offence recover the penalty prescribed by law? is a question which the present case (according to the testimony,) does not require to be settled, as we are of opinion with the court below that the proof does not establish any criminal concealment or illegal hiring against the defendant. The petition contains a claim for damages to the amount of one hundred dollars, exclusive of the penalty fixed by law. The testimony is somewhat contradictory as to the value of the services of the slave. She is a girl about twelve years of age, and if healthy, her work and labor must be presumed to be worth something. Be this, however, as it may, it is in evidence that one hundred dollars were paid by the husband of the plaintiff, in recovering possession of this slave. Although the conduct of the defendant, as shown by the proof of the cause, cannot be held as criminal, yet viewed either as an individual or a justice of the peace, there is such remissness and negligence on his part, as ought to subject him to all loss and damages actually suffered by the plaintiff in relation to her property, of which he had possession, without right or title. Judgment reversed.

5.

STRAWBRIDGE v. TURNER, et al. March T. 1836. 9 Louisiana

Rep. 213.

owners of a steam

This was an action brought by the plaintiff to recover from the Where the defendants, owners of the steamboat Chesapeake, the value of a slave alleged to have been illegally employed by the captain of the boat as a hand, without the authority or consent of the plaintiff; and while in this service was drowned.

Per Cur. Martin, J. The plaintiff claims the value of a slave, employed as a hand on board the steamboat Chesapeake, by the defendants, without his authority or consent, and who was drowned by jumping or falling overboard. This case was before this court last year, and remanded for a new trial. See 8 Louisiana Reports 537.

boat sufferto be employed as a hand on

ed a slave

board, by

the cap

tain, with

out the au

thority and consent of

his master,

and he was accidentaly drowned,

the owners

of the boat sponsible

were re

for his

After the cause was remanded, and before the second trial, the plaintiff amended his petition, by the addition of an averment, that the defendants, by due diligence, might have prevented the slave being employed as a hand. The parties went to trial on this addi- value. tional allegation to the former cause of action. There was a second verdict and judgment for the plaintiff, and the defendants appealed.

The fact of the slave being employed as a hand on board the

steamboat, was fully proved. It further appears, that the plaintiff on hearing his slave was on board, went there with the intention of arresting him, and in the attempt, the boy, in endeavoring to effect his escape, fell overboard, and was drowned.

The defendant's counsel, urged with some earnestness in the argument of the case, that the hiring and employment of the slave was not the immediate cause of the drowning; but that it was occasioned immediately by the pursuit of the master.

The plaintiff on the other hand, produced evidence which shows clearly the want of due diligence in the owners of the steamboat, in suffering the slave in question to be engaged for several days in unloading and loading her in the city of New Orleans, where they resided. This they could have prevented and did not. The plaintiff has had two verdicts in his favor. His slave absconded, and went on board the steamboat in an illegal and improper manner. He was illegally and without authority hired by the master, of which fact the jury seem to have believed the owners had notice. It does not appear that they made any inquiry whether he was employed on board with or without the knowledge and consent of the plaintiff, his master. The verdict must therefore stand, and remain undisturbed.

of slaves, [See Liabilities to mas- ADMINISTRATION, [See Emancipation.]

Parol, loan of slaves under, [See | AUTHORITY,
Possession.]

aid of magistrate, to prevent trans-
portation of slave, [See Emanci-
pation.]
ALLEGATION,

that a slave was a thief, [See
Warranty.]

ANIMO, Morandi, [See Emancipation.]
ANCESTORS,

Indian, descent from, ¡See Judg-
ment. Freedom.]

ANOTHER,

slaves, acting with or not, [See
Liabilities of master.]

AUNT,

maternal, judgment in favor of,
[See Judgment.]

BAILEE, [See Consideration.]
BAR,

for recovery of Dower. [See De-

vise.

BASTARDY,

Imprisonment of slave for. [See
Fugitive.]

state, removal of slaves to, [See BATTERY,
Emancipation.]

