Slaves of, [See Husband] FEMALE SLAVES, [See Increase.] FEME-Sole,
marriage of, [See Remainder.] FICTITIOUS, sale, [See Gifts.] Delivery, [See Sale]
Possession of a slave in Kentucky, and Virginia, [See Possession.] [See Frauds.] FORMALITIES, legal, [See Emancipa-
of action, in suits for freedom, [See Freedom.]
imprisonment for, [See Fugitive.[
sojourn of a slave in, [See Eman- cipation.]
FRAUDS [See Note at foot of page 87. Five years possession gives an ab- solute property unless otherwise declared by writing proved and re- corded. [See Note to this case.] 87 This principle is founded on the delusive credit acquired by the possessor. 398
An acknowledgment by possessor that the property belongs to another will not avail. Slaves loaned to a married daugh- ter, are subject to be levied on and sold for the debts of the husband by act of Tennesse of 1801, ch 25. 106 The third sec. of the same act, de- claring valid all bona fide loans as between the parties, and as to cred- itors, the property is in the loanee, unless the loan is registered. Statute of, [See Gifts.]
[See Possession.]
Removal with slaves into a free FRAUDULENT, State. [See Emancipation.]
and void deeds and gifts, [See Gifts,
Admission of, [See Emancipation.] claims for, are favored,
"[See Emancipation.] Judgment of, [Sec Judgment.] petition for, [See Emancipation.] presumption of, [See Prescription.] selling a slave, entitled to, in fu- turo, [See Warranty.]
suits for, [See Note, page 388, and Freedom.]
title to, [See Emancipation.] to a slave, under an express condi- tion, [See ib.]
What length of possession of, re- quisite for time of prescription. 104 In Virginia, when slave entitled to, under law of 1792. 338 The rule of evidence in suits for, same as in other cases. 388 A suit for, may be brought in any 389
make her free, is evidence of manu- mission.
A statu libera in Pennsylvania, past the age at which she is to be free, cannot be held in slavery in Louisiana. 405 Presumption of slavery in suits for, arises from a black complexion, none from a mulatto. 406
A record of judgment in another suit in favor of the freedom of the mother, may be used as evidence by the offspring. 407. When a bill will lie by slaves who have instituted a suit for, to restrain defendant from removing and sel- ling them; and when an attachment may issue to take them out of his hands, 414
[See Emancipation.] FREE Persons,
of color, trial of, [See Crimes.] FREE State residence in, [See Eman- cipation.]
FUGITIVE OR RUNAWAY SLAVES,
An attachment in another state against, for a debt contracted by the slave,and who has been reclaim- ed by his master, is illegal and void. 266 A fugitive slave imprisoned for for- nication and bastardy, will not be delivered to his master, unless secu- rity for the maintenance of the child is given. 267 A written agreement given by the master to his slave, to bargain and trade for himself for a stipulated period, and to pass and repass from Kentucky to Virginia, is unlawful and void, and will justify his being taken up as a runaway. The provisions of the statute for the sale of are purely directory, and the original owner of a slave to be sold, will not be permitted to dis- turb the title of a bona fide vendee at a sheriff's sale, on account of ir- regularity in the sale; but if the slave sell for a less amount on ac- count of such irregularity, indemni- fication may be obtained from the sheriff. 270 In Louisiana an unreclaimed slave
Where a defendant arrested a run- away slave and secured him in irons, and informs the owner (the Plaintiff) of his capture, proposing to purchase him, and the latter en- ters into a treaty therefor, that if the offer should be accepted, the slave should be put in irons and sent to him on the first opportunity, and the slave afterwards escapes, and a verdict is rendered for the defendant, the Supreme Court will not set it aside.
277 The sale of a runaway slave from Connecticut, of which state the ven- dor and vendees were residents, though temporarily in New York, where the sale took place, was valid.
With slaves, is no offence at com- mon law or by statute. Penalties for, with slaves, [See Gambling.]
GENERAL DEVISE, [See Devise.] GIFTS.
Absolute deed of slaves where the grantor remains in possession after the execution and recording, is frau- dulent and void as to creditors and subsequent purchasers, yet it can- not be impeached by the parties or their representatives. 48 A deed of, for slaves, which is not attested by a subscribing witness is void. 42
The act of North Carolina of 1806 requiring gifts of slaves to be au- thenticated by writing, cannot be evaded by a fictitious sale: there- fore where the donor gave the donee the purchase money, and then sold and delivered the slave receiving
Such gift or sale would by the 7th section of the act of 1784 of North Carolina, be good between the par- ties, though void as to creditors and purchasers. 45
The act of North Carolina of 1806, avoiding gifts of slaves unless in writing attested by a subscribing witness and registered, is a statute of frauds, made for the protection of donors, and a deed is inoperative under it, against the donor, unless so attested and registered. 47
A deed for slaves in Tennessee is void as to a subsequent purchaser, unless proved by two witnesses. 50 Of a slave by deed, delivery not essential, if founded on a good consideration, such as natural love and affection.
