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not exceeding ten dollars, and pay the costs of such proceedings, and all such arms or ammunition shall be forfeited to the informer; and it shall be the duty of every civil and military officer to arrest any freedman, free negro, or mulatto found with any such arms or ammunition, and cause him or her to be committed for trial in default of bail.
Sec. 2. Be it further enacted, That any freedman, free negro, or mulatto committing riots, routs, affrays, trespasses, malicious mischief, cruel treatment to animals, seditions speeches, insulting gestures, language, or acts, or assaults on any person, disturbance of the peace, exercising the function of a minister of the gospel without a license from some regularly organized church, vending spirituous or intoxicating liquors, or committing any other misdemeanor, the punishment of which is not specifically provided for by law, shall, upon conviction thereof in the county court, be fined, not less than ten dollars, and not more than one hundred dollars, and may be imprisoned at the discretion of the court, not exceeding thirty days.
Sec. 3. Be it further enacted, That if any white person shall sell, lend, or give to any freedman, free negro, or mulatto any fire-arms, dirk or bowie-knife, or ammunition, or any spirituous or intoxicating liqnors, such person or persons so offending, upon conviction thereof in the county court of his or her county, shall be fined not exceeding fifty dollars, and may be imprisoned, at the discretion of the court, not exceeding thirty days: Provided, That any master, mistress, or employer of any freedman, free negro, or mulatto, may give to any freedman, free negro, or mulatto, apprenticed to or employed by such master, mistress, or employer, spirituous or intoxicating liquors, but not in sufficient quantities to produce intoxication.
Sec. 4. Be it further enacted, That all the penal and criminal laws now in force in this State, defining offences and prescribing the mode of punishment for crimes and misdemeanois committed by slaves, free nezroes, or mulattoes, be, and the same are hereby, re-enacted and declared to be in full force and effect, against freedmen, free negroes, and mulattoes, except so far as the mode and manner of trial and punishment have been changed or altered by law.
Sec. 5. Be it further enacted, That if any freedman, free negro, or mulatto, convicted of any of the misdemeanors provided against in this act, shall fail or refuse for the space of five days, after conviction, to pay the fine and costs imposed, such person shall be hired out by the sheriff or other officer, at public outcry, to any white person who will
said fine and all costs, and take said convict for the shortest time.
Sec. 6. Be it further enacted, That this act shall be in force and take effect from and after its passage.
Approved November 29, 1865.
AN ACT supplementary to An act to confer civil rights upon freedmen," and for other
purposes. SECTION 1. Be it enacted by the legislature of the State of Mississippi, That in every case where any white person has been arrested and brought to trial by virtue of the provisions of the tenth section of the above-recited act, in any court in this State, upon sufficient proof being made to the court or jury, upon the trial before said court, that any freedman, free negro, or mulatto has falsely and maliciously cansed the arrest and trial of said person or persons, the court shall ronder up a judgment against said freedor an, free negro, or mulatto for all costs of the case, and impose a fine not to exceed fifty dollars, and imprisonment in the county jail not to exceed tweniy days; and for a failure of said freedman, free negro, or mulatto to pay or cause to be paid all fines, costs, and jail fees, the sheriff of the county is hereby authorized and required, after giving ten days' public notice, to proceed to hire out at public outcry at the court-house of the county said freedman, free negro, or mulatto for the shortest time, to raise the amount necessary to discharge said freedman, free negro, or mulatto from all costs, fines, and jail fees aforesaid.
Sec 2. Be it further enacted, That this act shall take effect and be in force from and after its passage.
Approved December 2, 1865.
AN ACT concerning negrses and persons of color or of mixed blood. SECTION 1. Be it enacted by the general assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That negroes and their issue, even where one ancestor in each succeeding generation to the fourth inclusive is white, shall be deemed persons of color.