APPLICATION,

of slaves. [See Liabilities to mas-
ter.]

of warranty to other chattels, [See BEATING Slaves.

Warranty.]

APPORTIONMENT,

of wages, [See Hiring.]

ASSAULTING,

BENEFIT,

of creditors,

Slaves.]

[ib.]

assets for, [See

of slave, [See Emancipation.]

of slaves, [See Liabilities to master.] BENEVOLENCE,

acts of, [See Liabilities of master.]
BEQUEST,

of liberty, [See Emancipation.]
BILL, of Sale,

[See Gifts, Mortgages, Sale,]
Warranty.]

BLACKS, presumed slaves from color 195
BONA-FIDE.

Loans, [See Fraud]

Vendee, [See Fugitive. Vendee.]
BOND, to restore slave, [See Hiring.]
BROKER, sale by, [See Warranty.].
BUYER,

of a slave on condition, [See Con-
dition.]

CAPITAL-CHARGE.

Against slaves, [See Liabilities of
Master.]

crime, [See ib. Warranty]
felony, [ib.]

offence, [ib.]
CAROLINA, North, [See Crimes Gifts.]

South, [See Incapacity, Warranty.]
CASE-Action on, [See Harboring.

Redhibitory, [See Warranty.]
CERTIFICATE, of manumission.

Registory of, [See Emancipation.]
CESSION of North West Territory, [See
Emancipation.]

CHANCERY, Court of, [See Recovery]
CHARGE,

Capital, [See Liabilities Master.]

CHATTELS,

other, application of Warranty as
to, [See Wrranty.]
Personal, slaves

ed.

CHILD,

are consider- tion,
2. 37

petition for freedom by, [See
Emancipation.]

conveyance of slaves to, [See Pa-
rent.]

slaves,devised to, [See Remainder.]
when a statu-liber, [See Emanci-
pation.]

CHILDREN, Grand, [See Devise.]

bond or free according to condition
of mother.

of persons, Power of State to
change, [See Emancipation.]

of service, in a deed of emancipa-
[ib.]

in a sale, [See Remainder,]

of slaves, do not depend exclusively
on civil or feudal law.
10
where the buyer purchases a slave
on, to return him in a specified
time if he does not like him, and in
the mean time the slave is injured,
the buyer may return him and is
not liable if he took such care as a
man of prudence takes of his own

3. 24
Born during life of devisee slaves. 26
Born during a qualified manumis-
sion of their mothers, are slaves. 35 CONGRESS,
Manumission of, [See Emancipa-
tion.]

of a statu-liber, [See Emancipa-
tion.]

[See Incrcase, Division, Mortgage.]
CITIZEN, importation of slaves by, [See
Emancipation.]

CLAIM,

ordinance of 1787, [See Emanci
pation.]
CONNECTICUT, [See Fugitive.]
CONSIDERATION,

of deed, when may be inquired

into.

Of marriage, [See Gift.]

of policy, [See Emancipation.]

of freedom, [See Freedom. Pre- CONSTITUTION,
scription.]

for hire, [See Hiring.]

55

of Indiana, [See Emancipation.]
of Ohio,

of a slave, by prescription, [See CONTRACTS,
Prescription.]

COLONIES,

Africans brought into, [See Afri-
cans.]

COLOR, [See Freedom.]

persons of, presumed slaves.

"free in certain cases,

57.

66

66 "entitled to a trial

by jury, [See Crimes.]

COMMON LAW,

rules, as to remainder, [See Re-
mainder.]

[See Gambling, Crimes.]

COMPENSATION,

[ib.]

incapacity of slaves to make, [See
Incapacity.]

made by the slave, [See Liabili-
ties to Master.]

of manumission, between master
and slave, [ib.]

complied with by the slave, [See
Emancipation, Liabilities of Mas-

ter.]

Parol, of title to slaves by, 59

attempt to compel master to ac- CONTRAVEntion of law,

cept,

[See Emancipation.]

a bequest of liberty to slaves in [See
Emancipation.]

in money, when may be made for CONVEYANCE, to a child, [See Parent.]