior court, and of such mayor and aldermen, intendant and wardens, or commissioners, to call out such free persons of colour, and employ them in public work within their respective jurisdictions for a term not exceeding twenty days in one

year.

not acquire

slaves,

93. Sec. VIII. No free person of colour within this state, (Indi- They shall ans in amity with this state excepted,) shall be permitted to purchase the title or or acquire any real estate,* or any slave or slaves, either by a direct use of any conveyance to such free person of colour of the legal title of such real estate, or slave or slaves, or by a conveyance to any white person or persons of such legal title, reserving to such free person of colour the beneficial interest therein, by any trust, either written or parol, by any will, testament, or deed, or by any contract, agreement, or stipulation, either written or parol, and securing, or attempting to secure to such free person of colour, the legal title or equitable or beneficial interest therein, but all and singular such real estate, and

But see 105

But such

slaves shall be forfeited,

each and every such slave or slaves shall be deemed and held to be wholly forfeited,* and the escheators in the several counties in this state shall be, and they are hereby required to proceed against such property in the manner pointed out by the several acts to regulate and how ap- escheats in this state; and the proceeds of such forfeited property

plied.

1000 dollars

penalty on persons at

tempting to

cover such property.

Penalties under this act,

Duty and

power of the inferior

shall, after deducting ten per centum on the gross amount thereof, which shall be paid to the person giving information of the same to the escheator, or to the escheator himself, if he shall discover the same, and the costs of the inquisition be appropriated one half to the use of the county, except in the county of Chatham, in which such moiety shall be paid to the corporation of the city of Savannah, and the other moiety shall be paid into the treasury of the state; and all and every person or persons who shall be concerned in covering or protecting such property, so as to secure or attempt to secure the legal or equitable title therein to such free person or persons of colour, contrary to the true intent and meaning of this act, shall be liable to a penalty not exceeding one thousand dollars, which shall be sued for and recovered in the mauner hereinafter pointed out, and shall be app opriated in the mode prescribed in the first section of

this act.

99. Sec. IX. All and singular the penalties prescribed by this act, how prosecu- and each and every proceeding directed herein, except where it is otherwise specially provided thereby, shall be prosecuted, recovered, and enforced against all and every white person or persons, who shall become amenable thereto by action of debt or indictment in the superior courts of the respective counties, according to the ordinary course of proceedings therein; and the same shall be prosecuted, recovered, and enforced against all and every person or persons of colour, whether free or slave, before the justices of the inferior courts of the respective counties, or a majority of them, either at the regular sessions of such courts, or at special sessions to be held for that purpose, which the said justices, or a majority of them, are hereby empowered to hold, and to do all needful and necessary acts therein, for giving full effect to the provisions of this act; and the said justices shall in like manner be authorized to hear and detercourts under mine all objections which shall be made to the registry of any person of colour claiming to be free, reserving always to the judges of the superior courts the constitutional right of revising all such proceedings; for which purpose the said justices shall be required to make a special record of their several actings and doings in the premises, and of all evidence or testimony given therein, and to transEvidence of mit the same when required to the said judges: Provided always, that in all trials which may be had under this act, except for the enforcement of penalties against white persons, the court shall be authorized to require the answers on oath, (to such questions touching the same as they may deem relevant,) of all and every white person or persons claiming title to such persons of colour, or to any real or personal property, which shall be proceeded against, as forfeited under this act, or in whose employment such person of colour may be, or who may be guardian of such person of colour, and the same shall be read as evidence therein.

this act.

owners.guar

dians, &c.

Construction of this act.

100. Sec. X. It shall be the duty of all courts and judges before whom any proceedings may be had under this act, so to construe the several provisions thereof as to carry the same into full and complete operation, according to the true spirit, intent. and meaning thereof, as

See 104. 105

ers of the

declared in the preamble of the same; and all and every such courts General powand judges are hereby invested with full power for such purpose, courts in givand are authorized and required to make all necessary rules and re- ing it effect. gulations, and to adopt all needful proceedings not herein specially provided, according to the usual course of justice, which may be at any time required, for the purposes aforesaid.

how return

101. Sec. XI. All warrants issued by any magistrate under this Warrants, act, against any person of colour, whether free or slave, shall be re-ed and acted turned by the officer executing the same, to the justices of the inferior on. court of the county, in which the same may be issued; and the said justices, or a majority of them, shall proceed immediately to hear and determine thereon, making such record of their proceedings as is hereinbefore provided.

Act of the 19th December, 1818. Vol. III. Pam. 183.

'Whereas numbers of African slaves have been illegally introduced into the state, in direct violation of the laws of the United States and of this state;

tled to one

102. Be it therefore enacted, &c. That for the encouragement of Persons seizthose who have used, or shall use, their efforts to suppress this traffic, illegally im ing Africans by informing against, and seizing the slaves so imported, they shall, ported, ention final condemnation of the same, as forfeited to the state, receive tenth of the one-tenth of the amount of the nett proceeds of the sales of the same: Provided, nothing herein contained shall be so construed as to extend farther back than the year eighteen hundred and seventeen.

Act to amend the Act of 1818. [See 91.]-Passed December 22, 1819.

Vol. III. 820.

amount.

of colour al

in July to re

names.

103. Sec. I. All free persons of colour contemplated in the above- Free persons recited act, who failed to comply with the provisions therein contain- lowed until ed, shall be, and they are hereby declared to be exonerated, released, 1st Monday and discharged from all pains or forfeitures to which they were there- gister their by subjected; Provided, they do on or before the first Monday in July next, and annually thereafter on the first Monday in July, comply with the provisions contained in said act: Provided, that this act shall not extend to any case where there has been an actual forfeiture and sale.

104. Sec. II. All property held by any free persons of colour, at the time of the passing of the above-recited act, shall not be deemed or considered, as forfeited; but that the same shall remain in the owner, or in his or her descendants after his or her death.

Property con them, not farfeited, but the

veyed to

conveyance null and void.

105. Sec. III. The 8th section of the act aforesaid be, and the Amendment same is hereby repealed so far as relates to real estate, except in the to real es cities of Savannah, Augusta, and Darien.

tate.

106. Sec. IV. The above-recited act shall not extend to and ope- Minors bound out, excepted rate upon free persons of colour who are minors, and bound out ac- from the act cording to law.

of 1912.