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EDWARD LLOYD, ESQUIRE, GOVERNOR.
9. AND BE IT ENACTED, That if any negro or
mulatto slave shall
be duly convicted of any crime herein mentioned, which may not,
in the discretion of the court, under this act, be punished by hanging
by the neck, such negro or mulatto slave, instead of confinement
in the penitentiary (a), may, in the discretion of the court, be
sentenced to receive on his or her bare back any number of lashes,
not exceeding one hundred, and the court may also sentence such
negro or mulatto slave to be banished from this state, by transportation
and sale, into some foreign country, for the benefit of the
state or county, as the case may be, with as full power and authority
as the governor may now exercise under an act*, entitled, An
act declaring power of the governor in certain criminal cases,
such negro or mulatto slave to be valued and paid for in the manner
herein after directed, and nothing in this act contained shall be
construed to deprive justices of the peace of any power or authority
which they may now exercise by law relative to free negroes
and mulattoes, or negro and mulatto slaves.
(a) By 1817, ch. 72, not coloured
person to be sentenced to confinement for less
than one year; and by 1818, ch. 197, no negro or mulatto slave to be sentenced
to undergo a confinement in the penitentiary. |
NOV. 11809.
CHAP. 138.
Slaves, in cases
not punishable by
hanging, may be
whipped, transported
and sold.
* 1795, ch. 82. |
10. AND BE IT ENACTED, That no conviction
or attainder shall
work corruption of blood or forfeiture of estate; the estate of such
persons as shall destroy their own lives shall descend or vest as in
case of natural death; if any person be killed by casualty there
shall be no forfeiture in consequence thereof; an approver shall
never be admitted in any case whatsoever, and a sentence of death
shall not be executed in less than twenty days after the judgment. |
No conviction or
attainder to work
corruption of
blood or forfeiture
of estate. |
11. AND BE IT ENACTED, That all claims to
dispensation from
punishment, by benefit of clergy, shall be and are hereby for ever
abolished; and every person convicted of any felony, heretofore
deemed clergyable, shall be sentenced to undergo a confinement in
the penitentiary for any time not less than one year nor more than
five years, to be treated as herein directed, except in those cases
where some other specific penalty is herein prescribed; and every
person who shall be convicted of any felony heretofore excluded
from the benefit of clergy, and not herein specified, shall be sentenced
to undergo a confinement in the penitentiary for a period of
time not less than five nor more than twenty years, to be treated as
this act directs. |
Benefit of clergy
abolished. Punishment
of felonies
heretofore
deemed clergyable
and of those
not clergyable, &
not specified in
this act. |
12. AND BE IT ENACTED, That if any person
be indicted of treason
or felony, and he or she shall stand mute, or will not answer
to the indictment, the court, in such case, shall notwithstanding
proceed to the trial of such person so standing mute, as if he or
she had pleaded not guilty, and render judgment thereon accordingly. |
Persons indicted of
treason or felony,
though mute, to be
tried. |
13. AND BE IT ENACTED, That in all capital
cases, and in all
other criminal cases, the punishment whereof upon conviction is
confinement in the penitentiary for five years at the least, or the punishment
whereof may be extended to twelve years confinement in
the penitentiary, and in all cases of larceny, where the money,
goods or chattels alleged to have been stolen, shall be valued in the
indictment at the sum of one hundred dollars, or upwards, the person
indicted shall be allowed the right of peremptory challenge, but
in no case shall the accused be admitted to challenge more than |
Peremptory challenge,
in what cases
allowed, and
to what extent. |
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