Stolen, bona-fide vendee of, [See
Stealing, Vendee.]
Trading with, [See Trading.]
Tribunal for the trial of, [See
Crimes.]
NEIGHBORHOOD,
reputation of, [See Emancipation.]
NEW-JERSEY,
Indians in, [See Indians.]
NEW-YORK,
[See Devisee, Dower, Emancipa-
tion, Fugitive.]
NOMINAL damages, [See Damages.]
NORTH Carolina,
[See Crimes, Gifts, Harboring,
Hiring, Liabilities of Master,
Possession.]
NORTH-Western Territory,
[See Emancipation.]
NUNCUPATIVE Will,
[See Emancipation.]
OFFENCES, Capital, [See Crimes.]
Indictable, [See Kentucky.]
Trial of slaves and persons of color,
for, [See Crimes.]
OFFSPRING, [See Freedom, Mortgage.]
OHIO,
constitution of,prohibits slavery. 354
[See Emancipation.]
OMISSION,
to disclose facts, [See Warranty.]
ONUS-Probandi, [See Freedom.]
ORDINANCE of Congress, 1787,
[See Emancipation.]
ORIGIN and history of slavery,
[See Slavery.]
The mere circumstance of being
indebted at the time of making
an advancement to a child, does not
imply an intention in the person
conveying, in consideration of na-
tural love and affection, to defraud
his creditors.
PAROL-agreement,
loan of slaves by, [See Possession.]
Evidence, [See Emancipation, Hi-
ring, Mortgage, Warranty.]
Gifts, [See Gifts.]
Sale, [See Sale.]
Testimony, [See Increase, Sale.]
PARTIES to a suit,
Incapacity of slaves to be, [See
Incapacity.]
PARTIAL-payment,
(See Emancipation.]
PARTUS sequitur ventrem,
rule of, universally followed.
PAYMENT-partial,
[See Emancipation.]
PAUPER, counsel for, [See Freedom.]
PEACE,
security to keep, [See Incapacity.]
PEACEABLE-possesssion,
[See Possession.]
[See Freedom.]
[See Liabilities of master and
others.]
Declaration or promise by, [See ib., PENDENTE-lite,
79
And the same principle, in the
case of an unrecorded conditional
sale.
80
And the rights of the creditors of
loanee will be protected.
79
Lost, after being held for more than
twenty years peaceably, and ob-
tained by one, who claimed title,
held that plaintiff's possession was
conclusive evidence of property. 80
Twenty years by distributee, not
sufficient to infer an assent by admi-
nistrator.
Five years peaceable, of slaves,
under a loan by parol agreement,
vests the title in loanee, subject to
his creditors, and which cannot be
divested by returning them after
the expiration of the above time. 94
Of slaves-rule as to who shall be
considered in-where the use en-
joyed in common.
90
Personal property remaining in
vendors, is presumptive evidence
of ownership which may be rebut-
ted, but is no evidence of fraud
per se, [aud see note.]
91
It is for the jury to say whether it
was made to hinder or delay credi-
93
Adverse, sufficient to bar an action,
vests an absolute right of proper-
ty.
83
Öfinfant, by himself or guardian. 83
Must be adverse, or the statute is no
protection.
82
Acknowledgment by, [See Frauds.]
[See Property.]
POWER of State,
to change condition of persons, [See
Emancipation.]
PRESCRIPTION, Of title to slaves by.
If a slave be claimed by-an exa-
mination of the question must be
according to the laws of the country
in which he was thus acquired. 95
Must be pleaded by a party who
relies on or it will not be supplied
ex officio, by the court.
100
Time requisite, [See Freedom.]
Is interrupted by an action in which
the plaintiff is nonsuited. 102
Is never pleadable to a claim of free-
101
A slave who enjoyed her freedom
in Hispaniola, may reckon that
time, in establishing her right
by.
In redhibitory actions, [See War-
ranty.]
PRESUMPTION, of freedom, [See Indians]
Of slavery, [See Freedom, Incapa-
city.]
