Constitution and Laws of the Common Wealth of Liberia, Part 1 (1843)

CONSTITUTION AND LAWS OF THE COMMONWEALTH OF LIBERIA,

INCLUDING AN ABSTRACT OF LEGAL PRINCIPLES AND RULES, WITH AN APPENDIX OF FORMS. PUBLIC TID BY ORDER OF THE LEGISLATIVE COUNCIL. IN TWO PARTS. MONROVIA, LIBERIA.

HILARY TEAGE, – PRINTER.

PART FIRST.

1. The Colonies or Settlements of Monrovia, New Georgia, Cald. Millsburg, Marshall, Bexioy, Basa Cove, and Edina, and such other colonies hereafter established by this Society, or by Colonization Societies adopting the Constitution of the American Colonization Society, on the western coast of Africa, are hereby united into one government, under the same name and style of the Commonwealth of Liberia.

Art. 2. All legislative power herein granted, shall be vested in a Governor and Council of Liberia, but all laws by them enacted, shall be subject to the revocation of the American Colonization Society.

Art. 3. The Council shall consist of representatives, to be elected by the people of the several colonies or settlements, and shall be appointed among them, according to a just ratio of representation. Until otherwise provided, Monrovia, New Georgia, Caldwell, Millsburg, shall be entitled to six representatives: and Marshall, Bexley, Basa Cove, and Edina, to four representatives, to be appointed among them by the Governor.

Art. 4. The representatives shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest, dur ng their atten lance at the session of the Council, and in going to, or returning from the same; and for any speech or debate therein they shall not be questioned in any other place.

Art. 5. Until otherwise provided by law, the Governor shall appoint, and publish the times, places, and manner of holding elections, and making returns thereof, and the time for the meeting of the Council.

Art. 6. The Governor shall preside at the deliberations of the Council, and shall have a veto on all their Acts; provided neverhieses that if two thirds of all the members elected to serve in the Council shall concur in passing a bill or resolution, notwithstanding the veto of the Governor the same when so passed shall become a law and have effect as such.

Art. 7. A Colonial Secretary shall be appointed by the Governor; and it shall be the duty of such colonial secretary to record in a book or books, all the official acts and proceedings of the Governor, of the Council and of the Governor and Council to secure and preserve the same carefully, and to trans mit a copy of each of such acts or proceedings to the American Colonization Society, from time to time, provided, however, that such acts and proceedings be so transmitted at least once a year.

Art. 8. A Great Seal shall be provided for the Commonwealth of Liberia, whereby the official and public Acts of the Governor, shall be authenticated; and the custody of the said seal shall be committed to the colonial secretary.

Art. 9. The Governor and Council shall have power to provide a uniform system of military tactics and discipline; to provide for organization, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the Commonwealth:

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To declare war in self- defence:

To make rules concerning captures on land and water:

To make rules concerning captures on land and water: To make treaties with the several African tribes, and to prescribe rules for regulating the commerce between the Commonwealth of Liberia, and such tribes; except that all treaties for the acquisition of lands shall be subject to the approval of the American Colonization Society.

To prescribe uniform rules of naturalization for all persons of color, and all persons now citizens of any part of the Commonwealth of Liberia, shall continue to be so, and all colored persons, emigrating from the United States of America, or any district or territory thereof, with the approbation, or under the sanction of the American Colonization Society; or any society auxiliary to the same, or of any state Colonization Society in the United States, which shall have adopted the constitution of the American Colonization Society, shall be entitled to all the privileges of citizens of Liberia; except the same shall have been lost or forfeited by conviction of some crime.

EXECUTIVE POWER.

Art. 10. The Executive Power shall be vested in a Governor of Liberia, to be appointed by, and to hold his office during the pleasure of the American Colonization Society.

Art. 11. The Governor shall be Commander in chief of the army, of the navy, and of the militia of the Commonwealth; he shall have power to call the militia, or any portion thereof, into actual service, whenever the public emergency shall require; and he shall have the appointment of all military and naval officers; except the captains and subalterns of militia companies, who may be elected by their respective companies.

Art. 12. The land owned by the Society, and all other property belonging to the Society, and in the commonwealth, shall be under the exclusive control of the Governor and such agents as he may appoint under the direction of the Society.

Art. 13. The Governor, with the advice and consent of the Council shall appoint all officers whose appointment or election is not otherwise specially provided for in this constitution.

Art. 14. There shall be a Lieutenant Governor, who shall be elected by the people—he shall exercise the office of Governor, in case of a vacancy in that office, occasioned by the Governor’s death or resignation, or in case the Governor shall delegate to him the temporary authority of Governor, during the Governor’s absence or sickness.

JUDICIAL POWER.

Art. 15. The judicial power of the Commonwealth of Liberia, shall be vested in one Supreme Court, and in such inferior Courts as the Governor and Council may from time to time, ordain and establish. The Governor shall be, Ex-officio, Chief Justice of Liberia, and as such shall preside in the supreme court, which shall have only appellate jurisdiction. The judges, both in the supreme and inferior courts except the chief Justice, shall hold their office during good behaviour.

Art. 16. A code, or uniform system of civil and criminal laws shall be provided by the American Colonization Society for the Commonwealth of Liberia.

Art. 17. The present criminal laws in force in the several colonies, or settlements now forming the Commonwealth of Liberia, and such others as may from time to time be enacted, shall constitute the criminal code of the Commonwealth. Such parts of the common law, as set forth in Blackstone’s Commentaries, as

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may be applicable to the situation of the people, except as changed by the laws now in force and such as may hereafter be enacted, shall be the civil code of law for the commonwealth.

Miscellaneous.

Art. 18. Until otherwise provided by law, the Commonwealth of Liberia shall be divided into two counties as follows:

Monrovia, New Georgia, Caldwell, and Milsburg shall constitute one county, under the name of Montserrado; Bassa Cove, Eaine, Bexley and Marshall, shall constitute the other county, under the name of the county of Grand Bassa.

Art. 19. There shall be no slavery in the commonwealth.

Art. 20. There shall be no dealing in slaves by any citizen of the commonwealth, either within or beyond the limits of the same.

Art. 21. Emigration shall not be prohibited.

Art. 22. The right of trial by Jury, and the right of petition shall be inviolate.

Art. 23. No person shall be debarred from prosecuting or defending any civil cause, for or against himself or herself before any tribunal in the commonwealth, by himself or herself or counsel.

Art. 24. Every male citizen of the age of 21 years, shall have the right of suffrage.

Art. 25. All elections shall be by ballot.

Art. 26. The military shall at all times, and in all cases, be in subjection to the civil power.

Art. 27. Agriculture, the mechanic arts and manufactures, shall be encouraged within the commonwealth; and commerce shall be promoted by such methods as shall tend to develope the agricultural resources of the commonwealth, advance the moral, social and political interest of the people, increase their strength, accelerate, firmly establish and secure their national independence.

Art. 28. The standards of weight, measure, and money, used and approved by the Government of the United States of America, are hereby adopted as the standards of weight, measure and money within the Commonwealth of Liberia. But the Governor and Council shall have the power to settle the value of the actual currency of the Commonwealth according to the metallic currency of the United States of America.

Office of the American Colonization Society, Washington, January, 14th, 1839.

I hereby certify the above twenty eight articles to be a true copy of a Constitution of the Commonwealth of Liberia, adopted by the Board of Directors, of the American Colonization Society, on the fifth day of January in the year Eighteen Handred and Thirty Nine.

PHILIP R. FENDALL, Recording Secretary.

An Act incorporating, bounding, and regulating Counties and Towns.

Section 1. Beit Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the Authority of the same: That this Commonwealth shall be divided into the two counties, of Montserrado and Grand Bassa separated from each other by the main branch of the Junk River.

Sec. 2. Be it further Enacted: That each county shall be divided into Townships of not more than eight miles square, until otherwise more accurately defined by law. Provided, that when there is not the space of eight miles between any two settlements then half the distance whatever it may be, shall limit each township.

Sec. 3. Be it further Enacted: That the line of the Township of Edina, in Grand Bassa County, shall extend from the ocean shore along the middle of the St. John’s river East of, and as far as the upper end of Factory Island, and from thence a North- west course so far as the jurisdiction of the Colony extends into the Little Bassa Country thence to the ocean so as to include the settlement of Little Bassa thence along the sea- beach to the place of begining.

Sec. 4. Be it further Enacted: That the line of the Township of Bassa Cove, shall extend from the ocean along the line of Edina Township, to the purchase made of Joe Harris, then East as far as may be deemed within the colonial jurisdiction, including the Grand Bassa territory comprehended within the bounds aforesaid, and Tabaccoe on the sea shore.

Sec. 5. Be it further Enacted: That the Township of Bexley shall extend from the upper end of Factory Island, aforesaid, to the creek called Doiv, which divides our purchase from the Natives possession of lands called Graecho, on the West side of the St. John’s River, and run back a North- west course on both the upper and lower lines without any fixed limits other than those prescribed in the deed of purchase made of the natives.

Sec. 6. Be it further Enacted: That the Farm settlement on the East bank of the main branch of the Junk River, between the West bank of the Easternmost fork of the Junk, and the East bank of the said main branch of the Junk, shall constitute the corporate Township of Farmington.

Sec. 7. Be it further Enacted: That the several Townships shall be bodies corporate, and as such May sue and be sued

Take and hold real and personal property for the benefit of the Township

Make and fulfil contracts, and levy all such taxes as may be necessary for township purposes.

Sec. 8. Be it further Enacted: That the corporate powers of the several counties shall be exercised by three Commissioners appointed in each county.

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whose duty it shall be to have the care of the buildings and other property of their respective counties- exercise a general supervision over prisons, poor houses and asylums- to examine into the state of roads and bridges- to determine what expenditures are needed for the erection, improvement and care of the same, and recommend to the Governor the appropriation of such sums as may be necessary, out of the funds of said county: And the Commissioners shall further have power whenever he necessities of the case require, to levy and collect such taxes as may be required towards paying the expenses of Government.

Sec. 9. Be it further Enacted: That the Treasurer of the County shall receive and keep subject to the order of the Commissioners all the monies of the County and make full quarterly report to them of his doings. He shall keep an account of all receipts and disbursements, subject at all times to the inspection of the Commissioners: Shall keep separate accounts of monies received for the Commonwealth; 1st, For licenses; 2nd, for military fines; and 3rd, Commonwealth taxes, &c. &c. And for his services, he shall receive a per centum, not to exceed twenty on all monies received and paid by him- the rate per centum to be determined by the Commissioners.

Sec. 10. Be it further Enacted: That there shall be a County Seal for each County of the Commonwealth, which shall be in the custody of the Clerk of the County, and it shall also be the seal of the County Courts.

