STATUTE LAWS OF 474 THE COMMONWEALTH OF LIBERIA, AND PLAN OF CIVIL GOVERNMENT.
2 No person is to reside on the lands of the Colony without permission of the Colonization Society, or their Agent. A good character for industry and morals are prerequisite qualifications for citizenship and residence in the Colony. Passed, August 19th, 1827.
EXPLUSION from the Colony may take place on conviction for offence directly affecting the peace and good government of the same, and when ordered by the Society, in punishment of any misdemeanor, in their judgment deserving that penalty.
The property of exiles to pass to their next heirs resident in the Colony. In all cases of banishment, where the banished person has no heir in the Colony, the lands held by him shall revert to the Colony.
Passed, August 19th, 1824.
ALL persons are permitted to dispose of property by will. The estates of intestates to be committed, with letters of administration, to administrators. Passed, August 19th, 1824.
In all lands appropriated to settlers, every third lot shall, when practicable, be reserved for public uses. Passed, August 19th, 1824.
No persons shall own lands who do not reside in the Colony, and cultivate at least two acres, or carry on, with consent of the Agent, some mechanical trade; and build a substantial house on his town lot, within two years from the time when the lands shall have been laid off to him. Passed, August 19th, 1827.
A HOUSE, to answer the requisition “substantial,” in the preceding section, must be, first, of sufficient size to accommodate all the family of the proprietor; and, secondly, built of stone, brick, or other substantial materials and workmanship, or of frame, or logs, weatherboarded, and roofed with tile, slate or shingles. Passed, August 19th, 1824.
ALL settlers, on their arrival, shall draw town lots or plantations, for which the Agent is to give them a certificate, specifying their number and the time of drawing. If, within two years from that date, two acres of land on the plantation shall have been brought under cultivation, the town lot cleared and inelosed, and a legal house built, the said certificates may be exchanged for tile deeds of such lands, to be held, thereafter, in fee. Passed, August 19th, 1824.
A single justice of the peace may issue any writs in a civil or criminal process, within the jurisdiction of justice’s courts; and may try and give judgment in any civil actions within the same: but, for the trial of criminal processes, he shall associate with himself one or more justices of the Colony.
Process shall not issue against a freeholder, or colonist owning lands in fee, except by summons, in any civil action, unless the party applying for the same affirm that he believes to be in danger of losing a just claim unless he proceed by a warrant.
A warrant is made returnable immediately; and execution pursuant of a judgment in such an action is immediately to issue; and the officer is bound to raise and pay over the money on such execution within thirty days.
A summons cannot be made returnable in less than three days, and must always be served on the defendant at least three days before the time of trial. An execution cannot issue in this process in less than thirty days after judgment given.
Criminal arrests are to be made under the authority of warranty.
Subpoenas for the summoning of witnesses are of two kinds: The first, when the process is by summons, shall give the witnesses 24 hours’ notice. The last, when the process is by warrant—when issued by the court actually sitting on the cause, and when issued for the examination or trials of parties arraigned on criminal charges—shall compel the instant attendance of the party subpoenaed.
No marriage of colonists, or others resident or being in the Colony, (natives of the country excepted,) shall be lawful without a license previously had, authorizing the same, from under the hand of the clerk of the County Court; and those persons requiring license shall give bond and security in the sum of 200 that there be no illegality in forming that connexion.
The parties to such illegal marriage shall be expelled the Colony; and persons performing the marriage service for unlicensed parties shall be fined, discretionary by the Court of Sessions.
Passed, October 24th, 1827.
The owners of all decked crafts belonging to the Colony shall not sail the same outside of the rivers, without providing them with a Colonial flag broad pennant, and a sailing license from under the hand and seal of
the Agent; under penalty of paying one dollar a ton for every ton which such craft shall measure, for each unlawful trip.
Passed, October 24th, 1827.
ALL treaties, whereof the Government of the Colony is one of the contracting parties, shall, from the date of their publication, become laws in the Colony. Offenders against their provisions to be punished in pursuance of judicial sentence. Passed, October 24th, 1827.
