Chapter 93

The Revised Statutes of Kentucky, Vol. II

Approved and Adopted by the General Assembly, 1851 and 1852, and in Force From July 1, 1852;
With all the
AMENDMENTS SUBSEQUENTLY ENACTED AND NOTES OF THE DECISIONS OF
THE COURTS OF APPEALS OF KENTUCKY
By
Robert Clarke & Company
Cincinnati, OH (1860)

“SLAVES, RUNAWAYS, FREE NEGROES AND EMANCIPATION.”

If you were a “free” person of color living in Kentucky, the state’s Revised Statutes clearly spelled out your rights and freedoms. As indicated by the title of the statute, the rights of “free” blacks bore little difference to the restrictions of slaves. Listed below are the legal restrictions placed upon the lives of blacks in the Commonwealth of Kentucky as published in 1860 Chapter 93 of Kentucky’s Revised Statutes entitled: “SLAVES, RUNAWAYS, FREE NEGROES AND EMANCIPATION.”

Article I Who shall be deemed slaves.

Sec. I. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That no persons shall be slaves in this state except such as are now slaves by the laws of this commonwealth; or some other state or territory of the United States, or such free negroes as may hereafter be sold into slavery under the laws of this state, and the future descendants of such female slaves.

Sec. II. Every person who has one fourth, or other larger part of negro blood, shall be deemed a mulatto, and the word “negro,” when used in any statute, shall be construed to mean mulatto as well as negro.

Sec. III. Slaves, after this chapter takes effect, shall be deemed and held to be personal estate. They shall be distributed in kind, without sale, when practicable.

Sec. IV. Slaves shall not be sold by the personal representative, unless, for the want of other assets, it be necessary to pay the debts of the decedent. Nor shall slaves, specifically devised, be sold by the personal representative or a creditor, but by a decree by court, which may be obtained in a summary way, on petition, after ten days’ notice, in writing, to the devisee. Suits may be maintained by the personal representative, for the recovery of slaves, or injuries to slaves devised.

Sec. V. Slaves may be taken and sold for debt, when there is not a sufficiency of other personal estate within the jurisdiction of the officer.

Sec. VI. No free Negro shall be capable of acquiring, in fee, or holding or owning for any length of time, as hirer, or otherwise any slave other than the husband, wife, parent, or descendant of such free negro.

Sec. VII. No gift of a slave shall pass the title, or be good against creditors or purchasers, unless it be made by will, duly proved and recorded, or by deed in writing acknowledged by the donor before the clerk of the county of his residence, or attested by two witnesses, and proved by one of them before such clerk, and lodged for record, except where the possession of the slave, at the time of the gift, be in fact delivered to the donee, and in good faith continued with him; nor shall such gift, when evidenced by deed recorded, affect the rights of a pre-existing creditor of the donor, until the donee shall, in good faith, have had three years’ continued possession of said slave.

Sec. VIII. Every owner of a slave, for his own or another’s life, and the guardian or husband of such owner, shall, on the first day of January, or within sixty days thereafter, within each year, file with the clerk of the county in which he resides a statement, in writing, of the names, sex, and ages of such slaves, which shall be recorded at the cost of the person in remainder, in a book to be kept for that purpose. If the owner, guardian or husband fail to file such annual statement, he shall be fined not exceeding fifty dollars for each offense, for the use of the person in remainder, to be recovered by suit or indictment, at the cost of the person suing. Sheriffs and assessors of tax shall report to the clerk of the circuit court the names of all persons, within their knowledge, who have failed to comply with the provisions of this statute.

Sec. IX. If any widow, or other person holding a life estate in a slave, or the vendee, immediate or remote, of such tenant for life, shall remove, or permit the slave to be removed out of this state, without the consent, in writing, of the person in remainder or reversion, or his guardian, if he be under age, such life estate shall be forfeited and cease, and the person in reversion or remainder may recover the slave, or he may recover of the person removing, or consenting to the removal, its value, with such other damages, besides the hire, as a jury may assess, not exceeding one half the value of the slave removed. A court of chancery may, for good cause shown, compel the tenant or owner of a life estate in a slave to give bond, with good surety, for the forthcoming of the slave at the termination of the same, and, upon a failure to give the bond, make such order and decree as may be equitable.