PRESUMPTIVE Evidence, [See Liabili-
ties to master.]
Of ownership in vendor, [See Pos-
session.]
PRICE, action for, [See Warranty.]
Causes for reduction in, [See War-
ranty.]
PRINCIPAL, [See Sale.]
PROBANDI, Onus, [See Freedom.]
PROFITS,
of devised slaves, [See Remainder.]
PROPERTY,
slaves considered as real and per-
sonal.
and forthcoming of a slave, [See
Freedom.]
of donors, [See Gifts.]
PUNISHMENT,
[See Crimes]
PURCHASE,
incapacity of slaves to take by, [See
Incapacity.]
Where slavery is not tolerated, [See
Emancipation.]
Of a slave pendente lite, [See ib.]
PURCHASERS,
[See Emancipation, Gifts, Hiring,
Warranty.]
QUALIFIED Manumission,
[See Manumission.]
QUALITIES, moral, [See Warranty.]
QUANTI-minoris, action of, [ib.]
RAVISH,
attempt of a negro to, [See Crimes.]
REAL Estate,
slaves are considered as. 2. 36
Though for some purposes slaves
are declared by statute to be-they
are nevertheless personal, and liable
as chattels to the payment of
debts.
Held in South Carolina, that since
the act of 1800, a will that does not
pass lands, will not pass a slave. 59
[See Wills.]
RECISSION of a sale, [See Warranty.]
RECLAIM of a slave,
[See Emancipation.]
RECORD-Judgment, [See Freedom.]
RECORDED Will, validity of, [ib.]
RECOVERY of slaves, action for.
An action of detinue may be main-
tained without naming the ne-
gro.
415
Detinue does not lie for a slave who
died before suit brought. 415
A complainant must show a clear
title to authorise the interposition of
a Court of Chancery to restrain a
sale of a slave levied upon. 416
In an action of detinue for slaves,
damages are several,
One joint tenant, cannot maintain
an action against his co-tenant. 417
In detinue for slaves, if the slave
dies pendente lite, what damages
are recoverable.
418
of manumission,
[See Emanipation.]
[ib.]
a husband dying in the lifetime of the
wife, cannot devise away slaves to
which she is entitled in remainder
or reversion, though he might in his
lifetime sell his interest for a valu-
able consideration.
57
The court will, in its discretion,
compel a tenant for life to give se-
curity to the remainder man. 184
A devise to take effect after the
death of the devisor is good, [See
Note.]
184
Slaves devised to a child when he
shall arrive at age, the profits of, if
not otherwise disposed of, go to his
support.
185. 319
A person taking possession of slaves
must account for the hire or pro-
fits.
185
If a feme sole entitled to slaves in
remainder or reversion, marries be-
fore the determination of the parti-
cular estate, the right belongs to
the survivor of them.
Where the devise was to a daughter
for life and to her heirs, and for
want of such heirs, a limitation over
to the other children of testator, is
not too remote.
186
Or where the devise was to W. and
his heirs forever, but if he died with-
out issue, then to C. is the same. 189
Same in case of a gift where the
grantor dies without issue.
A condition in the sale of a slave,
[See Mortgage. Warranty.]
By a broker-[See Warranty.]
"Sheriff-[See Fugitive.]
"Vendee of personal property-
[See Property.]
Conditional,-[See Possession.]
Of negro while hired to another,
transfers the possession and right
of property, and the subsequent
holding by the person who had
hired, is not to be treated as the
possession of the seller. 68
Of a fugitive slave-[See Fugitive.]
Of a slave entitled to freedom in
futuro. [See Warranty.]
on condition-[See Condition.
Absolute deed of sale of, [See
Gifts.]
Abusing of, [See Liabilities to
master.]
Acts of, [See Liabilities of Mas-
ter.]
Action for, [See Detinue.]
Adverse possession of, [See Infant,
Possession.]
Advertised, profits of, [See Re-
mainder.]
And servants-harboring of, [See
Liabilities to master.]
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