Sunday, August 18, 2019

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Vernellia Randall
Founder and Editor
Professor Emerita of Law
The University of Dayton School of Law

Article Index



SEC. III. EXECUTIONS AND COSTS.


53. Execution of sentence. -- All and every the constable and constables(11) in the several parishes within this province, where any slave shall be sentenced to suffer death, or other punishment, shall cause execution to be done of all the orders, warrants, precepts, and judgements of the justices hereby appointed to try such slaves, for the charge and trouble of which the said constable or constables respectively shall be paid by the public,(12) unless in such cases as shall appear to the said justice or justices to be malicious or groundless prosecutions, in which cases the said charges shall be paid by the prosecutors. 


54. Officer may press slaves to aid in executing sentence. -- And that no delay may happen in causing execution to be done upon such offending slave or slaves, the constable who shall be directed to cause execution to be done, shall be, and he is hereby empowered to press one or more slave or slaves in or near the place where such whipping or other corporeal punishment shall be inflicted, to whip or inflict such other corporeal punishment upon the offender or offenders; and such slave or slaves so pressed shall be obedient to, and observe all the orders and directions of the constable in and about the premises, upon pain of being punished by the said constable by whipping on the bare back not exceeding twenty lashes, which punishment the said constable is hereby authorized and empowered to inflict; and the constable shall, if he presses a Negro, pay the owner of the said Negro two shillings out of his fee for doing the said execution: and in cases capital, shall pay to the Negro doing the said execution the sum of two shillings, over and above the said fee to his owner.


55. State not liable to owner for slave executed. -- The state shall in no instance be answerable for, or liable to pay the owner whatever for any Negro slave or slaves who may laws of this state.


56. Expenses of prosecution, when paid by master. -- All expenses and fees chargeable by any of the public officers, for prosecuting any Negro slave or slaves, convicted of any crime, not capital, against the laws of this state, shall be paid by the owner or owners of such slave or slaves.


57. When paid by the count. -- But in all cases where any slave shall be convicted of any crime whereby he, she, or they may suffer death, the expenses attending the trial and execution of such slave or slaves shall be paid by the county where they shall be executed.


58. Fee of officer executing sentence. -- For whipping or other corporeal punishments not extending to life, the sum of five shillings; and for any punishment extending to life, the sum of fifteen shillings; and such other charges for keeping and maintaining such slaves, as are by the act for erecting the workhouse appointed; for levying of which charges against the prosecutor, the justices are hereby empowered to issue their warrant.


59. Clerk and sheriff's fees. -- The following shall be the fees of the clerk in such cases,(13) to wit: 

CLERK'S FEES.  border="0" width="100%">

For attending the court to draw
jury. . . . . . . . . . . . . . . . . . . . . $ 1.25

For drawing up specifications of
the charge. . . . . . . . . . . . . . . . 2.00

For attending each trial. . . . . . 1.25

For recording the proceedings of
trial. . . . . . . . . . . . . . . . . . . . . . . 87

For copying order, or sentence,
and delivering the same to the
sheriff. . . . . . . . . . . . . . . . . . . . 50



And the following shall be the fees of sheriffs in such cases, to wit:

SHERIFF'S FEES.
  border="0" width="100%"> For summoning jury. . . . . . . . . 4.00 

For attending each trial . . . . . . 1.25

For executing order of sentence of the
court the same as contained in the general fee bill.


1. Latter clause of this act repealed. Omitted.

2. See ante chap. xxx, 53, p. 771.

3. See preceding 13.

4. Query as to constitutionality of this provision for indictment.

5. See ant Chap. xxx, 21, p. 762.

6. See post 23-34-43.

7. See preceding 27.

8. See succeeding when jurors may be drawn.

9. Act of Dec. 19, 1816, Prince 791.

10. See ante 43.

11. Sheriffs to execute sentence for capital offences.

12. Repealed by act of Dec. 19, 1793. See post 56, 57.

13. For the performance of duties in the trial of slaves and free persons of color.

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