Article II. On the Importation of Slaves.

Sec. I. Slaves imported from a foreign country since the first day of January, 1808, or which may hereafter be imported from such country, or slaves who have been tried and convicted of felony in any other state or territory, shall be not be imported into this state. Any persons knowingly violating this section, shall be fined three hundred dollars for each slave so imported.

Sec. II. No slave shall be imported into this state as merchandise, or for the purpose of sale or barter, in or out of this state, under the penalty of six hundred dollars for each slave so imported.

Sec. III. Immigrants to this state, intending to reside here, may bring with them, and citizens residing within this state may purchase and import into this state for their own use, such slaves as are not prohibited by the first section of this article.

Sec. IV. Immigrants bringing with them their slaves, as permitted in the next preceding section, shall, within sixty days after their arrival, take the following oath before a justice of the peace of the county of their residence: “I do swear, that my removal to the state of Kentucky, was with the intention of becoming a citizen thereof: that I have brought with me no slave with the intention of selling him:” which oath, certified by the justice, shall be recorded in the office of the county court, within sixty days. The two preceding sections shall not apply to travelers or sojourners in this state.

Sec. V. Persons resident within this state, deriving title by gift, will, descent, distribution, or by marriage, to slaves, may import them, if they be not such as are prohibited by the first section of this article.

Sec. VI. A citizen importing slaves under the provisions of this article, shall, within forty days after such importation, present to the clerk of the county court of his residence a true and correct list of such slaves, with their names, ages, and sex, verified by his oath. He shall also, before, the clerk, take the following by his oath. “I do swear that I have purchased, or received, and imported into the state of Kentucky, the slaves named in the list of this day made out by me, and filed with the clerk of ___________county, for my own private use; that they were not purchased, or received, and imported for sale, or speculation, or to be treated as merchandise; and that I do not believe any one of them has been imported into the United States since the first of January, one thousand eight hundred and eight; or that any one of them has been convicted of felony in any other state or territory.” The list and oath affixed, shall be recorded by the clerk, in a book to be kept for that purpose. The fee to the clerk shall be fifty cents for each slave.

Sec. VII. If any citizen shall import into this state, under the provisions of this article, a slave, and shall sell said slave before the expiration of five years after such importation, or shall hire out such slave for a term of more than one year, or shall use any device whatever, whereby to evade the provisions of this article, he shall be fined the sum of six hundred dollars to be recovered by indictment or suit in the name of the commonwealth; one half to the use of the prosecutor or relator, and if there be neither, then the whole to the use of the commonwealth.

Sec. VIII. If any person shall buy a slave, knowing that he has been imported into this state contrary to the provisions of this article, or if he shall buy a slave imported by a resident citizen under the provisions of the third section of this article, within eighteen months after such importation, knowing the same, he shall be fined for each slave, the sum of two hundred dollars, to be recovered as in the last section named.

Sec. IX. Slaves imported by citizens, under the provisions of the third section of this article, shall not be subject to sale, or be sold under execution, or other legal procedure for the payment of debts, unless all other estates of the debtor, subject to the payment of debts, shall be first exhausted, until after the expiration of eighteen months from such importation. If the defendant shall suffer or permit such slave to be sold, when he has other estate, he and the sheriff who makes the slave knowingly in contravention of this section, shall each be fined two hundred dollars for every slave so sold.

Sec. X. A person taking an oath under the provisions of this article, knowing the same to be false, shall be guilty of perjury.

Sec. XI. Indictments for importing slaves contrary to the provisions of this article may be found upon the personal knowledge of any one of the grand jury, or upon the oath of a credible witness. All suits or prosecutions, for a violation of the provisions of this article, shall be commenced within five years after the offense committed or cause of action shall have accrued, and not after.