Sec. 2. Be it further enacted, That all persons of color who are now inhabitants of this state shall be entitled to the same privileges, and subject to the same burthen and disabilities, as by the laws of the State were conferred on, or were attached to, free persons of color, prior to the ordinance of emancipation, except as the same may be changed by law.
Sec. 3. Be it further enacted, That persons of color shall be entitled to all the privileges of white persons, in the mode of prosecuting, defending, continuing, removing and transferring their suits at law and in equity; and likewise to the same mode of trial by jury, and all the privileges appertaining thereto. And in all proceedings in equity, by or against them, their answer shall have the same force and effect in all respects as the answer of white persons.
Sec. 4. Be it further enacted, That in all cases of apprenticeship of persons of color, under chapter five (5) of the revised code, the master shall be bound to discharge the same duties to them as to white apprentices, and the words “as are wbite,” in section three, line three, are hereby repealed, and the word “ prentice” shall be read after the word “such,” in said line, and the words "if a white person,” in the second line of section six, are hereby repealed, and the word “apprentice” shall be read after the same: Prorided always, That in the binding out of apprentices of color, the former masters of such apprentices, when they shall be regarded as suitable persons by the court, shall be entitled to have such apprentices bound to them, in preference to other persons.
(Chapter 5, section 3, of the revised code, as amended by this act, reads thus :
“ The master or mistress shall provide for the apprentice diet, clothes, lodging, and accommodations fit and necessary; and such apprentice shall teach or cause to be taught to read and write, and the elementary rules of arithmetic ; and at the expiration of every apprenticeship shall pay to cach apprentice six dollars, and furnish him with a new suit of clothes, and a new Bible; and if upon complaint made to the court of pleas and quarter sessions it shall appear that any apprentice is ill-used, or not taught the trade, profession and employment to which he was bound, or that any apprentice is not taught reading, writing, and arithmetic as aforesaid, the court may remove and bind him to some other suitable person.”)
(Section 6, chapter 5, of the revised code of North Carolina, as amended by this act, reads thus :
“ If any apprentice, whether colored or otherwise, who shall be well used by his master, and who shall have received from his said master not less than twelve months'schooling, shall absent himself, after arriving at the age of eighteen years, from his master's service before the term of his apprenticeship shall have expired,
every such apprentice shall be compelled to make satisfaction to the master for the loss of his service; and in case any apprentice sball refuse to make such satistaction, his master may recover by warrant before any justice of the peace such satisfaction, not exceeding sixty dollars, as the justice may determine ought to be made by such apprentice; or the master may have his action on tie case against the apprentice for his default: Provided, That no apprentice shall be compelled to make any satisfaction, but within seven years next after the end of the term for which he shall be bound to serve.")
Sec. 5. Be it further enacted, That in all cases where men and women, both or one of whom were lately slaves, and are now emancipated, now cohabit together in the relation of husband and wife, the parties shall be deemed to bave been lawfully married as man and wife at the time of the commencement of such cohabitation, although they may not have been married in due form of law. And all persons whose cohabitation is hereby ratified into a state of marriage shall go before the clerk of the court of pleas and quarter sessions of the county in which they reside, at his office, or before some justice of the peace, and aeknowledge the fact of such cohabitation, and the time of its commencement, and the clerk shall enter the same in a book kept for that purpose; and if the acknowledgment be made before a justice of the peace, such justice shall report the same in writing to the clerk of the court of pleas and quarter sessions, and the clerk shall enter the same as though the acknowledgment had been made before him; and such entry shall be deemed prima facie evidence of the allegations therein contained. For making such entry and giving a certificate of the same, the clerk shall be entitled to a fee of twenty-five cents, to be paid by the party for whom the services are rendered.
Sec. 6. Be it further enacted, That if any such persons shall fail to go before the clerk of the county court, or some justice of the peace of the county in which they reside, and have their marriage recorded before the first of September, one thousand eight hundred and sixty-six, they shall be deemed guilty of a misdemeanor, and punished at the discretion of the court, and their failure for each month thereafter shall constitute a distinct and separate offence.