EVERY proprietor of plantation lands is required to erect, and keep erected, at the angles of the same, posts 6 inches square at top, to stand 2 feet above ground, and be planted 18 inches deep. Penalty one dollar for each post not so erected, to any person suing for the same.
Passed, September, 1824.
THE seller of plank, clap- boards, and shingles, in the Colony, shall cause the same to be measured and inspected by the lawful measurer and inspector, if thereto required by the buyer, under penalty of forfeiting triple the amount of the inspection or measurement fee.
Passed, September, 1824.
ALL authentic projections of land- surveys, in and for the Colony, constructed by, or under the immediate direction of the Agent, whether entered or not in the records of the Colony, comprehending the explanations, numbers, and every other part essential to the same, shall have the authority of law in determining questions of boundary, situation, and quantity, arising about the said lands. Passed, October 24th, 1827.
AN ORDINANCE regulating the intercourse and trade of Foreigners with Liberia.
Be it ordained by the Agent and Council—1. That the master or super- cargo of every merchant vessel arriving in the jurisdiction of the Colony, shall, on landing, be furnished by the officer of the port with a copy of all the port regulations of the Colony; and, previously to entering upon any commercial transactions, shall, by the said officer, be reported to the Governor, or, in his absence, to the Lieutenant- Governor.
Passed, November 26th, 1825.
AN ORDINANCE prohibiting Foreigners to trade with the native inhabitants, of a district of coast therein limited; and fixing the compensation, and explaining the duties of commission merchants.
WHEREAS, it has ever been considered essential to the prosperity of this Colony, that foreigners be excluded from all interference in the commercial relations of the settlers with the contiguous native tribes; that the past labors and sufferings of the Colonists, and their present burdens in plant
ing, settling, and defending the territory of the Colony, entitle them to the exclusive benefits of an inland commerce; that foreign trade may flourish, and the facilities of exchange between the Colonists and Foreigners be increased, without endangering the fundamental privileges of the settlers; and that the present regulations of the trade of the Colony are imperfect, and in some respects inconvenient. Therefore,
Be it ordained by the Agent and Council, That, from and after this date, it shall not be lawful for any person or persons arriving on the African coast from abroad, except members of this Colony, to carry on trade, or communicate for the purposes of trade, with the native inhabitants of any part or place situated upon the said coast, between the mouth of Grand Cape, Mount river, towards the northwest, and the Colonial Factory, near Poor or Young Cesters rivers, towards the southeast, both places included.
Be it ordained as aforesaid, That no colonists, or other person whatever, acting as commission merchant, or factor for any foreign importer or merchant whatever, shall sell or barter any goods or merchandise, being wholly or in part the property of such foreigner, to or with the native inhabitants of the aforesaid district of coast, including the interior regions situated between the same limits.
Be it further ordained, That it shall not hereafter be lawful for any colonist or other person resident within the aforesaid limits, 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 taking out a commission merchant’s license, under the hand and seal of the Agent; and that, while holding such license, the commission merchant shall be entitled to demand, and to receive, on all sales by him effected as aforesaid, a commission fee of seven per centum on the amount of said sales; and furthermore, that, while holding such license, the said commission merchant shall, neither for himself, nor for any other person, nor by himself, nor any other person, deal, transact, or trade, either with a colonist or any other person whatever, otherwise than in the legal or wholesale way. Passed, June 30th, 1827.
AN ORDINANCE requiring the solemn recognition of their marriage, by persons named therein.
Be it ordained by the Agent and Council—1. That from and after the date of this ordinance, all persons, who at the time of their arrival in this Colony, shall be living and cohabiting together as husband and wife, shall, previous to their admission to the rights and privileges of citizens, or any of them, be cited by the clerk of the Court of Quarter Sessions of the Colony, to appear, and, in his presence and the presence of each other, be required solemnly to acknowledge and declare themselves to be bounden and law- husband and wife, and to recognize all the duties of that relation.