Article III. Dealing with Slaves, and Suffering Them to Go at Large.

Sec. I. If the owner or hirer of a slave shall license him to go at large and trade as a freeman, or shall permit him to go at large and hire himself out for his own benefit, or that of another he shall be fined forty dollars for each offense, to be recovered by a presentment of a grand jury, or suit in the circuit court.

Sec. II. Any person may, and officers shall, with or without warrant, arrest any slave as to whom there is a violation of the preceding section, and upon proof of the fact, by order of a justice of the peace, the slave shall be committed to jail, unless his master, or some person for him, enter into recognizance, with good surety, for the forthcoming of the slave at the next term of the circuit court to abide the order of said court. If the owner be found guilty, upon indictment, of having violated any of the provisions of said section, and fail forthwith to pay the fine and costs, the slave shall be sold therefore, in the same manner as slaves are sold under execution.

Sec. III. If any person shall receive from, deal or trade with, a slave, for money or other thing, without the consent, in writing, of his owner, designating the article, commodity or thing, in which such slave is permitted to deal or trade, shall forfeit and pay to the owner ten dollars, and four times the value of the commodity so bought or sold, to be recovered by a suit before a justice of the peace, when the sum claimed is under sixteen dollars, and when it exceeds that amount, by presentment of a grand jury in the circuit court.

A slave offering to deal or trade with a free person, without such permit, shall be punished by order of a justice of the peace with a number of stripes not exceeding ten.

Sec. IV. If any persons shall sell, give, or loan spirituous liquor of any description, to the slave of another, unless for the time being he shall have the rightful custody and care of such slave, without the written order of the owner, he shall be fined fifty dollars for each offense.

Sec. V. If any master or other person give written permission to a slave to obtain or furnish him with intoxicating liquor, with intent he shall barter, or sell, or trade same, or any part thereof, such master or other person shall forfeit twenty dollars, and give surety for his good behavior for twelve months. If the offender against either of the two preceding sections shall be a tavern keeper, or person licensed to retail spirituous liquors, his license shall be annulled by the judgment of the court; nor shall such license be granted him for two years thereafter.

Sec. VI. If any persons having the control of a house or plantation, shall knowingly permit or suffer any slave not his own to remain in such house, or upon such plantation, for the space of four hours, without the leave of the owner of such slave, he shall forfeit and pay ten dollars for every such offense. If such person shall permit more than five negroes or slaves, not his own, at one time, to remain in his house, or on his plantation, he shall forfeit one dollar for each negro; which fines and forfeitures may be recovered to the use of any person suing for the same, before a justice of the peace, or by the presentment of a grand jury.

Sec. VII. The preceding section shall not apply to negroes owned by the same person, seated and located at different plantations, meeting by the consent of their owner or overseer, not to negroes meeting at any public mill in the day time on the business of their owners, nor on the Sabbath day, nor to meetings on any other lawful occasion by the permission of the owner, nor to negroes attending upon divine service.

Sec. VIII. If any free person found shall be found in company with slaves or negroes, at any unlawful meeting, or shall harbor any slave without the consent of the owner, he shall forfeit and pay fifteen dollars for each offense. If a slave harbor the slave of another person, he shall, upon conviction by the judgment of a justice of the peace, be punished by stripes, not exceeding twenty.

Sec. IX. Riots, routs, unlawful assemblies, breaches of the peace, and seditious speeches by slaves, shall be punished with a number of stripes not exceeding thirty-nine, upon conviction by the judgment of a justice of the peace.

If a slave shall go from the residence of his owner without a written permit, specifying the place to which such slave is licensed to go, and the time of absence, he may be apprehended, taken before a justice of the peace, and punished by stripes, not exceeding thirty-nine, at the expense of the owner.

