Reclaiming of, [See Emancipa-
tion.]
Recovery-risk of, [See War-
ranty.]
Reduction-in price of, [ib.]
Removal of, [See Emancipation.]
Responsibility for value of, [See
Liabilities to Master.]
Runaway, [See Fugitive.]
Sale of, [See Sale.]
Sojourn abroad of, [See Emanci
pation.]
Special demand of, [See Hiring.]
Stealing of, [See Stealing.]
Suspicion of being runaways, [See
Fugitive.]
Thefts of, [See Liabilities of mas
Assent of, to wills or deeds of manu-
mission, [See Emancipation:]
STOLEN, negro, [See Vendee.]
SUBSCRIBING, witness, [See Gifts.]
SUE, Right to, [See Warranty.]
SUITS, for freedom, [See Freedom.]
"Rule of evidence in, [ib.]
Incapacity of slaves to be parties
to, [See Incapacity.]
On Warranty, [See Warranty.]
SUPPORT, slaves unable to gain, [See
Emancipation.]
SURRENDER, Refusal of slaves to, [See
Liabilities of master.
SURETY, [See Warranty.]
of slave's being a runaway, [See
Fugitive.]
TEMPORARY servitude,
[See Emancipation.]
Power of, to change condition of TENANT for life, declarations of, [See
Removal out of,
66 to another,
Slaves do not escheat to, [See
Children of, [See Remainder.]
Debts of, [See Devise, Emancipa-
tion.]
Intention of, [See Wills.]
[See Emancipation.]
TESTIMONY-Parol,
Exclusion of, [See Sale.]
[See Crimes, Increase.]
THEFTS, of slaves, [See Liabilities of
Master.J
a slave was,
THIEF, allegation that
[See Warranty.}
TITLE, Covenant of, [See Remainder.]
To freedom, [See Emancipation.]
To slaves, a deed registered is not
necessary to pass title to, when pos- Use in common of slaves,
session follows and accompanies
Warranty of, [See Warranty.]
[See Sale, Warranty.]
TOLERATION of slavery,
[See Emancipation.]
TRESPASS, by slaves,
See Liabilities of Master.}
Action of, when for labor and ser-
vices, [See Damages.]
[See Possession.]
VALIDITY,
Gifts, of slaves when void, [See
Gifts.]
And false imprisonment, [See Free- VERDICT, of acquittal, [See Liabilities
and punishment of slaves, [See
Crimes.]
By jury, [See Crimes.]
By free persons of color entitled
to, [See Crimes.]
TRIBUNAL, for the trial of negroes, [See VIOLENCE, of a disease,
Not implied from price, where pur-
chaser is acquainted with the de-
fects.
120
Not broken where purchaser has a
knowledge of all the facts. 121
A disease curable in its origin, but
incurable at time of sale, is a red-
hibitory case.
115
Any disease with which a slave is
afflicted at the time of sale is in-
curable, may be pleaded as a redhi-
bitory vice.
107
Redhibitory defects in a slave, may
be pleaded after 12 months, in de-
fence of an action for the price. 109
In an action to rescind the sale of a
slave commenced within 6 months,
the plaintiff must prove at what
time he obtained a knowledge of the
redhibitory vices.
Prescription in redhibitory actions
runs from the time defects become
known to the purchaser.
Vendors ignorance of a defect in
slave, no protection in the action
quanti minoris.
113
To defeat an action of Redhibition,
it must be shown that the purchaser
knew the disease was incurable, or
otherwise, that he bought the risk
of the slaves recovery.
117
The same principle adopted in
Kentucky.
118
Purchaser of a slave absolved from
contract, if on the sale her state of
health is misrepresented or conceal-
ed; [and see Note, p. 120.] 119
Redhibitory action sustained, and
recission of the sale ordered, when
the malady of which the slave died
is incurable, and baffles the regular
aid.
121
Parol evidence admissible to prove
declarations of vendor as to redhi-
bitory vices at or before sale, but
not declarations of strangers. 122
Disguising or misrepresenting the
violence of a disease, renders sale
void.
122
As also omitting to disclose facts
not discernible.
The causes for a reduction in the
price of a slave, must be the same
as those for which a recission of sale
may be demanded.
125*
When a jury find that a slave had
the consumption at and before the
time of sale and transfer, the court
below, will, from the nature of the
disease, presume it incurable. 126
Redhibitory defects should be solv-
ed by the circumstances of each
case; and unless the thing is abso-
lutely useless, it is the duty of the
courts to make a deduction in price,
than avoid the sale.
Habit of running away, what
136
A slave described in a bill of sale
as a bon domestique, cochier, et
briquitier, sufficient if he be proven
to be a good domestic, coachman,
and brickmaker.
136
Craziness or idiocy is an absolute
vice, and where not apparent will
annul the sale.
139
Malady, redhibitory-evidence of
its previous existence must be giv-
en, when it does not manifest itself
within three days after the sale. 140
A vendee cannot demand a recis-
sion of the sale, for a capital crime
committed by the slave immediate-
ly thereafter.
A recision of the sale of all the
slaves, where several are bought
together, and for a single price,
cannot be demanded by the vendees | WILL,
on account of a redhibitory defect
in one or more of them.
Stealing, though unaccompanied
with force, is a redhibitory de-
Sale of a slave by a person having
no title, and without warranty, a
recovery by a third person is not
necessary to give the vendee a right
of action, as his right to sue origi-
nates from deceit of seller. 149
Implied-of title, exists in every
sale of personal property, excep-
tions to the rule, are trustees and
executors, or perhaps sheriffs and
agents.
150
Implied-of title, violated by sel-
ling a slave absolutely, who is at a
future time entitled to freedom. 151
If the purchaser buys pcndente lite,
he takes the title dependant on the
event of the suit.
151
After purchased slaves do not pass
by, unless it appears to be the in-
tent of the testator.
By statute of, slaves pass as real
estate, and an executor has no title
in or power over a slave, specific-
ly devised, unless expressly reserv-
ed to him.
The word
Emancipation by, [See Emanci-
pation.]
Recorded-validity of, [See Free-
Unmarried,gifts verbal of slave,
when void to, [See Gifts.]
Spanish,-descendant of, [See
Emancipation.}
White, conviction of the marriage
of, [See White Persons.]
WRIT, [See Homine Replegiando,]
YEAR, Slaves sold for a time
of, [See Emancipation.]
Hiring of Slaves for, [See Hiring}
|