It shall be the duty of the clerk of the Court to record in the records of the same, the said acknowledgment; which record shall forever thereafter be full and sufficient evidence of the marriage of the parties therein named.
Be it further ordained, That no persons who shall be living and cohabiting together in the manner aforesaid, and who shall neglect to obey the citation of the clerk of the Court of Sessions, and to make the aforesaid acknowledgment and declaration, shall be entitled to draw or hold lands in the Colony, or enjoy and exercise any of the rights and privileges peculiar to citizens of the same, until and unless they shall have applied for and undergone a legal and formal marriage, solemnized according to the customs and forms of the Colony. Passed, April 28th, 1827.
PROPRIETORS of lands in Caldwell, situated either on St. Paul’s river, or Stockton creek, shall place the front of their houses on a line drawn ten feet from the line of the street they live on, most remote from the water. They shall also clear the public reserve ground in front of their premises to the water edge; and shall leave a lane 16 feet wide between every 4th and 5th, every 8th and 9th, every 12th and 13th, &c. lots, for the plantation proprietors’ more convenient access to the farms.—[Vide, the project of the Caldwell authentic survey.] Passed, October 25th, 1827.
THE masters of all vessels requiring the protection of Fort Norris battery, against a piratical or suspected vessel actually in sight, or believed to be hovering in the offing; also the masters of all vessels through whose fault it shall become necessary to man the battery, for their detention in port, shall pay towards the expense of the said battery, one dollar an hour for every hour during which the battery shall be actually manned for the detention or defence of the vessel aforesaid. Passed, June 1st, 1827.
RESOLVED, That all merchandise, goods and chattles which may be hereafter landed in the Colony, from foreign vessels, for sale, and shall remain unsold, the captain, supercargo or other officer of such foreign vessel shall, upon obtaining a certificate from the collector of customs, be allowed to reship such goods, merchandize, &c., on board such foreign vessel from which they were landed, free of import duty; provided, if the goods remain more than thirty days, such goods shall not be entitled to such exemption. Passed, January 6th, 1835.
RESOLVED, That no permit, either special or general, granted to any vessel, shall be valid only so long as she shall remain in harbor. Any vessel having left the harbor, shall, on her return, procure a permit to land any portion of her cargo, without which all articles landed shall be liable to seizure. Passed, February 27th, 1835.
Be it enacted, That from and after this date, no person shall be allowed to plead before the courts, but such as shall be regularly licensed by the courts; and said license may be at any time withdrawn, where any inde- corous language is used by the person towards either the court or jury. And be it further enacted, That not more than five dollars be allowed to any one attorney for managing a case at any one term of said court. And be it further enacted, That there be an attorney appointed to manage all public prosecutions, and that it be his duty to maintain the authority of the laws against all who shall criminally violate them.
And be it further enacted, That fifteen dollars be paid into the public treasury for each license, and fifty cents to the clerk of the court for drawing the said license, and that said license be signed by the judge of the court, and be recorded by the Register. Passed, July 7th, 1836.
Resolved, That a fine of three dollars shall be imposed on the flag officer for every neglect to signalize a vessel previous to her anchoring in the harbor.
Resolved, That four guns be mounted, two on the cape and two in the town of Monrovia, and that the Colonial Treasury pay half the expenses of preparing them. Passed, September 8th, 1836.
Resolved, That any person who shall be convicted of transacting business as a commission merchant or factor, without obtaining a license, shall be mulcted in the sum of one hundred dollars, one- half to go to the informer and the other half to the Commonwealth. The method of prosecution shall be the same as in other cases of violation of the laws of the Colony. Passed, January 5th, 1837.
Resolved, That persons fined in sums in any of the courts of the Colony, and put to public labor to satisfy said fines, shall be allowed, if an American, the sum of six dollars a month, and if a native, the sum of three dollars a month, until said fine shall be satisfied.
Passed, January 5th, 1837.
Be it enacted by the Agent and Council, That any person or persons who may pick up or find a boat or canoe, shall immediately advertise the same in some conspicuous place where the boat or canoe was found, and on neglecting to advertise the same, said person shall be regarded as the thief.