Sec. 11. Be it further Enacted: That the Governor and Council may appoint one Marshal and one Public Notary for the Colony; and in each county one Commonwealth Attorney, three Commissioners, one Chairman of the County Court, one Surveyor, one Judge of Superior Court, one Clerk of Court, one Register, one High Sheriff, one Coroner, one Treasurer, one Collector of Customs, four Overseers of the poor, eight Constables in Montserrado and six in Grand Bassa; fourteen Justices of the Peace in Montserrado, and ten in Grand Bassa; three Assessors of the value of real estate in Montserrado and four in Grand Bassa; and deputy Port officers for Marshall. All which officers not otherwise ordered, shall hold their respective appointments during two years, unless removed on impeachment or conviction of some crime: Provided always that the same officer may at the discretion of the Governor and Council, be reappointed to the same office.

Sec. 12. And be it further Enacted: That there shall be a ferry established between Bassa Cove and Edina, and one to cross the Junk river at Marshall. The rates of toll at both places shall be fixed by the court of Quarter Sessions for Grand Bassa.

An Act regulating Towns and Villages.

Section. 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the Authority of the same: That whenever there exists an excess of under brush or noxious weeds to the injury of persons living contiguous, injuring or inconveniencing them either in their ways, property or health- it shall be the duty of persons aggrieved thereby to make a representation of such nuisance to the Commissioners under the 8th section of “An Act incorporating, bounding and regulating counties and towns” whose duty it shall then be to publicly advertise, for thirty days, the owner or owners

of such premises, requiring them to appear before them and answer for the nuisance complained of. And should the said owner or owners refuse or neglect so to do, or being heard, not remove the nuisance complained of, the said Commissioners may, if they deem it necessary, order the removal or abatement thereof, at the expense of such owner or owners.

Sec. 2. And be it further Enacted: That, for the purpose of securing the payment of such expenses, the Commissioners may issue their warrant directed to the Sheriff or any constable of the county, requiring him to distrain the goods and chattles of such owner or owners, and sell the same at public auction, for cash, after notice by advertisement of the sale, at the door of the court house, and two other public places, within the county, for the space of twenty days:—and the proceeds of such sale shall first be applied to the payment of the expenses of such removal, and the balance, if any, to the owner or owners. And if the goods and chattles of such owner or owners cannot be found, the Commissioners may cause the said sum to be levied on and from his or her real estate, by distress, warrant, and sale of a portion, as in the case of personal property.

An Act for the establishment of Courts.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That the jurisdiction of Justices of the Peace shall be co- extensive with their respective counties: And that there shall be holden in the county of Montserrado, a Justice’s Court for the town of Monrovia, on the second Tuesday in each month; for the town of Caldwell, on the third Tuesday of each month; for Millsburg, on the fourth Tuesday of each month; for New- Georgia, on the third Tuesday of each month; for Marshall, on the second Tuesday of each month; and for the county of Grand Bassa, at Bassa Cove, on the second Wednesday in each month, and at Edina on the third Wednesday in each month. Not withstanding said courts shall be opened at the times before designated; the Justices shall have a discretion to adjourn to any other time, or to a day certain.

Sec. 2. Be it further Enacted:—That Justices of the Peace shall have jurisdiction in all actions of debt, trespass, and for torts, where the amount claimed does not exceed twenty dollars—in replevin, until the value of the property replevied does not exceed twenty dollars—in attachment not exceeding twenty dollars. And they shall have power to issue warrant and commit to jail, all persons who shall be charged with criminal offences not capital, till they may be examined and held to bail for appearance in the County Court; and where the offence is clearly proven, the accused shall be committed to the custody of the Sheriff to answer before the County Court for the offence.

3. Be it further Enacted: That all Judgments rendered in a Justice’s Court, when required by the defendant, and sufficient security first given, time for payment shall be allowed: For all sums of twenty dollars five months; – sums under twenty and over fifteen, four months; – under fifteen and over ten, three months; – under ten and over five, two months; – under five and over two, one month, and all sums under two dollars, ten days. At the expiration of the time above allowed, execution may issue immediately against the defendant and his surety, by virtue of which, the officer may levy upon the goods and chattels first of the principal, and in case of deficiency, then of the surety to an amount sufficient to liquidate the debt, interest and costs; – And after ten days notice by public advertisement, shall proceed to sell the same to the highest bidder for cash, and should he by the sale make a sum exceeding the amount for which he claims, he shall forthwith pay the surplus over to the defendants. And all Judgments rendered in a Justice’s Court, shall be recorded on the original precepts, and all judgments and all executions upon judgments not so rendered, shall be null and void.

Sec. 3. Be it further Enacted: That there shall be holden in each of the Counties of this Commonwealth a Court of Common Pleas and Quarter Seesions, to be constituted by a Chairman and two Justices of the Peace as associates. That for Monsterado County to be opened on the first Monday in February, May, August and November, in each year, and may be continued from day to day, during the term of one week. And that for Grand Bassa County aforesaid, on the second Monday of the same months, and continued for a like term if necessary. The said Court shall have original jurisdiction in all cases of debt, for sums over twenty dollars; and be authorised to empanel jurors, to try and determine cases of petit larceny, and all infractions of the peace of the Commonwealth, except High Misdemeanor. It shall have the care and management of the persons and estate of orphans not otherwise provided for. It shall be a Court of Probate, and with its other records have a record of Wills, which may be proven in said Court.

Sec. 4. Be it further Enacted: That the Chairman of said Court shall not exercise the functions nor perform the duties of a Justice of the Peace but his duties shall be confined exclusively to the Court of which he is Chairman; and for the services so rendered, he shall be allowed Twenty Dollars per annum, out of any fines and forfeitures collected in said Court.

Sec. 5. Be it further Enacted: That whenever a vacancy shall happen up on the bench of the County Court, by the absence of the Chairman, it shall be

the duty of the Magistrate present whose commission bears oldest date to fill the vacancy. He taking care to distinguish between his acts, and those of the regular incumbent, by adding to the signature of his name the words “Pro. Tenn.” Notwithstanding his official acts shall be equally valid within the jurisdiction of said Court.

Sec. 6. Be it further Enacted: That it shall be the duty of the County Court at their term next before the general election, to appoint Judges and Clerks for said election, and make record of all the names of persons so appointed for each town or district, and the Clerk shall issue notice to the persons so appointed to be served by the Sheriff, as in the case of other process issuing from the said Court.

Sec. 7. Be it further Enacted: That the clerk shall keep a record of all matters and things ordered and transacted by the Court, in a book or books to be provided at the expense of the Government: issue all leading processes, writs and subpoenas, signed with his own name as Clerk, made and directed according to law; make record of all such issues and note the returns made by the officer to whom they were directed; take minutes of the trial of all such cases, magistrates presiding, jurors empanelled, and the names of the jury who pass their judgment in each and every case: Note the proof of wills or other conveyances of property in said Court, and deliver all such papers after being so noted, to the Register for recording; and under the direction of the Court issue license to those to whom they are granted, and make record thereof as in other cases whereof a record is necessary to be kept.

Sec. 8. Be it further Enacted: That the duties of the Probate Court shall be distinct from that of the Court of Pleas and Sessions, though they are performed at the same term. It shall be the duty of the Chairman presiding at the said Probate Court to cause the probate of any will or testamentary paper that shall possess the features of one, or if contested he shall cause the will so contested to be brought before the Court of Common Pleas, that it may be submitted to a competent jury upon its merits and by them either rejected, set aside or quashed or unanimously approved; or if rejected, the same may be removed by appeal to other tribunal on petition made by any person aggrieved, according to the laws of this commonwealth which relate to appeals.

Sec. 9. Be it further Enacted: The Register shall record all documents and instruments relating to the security and title of public or individual property- Government grants, patents, contracts, commissions and other papers, which are properly matter of record and to which the Commonwealth shall be a party. He shall receive papers of record from the County Clerk, register and file them in alphabetical order that they may at all times be in safe keeping in his office, and accessible to persons desiring to examine them. And every volume of records when full shall be delivered by him to the Colonial Secretary, for preservation among the archives of the colony.

Sec. 10. Be it further Enacted: That there shall be holden in each of the Counties of Montserrado and Grand Bassa a Superior Court, which shall have original jurisdiction of all offences against the Commonwealth constituted penal by any law of said Commonwealth, presentments whereof shall be made by a Grand Jury on information given to them of existing cases, or of commitments made by Justices of the Peace; and shall have jurisdiction of all cases carried up by appeal from the court of pleas and sessions. There shall be a Judge

appointed for the said court in each of the said counties: who shall alone preside at each session of said court, to commence in Montserrado on the first Monday in April and October, and in Grana Bassa on the first Monday in May and November. The said Judges being governed by the same rules as courts of Equity in the United States, shall have jurisdiction of all causes in Equity shall have power to issue supersedeas and writs of equity into all cases originating in Inferior Courts and may suspend their proceedings for want of matter, form or evidence so that the party aggrieved may have issue of his cause in the said Superior Court. And when the Judge is interested in any case that may be brought in his court, then and in that case, the Judge of the sister County shall preside, and shall be entitled to the fee allowed for that term. There shall be a clerk of the court in each county who shall receive his appointment from the Judge of said court and shall be directed in all issues to be made and other matters and things relating to the official transactions of the court, by the Judge thereof. He shall issue all writs directed to the Sheriff or in case of that office being vacant to the Coroner of the county, at least ten days before the return day of the term of said court to which they shall be returnable, sign them with his own name as clerk commanding the proceedings therein specified to be performed in the name of or before His Honour the Judge of said court: and he shall keep a book wherein he shall make record of all original issues and actions so made and begun as well as of all matters carried up by appeal to said court. He shall issue subpoenas for witnesses when required, and direct the same to the Sheriff or Deputy who shall execute within- out detail and make proper return thereof; and all such papers and documents to returned to his office, shall be filed in alphabetical order so as to be of easy access to those having occasion to examine them. And the said clerk shall also be qualified to act as Clerk and master in Equity in all matters and things pertaining to said court.

Sec. 11. Be it further Enacted:—That there shall be one Supreme Court for the Commonwealth, in which His Excellency the Governor shall preside, (he being Ex- officio Chief Justice of Liberia), to be held by him at such times, in such manner, and in such places as he shall from time to time direct, to it shall belong original jurisdiction in all maritime cases, and all cases of suits between citizens and aliens, and of all cases without or beyond the limits of the colony; and the returns on precepts issued thereupon, shall be made to such courts as they may be directed: and said Court shall have appellate jurisdiction, in all causes originating in the Superior Courts, or carried up by appeal from the Courts of Pleas and Sessions, or on cases originating in Justices Courts that have travelled up to it by regular course of appeals, and the judgments and decisions of the tribunal both between man and man and the commonwealth and its citizens, or aliens, in all manner of cases shall be final. The Colonial Secretary shall act as the Clerk in said Court, and shall keep such record of all matters and things connected with the business thereof, as shall seem meet and right to the Justice thereof to have done and made.

