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First edition, 2001
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
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[Title Page Image]
By an act of Assembly, passed in the year 1802, the County Court have power to establish Rules and Regulations for the government of the Patrollers in their respective counties;
In pursuance of the power thus granted, the County Court of Rowan, at August session, 1825, made and established the following regulations for the government of Patrols, to wit:
1st. Patrols shall be appointed, at least four in each Captain's district.
2d. It shall be their duty, for two of their number, at least, to patrol their respective districts once in every week; in failure thereof, they shall be subject to the penalties prescribed by law.
3d. They shall have power to inflict corporal punishment, if two be present agreeing thereto.
4th. One patroller shall have power to seize any negro slave who behaves insolently to a patroller, or otherwise unlawfully or suspiciously; and hold such slave in custody until he can bring together a requisite number of Patrollers to act in the business.
5th. Previous to entering on their duties, Patrols shall call on some acting magistrate, and take the following oath, to wit:
"I, A. B. appointed one of the Patrol by the County Court of Rowan, for Captain B's company, do hereby swear, that I will faithfully execute the duties of a Patroller, to the best of my ability, according to law and the regulations of the County Court.
"Witness, C. D. J. P."
Whereupon, the officiating magistrate shall make out and deliver to him, or them, the following certificate, to wit:
"I, C. D. one of the acting magistrates of Rowan County, do hereby certify, that A. B. came before me, on this the _______ day of ______ A. D. 182__ and was duly sworn faithfully to execute the duties of a Patroller for this County, in Captain B's company, according to law and the regulations of the County Court in such case made and provided.
____________ C. D. J. P."
And no Patroller, without this certificate, shall be allowed the privileges and compensation otherwise extended to them.
6th. If any Patroller, while in the discharge of his duty, shall get drunk, or behave in a riotous or disorderly manner, he shall forfeit and pay the sum of five dollars, to be recovered in the name of the chairman of the County Court. He is also, by law, subject to indictment.
7th. The Sheriff of the county shall have the acts of Assembly relating to Patrols, together with these regulations, printed; and, in future, furnish each set of Patrols with a copy of the same; and he shall be allowed for the cost of printing, in his settlement with the county Trustee.
As a compensation for the services required of patrollers as such, they shall be exempt from serving on juries, working on roads, and from the payment of all parish and County taxes to the amount of forty shillings; and in addition to the fees hitherto allowed by law, the patrollers so appointed shall be entitled to receive the one half of the penalties recovered under this act, in the district in which such patrollers may respectively act and reside, except such penalties as may be incurred by hiring to negroes their own time. Act, 1794, Chap. 4.
The patrollers in each district, or a majority of those present, shall have power to inflict a punishment not exceeding fifteen lashes, on all slaves they may find off their owner's plantation, or travelling on the sabbath, or other unreasonable time, without a proper permit or pass.
The several county courts within this state, shall have full power and lawful authority to direct, in such manner and in such numbers, and under such rules, regulations and restrictions, the patrols in their respective counties shall be appointed and governed; and the said patrols when appointed, shall be subject to such rules, regulations and restrictions as their respective county courts shall ordain and establish, and under such fines and penalties as the said court shall fix and direct. Act, 1802, Chap. 15.
It shall be the duty of the patrollers, for at least two of their number appointed as aforesaid, to patrol their respective districts once, at least, in two weeks, for the purpose of carrying this act into effect; and on failure, or neglect to perform such services, every person so failing or neglecting shall forfeit and pay the sum of ten pounds, recoverable before any jurisdiction having cognizance thereof,--one-half to the use of the informer, and the other half to the use of the county where the same is recoverable. Act, 1794.
If any free negro, or mulatto, shall entertain any slave in his or her house, during the Sabbath, or in the night, between sun-set and sun-rise, he or she shall be subject to a fine of twenty
shilligs for the first offence, and forty shillings for every subsequent offence--to be recovered on conviction before any justice of the peace. Act, 1787.
The act of 1788, inflicts a penalty of ten pounds on any free person, for either buying from, or selling to, slaves, any kind of goods or commodities whatsoever, without a permission in writing from the owner or manager of such slaves, setting forth the identical articles for sale. If any slave or slaves shall offer any article whatever for sale without such permission, it shall be lawful for any person knowing the same, to apprehend such slave, and on due proof of the offence before a justice of the peace, he may order the said slave to receive a number of lashes, not exceeding thirty-nine, on the bare back.
Any person who shall entice or persuade any servant or slave to absent him or herself from his or her owner's service, or who shall harbor or maintain any runaway servant or slave, shall, for every such offence, forfeit and pay to the owner of such servant or slave, the sum of fifty pounds. Act, 1798.
It shall not be lawful, under any pretence whatever, for any person or persons to allow his, her, or their slave, or any slave under his, her, or their direction, to hire his, her, or their time, under the penalty of forfeiting the sum of twenty pounds for each and every offence, to be recovered before any justice of the peace, to the sole benefit of the party prosecuting. Act, 1794.
If any slave or slaves, shall hereafter be allowed by his or her master, owner, or manager, to hire out him or herself, such slave may be taken up by any magistrate or freeholder, and kept to hard labor for the use of the poor of the county for any time not exceeding twenty days.
No slave shall go armed with gun, sword, club, or other weapon, or shall keep any such weapon, or shall hunt or range with a gun in the woods, upon any pretence whatsoever: and if any slave shall be found offending herein, it shall and may be lawful for any person or persons to seize and take to his own use, such gun, sword, or other weapon, and to apprehend and deliver such slave to the next constable, who is enjoined and required without further order or warrant, to give such slave twenty lashes on his or her bare back, and to send him or her home; and the master
or owner of such slave shall pay to the taker up of such armed slave, the same reward as by law is allowed for taking up runaways.
Provided, That the Master has a right, under certain circumstances, to employ any one slave on each plantation to carry a gun to preserve stock, or kill game.
No person shall grant permission for any meeting or meetings of the negroes of others, or people of color, at his, her, or their houses, or on his, her, or their plantation, for the purpose of drinking or dancing, under the penalty of forfeiting ten pounds, on conviction of such offence in any court having jurisdiction thereof, unless such slave shall have a special permit in writing, or otherwise, from his or her owner, for that purpose.