shall. on due conviction thereof, be imprisoned for a period not exceeding two years, nor less than six months, and without or with hard labor, and fined in a sum not exceeding one thousand dollars, according to the aggravation of the offence, at the discretion of the court having cognizance thereof.

25

ART. CCXLIII. If a free person of color insult, or assault and beat any white person, such offender, on conviction of either of said offences, shall be punished by imprisonment or fine, or by both, at the discretion of the court, according to the enormity of the offence.26

ART. CCXLIV. If any master or mistress shall abuse, or cruelly or evilly treat, or shall not discharge his or her duty. towards his or her apprentice or servant, or if said apprentice or servant shall abscond, or absent him or herself from the service of his or her master or mistress, without leave, or shall not do or discharge his or her duty to his or her master or mistress, then said master, or mistress, or apprentice, or servant, being aggrieved, shall or may apply to the judge of any [parish] where the parties reside for redress, who, after giving due notice to the party against whom the complaint is lodged, [shall] bring said parties, by warrant or otherwise, before him, and take such order and direction between the said master and mistress, apprentice, or servant, as the equity and justice of the case may require.28

25 § 5, act 19 March, 1816, 1 D. 127. 26 See note 17, ante.

27 § 3, act 21 May, 1806, 1 D. 22.

28 As this act was originally passed the application was required to be made to "the judge of any county." By the 10th section of the act of 31 March, 1807, p. 14, parish judges were established in place of the county judges then existing.

See art. CLXXVIII, for powers of mayor or parish judge where apprentice or bound servant has absconded, or absented himself from the service of his master.

ART. CCXLV.29 In case any person or persons should inflict any cruel punishment, except flogging, or striking with a whip, leather thong, switch, or small stick, or putting in irons, or confining [any] slave, the said person shall forfeit and pay, for every offence, a fine not exceeding five hundred, and not less than two hundred dollars.

ART. CCXLVI.30 If any slave be mutilated, beaten, or ill treated, contrary to the true intent and meaning of [the last article], when no one shall be present, in such case, the owner, or other person having the charge or management of said slave thus mutilated, shall be deemed responsible and guilty of the said offence, and shall be prosecuted without further evidence, unless the said owner or other person, so as aforesaid, can prove the contrary by means of good and sufficient evidence, or can clear himself by his own oath; which said oath every court under the cognizance of which such offence shall have been examined and tried, is [hereby] authorized to administer.

ART. CCXLVII.31 If any person or persons shall, without due process of law, seize, and forcibly confine, or inveigle, or kidnap any negro, mulatto, or other person of color, not being a slave, with intent to send him within or out of this state against his will, or shall conspire with any other person or persons, or aid, [abet], assist, command, or procure any other person to commit the said offence, such person or persons so offending, shall, on conviction of any of the said offences, be fined, or imprisoned, or both, at the discretion of the court before which such conviction shall be [had]; such fine not to exceed one thousand dollars, and such imprisonment not to exceed fourteen years at hard labor or otherwise.

29 Part of ◊ 16, part 2, act 7 June, 1806, 1 D. 118.

30 § 17, ibid.

316, act 6 March, 1819, 1 D. 398. The words "abet" and "had," between brackets, are substituted for "abate" and "heard," evidently clerical errors in the original act.

...

32

ART. CCXLVIII. Every person who shall be a second time, or oftener convicted of any offence of kidnapping, as mentioned in the preceding [article], shall be imprisoned at hard labor not exceeding twenty years.

ART. CCXLIX.33 If any free person, or persons, shall hereafter knowingly bring, or cause to be brought into this state, any free negro, mulatto, or person of color, and shall hold the same as a slave, or shall offer the same for sale to any person or persons in this state as a slave, every such person, or persons, shall pay for every such free negro, mulatto, or free person of color, the sum of one thousand dollars, over and above the damages, which may be recovered by such free negro, mulatto, or free person of color, to any person, or persons, who will sue for and recover the same; which may be done either by indictment, or by information filed by the attorney general, or by the district attorney, as the case may be, or by a civil action brought by any person prosecuting for the same.

327, act 6 March, 1819, 1 D. 399. 33 § 8, act 16 March, 1830, p. 92.

CHAPTER IX.

OFFENCES AGAINST THE HABITATIONS AND PROPERTY OF INDIVIDUALS.

CCL. Arson, or malicious burning of any house or water craft-CCLI. or preparing combustible matter with intent so to do. CCLII. Burning, or attempting to burn, or otherwise destroy any public work, or work belonging to a corporation, not punishable as arson. CCLIII. Maliciously burning any hovel, crib, cock, mow, or stack of hay, fodder, corn, or grain, or being accessary thereto before the fact. CCLIV. Burning or destroying any stack of rice, corn, or other grain, or raw, or manufactured produce of the state, by any free negro, mulatto, indian, or mustee. CCLVVI. Burglary, or aiding, consenting, or abetting therein, or being accessary thereto before the fact. CCLVII. Breaking and entering any shop, store, court house, church, barn, rice or sugar house, cotton gin, office, warehouse, or out house appurtenant to a dwelling house, or plantation, or ship, or vessel, in the night, with intent to commit any felony, or, having with such intent entered, in the night breaking any such building or vessel, or aiding, or consenting therein, or being accessary thereto before the fact. CCLVIII. Entering in the night, without breaking, or in the day breaking and entering any dwelling house, or out house adjoining and occupied therewith, or any office, shop, or warehouse, or any vessel, with intent to commit felony, or aiding, abetting, or counselling therein. CCLIX—LX.

Larceny. CCLXI. Embezzling or using money belonging to, or on deposit in any bank of this state, by any officer or other person employed in such bank, or aiding or abetting therein. CCLXII. Stealing any horse, mare, ass, or mule. CCLXIII. Inveigling, stealing, or carrying away any slave, or hiring, aiding, or counselling any person so to do, or aiding any slave to run away. CCLXIV-VI. Conveying any slave out of the state on board of any vessel or water craft, without the consent of the owner, or receiving, or permitting such slave to be received on board any such vessel with intent to carry such slave out of the state, or concealing or permitting any runaway slave to be concealed on such vessel, for the purpose of enabling such slave to es- › cape. CCLXVII. Carrying, or attempting to carry any slave out of the state, by land, without the consent of the owner, with intent to enable such slave to escape. CCLXVIII-IX. Master of vessel transporting, or attempting to transport any person of color out of the state, without complying with the requisitions of the law-CCLXX. or refusing, or neglecting to land any slave found concealed on board, if discovered within the limits of the state. CCLXXI. Transporting by mortgagor, or attempting to transport any mortgaged slaves out of the state, in fraud of mortgagee. CCLXXII-IV. Receiving by hiring, or otherwise, any slave without the permission of his or her master, or harboring or concealing runaway slaves knowing them to be such, or cutting or breaking chain or collar used to prevent their running away. CCLXXV. Robbery. CCLXXVI. Attempting to rob from the person, by cutting or tearing the clothes, thrusting the hand into the pockets, or otherwise. CCLXXVII. Taking possession of vacunt estate, or of part thereof, without authority, with intent to convert the same to his or her own use. CCLXXVIII. Neglect, or refusal to comply with provisions of law, in regard to anchors or cables found in the Mississippi. CCLXXIX. Transporting, for profit or hire, any person or goods across any river,