Sec. 12. And be it further Enacted:—That in addition to the above Courts, there shall be a Court of Monthly Session for the district of Simoe. The Chairman of which court shall be clothed with powers similar to those vested in the Chairman of the County Court, and all matters of a legal nature above the jurisdiction of a Quarterly or County Court, within said district shall be laid in the Superior Court for the County of Grand Base.

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An Act defining certain crimes, and relating to the punishment of crime.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That sedition, mutiny, insubordination or disobedience to the lawful authority, are high misle- . meanors and cognizable by the Superior Court.

Sec. 2. Be it further Enacted: That grand larceny and all felonies may be punished in pursuance of judicial sentences, by imprisonment either in irons or not, or by a term of labor in chains on the public works.

Sec. 3. Be it further Enacted: That banishment from the Colony may take place on conviction for offenses directly affecting the peace and good order of the same, and for obstinately refusing to acquiesce in the express decisions of the Board of Managers of the American Colonization Society. The property of exiles shall pass to their next heirs resident in the Colony: And in all cases of banishment when the person has no heir in the Colony, the lands held by him shall revert to the Colony.

Sec. 4. Be it further Enacted: That theft in which the property stolen shall not be more than one dollar, is petit larceny and quarrelling, riot, drunk- . emess, sabbath breaking, profanity and lewdness are infractions of the peace.

Sec. 5. Be it further Enacted: That no person who shall have been convicted of theft or any other misdemeanor, punishable by imprisonment, shall be suffered to sit on a jury. And further: That no person who shall be convicted of theft, burglary or robbery, shall ever alter enjoy the elective franchise, or be eligible to any office in this Colony, or have a right to sit as juror or give evidence in any court of justice, unless specially restored to the rights and immunities of citizenship, by a public act of the Governor and Council, after having given sufficient evidence of repentance and reformation.

Sec. 6. Be it further Enacted: That any person or persons punished by fines in any of the courts, and put to public labor to satisfy said fine and costs, shall be allowed the sum of six dollars per month; provided if he be a native he shall be allowed three dollars per month, until said fine and costs be satisfied.

Sec. 7. Be it further Enacted: That all persons convicted of any crime punishable by imprisonment and hard labor on the public works, may at the discretion of the court, be ordered to be hired out by the Sheriff of the County, publicly before the door of the court house, on the first Monday after the adjournment of the said court, to the highest bidder, for the term of his or her sentence, on the consideration the said prisoner shall not be allowed to go at large in the street, without being secured by a chain.

Sec. 8. Be it further Enacted: That any person suffering a prisoner, that may be in his or her possession for the time of such prisoner’s serving, to go at large in the streets without being secured by a chain, of sufficient strength to keep the prisoner, he or she shall be subjected to a fine of not less than ten nor more than fifty dollars, at the discretion of the court. And further it shall be the duty of sheriffs and constables to arrest all culprits that may be seen at large in the streets, and to enter prosecution against the person or persons in whose charge such prisoners were. And should any sheriff or constable neglect or refuse so to do, he or they shall be subjected to a fine not exceeding fifty dollars.

An Act Concerning Bastardy.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That if any woman shall be delivered of a bastard child, that shall be or is likely to become chargeable to the public, and shall upon examination to be taken in writing upon oath, before any Justice of the Peace in the place, charge any person with being the father of the child, any Justice of the Peace in the place where the person charged is a resident or inhabitant, on application of any citizen of a place wherein such child be born, may issue a warrant to apprehend and bring the person so charged before him, or any other Justice, and such Justice shall commit him to jail, unless he shall enter into bonds with sufficient security in a sum of not less than fifty dollars, for his appearance at the Court of Quarter Sessions and abide the order thereof: And if the court upon the circumstances, shall adjudge the person so charged to be the father, and that the child is likely to become chargeable to the public, they may provide for its maintenance, by charging the father with the payment of not less than one dollar per week, payable monthly into the hands of the Treasurer of the Colony, to com- tine while such child is likely to become chargeable to the public; and the father shall enter into recognizance with sufficient surety before the court, payable to the acting Governor and his successor in office, to perform such orders of the court. And if the father shall make default in the payment of such money for six months, or refuse to give such bond, the court shall give judgment and execution, and the sheriff shall proceed to the collection of all such sums as may be due from time to time by the father, his executors or administrators.

Sec. 2. And be it further Enacted: That if any woman after having been summoned before any Justice of the Peace, should refuse to swear to the parentage of the child, and the child is likely to become chargeable to the public, the court may order the said woman to be hired out from time to time, as long as said child may be likely to become chargeable to the public: Nevertheless, the mother of a bastard child may give good bonds with surety to be approved by the Governor and court of sessions, for the maintainance of the child.

An Act to prevent corruption and fraud in elections.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That any person or persons who shall be convicted of changing or of causing to be changed, by fraudulent or deceptive means any ticket or tickets in the ballot box, shall for every such offence forfeit and pay a sum of fifty dollars.

Sec. 2. Be it further Enacted: That any candidate for public office who shall either by himself or by others for him, give or cause to be given any

bribe or reward, treat with meat, drink or entertainment, any elector to gain his vote, or use any other corrupt, immoral, or illegal practice to obtain his election, shall for every such offence, on conviction, forfeit his election, and moreover pay a sum of two hundred dollars.

Sec. 3. Be it further Enacted: That any elector who shall receive any bribe or reward, treat or entertainment of meat or drink, promise or security, for his vote, shall, on conviction thereof, forfeit and pay a sum of fifty dollars.

Sec. 4. And be it further Enacted: That any judge of an election who shall knowingly receive an illegal vote, or shall be guilty of any partiality or unfairness in conducting an election, shall, on conviction, forfeit and pay a sum of one hundred dollars.

An Act for the trial of officers.

Sec. 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That all officers named in the eleventh section of the act incorporating, bounding, and regulating counties and towns, shall be liable to be presented by the Grand Jury, in the Court of Quarter Sessions, or in the Superior Court, for all misdemeanors in office.

Sec. 2. Be it further Enacted: That any one officer, or any number of officers, may be tried by either of the above named courts, and on conviction may be punished as for other misdemeanors.

Sec. 3. Be it further Enacted: That the members of the Council and all elective officers, for whose trial no provision is made, shall be tried by the Court of Quarter Sessions for the county in which they may reside, and on conviction, be removed from office, besides being liable to such pains and penalties as said court may impose.

Sec. 4. Be it further Enacted: That the rules of evidence and proceedings shall be the same as in other criminal cases.

Sec. 5. Be it further Enacted: That the Register and Clerks of the Courts may be presented and tried in any county of the Commonwealth, in which they may have been commissioned, and the Sheriff in the county from which he may have been commissioned; but shall not be tried in any other county.

Sec. 6. And be it further Enacted: That no person or persons shall be convicted for high crimes and misdemeanors, unless by the testimony of two witnesses to the same overt act.

An Act to Regulate the Duties and Fees of Public Officers.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That all public officers who are required by law to perform certain duties, and whose fees are not fixed, shall be entitled to the following rates of compensation;—And it shall be the duty of the Clerks of the Superior and County Courts to keep a copy of this act posted in their respective offices.

Sec. 2. And be it further Enacted: That the salaries, fees and perquisites of all public officers shall be fixed and determined by the Governor and Council, in such manner as they may deem best for the interest of the Commonwealth.

Sec. 3. And be it further Enacted: That the rates allowed shall not be increased or diminished, except by a vote of the Legislative Council.

Sec. 4. And be it further Enacted: That the official oath required of all officers shall be taken by them before they enter on the discharge of their duties, and be returned to the Governor with their bonds and letters of appointment.

Sec. 5. And be it further Enacted: That the fees and salaries of the respective officers shall be in the currency of the Commonwealth.

Sec. 6. Be it further Enacted: That the following rates and fees shall be allowed the officers named herein, and that it shall be the duty of the Clerks of the Superior and County Courts, to keep a copy of this Act posted in their offices.

The Clerks of the County, Superior, and Supreme Courts, shall receive

For every recognizance, 20 “Reference or continuance of cause, 25 “Judgment, 50 “Docketing a case 1 00 “Every summons 25 “Subpena for each witness 25 “Venire, 1 00 “Execution or order of sale, 50 “Bill of costs, 50 “Swearing jury, 25 “Witness, 06 1- 4 “Copy of record, every 90 words, 05 “Will, 05 “Proving, recording and filing inventory, account of sales, or accounts current of Executors, Administrators or guardians, if the estate be under $200,$If above \ $200$ and under $1000,$ 1000,Noting probate of will, qualifying Executors, making certificates &c. 75 “Letters of administration, swearing, taking bond &c., 75 “Marriage license and bond, 75 “Every search out of court 10 “Proving and noting acknowledgement of conveyance of land or estates—certifying the same, and order of registration, 20 “Every commission to take testimony, 25

Attendance at court,

Attendance at court,

The Sheriff shall receive

For every arrest, 75

Bail or replevin bond, 25

Service of subpoena with copy of petition, 50

Of notice to arbitrators, referees or commissioners

to take an account, 25

Every sacrifices, 50

Summoning guardian to renew bond, 50

Serving subpoena for one person, 25

Each other person named therein, 05

Every commitment 25

Release, 25

Each criminal in jail per day, 25

Every notice to take deposition, 25

Summoning jurors to court, 37 1- 2

Empaneling jury in each case, 10

Tales men, each juror, 10

Serving writ of Habeas corpus, per diem, 1 00

Selling estate of intestates per centum, 06 1- 4

Executing warrant of distress, or an execution against the body per centum, 06 1- 4

All monies collected by virtue of levy, per centum, or paid by defendant to plaintiff while the execution is in the sheriff’s hands, 06 1- 4

Every writ of possession, 1 00

Levy by virtue of execution or attachment 75

Further trouble by moving goods to be assessed by court, 10 00

Execution and decent burial of any criminal, 1 00

Apprehending any criminal, 1 00

Like services in equity, the like fees, 10

Travelling expenses per mile, 10

And in all cases where no fee is allowed the sheriff, he shall when engaged for the Commonwealth, receive per diem, 1 50

per diem, 1 50

That the Coroner’s fees shall be

For holding every inquest 2 00

Inhering deceased person, if paid by the estate 10 00

” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” “

Other services, like fees as the sheriff, 6 00

14

Custables shall receive

For a tending Quarterly and Superior Courts, per day, 1 00 ” Serving warrantssummons, or subpoena, 25 ” Each additional copy 05 ” Execution and levy, 50 ” Attachment, levy and advertisement, 25 ” Every bail bond, 10 ” Serving notice on person failing to render account of taxables 20 ” Attending each trial in Justice’s Court, 25 ” Monies collected per centum, 05