Sec. 7. Be it further enacted, That all contracts between any persons whatever, whereof one or more of them shall be a person of color, for the sale or purchase of any horse, mule, ass, genet, neat-cattle, hog, sheep, or goat, whatever may be the value of such articles, and all contracts between such persons for any other article or articles of property whatever, of the value of ten dollars or more ; and all contracts executed or executory between such persons for the payment of money of the value of ten dollars or more, shall be void as to all persons whatever, unless the same be put in writing, and signed by the vendors or debtors, and witnessed by a white person who can read and write.
Sec. S. Be it further enacted, That marriage between a white person and a person of color shall be void; and every person authorized to solemnize the rites of matrimony who shall knowingly solemnize the same between such persons, and every clerk of a court who shall knowingly issue license for their marriage, shall be deemed guilty of a misdemeanor, and, moreover, shall pay a penalty of five hundred dollars to any person suing for the same.
Sec. 9. Be it further enacted, That persons of color not otherwise ineompetent shall be capable of bearing evidence in all controversies in law and in equity, where the rights of persons or property of persons of color shall be put in issue, and would be concluded by the judgment or decree of court; and also in pleas of the State, where the violence, fraud, or injury alleged shall be charged to have been done by or to persons of color. In all other civil and criminal cases such evidence shall be deemed inadmissible, unless by conseat of the parties of record : Provided, That this section shall not go into effect until jurisdiction in matters relating to freedmen shall be fully committed to the courts of this State: Provided further, That no person shall be deemed incompetent to bear testimony in such cases because of being a party to the record or in interest.
Sec. 10. Be it further enacted, That whenever a person of color shall be examined as a witness, the court shall warn the witness to declare the truth.
Sec. 11. Be it further enacted, That any person of color convicted by due course of law of an assault with intent to commit rape upon the body of a white female, shall suffer death.
Sec. 12. Be it further enacted, That the criminal laws of the State embracing and affecting a white person are hereby extended to persons of color, except where it is otherwise provided in this act, and whenever they shall be convicted of any act made criminal, if committed by a white person, they shall be punished in like manner, except in such cases where other and different punishment may be prescribed or allowed by this act.
Sec. 13. 'Be it further enacted, That at the time now provided for the election of wardens of the poor, the justices of the court of pleas and quarter sessions of each county, under the rules and regulations now prescribed, may, in their discretion, elect two distinct and independent courts of wardens, one of whom shall act as the wardens of the white poor, and the other as the wardens of the colored poor. Sec. 14. Be it further enacted, That the persons constituting each court
, shall be qualified as now provided, and the wardens severally, and each court shall have all the powers and authorities now conferred upon them; and they and the officers of each court, and all other persons whatever, shall be subject to all the duties, liabilities, and penalties imposed on them by chapter eightysix of the revised code.
Sec. 15. Be it further enacted, That the following laws and parts of laws are hereby repealed :
First. Certain laws contained in the revised code, viz: The entire chapter one hundred and seven, entitled, “Slaves and free negroes,” except sections fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, and sixty-six, and these sections shall be so amended as to read persons of color, instead of “free negroes,” in all cases where the latter words occur ; section two of chapter fourteen, entitled, “ Boats and canoes;" sections ten, eleven, twelve, thirteen, eighty-one, eighty-two, eighty-three, eighty-four, eighty-five, eighty-six, eighty-seven, eightynine, ninety, ninety-one, ninety-two, ninety-three of chapter thirty-four, entitled, "Crimes and punishments;" sections seventeen, nineteen, and twenty-one of chapter thirty-seven, entitled, “Deeds and conveyances;” section four of chapter forty-eight, entitled, Fences;” section twenty-eight, chapter fifty-nine, entitled; "Insolvent debtors;" section thirty-nine of chapter eighty-four, entitled, “ Pilots;" sections fifteen, sixteen, seventeen, eighteen, nineteen, and twenty, of chapter eighty-six.
