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Slaves of, [See Husband]
FEMALE SLAVES, [See Increase.]
FEME-Sole,

marriage of, [See Remainder.]
FICTITIOUS, sale, [See Gifts.]
Delivery, [See Sale]

FIVE,

years,

Possession of a slave in Kentucky,
and Virginia, [See Possession.]
[See Frauds.]
FORMALITIES, legal, [See Emancipa-

tion.

FORMS,

of action, in suits for freedom, [See
Freedom.]

FORNICATION,

imprisonment for, [See Fugitive.[

FRANCE,

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

89

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.]

103

and void deeds and gifts, [See Gifts,

FREEDOM,

Admission of, [See Emancipation.]
claims for, are favored,

331

"[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

state.

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make her free, is evidence of manu-
mission.

404

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

268

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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.

279

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441

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

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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.

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61
Not good without a written
transfer in North Carolina.

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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

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66

In consideration of marriage, will
be presumed, where the father sends
the slaves to the husband immedi-
ately afterwards.

71

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74

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,

60.

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.

443

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[See Note,]

152

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.

156
157

157

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

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161

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,

164

8

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,

39

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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.

193

195

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.

196

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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-

crease,

Extent of warranty as to

29
132

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