Whereas, it has been the practice of captains, supercargoes, and merchants of foreign vessels, to traffic, trade and barter with the captains, supercargoes and merchants of other vessels, as well as with the natives of the country, without the intervention of a commission merchant, greatly to the annoyance and injury of the inhabitants and merchants of the Colo
ny: Therefore, Be it enacted by the Agent and Council, That from and after this date, no foreigner shall have the privilege of trading with another foreigner, nor with the natives within the limits of the Colony, without the intervention of a commission merchant of the Colony; excepting, nevertheless, such articles of provision and tackling as may be wanted for ships’ use, which may be purchased under the inspection of the collector or his deputy, so as to secure the duties. Any foreigner violating the above, shall, on conviction, be fined for the first offence in the sum of one hundred dollars, and for the second, double the amount; one- half to go to the informer. And be it further enacted, That no vessel not immediately owned by the lawful citizens of the Colony, shall be allowed to anchor in any of the ports or harbors of the Colony, without paying the regular anchorage duties. All rules, usages, customs or laws to the contrary, are repealed.
Be it further enacted, That from and after this date, the sum to be allowed for the flag officer, be one hundred dollars a year, and that he keep clean around and adjacent to the flag- staff.
Pussed, January 10th, 1837.
Resolved, That from and after this date, no person or persons shall be allowed to exercise the privilege or duty on the business of an auctioneer, unless he has first complied with the law by paying into the treasury the sum of twenty- five dollars ($25) a year. Nevertheless, this shall not be construed to apply to sheriffs, constables, marshalls, collectors, nor their deputies, who may sell in pursuance of a decree of courts of justice.
Passed, March 17th, 1837.
Whereas, the laws of the Colony do not make any provision for filling up such elective civil offices as may become vacant, during the intervals of elections, by death, resignation or removal:
Be it enacted by the Lieutenant- Governor and Council, That from and after the first day of September next ensuing, whenever the office of councillor, sheriff, treasurer, collector, wharfinger, committee of agriculture, or censor, become vacant, it shall be the duty of the Governor, or, in his absence, the Lieutenant- Governor, to fill such vacant office or offices, by an appointment of suitable persons under his hands; said appointment to be countersigned by the Colonial Secretary, who shall attach the Colonial seal thereto. Nevertheless, said appointments shall expire at the next annual election.
Be it further enacted, That any person or persons holding an office under this Government, and shall remove to any other Colony unconnected with this, to reside, or shall accept of any office of emolument from any such foreign Colony, shall be considered vacating said office or offices, and said office or offices shall be filled by the Governor or Lieutenant- Governor, in the manner directed in the foregoing resolutions. Nevertheless,
less, this shall not be construed to apply to any person or persons that may be commissioned to any foreign colony on public business.
Be it further enacted, That in the event of the death, resignation or other disability of both the Governor and Lieutenant- Governor of the Colony, it shall be the duty of the Colonial Secretary immediately to summon the Council, who shall elect a person to fill said vacant office, until the next election, or superceded by an appointment of the Board of Managers of the American Colonization Society.
Be it further enacted, That no person or persons residing in any colony unconnected with this, or holding an office of emolument, under any foreign government, shall be eligible to any office in this Government; nevertheless, this shall not be construed to apply to such citizens of this Colony as may be commissioned from this Government to transact business in other colonies.
Be it further enacted, That from and after this date, all goods, wares, and merchandise imported into this Colony, shall be entitled to drawback when re- exported, subject, however, to the following provisions: Said goods, wares, and merchandise must be landed in complete and unbroken packages, and re- shipped in the same unbroken packages; must be re- exported in the same vessel in which they were imported, and in nine months from the date of landing; 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 owners 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 merchandizes, at the time they are landed; or shall execute a bond to the collector for said amount of duties, payable in nine months, or whenever said goods shall not be considered as re- shipped, unless they are re- shipped 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 over to his successor.
Passed, July 12th, 1837.