Sec. X. If any slave shall assault a free white person, by his hand or by any other means, he shall, upon conviction before a justice of the peace be punished with stripes, not exceeding thirty. If a free negro so assault a free white person, he shall upon conviction by indictment, be fined not more than one hundred dollars, and imprisoned not more than three months.

Sec. XI. If a slave, without leave is writing from his owner, shall come upon the premises of a free white person, not being sent on lawful business, the owner of such premises, or the manager of the same, may punish such slaves for each offense by the infliction of ten stripes.

Sec. XII. If any negro shall keep or carry a gun or other deadly weapon, powder, or shot, the same may be seized by any free white person; and upon due proof thereof, before a justice of the peace, it shall be forfeited, and vested in the persons seizing; and if the negro offending be a slave, he shall, by a judgment of a justice of the peace, be punished by stripes, not exceeding thirty-nine; if a free negro, fined five dollars.

Article IV. Of Insane, Aged, and Infirm Slaves, and the Abuse of Them

Sec. I. If the owner of an infirm, insane, or aged slave, or any person having such slave under his control, suffers him to go at large, or fails to make adequate provision for his support, he shall be punished by fine not exceeding fifty dollars; and the county court, or other public authorities charged with the supervision and care of the poor, or any city, town or county in which such slave may be found, shall provide for his maintenance, may charge such person, quarterly or annually, with a sum sufficient therefore, and recover it, from time to time, by a motion, in the name of the commonwealth, in the county court. If any person shall, by sale, gift, or otherwise, dispose of any insane, aged, or infirm slave, which is, or is likely to become, chargeable to the county, vendee, or donee, such person, at the election of the county court, or other public authorities, may be proceeded against as the owner of the slave, under this section.

Sec. II. If the owner of any slave shall treat him cruelly and inhumanly, so as, in the opinion of a jury, to endanger the life or limb of such slave, or materially to affect his health, or shall not supply his slave with sufficient wholesome food and raiment, such slave shall be taken and sold for the benefit of the owner.

Sec. III. On the petition of any person, verified by oath, or upon the presentment of a grand jury, setting forth, substantially, the ill treatment of the slave, the court shall cause the owner of the slave to be summoned, and may, if it shall appear proper, direct the sheriff or other officer to take possession of the slave, and hire him out, pending the proceeding; and such judgment and orders shall be given by the court as the finding of the jury shall justify.

Sec. IV. If the hirer of a slave for a term of time shall treat him in the manner described in the second section, or shall ail to furnish such slave with food and raiment, the owner of the slave may proceed against him, by petition, in the manner prescribed in the third section, and upon the facts, or any of them being found against the defendant, the court shall rescind the contract of hiring, upon equitable principles, and restore the slave to his owner.

Sec. V. A suit may be maintained by the owner of a slave, though not in his actual possession, against any person who shall unlawfully whip, strike, or abuse such slave, and recover damages for such act, notwithstanding the said slave, by such whipping, striking, or abuse, may not have been rendered incapable of labor.

Article V. Of the Abduction and Stealing of Slaves, Removing Them out of the State by Boatmen and Others, and Exciting Them to Rebellion.

Sec. I. If any free person not having lawful, or, in good faith, a color of claim thereto, shall steal, or shall seduce or entice a slave a leave his owner or possessor; or if he shall make, or furnish, or aid, or advise in the making or furnishing a gorged or false pass, or deed of emancipation, or other writing purporting to liberate a slave; or if, in any manner, he aid or assist a slave to make his escape, or attempt to make his escape from such owner or possessor, he shall be confined in the penitentiary for a period of not less than two nor more than twenty years.

Sec. II. A free person convicted of an attempt to persuade or entice away a slave from the service of his master, or owner, or the person in possession of the slave; or if convicted of the attempt to persuade or induce, by any means, a slave to run away from his master, or owner, or person in possession of him, shall be confined in the penitentiary for a period not less than two years nor more than five years.

