Thursday, June 13, 2013

"to carry or make use of fire-arms, or any offensive weapon whatsoever"

  25. It shall not be lawful for any slave, unless in the present of some white person, to carry or make use of fire-arms, or any offensive weapon whatsoever, unless such negro or slave a ticket or license in writing from his master, mistress or overseer, to hunt and kill game, cattle, or mischievous birds, or beasts of prey, and that such license be renewed once every mouth; or unless there be some white person of the age of sixteen years or upwards, in the company of such slave when he is hunting or shooting; or that such slave be actual carrying his master's arms to or from his master's plantation, by a special ticket for that purpose; or unless such be found in the day time actually keeping off rice-birds, or other birds within the plantation to which such slave belongs, lodging the same gun at night within the dwelling-house of master, mistress, or white overseer. And provided also, that no negro or other slave shall have liberty to carry any gun, cutlass, pistol or other weapon, abroad from home at any time between Saturday evening after sun-set and Monday morning before sun-rise, notwithstanding a license or ticket for so today.
  26. And in case any person shall find any slave using carrying fire arms, or other offensive weapons, contrary to true intention of this act; every such person may lawfully seize and take away such fire-arms or offensive weapons: But before the property of such goods shall be vested in the person who shall seize the same, such person shall, within forty-eight hours, next after such seizure, go before the next justice of the peace, and shall make oath of the manner of the taking; and if such justice of the peace, after such oath shall be made, or if upon any other examination, he shall be satisfied that the said fire-arms, or other offensive weapons, shall have seized according to the directions, and agreeable to the true intent and meaning of this act, the said justice shall, by certificate under his hand and seal, declare them forfeited, and that the property is lawfully vested in the person who seized the same.
  27. Provided, That no such certificate shall be granted by any justice of the peace, until the owner or owners of such fire-arms or other offensive weapons so to be seized as aforesaid said, or the overseer or overseers, who shall or may have the charge of such slave or slaves from whom such fire-arms or other offensive weapons shall be taken or seized, shall be duly summoned, to shew cause (if any such they have) why the same should not be condemned as forfeited; or until forty-eight hours after the service of such summons, and oath made of the service thereof before the said justice. [See State Constitution, Art. 1. ss 2.]

[AN ALPHABETICAL DIGEST OF THE PUBLIC STATUTE LAW OF SOUTH CAROLINA IN THREE VOLUMES. BY JOSEPH BREVARD, One of the Judges of the Courts of General Sessions and Common Pleas, and an Associate Judge of the Constitutional Court of Appeals of the State of South Carolina. Vol. II. CHARLESTON, (S.C.) PUBLISHED BY JOHN HOFF, NO. 117 BROAD STREET. 1814.  Pgs. 234-35]

Hmmmmm, so slaves needed to have a 'license', eh?

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