Attorneys fees shall be

For every suit in equity, 10 00 ” 5 00 ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 2 00 ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 2 0 0 ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 4 00

Clerks and Masters in Equity may receive,

For report on an answer 25 On plea or demurrer and answer 50 For an affidavit, 10 ” Copying report, every 90 words, 20 ” of proceeding and exemplification 20 ” Taking bond, 10 ” Subpoena, writ or other process, 1 00 ” Every commission 50 ” Drawing decree per sheet 25 ” Executing bill or answer, 20 ” Entering plea on demurer, 20 ” Recording deposition to perpetuate testimony, 20 ” Every dismission, 20 ” Search, 10 ” Taking security in leading process, 20 ” Recording bond, 20 ” Seal of Court, &c., 25 That the Register shall receive

That the Register shall receive

For registering a grant or deed for one tract, 50 ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 10 ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 50 ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 10 ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 50 ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 10

Magistrates shall receive

For issuing warrant, subpoena or execution,

” Every additional name in subpoena

” Swearing witness,

” Recording judgment,

” Taking written affidavit

1 00 Jurors shall receive 12 1- 2 Grand Jurors per day, 50 C. roner’s Jury 25 Travelling expenses per mile 10 Witness shall receive 12 1- 2 All other courts, 50 For travelling expenses per mile, 10 Surveyors shall receive per day, 2 50 For travelling expenses, mile, 10 Committees, Appraisers, Assessors and Overseers, shall receive per day, 1 00 For travelling expenses per mile, 10 Judges and Clerks of election per day, 1 00 Clerks of Courts Martial shall be paid out of fines accruing from the military, per day, 1 00 Judges of the Superior Courts per term 37 50 For travelling expenses per mile, 10 Notaries Public for every protest of bill of exchange, or prom isory note or any other protest with seal of office, &c, all services, 1 00 The Marshall for all services, shall receive per day, 3 00 The Collector of Customs for Grand Bassa County, on all mo nies received and paid into the Treasurer’s hands shall receive a per centum, 12 The Collector for Monsterrado County, 10 The Treasurer in each county 04 In all Commonwealth cases- Clerks, Sheriffs, Constables and Magistrates shall be entitled to half the amount of fees allowed in civil suits, to be paid by the Commonwealth, or the defendant as the prosecution may eventuate.

Sec. 2. And be it further Enacted:- That in all suits hereafter tried and dis posed of either in the County or Superior Courts, the party convicted or failing in the action, shall pay a tax fee of one dollar- which shall be collected by the Clerk, and paid over to the County Treasurer within thirty days after the same shall have been received by him.

An Act to regulate trade and commerce.

Section 1. Be it Enacted by the Governor and Council in Legislature As- semble, and it is hereby enacted by the authority of the same- That the law- ful Commerce of all nations, transacting warmly their business, and observing the rules and regulations and down for their government shall be on equal footing in these countries and emitted alike to all the advanta es thereof. Bu no trading establishments whatever or establishments, for the purposes of trade shall be formed on the coast within the jurisdiction of this Commonwealth, by any foreigner under the penalty of the seizure of his person and the confiscation of his goods. Nor shall any foreign vessel traffic within the limits of the same except at ports of entry, under the penalties set forth in the regulations of such port of entry.

Sec. 2. Be it further Enacted: That no foreigner shall have the privilege of trading with another foreigner, citizen, or native within the limits of the colony, or at ports of entry, without the intervention of a Commission Merchant of the Colony- excepting, nevertheless such articles of provision and tacking as may be wanted for ship’s use, which may be purchased under the inspection of the Collector or his Deputy, so as to secure the duties. Any violation of the above, shall be punished by fine for the first offence, of one hundred dollars, and the second offence, double the amount- one half to go to the informer.

Sec. 3. Be it further Enacted: That no vessel not immediately owned by the citizens of the colony, shall be allowed to anchor in any of the ports or harbors of the colony, without paying the regular anchorage and light duties: And the masters of all vessels requiring the protection of Fort Norris Battery against any piratical or suspected vessel actually in sight, or believed to be hovering in the offing- also all masters of vessels through whose fault it shall become necessary to man the battery for their detention- shall pay one dollar an hour for every hour the battery shall be actually manned for such detention or defence.

Sec. 4. Be it further Enacted: That all foreign vessels shall be compelled either to deposit their papers in the office of the Collector, or, if that be deemed unsafe, give bond or deposite with him property, to the amount of one hundred dollars as security for the payment of his dues: And further, that all vessels before sailing from these colonies, shall receive a clearance from the Collector of Customs, the master or owner thereof paying for the same, the sum of twenty- five cents- which clearance shall entitle the master of any foreign vessel to retake his papers or bond or property deposited as before required.

Sec. 5. Be it further Enacted: That no Captain or Supercargo of any vessel, shall take away any missionary, native, citizen, or other resident of this Colony, without a passport to be granted by the Secretary, under the penalty for each and every offence of one hundred dollars. Provided always this shall not apply to vessels carrying persons to any of the American settlements.

Sec. 6. Be it further Enacted: That it shall not be lawful for the master or other person to land any goods from on board any boat or vessel without a permit, special or general; and any permit shall be valid only so long as the vessel shall remain in harbor- any vessel having left the harbor shall procure a permit to land any portion of her cargo on her return, and all articles

landed without such permit shall be seized and disposed of in the same manner as is provided in case of goods landed without permit in the 11th section of this act.

Sec. 7. Be it further Enacted: That the master, supercargo, or his consignee shall be bound to exhibit the invoice of all goods on board any vessel that may arrive, to the Collector of Customs, who shall have a right to take a copy for his own government.

Sec. 8. Be it further Enacted: That the rates of tonnage, measurement, and an account of the amount of duties to be collected, shall be fixed and determined by the Governor and Council, in such manner as they may deem best for the interest of the Commonwealth.

Sec. 9. Be it further Enacted: That the rates thus fixed and determined, shall not be increased or diminished during the recess of the Legislature.

Sec. 10. Be it further Enacted: That the Collector of the port, for the time being, shall have power to grant a permit or permits, special or general, to any merchant or individual for the landing of their goods: For each special permit he shall be entitled to receive fifty cents; For each general permit, he shall receive two dollars: And the master of the vessel shall pay twenty-five cents for the permit to land, which permit shall be returned to the Collector’s office when the vessel clears.

Sec. 11. Be it further Enacted: That the Collector, or in his absence the deputy, shall attend the landing of all goods from on board any vessel, for the purpose of ascertaining the quantity and quality of the said goods: And if any master or owner of any vessel, after having received a permit as above, shall proceed to land or discharge any part or portion of his cargo not enumerated in his permit, he shall for every such offence, on conviction thereof before the Court of Quarter Sessions, be fined in a sum not exceeding forty dollars nor less than twenty:—and all goods or merchandise thus landed, on which there is a revenue duty to be collected—shall be seized and disposed of by the Collector at public sale—the proceeds of which shall go to the use of the commonwealth, reserving to the Collector or any person making such seizure, a commission of 50 per cent for his services. And further, That if any master or owner shall refuse or neglect to pay the amount of duties, fees, &c. accruing on his vessel’s cargo, he shall be precluded from receiving a clearance.

Sec. 12. Be it further Enacted:—That it shall be the duty of the Collector to board every vessel anchoring in our ports, before such vessel has had any communication with the shore, and on failure thereof shall pay the sum of toll dollars.—It shall be his duty to furnish the master, or commander of a vessel with a copy of the port regulations:—for every neglect whereof he shall pay the sum of five dollars.—He shall suffer no vessel to unload any part of her cargo without a permit, under the penalty of twenty- five dollars.—He shall also inspect all boats coming from foreign vessels or otherwise, and all goods landed from such boats or vessels which are not enumerated in a permit, shall be seized He shall keep in a book to be provided for that purpose, an accurate account of all the arrivals and departures of vessels, and of all passengers coming to or going from these ports, and the exports, and imports shipped away or received. It shall also be his duty to enforce the collection of duties before the departure of any vessel from which any sums may be claimed, and for every neglect he shall forfeit and pay the sum of fifty dollars.—He shall make a full return of all the matters and things connected with his office at the close of each quarter, and pay over to the Treasurer, all and whatever monies may have come into his hands—and in case of failing to make a report, shall forfeit and pay the sum of ten dollars. And on failing to pay over the amount collected, the sum of one hundred dollars.

Sec. 13. Be it further Enacted:—That on all ardent spirits, wines and cordials landed in any part of the colony, there shall be collected a duty of twenty- five cents per gallon—and all such articles shall be landed under the immediate observation of the Collector, and by him be gauged or the quantity otherwise ascertained on the spot, and the amount of duties thereon be paid before it is removed from the place of landing, and on failure in either of these particulars the articles aforesaid shall be forfeited to the commonwealth. And there shall be collected a duty of five per cent advalorem upon all goods, wares and merchandise, (other than those above enumerated) brought into the colony, excepting goods and merchandise brought in by the missionaries for their private use. The advalorem duty in all direct importations shall be assessed on the cost of goods—but in the sale of transient traders, the commission merchant’s account shall be assumed as the valorem, and the duties computed according to it.

Sec. 14. Be it further Enacted:—That each commission merchant, shall pay a Tax of twenty- five dollars per annum; and each retailer shall pay twelve dollars per annum—and it shall not be lawful for any colonist, or other person within the colony, to sell or barter any goods, merchandise, or vendible property, or transact commercial business for any foreign importer, merchant, master, supercargo or owner, on commission without first having obtained a commission merchants license, nor shall any licensed commission

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merchant, as such, either by himself or another, deal, transact or barter, other than in the legal wholesale way- nor shall any commission merchant as such sell or barter any goods wholly or in part, the property of any foreigner, to or with the native inhabitants within the limits of the colony. Nor shall any commission merchant hold goods, wares or merchandise received from foreigners, at other than the rates or prices thereon affixed by the consignor- nor shall he advance upon the prices so affixed without written instructions to that effect, under a penalty of indictment and a fine of one hundred dollars, for every offense under this section: one half to the use of the commonwealth, the other half to the informer.

Sec. 15. And be it further Enacted: That no citizen or alien resident in this Colony, shall trade or traffic with the natives of this country out of the bounds of the town wherein he resides, under the penalty of confiscation of every and all the articles of trade, produce, or cattle employed in the transaction. For every second offence he shall be fined in addition in the sum of one hundred dollars and costs- and if he be unable to pay he shall be sentenced to hard- labor six months on the public works. And for any resistance to the infliction in this section he shall be liable to indictment for misdemeanor and punished by confinement and hard labor on the public works six months. Provided always that the citizens of this commonwealth shall be allowed to establish factories on the sea board any where within the jurisdiction of this colony by paying an annual license of twenty- five dollars.

