It was not lawful for a slave to possess horses, mules, sheep, cattle, hogs or dogs, nor could he cultivate any cotton for his own use,--the only penalty attached, however, being the forfeiture of the property,--except as to dogs, for the keeping of which he might be punished with not exceeding twenty-five stripes. Cruel or unusual punishment, for various plantation or household offenses, could not be inflicted on a slave by his master,--under penalty of a fine of five hundred dollars for each offense, the fine to go to the state treasury, for the benefit of the "literary fund." The various misdemeanors enumerated here constituted the bulk of crimes of which it was thought probable the slave would be guilty,--there being but few others contemplated in our early criminal legislation. For such others, however, much greater penalties were provided. For an assault with intent to kill, by a slave upon a white person, where express malice was clearly proven, the punishment was death. If, however, only implied malice were shown the slave was to receive any number of lashes,--not exceeding one hundred on each day, for three days in succession. For all such offenses it must be borne in mind, the law guaranteed to the slave the right to a fair and impartial trial by a jury. The sheriff was required to summon "twenty-four good and lawful men of the vicinage," of whom at least twelve should be slave holders in their own right, from which number a jury of twelve was selected and duly sworn for the trial of the case. On such juries neither the master of the offending slave nor any person related to him, nor any one related to the prosecutor could sit. No previous indictment was essential, but in all other respects the trial was conducted just as in the case of a white person. It was obligatory upon the part of the court, where the owner failed to provide proper counsel for his slave, to appoint counsel to defend him, charging the fee for such service to the master. The regular right of a challenge of jurors for cause was given the slave, and in capital cases six peremptory challenges were also allowed him, as was also the usual right of appeal. On a trial for a capital crime it was permissible for the jury to convict of a crime under that degree, if the evidence justified such a verdict--the punishment then being "by burning in the hand, or by stripes," according to the magnitude of the offense,--"burning in the hand" being prescribed for nearly all felonies not punishable with death. The maiming or manslaughter of a white person, rape and arson were all capital offenses,--as was also the "consulting, advising or conspiring to make insurrection or rebellion;" while for any free persons to be guilty of the latter offense with a slave the death penalty was also provided. Whenever sentence of death was finally passed upon a slave, he was always to be allowed at least twenty days before its execution, except in case of insurrection or conspiracy.