60 Parol of slaves, before the act of 1785, was absolutely void in Vir- ginia.
61 Not good without a written transfer in North Carolina.
62 66 Contra under the act of 1784 as between the parties and volunteers under them, and void only where creditors and purchasers are concerned. 62 In Kentucky prior to, and under act of 1787. 67 Of slaves, by an instrument not under seal and without delivery, void in North Carolina. 65
In consideration of marriage, will be presumed, where the father sends the slaves to the husband immedi- ately afterwards.
death of, [See Hiring.] HIRER, Infant, [See Emancipation.] HIRING of Slaves,
thereby vested in him by the act HIRED-Slave, of limitation, and would vest in a purchaser from him. And grants voluntary, [See Note at foot of page]
[See Possession, Remainder.]
GOOD, Consideration,
deed founded on, [See Gifts.] GRAND-Children, [See Devise.] GRANTS,
and gifts voluntary, [See Note to page] 60.
grantor, [See Emancipation.] GROUND,
for redhibition, [See Warranty.] GUARDIAN, [See Infant.] HABIT,
of running away, [See Warranty.] of stealing, [ib.] HARBORING Slaves.
statutes respecting, [See Note.] 442 an action on the case will lie for. " A runaway slave, must be secret and fraudulent to incur the penalty under 4 sec. of act of 1791 of North Carolina.
If a slave hired by the year becomes sick or runs away, the hirer must lose the hire; but if the slave dies without his fault, then the owner must lose from the death. 152
The hirer is discharged from his covenant to return the slave at the end of year, if the slave dies before the time. 153 Contra for a specified time, where the slave dies before the time. 155 Same, where in a bond to restore slave on the rendition of a decree, and he runs away, 154 Same, where slave is lost without fault of hirer. 155 The hirer is chargeable with phy- sician's bill, unless there is an ex- press agreement to contrary. 156 Purchaser of slaves with legal no- tice of a better title is liable to pay interest on the hires he receives from others. 156
The hirer is not entitled to abate- ment for sickness. As to limitation of hire.
Where tenant for life of slaves dies after 1st March, his lessee will hold them for remainder of the year : parol evidence of the declarations of tenant's for life hiring them, is competent against the claims of those in remainder, The plantation slaves of a tenant for life who dies after 1st March, must remain to finish the crop with- out hire to the remainder man. 158 Wages must be apportioned where a slave was hired for and dies within the year. 159 Refusal by a person without color of title to restore slaves upon the demand of the true owner, is such a fraud as brings the case within the provisions of the Habeas-Corpus
of parol evidence, [See Emanci- pation.]
INCAPACITY of slaves,
hire on the ground that there was no | INADMISSIBILITY, demand. Where a legatee is in possession of a slave on the death of a testator, the executor can recover the hire from the granting of letters testa- mentary. 161
A person who hires slaves and en- gages to return them in a particular manner, is responsible for their loss, if sent in a different manner. 163 Slaves and not the master, are sub- ject to indictment for hiring out their own time, under the act of North Carolina of 1794. 163 When a special demand of hirer necessary.
[See Remainder, Sale.] HISPANIOLA, [See Prescription.] HISTORY,
And origin of slavery. HOMINE-Replegiando,
This writ will not lie, after the granting of a certificate by a magis- trate for the removal of the slave by his master. 384 HUSBAND, Debts of, [See Frauds.] Dying in life time of wife, [See De- vise.
House of, slaves sent with daughter to, [See Daughter.]
Slaves of a female vest in, on the marriage, and though she survive him, her right to them is not reviv- ed. [See Dower, Remainder, Wife.] IDIOCY,
of a slave, [See Warranty.] IGNORANCE,
a slave can make no contract. 190 Cannot take by descent or pur- chase. 191 Cannot hold property by devise. 191 In S. Carolina, a free person of color is an incompetent witress in any case, even when the parties are of his own class.
Contra in Louisiana. A free negro is incompetent in any case as a witness where the rights of white persons are con- cerned. 194. 197. A free man of color, may require a white man to give security to keep the peace. 195 Presumption of slavery, arising from color, is confined to blacks. 195 A free black is a competent witness to prove facts which happened. while he was a slave.
A statu liber has no action for relief for ill treatment. 198 The marriage of a slave has its civil effects upon his emancipation, but none before. 199
Marriage where one of the parties is a slave is legal, and if the mother be free the children are so. 199 INCREASE OF SLAVES,
The owner of a female slave may give her to one of his children, and her future increase to another. 28 The words "future increase" in the bequest of female slaves, extend only to embrace such increase as are born after the bequest made, and cannot by construction be ex- tended to embrace prior born in-
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