Sec. III. A free person suspected of an attempt to entice or take a slave from his owner or lawful possessor, upon complaint, on oath to a judge of the circuit or county court, shall be apprehended, and brought before the officer issuing the warrant, or some other of equal jurisdiction in the county where the offense is charged to have been committed; and upon such attempt being proved to the satisfaction of the judge, he shall recognize such offender, with one or more good sureties, to be of good behavior during his stay or residence in this state, or for such other time as the judge shall think proper. If the accused shall fail to give such bond, or a bond with sufficient surety, that he will forthwith quit the commonwealth, and not again return, he shall be committed to the jail of the county, there to be kept until the next term of the circuit court, at which time he may, for sufficient cause, be discharged from confinement, with or without bail, as the court may adjudge.

Sec. IV. If any person shall be convicted of the offense of attempting to excite a slave to insurrection, he shall be confined in the penitentiary for not less than five nor more than twenty years.

Sec. V. If any free person shall be convicted of the offense of knowingly concealing a stolen slave, or a slave enticed from the service of his master or owner, or of harboring a runaway slave, with the intention to prevent the owner from obtaining possession of such runaway, he shall be confined in the penitentiary for not less than five nor more than twenty years.

Sec. VI. If the owner, his driver, agent, or servant, of any mail stage, railroad car, or any other conveyance for the transportation of persons or property, suffer or permit a slave to go as passenger thereon, with or without pay, without the written request of his master or owner, unless accompanied by the master or owner, the person so offending shall be fined one hundred dollars, and shall, also be answerable to the master or owner for all damages he may sustain thereby.

Article VI. Runaway Slaves.

Sec. I. Every slave arrested as a runaway shall be taken before a justice of the peace, and, if there be reasonable cause to suspect that such slave is a runaway, the justice shall give a certificate of the fact, stating therein the county in which the slave was arrested, the name, if known, and description of the negro, the name and residence, if known, of his master, and the name and residence of the person who apprehended the runaway, and the amount due the apprehender, and, by his precept indorsed thereon, command him to deliver the slave to the jailer of his county, or, if the owner is resident in the county of the justice, to deliver the slave to the owner thereof.

Sec. II. If the slave be delivered to the jailer for safe keeping, the person apprehending him shall leave with the jailer the certificate of the justice, described in the first section, take the jailer’s receipt for the negro, and the jailer shall keep said slave in a close jail until demanded by the owner, or his agent, and shall not deliver him then, until the fee or reward offered for taking up, expenses of keeping, jailer’s fees, and costs, are paid to him. If he deliver the slave, without the payment of the fee or reward

Sec. III. The compensation for apprehending a runaway slave, where no larger amount has been offered as a reward, shall be as follows, to be paid by the owner: If the slave be arrested in the county of the residence of his master, or the person who had the legal custody of him when he ran away, and delivered to the master, or the person from whom he escaped, or lodged in the jail of the county, ten dollars; when in any other county, twenty dollars. If the slave be arrested in a state where slavery is not allowed, and delivered to the owner at his residence in this state, one hundred dollars; if lodged in the jail of any county in the state, whether the master or owner reside in or out of this state, seventy-five dollars.

Sec. IV. When a runaway slave shall be committed to jail, under the provisions of this chapter, the jailer shall, within ten days thereafter, advertise said runaway, in a newspaper nearest his residence, in which he shall give an accurate description of the slave, which advertisement shall be continued for six months, if the slave be not sooner claimed by his master. If said slave be not claimed within six months, the fact shall be reported by the jailer to the county court. The court shall cause the slave to be valued by two persons, and direct him to be sold; also, the time and place of sale, and the smallest sum for which the slaves shall be sold.

Sec. V. The sheriff shall sell the sale at the court house, upon a court day, to the highest bidder, after having advertised in a newspaper nearest his residence, for at least two months, the time and place of sale. The sheriff shall give, in said advertisement, a description of the slave. The slave shall be sold upon a credit of six months, with interest, the purchaser to give bond and good surety to the commonwealth, to have the force and effect of a replevin bond. The bond shall be returned to the clerk’s office of the county, and if not paid to the clerk when due execution shall issue upon the same. The clerk and sheriff, and their sureties, shall respectively account for and pay over any money so received or collected by them, in the same manner as they account for public revenue.