Sec. 16. Be it further Enacted: That no person or persons whatsoever, shall trade or traffic by buying or selling merchandise for gain within the colony, except those who have obtained a license as by law required. And further that all trade shall be carried on and calculations made in the currency of the colony, for every transgression of this last clause the offender shall be fined in the sum of one dollar with costs at the suit of the Commonwealth before any Justice of the Peace.

Sec. 17. Be it further Enacted: That no person shall sell ardent spirits, wines, or cordials without having first obtained a special license for which he shall pay the sum of twenty five dollars, said license to be renewed on the 1st January in each year. And further that the penalty for selling ardent spirits without license in this commonwealth shall be one hundred dollars to be recovered by action of misdemeanor in any court of this commonwealth having competent jurisdiction, one half to the use of the informer and the other half to the use of the commonwealth.

Sec. 18. Be it further Enacted: That it shall be the duty of those who are, or may hereafter be engaged in the sale or trade of spirituals liquors, to have their shops distinguished by a sign board on which the name or names of the owners shall be printed in large capitals, underneath which their special business shall be designated, thus, “A. B. SELLS RUM” and on failing thus to distinguish himself or themselves, he or they shall orient and pay the sum of one hundred dollars recoverable in any court of competent jurisdiction, to be collected as often as the offender is admonished by any officer of government, and fails to comply with the above requisition.

Sec. 19. Be it further Enacted: That any person wishing to carry on the business of Auctioneer shall pay annually to the commonwealth the sum

25

of five dollars;and further that there shall be paid on all auction sales the sum of one and a half per centum to be called auction duty, said duty shall be collected quarterly by the sheriff or his deputy and deposited by him in the treasury, on which he shall be allowed the legal per centage for monies collected by him;and for the safe collection of said duty, shall be empowered to use the means allowed for the collection of other monies.- Nevertheless the tax above shall not be construed to extend to the sales of estates made by executors or administrators.

Sec.20. Be it further Enacted:That the method of obtaining all licenses, for which payment is made to the commonwealth, shall be by presenting to the County Court during its session the Treasurer’s receipt, whereupon the court shall order the clerk to grant the license applied and paid for: And all licenses shall be granted for one year to expire on the 31st December. Provided should any person apply for license or licenses after the commencement of the fiscal year, which is understood to commence the first day of January- said person or persons so applying shall be compelled to pay only in a just ratio of the unexpired term of one year- and provided further that any and all persons may obtain license to trade in one or as many places as he or they may choose, but he or they shall have no more than one place of trade in each township or only so many as he or they shall have received license to keep, under the penalty attached to trading without license.

Sec.21. Be it further Enacted:That any person accused of receiving goods in the jurisdiction of this colony, on which tariff duties have not been paid, or in other words of smuggling into these colonies any goods or articles chargeable with duties, shall be subjected to have the said articles seized by the collector, and on conviction thereof the same shall be sold for the benefit of the commonwealth, and he shall also pay four fold the value of the articles so smuggled, or be committed to the common jail, there to be kept in close confinement till the said penalty with all costs of collection shall be paid.

Sec.22. Be it further Enacted:That any person trading or bartering within this commonwealth with the natives or others, in goods, wares, or merchandise on which the regular duties have not been paid, shall on conviction, forfeit and pay the amount of the goods so sold or bartered contrary to law.

Sec.23. Be it further Enacted:That any goods, wares and merchandise, which may be landed according to the requirements of this law from foreign vessels for sale, and shall remain unsold, the captain, supercargo or other officer of such foreign vessel, shall upon obtaining a permit from the Collector of Customs, be allowed to reship such goods, wares, and merchandise on board such foreign vessel from which they were landed free of import duty, as respects all but ardent spirits, wines, and cordials.- Provided if such goods remain more than thirty days the goods shall not be entitled to the aforesaid exemption.

Sec.24. Be it further Enacted:That all goods, wares, and merchandise imported into this colony shall be entitled to draw back when exported: subject, however, to the following provisions: – Said goods, wares, and merchandise must be landed in complete and unbroken packages, and reshipped in the same unbroken packages; – must be exported in the same vessel

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in which they were imported, and in nine months from the date of land ing;—each package shall be marked at the time of landing, and the name of the vessel from which it was landed:—for which the Collector shall receive a compensation of three cents on each package from the owner of said goods. The Captain or Supercargo of the vessel in which said goods may be imported, or the owner of said goods with his factor shall pay the amount of duties on said goods, wares, or merchandise at the time they are landed; or shall execute a bond to the Collector for said duties payable in nine months or whenever said goods are reshipped,—if reshipped in less than nine months; and said goods shall not be considered as reshipped unless they are reshipped under the immediate inspection of the collector or his deputy—The Collector shall keep a true and faithful account of said goods with the marks and the date of landing; and in the event of his resignation shall deliver the account to his successor:—Provided always that no drawback on ardent spirits, wines, and cordials, shall in any case be allowed.

Sec. 25. Be it further Enacted:—That all fines and forfeitures upon civil officers by virtue of this or any other act, when not otherwise specially provided for, shall be collected under the direction of the Executive or other persons appointed by him within twenty days, by a summary process or distress warrant against the person so amerced—and all monies due the commonwealth from other persons, shall be collected by the Sheriff within forty days, and if not then paid, he shall proceed to levy upon and sell as much of the delinquent’s property as will satisfy the demand.

Sec. 26. Be it further Enacted:—That in all cases where a Sheriff or other person charged with the collection of money due the commonwealth, shall fail in accomplishing the same, execution shall be issued against him or them, and his or their securities immediately; and all officers neglecting or refusing to pay over monies collected, on account of the commonwealth, shall be subjected to a summary process, for the recovery of double the amount claimed at their hands, to be levied on any goods and chattles in their possession.

Sec. 27. Be it further Enacted:—That nothing in the preceding sections, shall prevent any laborer or mechanic from being permitted to exchange the products of his labor—or any farmer, the products of his farm, for articles necessary for the consumption of his family, and also for camwood and ivory, provided always such exchanges shall be made at the house of the colonist so making them, or with a merchant at his store.

Sec. 28. And be it further Enacted:—That all and any further regulations necessarily growing out of our maritime regulations, shall be subjected to the control of the Chief Executive of this Commonwealth.

An Act to Regulate proceedings in cases of Wreck &c.

Section 1 Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That whenever boats, goods or property of any kind, having been wrecked or lost, and found, it shall be the duty of the finder, to deliver the same into the custody of the Collector or his Deputy, who shall give notice by public advertisement thereof, for ten days in the neighborhood of those supposed to be concerned, after which

time, aales application be sooner made on the part of the owner or owners of the said property, the Collector shall proceed to sell the same to the highest bidder, and after deducting his commission with the salvage hereinafter specified, shall pay over the balance into the Treasury of this Commonwealth. But should an owner appear to claim the said property, he shall be required to pay a salvage of one fourth the value of the articles so found, to be paid or secured to the finder.

Sec. 2. Be it further Enacted:—That whenever the Collector as aforesaid, and the owner of wrecked or lost property, shall disagree as to the value to be fixed on any article under the circumstances above mentioned, then it shall be the duty of the parties to have recourse to arbitration according to the rules and customs for the government of such proceedings.

Sec. 3. Be it further Enacted:—That upon the decision of the arbitration aforesaid, should the owner or owners be unwilling or fail to secure to those concerned, a ratable proportion of the value so fixed, then he the said Collector, shall proceed to sell the same for ready money to the highest bidder, and after deducting for himself the usual commission of his office, he shall then pay over to the parties concerned, such proportion as shall accrue on the products of the sale.

Sec. 4. Be it further Enacted:—That should any person finding or picking up any wrecked or drifted property, fail or refuse to submit to the proceedings above prescribed, his claim or claims as finder or any other person for him, shall be abrogated—and he shall further be liable to be proceeded against as in cases of felony, and upon conviction shall suffer the same penalties as for any other act of larceny according to the magnitude of the offence.

Sec. 5. And be it further Enacted:—That should the Collector, or his Deputies fail to fulfil the duties resuming upon him in making the proper disposal of effects so coming into his hands, himself or his securities shall pay to the parties aggrieved, double the value of such property.

An Act relating to Treaties.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That in all cases of treaties to be made, of which this Government shall be a party, the Governor may appoint Commissioners, who may be clothed with the necessary power, and held bound to depart in no wise from their instructions. And all treaties, whereof the Commonwealth is one of the contracting parties, shall, from the date of their publication, become laws:—And offenders against their provisions shall be punished in pursuance of judicial sentence.

Sec. 2. And be it further Enacted:—That in all treaties and negotiations with the surrounding Head- men or Chiefs of native tribes for land, the settling of questions of boundary, or for the extension of territory, a fair and complete understanding shall be had and obtained, and proper instruments of writing shall be had and made, fully expressing the whole subject matter of agreement or arrangement made and entered into—the full amount paid as the consideration of any bargain, or for any purchase made, together with the real signatures of all concerned in the transaction:—And no Chiefs or Head- men, the

28 LAWS OF LIBERIA.

proprietors of any lands, shall be by either force or fraud, be brought to accede to measures- nor shall any construction by implication be given to words, or actions be employed to deprive them of their rights in any respect, and more especially with regard to lands, when they signify an unwillingness to deal in the way of pacific negotiation.

An Act relating to Expatriation.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That any person or persons citizens of this Commonwealth, who shall remove to another government or Colony and take the oath of allegiance, shall not be entitled to the privileges of citizens in this- and should such persons again return, they shall not be entitled to the elective franchise, until they have again taken the oath of allegiance to this government and have remained in the colony at least twelve months thereafter,

Sec. 2. And be it further Enacted: That should any person or persons who had left the Colony, again return and refuse to take the oath of allegiance, declaring that he or they had not become citizens of any other Government, and there should be any doubt respecting the fact, said person or persons shall be questioned as to the truth of the same before some Justice of the Peace, and his or their answer in the negative shall be recorded by the Register: And should it be afterwards found that he or they had taken an oath of allegiance to any foreign Government or Colony, all his or their real property in the Commonwealth shall be confiscated, and he or they debarred forever from citizenship therein.

An Act regulating the residence of Native Africans within the Colony.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That all Native Africans who may become residents, or remain within the corporate bounds of the several counties of this Commonwealth- whether adults or minors, shall be compelled to wear clothes under the penalty of being fined in a sum not exceeding five dollars, nor less than one dollar.

