NEGROES.

1309

the public gaol in the county, for a term not exceeding three

months.

SEC. 4. And be it enacted, That in all prosecutions that may

What shall

hereafter be had under the aforegoing provisions of this law, it

be evidence
to convict.

shall be proved to the satisfaction of the petit jury, who shall

try the issue joined, that a free negro or mulatto, or a negro or

mulatto servant or slave, was in any store, or other house as

aforesaid, within the time prohibited by this law, such evidence

shall be sufficient to establish the fact, that such negro or mu-

latto was suffered and permitted to be theie by the possessor and

occupier of such store house, or other house, unless he, she or

they, shall be able to show, by credible testimony, that he, she

or they, or his, her or their agents or clerks, did not know that

such negro or mulatto \vas in such store-house, or other house,

or knowing the same used all necessary means to remove forth-

with such negro or mulatto from such store house or other

house.

Srr. 5 And be it enacted, That any person who shall, after

Penalty for

the first day of May next, in the counties aforesaid, receive from

receiving
goods from

any negio or mulatto any goods, chattels, or personal property,

negroes.

shall be considered as dealing with such negro or mulatto, and

subject to the like pains and penalties, to be recovered in like

manner; Provided always, that it shall be lawful to receive of

Proviso.

a negro or mulatto, goods, chattels, or personal property, in such

cases, and under such circumstances, as by the laws now in

foice such goods, chattels, or personal property, might be

bought of a negro or mulatto, but in none other.

SFC 6 And be it enacted, That in all cases where application

Permits to

shall hereafter be made for a license or permit to retail liquors in

be ex-
amined, &c.

the counties aforesaid, it shall be the duty of the court or judge,

as the case may be, and in those counties where no judge re-

sides it shall be the duty of the clerks of said counties, to

inquire and examine whether the said license or permit is

intended to be used for the use and benefit of the person or

persons only in whose name or names the same is applied for,

or for the use or benefit of any other person or persons, and the

said court or judge, or clerks, as the case may be, may in their

discretion examine, upon oath or affirmation, as the case may

be, the person or persons in whose name the said license or

permit is applied for, whether the same is intended for his, her,

or their own use, or for the use and benefit of any other person

or persons, and if it shall appear on such inquiry and examina-

tion, that the said license or permit is intended for the use or

benefit of any other person or persons, then it shall not be law-

ful to grant the same.

SEC. 7. And be it enacted, That this act shall be given in

Act to be

charge to the grand jury of the aforesaid county courts at the

given in

172