Sec. VI/

Article VII.

Section I. A free Negro who willfully and unlawfully burned a courthouse, county or public prison, clerk’s office, the capitol of the commonwealth, or any building upon the capitol square, office of the county surveyor, a public building belonging to the commonwealth, tobacco house, warehouse, stable, still house, mill, public house of worship, etc. shall suffer death.

Section II. Any free Negro who conspired to rebel or make insurrection, upon conviction shall be put to death.

Section VII. Any free Negro or slave who willfully and maliciously shot at any free white person, with a gun or other instrument, with intent to kill or wound, shall suffer death, or the punishment by stripes or confinement in the penitentiary.

Section XXI. No free Negro or slave shall be exempt from the punishment prescribed by law, by reason of any benefit of clergy.

Article VIII. Misdemeanors by Free Negroes

Section I. If any free Negro shall keep a disorderly house, or shall be found loitering about, engaged in no honest calling to obtain a support, he shall be guilty of a misdemeanor.

Section II. The police judge of any city or town, where the offense is committed in a city or town, judge or a county court, or justice of the peace, shall issue a summons against the offender, described in the preceding section, stating therein, substantially, the nature of the offense; which summons may be executed and returned by a constable or other officer, before the police judge, or the judge of a county court; and when executed, the constable, or other officer, shall give a copy of the same, and state also in copy the time and place of trial, giving said defendant at least two days between the service and the day of trial, to prepare his defense.

Section III. The police judge of a city or town, or a judge of a county court, shall have jurisdiction to hear and try offenders, denounced in the first section of this article, within their respective jurisdictions. A jury shall be impaneled to try the facts.

Section IV. Found guilty, he shall be taken immediately into custody, and hired out as a servant, at public auction, to the highest bidder, for a term not exceeding six months: bond and good surety shall be given by the person hiring, for the payment of the amount to the commonwealth, and also that he will provide good, wholesome diet, lodging, and clothing for said person of color, during said time, and that he will not remove the said free Negro out of the state, or permit it to be done.

Section V. All fines collected from misdemeanors shall be applied first to the payment of the convicted debts, net to the support of his family, if free; if there is no family, then to be paid into the city treasury, or to the use of the county.

Section VI. If a free Negro should sell or give ardent spirits to a slave, without the consent of the owner, he shall be deemed guilty of a misdemeanor.

Section VII. If a free Negro shall engage in the manufacture of whisky, brandy, or other spiritous liquors, except as the hired servant of a free white person; or if he shall sell to any person, in any quantity, whisky, brandy, or other spiritous liquors, he shall, upon indictment an conviction, be fined in a sum not less than fifty nor more than three hundred dollars, and stand committed until the fine and costs be paid; one-half of the fine, when collected, to the use of the commonwealth’s attorney.

Section VIII. It shall be the duty of the justices of the peace, when they have reason to believe, upon complaint made to them that any free Negro has violated the provision of the two preceding sections, to issue a warrant for his apprehension, returnable before a justice of the peace. The officer to whom such warrant is directed shall arrest the defendant, and immediately bring him to trial. If, upon a trial, the justice shall believe defendant guilty, the Negro shall give bail for his appearance at the next term of the circuit court of the county, in a reasonable amount; if such bail be not given, the accused shall stand committed for trial.

Article IX. Emancipation of Slaves

Section I. Slaves may be emancipated by the owners in fee thereof, in the following manner, and upon the following conditions, and not otherwise:

By deed, acknowledged or proved by two subscribing witnesses, in the county court.
By last will and testament.
Subject to the debts and liabilities of the owner.
Upon condition of their being removed from, and continued residence out of the state of Kentucky.
The deed of emancipation, and so much of any will as emancipates a slave, shall not vest the absolute right of freedom in the slave, until after he shall have removed out of the state.