Sec. 2. Be it further Enacted: That no native youth under the age of eighteenth years shall be allowed to dwell in the families of colonists, without being bound for a specified term of years, according to the rules prescribed in an Act concerning apprentices.

Sec. 3. Be it further Enacted: That all male natives from the age of 16 years to 60, resident within the several townships, shall be compelled to work the same number of days directed by law for the citizens; they being ordered out at the discretion of the Commissioners.

Sec. 4. And be it further Enacted: That Liberated Africans incorporated in the Colony, and who shall be deemed capable of managing, shall receive small grants of land.

An Act regulating Attorneys.

Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—I had no person shall be allowed to plead implead or prosecute as an attorney before any of our courts but such as shall be regularly licensed, by the courts: and such license may at any time be withdrawn, where any indecorous language is used by the person towards either the court or jury.

The attorney appointed to manage public prosecutions shall maintain the authority of the laws against all: who shall criminally violate them.

That fifteen dollars be paid by each and every attorney for his license, into the public treasury, and fifty cents to the Clerk of the Court for drawing said license, and such license shall be signed by the Judge of the Court and recorded by the Register.

An Act legalizing marriages and legitimating illegitimate children.

Sec. I. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—I had no marriage of consorts or others resident or being in the colony, (matives of the country excepted) shall be lawful without a license previously had from the Clerk of the County Court—and those persons requiring license shall give bond and security in the sum of two hundred dollars that there is no illegal Barrier to their entering into the proposed connexion. The parties to any marriage contrary to this section shall be expelled the colony and the person performing the marriage ceremony for unlicensed parties shall be fined discretionary by the Court of Sessions.

Sec. 2. Be it further Enacted:—That it shall be the duty of all authorized Ministers of the Gospel, Judges and Justices of the Peace who shall hereafter join together any persons in bonds of matrimony, to make a return, of the marriage license, certifying thereon the intermarriage of the parties and the date of the solemnization thereof, to the Clerk of the Court of Quarter Sessions, who shall enter the same in a book kept for that purpose, and for such entry shall be entitled to receive ten cents which shall be paid when such license is granted—and the register of such marriage or a certified copy thereof shall be admitted as evidence of such marriage in any of the courts of this Commonwealth.

Sec. 3. Be it further Enacted:—That all persons who at the time of their arrival in this Commonwealth, shall be living and combating together as husband and wife, shall previous to their admission to the rights and privileges of citizens, be cited by the Clerk of the Court aforesaid to appear and in his presence and the presence of each other, be required solemnly to acknowledge and declare themselves to be bounden and lawful man and wife—and said acknowledgement it shall be the duty of the clerk to record, to remain thereafter full and sufficient evidence of the marriage of the parties therein named.

Sec. 4. Be it further Enacted:—That a certificate of a marriage solemnized by a Minister or other person, according to the laws and usage of

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the state or country from whence the person or persons may have come shall in all cases be deemed sufficient evidence of the marriage of the parties named therein.

Sec. 5. Be it further Enacted:—That no persons who shall be living and cohabiting together in manner aforesaid, and refusing or neglecting to comply with the requisitions of the 2nd or 3d sections of this Act, shall be entitled to draw or hold lands in the colony or ebjoy and exercise any of the rights and privileges of citizens, until or unless, they be solemnized in marriage according to the forms and customs of this Commonwealth.

Sec. 6. And be it further Enacted:—That in all cases when any person or persons may have an illegitimate child or children, and desires to make such child or children legitimate, he or they shall make application to the Court of Probate, and said Court shall order their Clerk to make a record of said application, stating the day and date, the names of the parties making such application and the name of the child or children so legitimated—and the said Clerk shall give the parties a certified copy of said record which shall in all cases be deemed full and sufficient evidence of the legitimacy of such child or children.

An Act requiring the Register of Births and Deaths.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That there be a Town Clerk appointed annually in each town, whose business it shall be to keep a record of the births and deaths of all persons occurring therein, specifying the day of each birth and death, and the names of the persons if known.

Sec. 2. Be it further Enacted:—That parents shall give notice to the clerk of their town, of the births and deaths of their children:—And every householder shall give like notice of every birth and death happening in his or her house:—The oldest person next of kin shall give such notice of the death of his kindred:—And the Sexton of the burial ground in each town shall give notice of the interment of every person and the names of the persons so interred.

Sec. 3. Be it further Enacted:—That the Town Clerk shall make semiannual reports to the Probate Court:—And the Clerk of the Court of Probate and the Town Clerk shall receive each the sum of five cents for every birth or death that they may record, which sum shall be paid out of the County funds.

Sec. 4. And be it further Enacted:—That the Probate Clerk shall make annual returns of all such matters and things as come within the view of this Act, to the Colonial Secretary.

An Act concerning the Census.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That whenever he may deem it necessary, His Excellency the Governor, shall appoint one person in each township to take the census of the inhabitants thereof:—And that per

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sons so appointed shall forthwith render a just and true account and return, shewing

1st. The name of each head of a family, male or female; 2nd. The ages and number in each family, so as to shew, 3rd. All males over 65 years of age; 4th. All females of that age; 5th. All males over 50 and under 65; 6th. All females of same age; 7th. All males over 21 and under 50; 8th. All females of same age; 9th. All males between 16 and 21; 10th. All females of same age; 11th. All males over 12 and under 16; 12th. All females of same age; 13th. All males over 5 and under 12; 14th. All females of same age; 15th. All males over 1 and under 5; 16th. All females of same age; 17th. All males under one year; 18th. All females of same age; 19th. How many of all ages have been born in the Colony; 20th. All idiots, lunatics and decrepit persons; 21st. The number of horses, jacks, mules, or working oxen, belonging to each and every family—the number of spinning wheels—all or any kind of produce they raise, or manufacture for market—and the number of acres of land cultivated by each and every citizen.

Sec. 2. Be it further Enacted:—That the pay allowed shall be according to the numbers returned, at the rate of one dollar for every hundred souls.

And the representation in the Legislative Council shall be in a just ratio of the population of each county in the Commonwealth.

An Act to Regulate the Militia.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That every able-bodied male citizen of this Commonwealth, between the ages of 16 and 50, except those hereinafter enumerated, shall be enrolled in the Militia:—And that every male citizen between the ages aforesaid, shall be considered “able bodied,” unless he shall produce to the Commander of the Regiment a certificate from a Physician of his inability.

Sec. 2. Be it further Enacted:—That the following named persons shall be exempted from doing military duty, except in cases of invasion or insurrection, or when the public exigency shall demand their services.

Judges of the Superior Courts, Members of the Legislative Council, and Ministers of the Gospel, holding a pastoral charge;—and persons regularly employed on board the vessels of this Colony, as seamen or supercargoes:—And whether belonging to volunteer or militia companies, they shall be exempted when actually engaged in their calling, or about to go to sea on the days of muster, except such as belong to volunteer companies:—Provided that

every person so exempted from the performance of military duty, shall pay an annual commutation tax of one dollar—and the persons so exempted shall be entitled to vote in the elections of officers in the companies to which they belong, and also in the election of general and field officers.

Sec. 3. Be it further Enacted:—That the Militia shall be organized into one division, two brigades, and such a number of regiments, batallions, and companies, as the Commander- in- Chief may direct. The division shall be commanded by a General, appointed by the Governor, and holding his commission during good behaviour, unless sooner removed. Each brigade shall be commanded by a Brigadier General, who shall be chosen by the commissioned officers of the brigade. The regiments shall severally be commanded by Colonels, who shall be elected by the commissioned officers of the regiment. The batallions shall be commanded by a Major, who shall be elected by the commissioned officers of the batallion. The companies shall be commanded by a Captain, who shall be elected by the members of the company. The election of General and field officers, shall be held the first Tuesday in January annually; and the company officers shall be elected the first Tuesday in February annually. And all officers so elected, before entering upon the duties of their office, shall appear before some person qualified to administer oaths, and take the oath of office, and also the oaths of allegiance.

Sec. 4. Be it further Enacted:—That no person shall be eligible to serve as a commissioned officer, unless he be able to uniform himself at his own expense, in conformity with the regulations of the Commander- in- Chief. And that all officers, non- commissioned officers, and musicians, shall uniform themselves according to such regulations as may be prescribed by the Commander- in- Chief. The uniform of a private shall be a hunting shirt and pantaloons of strong brown domestic, and a forage cap, or other garment more suitable to the climate.

Sec. 5. Be it further Enacted:—That all fines for non- attendance on parades, and for deficiencies in arms and equipments, shall be collected by the Sheriff of the county, as in cases of other public fines. And the Treasurer shall at the first term of the Court of Quarter Sessions next after their collection, pay over to the Colonel of the regiment, all monies arising from the fines and forfeitures of the militia, to be expended by him in the purchase of arms and equipments, under the direction of the field officers.

Sec. 6. Be it further Enacted:—That the commissioned officers of each battalion shall appoint an Adjutant, and the General of the division shall appoint one Aid- de- Camp; and the Brigadier General of each brigade, shall appoint a Brigade Major, who shall be allowed a salary out of the fines of the militia. The General may also appoint as many Aids as he may deem necessary.

Sec. 7. Be it further Enacted:—That there shall be two regimental parades

during the year, viz: one on the first Saturday in March, and one on the first Saturday in September.- Company parades shall be held on the second Saturday in every second month.

The officers and non- commissioned officers of the staff and line, shall be required to parade for drill and other duty two successive days, preceding each regimental parade, and the whole or any portion of the militia may be ordered on duty at such other times, as the Commander- in- Chief may direct.

Sec. 8. Be if further Enacted: That all general orders shall be issued by the commander- in- chief, through one of his Aids- brigade orders shall be distributed by the Brigade Major, and regimental orders by the Adjutant of each regiment.

The Brigade Major, shall keep a fair transcript of all returns made to him, in a book, and shall file all such returns in his office- and he shall make a full report of the state of arms, and equipments throughout the brigade, within twenty days after each regimental parade, to the Commander- in- Chief.

Sec. 9. Be if further Enacted: That there shall be two Regimental Courts Martial held in each county, within twenty days after the regimental parades. The court shall be composed of the commanders of the regiment, where it is held, and at least four other commissioned officers. This court shall have cognizance of all military offences within its bounds, committed by officers below the rank of Major, and may impose fines and forfeitures incurred at regimental parades, and from this court, appeals may be had to the General Court Martial.

There shall be one General Court Martial held at Monrovia, on the second Wednesday in January, of each year, to be composed of a General and two or more staff officers, which shall have cognizance of all military offences committed by any officer above the rank of captain- and from this court, appeals may be had to the Commander- in- Chief.

