Feb.17, 1829, §88, Acts 53rd G.A. 2nd sitting, p. 109, 132
SEC. 69. And be it enacted, That the court or justices before whom any negro, indian, or mulatto slave shall be convicted of any offence not punishable with death, shall have authority to impose, instead of the punishment by this act prescribed, such corporal punishment, not extending to life or limb, as such court of justices, in their discretion, shall direct.
SEC. 88. And be it enacted, That when any slave shall hereafter be convicted of manslaughter, arson, burglary, rape, robbery, or burning a barn, stable, or other outbuilding, to the value of one hundred dollars, or of setting fire thereto, with intent to burn the same, or of an assault and battery, with intent to commit murder, arson, burglary, rape or robbery, or of a misdemeanor in poisoning or attempting to poison, and so to endanger the life of any person whatsoever, and shall have judgment of imprisonment for the same, it shall be lawful for the governor of this state, at any time during the said imprisonment, by writing sealed with the great seal, to authorise and empower the owner of such slave to send him or her out of this state and the United States, and to direct the officer in whose custody such slave may be, to deliver him or her to such owner, for that purpose accordingly : Provided, that such owner, before he or she shall obtain such authority, shall enter into bond to this state, with one or more surety or sureties, to be approved of by the governor, and filed in the secretary's office, in the penal sum of four hundred dollars, conditioned, that such slave shall be so sent out of this state and the United States, within ten days after such delivery by the said officer, and shall never return to this state without lawful permission : And provided also, that such owner, before the delivery of such slave by such officer, shall pay all the costs of the prosecution, imprisonment, and maintenance of such slave, up to the time of such delivery.
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SEC.91. And be it enacted, That . . . . . the act entitled, "A further supplement to the act entitled an act for the punishment of crimes," passed the eighteenth day of March, seventeen hundred and ninety-six, which said further suplement was passed the third day of November, one thousand eight hundred and twenty, . . . . . be, and the same are hereby repealed . . . .