Section II. No slave shall be emancipated who is over 65 years of age, or who is by disease of infirmity incapable of labor for a support, unless the owner provides the means for his transportation, out of this state, and one year’s support.

Section III. When the person emancipating a slave, by deed or will, shall fail to provide for his removal out of the state, the county court shall, by order, direct the slave to be hired our from year to year, until a sufficient fund shall be created thereby to defray the expense of moving said slave to some place out of this state, and to maintain him for twelve months.

Section IV. The county court shall appoint trustees, who shall not be members of said court, from time to time, in their respective counties, for such slaves as may be emancipated under the provisions of this article. They shall take from the trustees bond, with good surety, for the faithful discharge of their duties, and shall cause them to report and settle their accounts once in each year, and pay over the finds in their hands, which shall be preserved by the county court, or placed at interest, from time to time, until the same shall be required for the purpose named in the third section of this article.

Section V. The trustee appointed under the provisions of the preceding section, shall have the right to control the slave placed under his care, and shall possess all the rights, powers, and privileges, and be subject to all the responsibilities, of the master of said slave, so long as he may be continued as trustee.

Section VI. When the county court shall of opinion that a sufficient fund has been created by the labor of the slave, or otherwise provided for him, to remove and support him, as required by the third section of this article, the court shall ascertain, by personal examination of the slave in open court, his willingness to be removed out of the state, and to accept his freedom upon the conditions prescribed by law and in the tenth article of the constitution of Kentucky; and if the consent of said slave be given, the fact shall be entered on record, with the age, and particular description of the said negro, a copy of which, with the deed or will of emancipation, under the seal of the court, shall be delivered to said negro, and such other orders made by the county court as may be deemed necessary to effect the safe and certain removal of the slave of this state, for permanent residence.

Section VII. If a family of negroes shall be emancipated, the proceeds of the labor of all shall be united in one common fund, and applied for the removal of all at the same time, and to the same place.

Section VIII. The county court shall have power, for good cause, to remove a trustee or agent, appointed by them under the provisions of this article, and to appoint another in his place.

Section IX. The issue of a slave emancipated by deed, born after the date of the deed, shall have the same right to his freedom that the mother has under said deed, and shall be treated accordingly.

Section X. The issue of a slave willed to be free, born after the death of the testator, shall have the same right to freedom as the other, and be treated accordingly, unless it shall manifestly appear by the provisions of the will that such issue is not intended to be emancipated.

Section XI. The county court, out of the funds produced by the labor of the slave, shall allow to the trustee a reasonable compensation for his trouble, and shall pay the cost incurred in court from time to time.

Section XII. When the master or owner provides a fund for the removal of the slave, and fails to prescribe the time and manner of removal, the county court shall take charge of the fund and slaves, and proceed as directed in the sixth section of this article.

Section XIII. All slaves emancipated, who shall refuse to give their assent to be removed out of the state, as required, shall be hired out thereafter, under the provisions of this article, for the benefit of the county, in such mode as the county court may direct, until such time as they shall give their assent, and actually move out of the sate.

Article X. Slaves Emancipated Subject to the Payment of Debts

Section I. Slaves emancipated shall be equitable assets in the hands of the personal representative of the testator, for the payment of debts. If emancipated by deed, a creditor or person who may be bound as surety for the owner, may, by proper procedure in chancery, prevent their removal out of the state, until his debt is paid or his liability removed.

Section II. Before the county court shall order an emancipated slave into the possession of a trustee, under the provisions of he ninth article of this chapter, the personal representative shall be summoned, and if it appear that there is not sufficiency of other estate to pay the debts and liabilities of the descendent, no such order shall be made without the consent of the personal representatives, unless the creditors assent to be paid their demands out of the fund to be created by the hire of the slaves. If such assent be given, the court shall make the order, and apply the fund ratably, as it may accrue.

