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4. And be it enacted, That in all prosecutions that may hereafter
be had under the aforegoing provisions of this law, it 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 es-
tablish the fact, that such negro or mulatto was suffered and per-
mitted to be there by the possessor and occupier of such storehouse*,
or other house, unless he, she or they, shall he 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 was in such
store-house, or other house, or knowing the same used all necessary
means to remove forthwith such negro or mulatto from such store-
house or other house,
5. And be it enacted, That any person who shall, after the first
day of May next, in the counties aforesaid, receive from any negro
or mulatto any goods, chattels, or personal property, shall be con-
sidered as dealing with such negro or mulatto, and subject to the
like pains and penalties, to he recovered in like manner; Provided
always, that it shall be lawful to receive of a negro or mulatto,
goods, chattels, or personal property, in such cases, and under
such circumstances, an by the laws now in force such goods, chat-
tels, or personal property, might be bought of a negro or mulat-
to, but in none other,
6. And be it enacted, That in all cases where application shall
hereafter be made for a license or permit to retail liquors in the
counties aforesaid, it shall ho the duty of the court or judge,
as the case may he, 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 examination, that the said license or permit is intended for the
use or benefit of any other person or persons, then it ahull not be
lawful to grant the same.
7. And be it enacted, That this act shall be given in charge to
the grand jury of the aforesaid county courts at the beginning of
every term; Provided, that nothing herein contained shall be con-
strued to extend to negroes or mulattoes employed as wagoners, or
travellers putting up or stopping whilst towelling through said
counties.
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Dec. Ses. 1817
What shall be
evidence to
convict.
Penalty for re-
ceiving goods,
&c.
Proviso.
Permits to be
examined, &c.
Act to be given
in charge to
grand juries.
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