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Session Laws, 1856
Volume 623, Page 299   View pdf image
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T. WATKINS LIGON, ESQUIRE, GOVERNOR.

299

of his master with an intention to escape into another
State, such person or persons shall be entitled to re-
ceive from the proceeds of sale of such slave, twenty
per cent, of the nett amount, after defraying the ordi-
nary or necessary expenses, if taken in the county;
thirty per cent, if taken out of the county and in the
State; and fifty per cent, if taken out of the State;
such compensation shall be a lien on the arrested
slave and have precedence to all mortgages, execu-
tions and incumbrance thereon, except a levy thereon
for taxes and public dues.

SEC. 5. And be it enacted, That in the event of
any controversy arising between the owner or his
agent or representative and the arrestor of such slave
or slaves, whether the said slave or slaves was or
were really absconding and running away, as de-
scribed in the fourth section of this act, the Orphans'
Court of the county shall, upon full hearing of both
parties and an examination of the whole matter, de-
cide, whether the said slave or slaves was or were
absconding or running away in the meaning of this
,law, at the time of the arrest, and was bona fide ar-
rested and secured as aforesaid, each party to have
the privilege of process to compel attendance of wit-
nesses, who shall be sworn in the usual manner, and
such fees shall be paid to the register, sheriff or con-
stable and witnesses, as is usually paid for similar
services in the Circuit Court, and that either party
may have the right of appeal to the next Circuit
Court, which in a summary way shall, at the first
court, if practicable, decide such appeal.
SEC. 6. And be it enacted, That this act shall
take effect from its passage.

In the event
of controversy.



 
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Session Laws, 1856
Volume 623, Page 299   View pdf image
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