Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of VirginiaTucker, St. George
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Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of Virginia
Tucker, St. George
Slavery -- Virginia
[Footnote 19: The act of 1795. c. 11. enacts, that any person held in
slavery may make complaint to a magistrate, or to the court of the
district county or corporation wherein he resides, and not elsewhere.
The magistrate, if the complaint be made to him, shall issue his warrant
to summon the owner before him, and compel him to give bond and security
to suffer the complainant to appear at the next court to petition the
court to be admitted to sue _in formâ pauperis_. If the owner refuse,
the magistrate shall order the complainant into the custody of the
officer serving the warrant, at the expence of the master, who shall
keep him until the sitting of the court, and then produce him before it.
Upon petition to the court, if the court be satisfied as to the material
facts, they shall assign the complainant council, who shall state the
facts with his opinion thereon to the court; and unless from the
circumstances so stated, and the opinion thereon given, the court shall
_see manifest reason to deny their interference_, they shall order the
clerk to issue process against the owner, and the complainant shall
remain in the custody of the sheriff until the owner shall give bond and
security to have him forthcoming to answer the judgment of the court.
And by the general law in case of pauper's suits; the complainants shall
have writs of subpoena gratis; and by the practice of the courts, he is
permitted to attend the taking the depositions of witnesses, and go and
come freely to and from court, for the prosecution of his suit.]
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