Section III. If no such consent be given, then the creditors, by proceedings in equity against the personal representative, heirs, devisees, and distributes, and the slave shall have satisfaction of their debts in the following manner:

The slave shall be hired out pending the suit.
No sale of the slave shall be made until it shall appear that all other estate of the testator is insufficient for the payment of his debts and liabilities.
An absolute sale shall not be decreed by the chancellor, if a sale or hire of years shall be sufficient to pay debts.
After applying the whole of the estate of the descendent to the payment of his debts, then the find created by the hire of the slave, if any remain, shall be paid over to the county court, for the benefit of the slave, to be used as provided for in the ninth article of this chapter; and the slave shall be placed under the control of the county court, to be disposed of as therein provided.

Section IV. A slave emancipated by will, may, by bill in equity, compel the personal representative, heirs, devisees, distributes, and creditors to settle the estate, and establish his right to emancipation.

Section V. Pending a suit contesting the validity of any deed or will of emancipation, the slave may be required to give surety not to leave the commonwealth, or otherwise restrained from so doing, until such contest be finally decided. And if hired out, the hire, pending the suit, shall, if the slave be entitled to his freedom, be disposed of as is directed in the ninth article of this chapter.

Article XI. Free Negroes Immigrating to this State

Section I. Any free negro or mulatto who has, since the eleventh day of June, 1850, migrated, or shall hereafter migrate to this state, with the intention of remaining therein, shall be guilty of felony, and, upon conviction, shall be confined in the penitentiary for any period of time not exceeding five years.

Section II. If any slave, hereafter emancipated by the laws of this state, shall fail or refuse to leave the state, as required by law, after having left the state, shall return and settle within the same, he shall be deemed guilty of felony, and upon conviction, confined in the penitentiary for any period of time not exceeding five years.

Section III. Persons guilty of offenses denounced in either of the preceding sections, shall be apprehended and tried as is provided for in other cases of felony.

Section IV. Persons convicted of either of the offenses in the preceding sections, after they have served the time of confinement in the penitentiary, or after they have been pardoned, who fail to leave, but remain in this state for a period of thirty days, shall be guilty of felony, and punished by confinement in the penitentiary for a period not less than five nor more than ten years, for each offense.

Section V. If any free negro or mulatto, not resident of Kentucky, shall come into this state, he shall repair to the county court clerk of the county in which he shall first come, and there make his business known to the clerk; and the clerk may, if he is satisfied said free negro’s business is laudable and lawful, issue a certificate to said free negro, setting out the object of the visit, and authorize such free negro or mulatto to remain transact said business, not exceeding thirty days, for which he may charge fifty cents, to be paid by the applicant. If any such free negro or mulatto shall fail or refuse to procure said certificate within twenty-four hours after he comes into this state, or shall continue longer in the state than allowed by said certificate, he or she shall be apprehended and taken before some justice of the peace, there to be tried; and if found guilty may be confined, in the county jail where apprehended till he or she shall give good security to leave the state forthwith; and also pay all costs of the proceeding.

AMENDMENTS. AN ACT FOR PUNISHING NEGRO STEALING

Be it enacted by the General Assembly f the Commonwealth of Kentucky: That if any person or persons shall hereafter steal, or aid and abet in the stealing of any negro slave, he or they shall, upon conviction thereof, be confined in the penitentiary not less than two years, and may at the discretion of a jury, be so confined for life.

Approved, March 8, 1856.

AN ACT TO AMEND THE 5^TH SECTINON OF ARTICLE 7, CHAPTER 93, REVISED STATUTES

Be it enacted by the General Assembly of the Commonwealth of Kentucky: That free negroes or slaves who may be guilty of the crime of burglary, shall be subject to all the pains and punishments inflicted by the fifth section of article seven, chapter ninety-three, title, “slaves, runaways, free negroes, and emancipation.”

Approved, March 8, 1856.