466 NEGROES. [ART. 66.

80. The constable arresting a negro under the preceding
sections, shall have the same right to secure his appearance by
confinement as in ordinary cases of misdemeanor, till the hear-
ing can be had before the justice, which shall take place as
speedily as practicable.

81. If any person shall hire and take into actual service any
free negro convicted under the preceding sections, with a know-
ledge of such conviction, he shall be answerable in an action of
debt to the person entitled to such service for the full value of the
service while in his employment, and twenty-five per cent, over
such value; Provided, the first employer shall sue for the same
within one month after his service was abandoned.

82. If any free negro shall contract in writing to hire to any
white person for a year, or less time, and for certain wages, and
shall afterwards refuse to enter into the service of such person,
and shall hire to another person, the person first hiring said
negro may recover from said negro, before a justice of the peace,
two-fifths of the amount of wages contracted to be paid by the
person so first hiring—which judgment shall be a lien on the
wages in the hands of the person in whose service he may be
engaged, from the time notice of such judgment shall be given
to said person, and shall be paid when due, and may be recovered
before any justice of the peace as common debts are.

83. If the said employer shall hire said negro with a full
knowledge of the previous hiring, and shall refuse to deliver him
to the first claimant on demand, the party first hiring may obtain
from a justice of the peace process of replevin to recover posses-
sion of the said negro, in which replevin judgment shall be
rendered and execution awarded as in ordinary cases of replevin.

84. The provisions of the two last preceding sections shall
apply to cases of verbal hiring by a free negro, and the receipt
by him of a portion of his wages in advance; and proof of the
said hiring and payment of the money by the oath of the
employer, and the evidence of some other person to the hiring,
shall constitute a prima facie case of hiring.

85. No judgment shall be rendered against a free negro or per-
son hiring such negro, if the justice shall believe that the wages
agreed to be paid to said negro were not reasonably secure, or if
he shall believe that said negro left the service, or refused to