Sec. 10. Be if further Enacted: That any private failing to attend parade when properly notified, shall be fined in a sum not less than one and a half nor more than five dollars- for appearing without a gun, not less than twenty- five cents nor more than three dollars, and for any and every other article of arms, or equipment which be shall appear without, not less than twenty- five cents nor more than two dollars.- For every act of disorderly or unsoldierlike conduct, a sum not less than one dollar nor more than ten dollars- and for any act of disobedience or disrespect to officers, not less than two nor more than twenty- five dollars.- Every non- commissioned officer for any of the above offences, shall be fined double the sum imposed upon a private, and also be reduced to the ranks.

Any officer failing to appear on parade at any time when properly warned, shall be fined in a sum not less than three dollars, nor more than twenty dollars, and for failing to uniform himself according to law, shall be fined in a sum not less than ten nor more than fifty dollars, and for any unofficerlike conduct, or disobedience to superiors, may be fined in a sum not less than twenty dollars, nor more than one hundred dollars, and may be further cashed and reduced to the ranks.

Aud it shall be the duty of every staff and field officer, and every comman

34 LAWS OF EIBERIA der of companies, and orderly sergeants to provide themselves with a copy of the most approved work on the tactics and discipline of the United States Army.

Sec. 11. Be it further Enacted: That whenever the militia, or any portion thereof, shall be called into actual service, the pay of a private shall be eight dollars per month, and a daily allowance of one pint and a half of rice, and a half pound of beef or their equivalent in other wholesome provisions: – – Corporals shall receive ten dollars per month, and like rations with a private: – – Sergeants (except the orderly) eleven dollars: – – Orderly Sergeants shall receive fifteen dollars per month: – – Ensigns and Lieutenantants shall receive seventeen dollars per month, and two rations: – – Captains shall receive twenty- two dollars per month, and two rations: – – Majors thirty dollars per month, and three rations: – – Lieutenant Colonels shall receive thirty- five dollars per month, and three rations: – – Colonels thirty eight dollars per month, and three rations.

Brigadier General forty dollars and four rations.

Sec 12. Be it further Enacted: That the general tactics and discipline of the militia- the police and general regulations when in actual service, and the forms of proceedings in court martial, and all forms of military process, order of reports, accounts and returns shall be the same as in the United States service.

An Act establishing an Uniform Currency.

Section I. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That the Engraved Bills of the American Colonization Society, under the control of their Agent, and note other, shall be the currency of this Commonwealth, and that the said Bills shall be at their par- value, a tender in all payments whatsoever.

Sec. 2. Be it further Enacted: That the aforesaid Bills shall at all times be redeemable in Specie, Camwood or Ivory at the following rates: – – Camwood at sixty dollars per ton, or 2240lbs; – – Ivory from one pound to three pounds; fifty cents per pound from three pounds to nine pounds, sixty cents from nine pounds to nineteen and three quarter pounds, seventy five cents and from nineteen and three quarter pounds and upwards, one dollar.

Sec. 3. Be it further Enacted: That all and any Bills whatsoever in calculation issued “after the 21st, day of January 1840, on the Credit of the Commonwealth, of the denomination of Five, Three, Two and one Dollars; Fifty cents, Twenty cents, Ten cents and Five cents, and Redeemable at the Treasury &c,” shall be received in payment for any taxes due to the Commonwealth, or for any debt due to the Colonization Society, or in case they shall not be applied to those purposes, they shall be Redeemable in the notes of the new currency.

Sec. 4. And be it further Enacted: That the above regulations concerning Camwood and Ivory, shall not extend to special contracts or the transaction of business in general, so as to invalidate any contracts or lessen the value of those articles at rates previously obtaining.

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Whereas, it is distinctly and emphatically understood that the American Colonization Society, is the only power having authority through its Board, or the Governor of the Commonwealth of Liberia, to create, regulate, or prescribe a monied currency within said Commonwealth, and its dependencies; Therefore.

Be it Enacted by the Board of Directors of the American Colonization Society: That no individual or association of individuals, under any pretence whatever, shall make or issue any note or notes, drafts, bills, orders or any other evidence of debt, or writing obligatory of any denomination in the nature of a promissory note, intended for circulation, as the representation of money, nor shall any such note, bill, or representation of money be recoverable in Law by any process, before any legal authority whatever. And if any person or persons shall be convicted on information given in due form of law, before any Justice of the Peace in the Commonwealth of Liberia, of making, issuing, or receiving any such note, or evidence of debt as aforesaid, in addition to the costs of suit, they and each of them shall pay a fine of double the amount of said note or notes, or other evidence of debt; one half whereof shall go to the informer, and the other half shall be appropriated to the general Treasury of said Commonwealth.

A true copy from the Records of the Board of Directors of the American Colonization Society.

S. WILKESON, President.

W. McLain, Secretary of the Board.

An Act constituting and regulating a Post Office Department.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That there be a Post Office Department for this Commonwealth; And that the Colonial Secretary be Ex- officio Post Master General.

Sec. 2. Be it further Enacted: That a Post Office be established in each of the towns of Monrovia, Marshall, Bassa Cove, Millsburgh, Caldwell and New- Georgia.

Sec. 3. Be it further Enacted: That there be appointed at each place a Post Master, and that a Carrier or Carriers be employed to convey the Mail, containing such letters, newspapers or pamphlets as may be forwarded therein: And that a fixed rate of postage be established, not exceeding twenty- five cents per hundred miles for each single letter, and a proportionate rate for nearer distances, to be collected by the said Post Masters; monies thus collected shall be applied towards the payment of the expenses of the Department, and the balance of expenses shall be paid out of any money in the Treasury, not otherwise appropriated.

Sec. 4. Be it further Enacted: That the several post masters shall make

36 LAWS OF LIBERIA.

full and accurate returns on the first Tuesday in each month to the Post Master General, of all leiers received at and forwarded from their respective offices, and on the same day (if not otherwise directed) pay over to him all monies in their hands so collected.

Sec. 5. Be it further Enacted—That the several Post Masters, excepting the Post Master General, be allowed fifteen per cent on all monies received by them for postage, as a full compensation for their services.

Sec. 6. Be it further Enacted—That from and after this date, it shall be the duty of the Collector immediately on the arrival of a vessel, to demand all letters, letter packages and papers which she may have brought, and deposit them in the Post Office, and on each letter thus received, two cents shall be paid to the Captain of the vessel, to be collected from those receiving them:—And that it shall not be lawful for carriers to receive letters to be carried outside of the mail within four miles of any post office.

Sec. 7. And be it further Enacted—That the Post Master General shall have all letters hereafter received or sent by him free of postage—as well relating to his office of Colonial Secretary, as Head of this department.

And that the Lieutenant Governor may receive and send all his official letters by the mail free of postage.

An Act to provide and regulate Common Schools.

Section 1. Be it Enacted by the Governor and Council in Legislature Assemblies, and it is hereby enacted by the authority of the same:—That there shall be established in each settlement, and township in this Commonwealth, at least one common school, and that said schools shall be under the entire control of the several school committees, hereinafter ordained, to be elected—who shall make rules for the government of the same,—visit them at least twice in the year, and be authorized to employ an instructor for each school:—Provided always that no one teacher, shall receive for his or her services exceeding four hundred dollars per annum. And provided further that each teacher shall at the end of each school term, furnish the committee a report shewing the state of his or her school, number of scholars and their ages, the time of entrance and by whom entered, and such other matters as may be deemed important.

Sec. 2. Be it further Enacted—That all persons shall be bound by law to send their children between the ages of five and twelve years to school, under the penalty, without excuse, of paying, at the suit of the school committee, the sum of three dollars for the benefit of the school.

Sec. 3. Be it further Enacted—That all monies arising from licenses and unappropriated military and court fines, shall constitute a general fund to be called the school fund, of the counties of Montserrado and Grand Bassa:—And that all monies thus arising, shall be divided among the several towns and villages in a just ratio of their inhabitants.

Sec. 4. Be it further Enacted—That the several towns and villages, shall in their municipal capacity, elect annually a school committee of five persons.

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and ale, be authorized to impose a tax on the male inhabitants over the age of twenty- one years, and all amounts thus or otherwise arising, shall be added to the dividend arising from the general fund, and applied to the sole use of schools.

Sec. 5. Be it further Enacted:—That the School Committee in theseveral towns and villages, shall be empowered to draw quarterly their dividend from the general fund, and apply it with the monies raised by taxes, and the penalties imposed by the second section of this Act, to the erection, purchase, or hire of school houses—payment of teachers, and the purchase of such books as may be necessary for the use of the schools.

Sec. 6. And be it further Enacted:—That the elections for the School Committee shall be called by the several town clerks on the first Tuesday in February annually. The polls to be managed as in other elections, and the same pay allowed the Judges and clerks, which pay shall come out of the general fund.

An Act concerning Apprentices.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That the Probate Court shall and may bind out as an apprentice, every orphan child who has no estate, and every illegitimate or vagrant child till the age of twenty- one years, if a boy, or eighteen years if a girl, to any discreet person applying for or willing to receive such child—who shall covenant to teach him or her some art, trade or business;—also reading, writing and arithmetic, and to pay him or her twelve dollars, at the expiration of the time;—All which with the age of the apprentice, shall be specified in the indenture, which shall be filed in the Clerk’s office of said court, and any parent or guardian may bind his or her child, or ward for the same period above mentioned, on reasonable terms, which terms shall with the apprentice’s age, be specified in the indenture under the hand and seal of the parent or guardian, and the master or mistress. The indenture shall be filed by the master or mistress, in the Clerk’s office aforesaid, within ten days after the execution thereof, under the penalty of twenty dollars, recoverable in an action of debt before the Court of Quarter Sessions. And all such indentures shall remain untransferable, except with the approbation of the said Probate Court.

Sec. 2. Be it further Enacted:—That the Court of Quarter Sessions shall at all times near and determine in a summary way, all complaints of apprentices, against their masters or mistresses, alleging undeserved or immoderate correction, or insufficient allowance of food, clothing, lodging, or instruction—making such order therein as in the judgment of said court will relieve the party injured—or remove any such apprentice, and bind him or her to other master or mistress, when it shall seem necessary—and said court may also hear and determine in like manner, all complaints of masters or mistresses, against their apprentices for misconduct or desertion without good cause.

Sec. 3. Be it further Enacted:—That when the Court of Quarter Sessions is not sitting, any Justice of the Peace on receiving good information of any improper treatment from a master or mistress, to an apprentice shall summon such master or mistress to appear before him, and may require and take up him or her, a recognizance with reasonable and proper security to be forfeited in

38 LAWS OF LISERIA.

case such master or mistress fail to appear at the next Court of Quarter Sessions, to answer and abide the determination of said court, on any complaint of his or her apprentice- Or in default thereof, the said Justice may take away such apprentice, and place him or her under the care of some other proper person, who shall be bound to have the apprentice before the said next court, to abide such determination as shall be made.