Secondly. Certain acts passed since the enactment of the revised code, to wit: An act ratified on the sixteenth day of February, eighteen hundred and fifty-nine, chapter thirty, entitled “ An act for the hiring out of free negroes in certain cases;" an act ratified on the same day, chapter thirty-one, entitled “ Act to prevent the sale of spirituous liquors to free persons of color;" an act ratified on the thirty-first day of January, cighteen hundred and sixty-one, chapter thirty-seven, entitled " An act to prohibit the emancipation of slaves by will;" an act ratified on the twenty-third day of February, eighteen hundred and sixty-one, chapter twenty-three, entitled "An act to amend the sixteenth and seventeenth sections of chapter thirty-four, revised code;" an act passed on the same day, chapter thirty-four, entitled "An act to amend chapter one hundred and seven, section sixty-six, of the revised code, relating to free negroes bearing arms;" an act ratified on the same day, chapter thirty-six, entitled " An act to prevent free negroes hiring or having the control of slaves;" an act ratified on the same day, chapter thirty-five, entitled “ An act to change the rules of evidence in indictments for trading with slaves ;” an act ratified on the twenty. first day of September, eighteen hundred and sixty-one, chapter twenty-six, entitled "An act to amend section fifteen of the one hundred and seventh chapter of the revised code;" an act ratified on the twentieth day of December, eighteen hundred and sixty-two, chapter sixteen, entitled “ An act to authorize the governor to employ slave labor in erecting fortifications and other works."
Sec. 16. Be it further enacted, That all other acts and parts of acts passed before the present session of the general assembly, besides those enumerated in the foregoing section, the subjects whereof are revived and re-enacted in this act, or which are repugnant to the provisions herein contained, are hereby declared to be repealed, and of no force and effect, from and after the ratification of this act, with the exceptions and limitations hereinafter mentioned.
Sec. 17. Be it further enacted, That the repeal of the acts mentioned in the preceding sections shall not affect any acts done, or any right accruing, or accrucd, or established, or any suit or proceeding had or commenced in any case, before the ratification of this act.
Sec. 18. Be it further enacted, That no offence committed under any of the acts hereby repealed, and before the time when they ceased to be laws of this State, shall be affected by such repeal, except that when any punishment shall have been mitigated by the provisions of this act, such provisions shall be extended and applied to any judgments to be pronounced after the repeal or cessation to have effect: Provided, however, That in case of the conviction of any person of color, for any such offence, he shall be purnished therefor in like manner only as if he were a white man.
Sec. 19. Be it further enacted, That no suit or prosecution, pending at the time of the repeal, for any offence committed, or for the recovery of any penalty or forfeiture incurred, under any of the acts repealed, shall be affected by such repeal.
Ratificd this 10th day of March, 1866.
The following are the acts and sections of the revised code as amended by section fifteen of the act of March 10, 1866:
Apprentices. 1. It shall be the duty of the several courts of pleas and quarter sessions to bind out, as apprentices, all orphans whose estates are of so small value that no person will educate and maintain them for the profits thereof; also, all children under age whose fathers have deserted their families, and have been absent for the term of one year, leaving them without sufficient support, or where application may be made to the wardens of the poor for relief, and the said warden: shall certify the same to the court of pleas and quarter sessions; also, all children under age whose mothers shall have secured to them such property as they may thereafter acquire, provided in this case that the children be not remaining with the father, and the court, in its discretion, thinks it improper tn permit such children to remain with the mother; also, the children of free negroes where the parents with whom such children may live do not habitually employ their time in some honest, industrious occupation; and all free base-boru children of color.
Sec. 2. Every male apprentice shall be bound to some tradesman, merchani. mariner, or other person, approved by the court, until the age of twenty-one years; and every female to some suitable employment, till the age of eighterli years, if white, but if colored, till twenty-one.