
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt:...vender or retailer of spirituous liquors, shall sell, ex change, give, or in any otherwise deliver any spirituous liquors to any slave, except upon the written and ex ess order of the owner or person having t e care and management of the slave, he shall, upon conviction, be fined not exceeding $100, and imprisoned not exceeding six months; one half of the said fine to the use of the informer, and the other half to the use of the state. One efl"ect resulting from the act, and certainly neither intended nor anticipated by the legislature, was to repeal the penalty of the act of 1817, quoad distillers, venders and retailers, (the very persons who, above all others, ought to bear the heaviest penalties) in relation to the sale or exchange of spirituous hquors. The rule of evidence established by the act of 1817, as to the production and proof of the permit, still remains in force. In an indictment for trading with a slave, or giving or delivering spirituous liquors to B slave, it is necessary that the slave should_h9 described, when possible, by his own and 1115 owner's name, or, if that he not possible, bY some e uivalent description of the slave. In in ictments under the act of 1834 11' though the rule of evidence established by its 5th section does not apply, and B0, tfy11"' der the act of 1817, where the trading B 1117 in a " shop, store, or house of any kind, used for trading," yet if the slave be seen WV'-1' with an article, and come out without lb Y, t enter without an article and come out With one, it is a. fact from which, at common law, a presumption may arise of guilt, and '"1 which the jury ma convict. It was decided, immediately after the Pas' sage of the act of 1817,...
Page Count:
434
Publication Date:
2013-09-01
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