Sec. 4. And be it further Enacted: That any person who shall knowingly, harbor or conceal any apprentice, who shall have deserted from his master or mistress- besides being liable to an action for damages, shall forfeit and pay to such master or mistress, two dollars for every day of such concealing or harboring.

An Act to prevent fraud in the Management of Intestate and other Estates.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same: That from and after the passage of this Act, no person or persons shall meddle or interfere with the estate of any person- dying intestate, (except to take true and Correct inventories of all the real and personal estate) unless authorized so to do by the Court of Probate, for the county wherein such intestate resided- and any person so doing shall thereby become liable for the payment of all the debts due by the deceased, and for the respective shares of the natural or legal heirs to such estate.

Sec. 2. And be it further Enacted: That when any person shall die intestate it shall be the duty of the Probate Court, to appoint an administrator or administrators who shall give bond and security in double the estimated value of said intestate’s estate, for the faithful performance of all the duties connected therewith, viz: That he shall make a correct statement of all and singular the property and effects of said deceased: That whatever thereof be perishable, he may sell at auction, after having given notice by advertisement in three of the most public places in the county for the space of twenty days- that such sale may, at the discretion of said administrator or administrators, be made at a credit not to exceed six months, on bond and sufficient sureties for the payment thereof, and that he shall make returns to the next term of the court of this and all other matters and doings connected with said estate. And should it be found that the said deceased was so indebted, as to make it necessary that a further sale of said property should be had, then he shall be ordered by the court to sell any or all of said estate for the payment of such claims: And again should there not alter such further sale be enough to meet all the legal claims- then, and in that case, a pro rata dividend shall be made to all the claimants against said estate.

The compensation allowed such administrator or administrators for his or their services shall be a commission not exceeding five per cent on said estate. Provided always, that when it may be necessary, in the recess of the Court of Probate, the Chairman of the said court may grant letters of administration and orders of sale as above directed to be done by the Court of which he is Chairman.

An Act to constitute a Committee of Finance in each County.

Sec. 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That there shall be three persons appointed in each county yearly, at the first Session of the County Court, to act as a Committee of Finance—of whose names a record shall be made with the other business of said session;—and who for their services, shall be entitled to the same rates of pay as other Commissioners when actually employed in the service of the Commonwealth.

Sec. 2. Be it further Enacted:—That it shall be the duty of said Committee of Finance, to assemble at the court house in each county, at least ten days before the meeting of the Legislative Council, and continue their sitting from day to day until their object is accomplished:—And they shall summon by a notice, to be served by the sheriff, the attendance before them, of all the officers of the Commonwealth (excepting the Governor), through whose agency the fiscal affairs of the Government is conducted, at which call said officers shall be bound to attend, and render a comprehensive statement of such matters and things as are connected with the several trusts committed to them:—And a statement of the financial affairs of each county being thus ascertained, publication thereof by advertisement shall be made in each of the townships in this Commonwealth, so as that the condition of the money affairs of the Colony, shall be thereby made known to the people generally.

Sec. 3. Be it further Enacted:—That should any officer on being cited as aforesaid, fail to attend and render the accounts required of him, he shall forfeit and pay the sum of one hundred dollars, to be recovered in any court of law, having competent jurisdiction of such offences.

Sec. 4. And be it further Enacted:—That the report of the Committee aforesaid shall be evidence in all cases of settlement, with the officers of the Commonwealth:—And in case of their failing to make one within the time prescribed by law, they shall be fined in a sum not exceeding fifty dollars.

An Act to provide for the Support and Employment of the Poor.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That the support and maintenance of aged widows, destitute orphans, poor persons and invalid poor, shall be born by this Commonwealth, out of any money in the Treasury not otherwise appropriated.

Sec. 2. Be it further Enacted:—That manual and mechanic labor asylums shall be provided for such classes of individuals as are (whether colonist or native,) named in the first section, in each of the counties of the Commonwealth:—And that a Superintendent be appointed by the Governor and Council, whose business it shall be to superintendent and manage the operative concerns of the said institution.

Sec. 3. Be it further Enacted:—That all male inmates of these asylums not disabled from disease or otherwise, shall be employed in the cultivation of a farm, which will be connected with the establishment, and the profit arising therefrom shall go to the use of the institution, and any surplus shall be paid

into the Commonwealth Treasury: Any tracts of land not otherwise appropriated, may be used for the establishment.

Sec. 4. Be it further Enacted: That a number of cards, wheels, looms, knitting and sewing needles, shall be provided for the use of all females who reside in the asylum, so that they may be employed in carding, spinning, weaving, knitting and sewing: And to the end that there be no idlers about the institution: The requisite quantum of wool, cotton, flax, hemp, and such other materials as may be manufactured into useful articles for the convenience of the country, shall be kept constantly on hand.

Sec. 5. Be it further Enacted: That there shall be a regular Teacher employed to take charge of a school attached to the asylum, whose business shall be to instruct the youths belonging to the institution in all the branches of a common English education.

Sec. 6. Be it further Enacted: That for the improvement of the youth of this institution, Carpenters, Rope- makers, Blacksmiths, and such other mechanics as the improving state of the Colony may demand, shall be employed in and about the establishment, for the purpose of instructing the youth in these several branches.

Sec. 7. Be it further Enacted: That the poor of this Commonwealth, shall not be allowed to wander about from one settlement to the other, but shall be taken by the officers appointed for that purpose, and placed under the care of the superintendent of the asylum.

Sec. 8. Be it further Enacted: That a Board of twelve Commissioners shall be appointed by the Governor and Council annually, seven for the county of Montserrado, and five for the county of Grand Bassa. This board shall regularly inspect these institutions, and make semiannual reports to the Governor and Council, of the condition thereof, the health of the inmates and their improvement in moral education, and the mechanic arts—whether they are properly fed and clothed—what the state of discipline—the receipts and expenditures of the asylum—and suggest any plan of improvement they may deem expedient. The board shall include also in their reports, the number of pauper—invalid—aged widows, and destitute orphans, in their respective counties.

Sec. 9. And be it further Enacted: That there shall be kept, a record of the names of the inmates of each asylum, by the superintendent—which record shall be handed to the Commissioners, in time to be included in their reports to the Governor and Council.

An Act for the Relief of Farmers.

Section 1. Be it Enacted by the Governor and Council in Legislative Assembled, and it is hereby enacted by the authority of the same: That by application of any person whose business is exclusively that of farming, made either to the Governor, or to any agent by him appointed—on the production of a certificate to that effect, from the Agricultural Committee of this Commonwealth, and on such bond and personal security as shall be required, made payable to the Treasurer of this Commonwealth—he shall have loaned to him at the lawful rate of interest in these colonies, the sum of five dollars an acre for each and

every acre of ground cultivated by him, not exceeding five acres in all: Provided that such applicant shall have cultivated his land in a workmanlike manner, erected at least a comfortable dwelling for the accommodation of his family, and received his patent deed from the proper authorities.

Sec. 2. Be it further Enacted: That the aggregate sum to be loaned in each county, as above, shall not exceed three thousand dollars; and that the money to be loaned shall be taken from any funds in the Treasury not otherwise appropriated.

Sec. 3. Be it further Enacted: That the loan above specified shall be made under the direction and control of the County Commissioners, who shall also fix the times of payment, and of the redemption of the loan, with the interest thereon.

Sec. 4. And be it further Enacted: That all money or property belonging to the Commonwealth, which may be lost by the insolvency of individuals, shall be charged to the Committee making the loan; unless the Committee can show that the loss was unavoidable.

An Act to incorporate the Agriculture and Horticultural Society of Monrovia.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That John N. Lewis, Vice- Agent, John C. Johnson, Samuel M. Johnson, James B. Dunlap, Philip Coker, John Day, Joseph S. H. Sibley, John H. Ellsworth, Robert Brown, Joseph S. Williams, Samuel A. Day, and all persons who now are or who may hereafter become associated with them, are hereby constituted a body corporate by the name of the Agriculture and Horticultural Society of Monrovia, and by that name and style, be capable of purchasing, holding, and conveying real estate for the use of said corporation:—But the annual income of the real estate held by them, shall not exceed the sum of four thousand dollars.

Sec. 2. Be it further Enacted:—That the object of said corporation shall be, to encourage, promote, improve, and extend in the Commonwealth of Liberia, the knowledge and practice of agriculture, gardening, and horticulture, in all their various branches, and to give interest and value to the production of the farmer, the gardener, and the horticulturist.

Sec. 3. Be it further Enacted:—That the management of the affairs of said corporation, shall be vested in a standing committee, and an agent to be elected annually on the second Thursday in January, in the town of Monrovia.

Sec. 4. Be it further Enacted:—That the persons named in the first section of this Act, shall be the first Board of Managers of said corporation, and shall hold their office until the next annual election, or until others shall be elected in their place.

Sec. 5. Be it further Enacted:—That the said corporation shall possess the general powers, and be subject to the liabilities imposed on similar institutions in the United States.

Sec. 6. And be it further Enacted:—That the Legislature may at any time alter or repeal this Act.

An Act to incorporate the Union Sisters of Charity of Monrovia.

Section 1. Be it Enacted by the Governor and Council in Legislature Assembled, and it is hereby enacted by the authority of the same:—That Mary L. Johnson, Rebecca M. Harris, Elizabeth Ciples, Marinda Cooper, Rachel Eden, Harriet Eden, Mary Hunter, and all persons who now are, or who hereafter may become associated with them, are hereby constituted a body corporate by the name of the Union Sisters of Charity, and by that name and style, be capable of purchasing, holding, and conveying such real estate as the purposes of the corporation shall require:—But the annual income of the real estate to be held by them, shall not exceed the sum of three thousand dollars.

Sec. 2. Be it further Enacted:—That the object of the said corporation, shall be to assist to the utmost of their ability, all subjects of charity, by helping the widow, and relieving the orphan and needy, clothe, feed, educate, and otherwise provide for such as the corporation may from time to time be enabled to take under its patronage.

Sec. 3. Be it further Enacted:—That the management and disposition of the affairs of the said corporation, shall be vested in a standing committee, and an agent to be elected annually, on the third day of November, in the town of Monrovia.

Sec. 4. Be it further Enacted:—That the persons named in the first section of this Act, shall be the first Board of Managers of such corporation, and shall hold their office until the next annual election, or until others shall be elected in their place.

Sec. 5. Be it further Enacted:—That said corporation shall possess the general powers, and be subject to the liabilities imposed on similar institutions in the United States.

Sec. 6. And be it further Enacted:—That the Legislature may at any time alter or repeal this Act.

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