Be it enacted, That from and after this date, no captain or supercargo of any vessel shall take away any resident of this Colony, out of the limits of the Colony, without a passport, to be granted by the Secretary, under the penalty of one hundred dollars; nevertheless, this shall not apply to vessels carrying persons to any of the American settlements.
Passed, May 9th, 1838.
QUESTION submitted by the Lieutenant- Governor, whether the term “resident,” in the act of May 9th, prohibiting persons from leaving the Colony without a passport, is intended to include missionaries and natives, and persons of all descriptions:
The Council determined that all residents of every description and occupation are intended. Passed, June 2d, 1838.
THE committee to which was referred that part of the petition regarding persons leaving the Colony and becoming citizens of others, reported the following, which was enacted as law:
Be it enacted, That any person or persons, citizens of the Colony, 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, and have remained in the Colony at least twelve months thereafter.
And be it further enacted, That should any person or persons who had left the Colony, again return, and refuse to take the oath, declaring that he or they had become citizens of any government, and should there be any doubt respecting the same, said person or persons shall be questioned 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 such an oath, all their real property in the Colony shall be confiscated, and they be debarred forever from citizenship in the Colony. Passed, July 3d, 1838.
Be it enacted, That from and after the first day of August next ensuing, the Governor, Lieutenant- Governor, and all officers of Government, be sworn in office.
Be it further enacted, That the Governor or Lieutenant- Governor, in pursuance of the above resolution, administer the oath of office to the Secretary, and that the Secretary henceforth administer the oath of office to the Governor, Lieutenant- Governor, and Council, and record the date of their entering upon office, upon the records of the Council.
Be it further enacted, That the Secretary administer the oath of office to the clerks of the courts, and that the clerks of the courts swear all the members of the court. Passed, July 6th, 1838.
Be it further enacted, That from and after this date, 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 where the person charged may be a resident or inhabitant, on application of any citizen of a place wherein such child be born, issue a warrant to apprehend and bring the person so charged before him or any other justice of peace; and such justice shall commit him to jail unless he will enter into bonds with sufficient security in a sum 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 continue while such child is likely to become chargeable to the Colony; and the father shall enter into recognizance with sufficient security before the court, payable to the Governor or Lieutenant- Governor of the Colony, and their successors, 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 to the court, shall give judgment, 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.
Be it further enacted, That if any woman, after having been summoned before a justice of the peace, should refuse to swear to the father 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 sufficient security to be approved of the Governor and Court of Quarter Sessions, for the maintenance of the child. Passed, July 7th, 1838.
the ordinances and legal enactments of the Government; publish Government notices; issue the Agent’s order, civil, military, and judicial, to the proper functionaries; cause a fair copy of Government papers, necessary to be recorded, to be delivered to the Register of the Colony; and manage its internal correspondence on the part, and under the direction, of the Agent.
ARTICLE X.
The Register shall record all documents and instruments relating to the security and title of public or individual property; Government grants, patents, licenses, contracts, commissions, and all other papers which are properly matter of record, and to which the government of the Colony shall be a party.
Every volume of records, when compiled, shall be delivered by the Register to the Secretary of the Colony, for preservation among the archives of the Colony.
ARTICLE XI.
The Treasurer of the Colony shall receive and safely keep all the moneys and public securities required by law or the judgment of courts to be deposited in the public Treasury; and shall deliver up, and pay over the same, only to a requisition signed by the Agent, or Vice- Agent of the Colony; to whom he shall render a statement of the public finances on the Monday preceding the annual election of the Colony.
ARTICLE XII. Commissioners of Agriculture—Duties of each of the Committees.
The Commissioners of Agriculture shall report, and serve as the organ of the Government, on all subjects relating to the agriculture of the Colony.
The Commissioners composing the Board of Health, shall report and serve as the organ of the Government, on all subjects relating to the health of the Colony; shall ascertain the proper objects of medical attendance; report nuisances prejudicial to the public health, and superintend their removal, and make themselves, generally, active in diminishing the sufferings and dangers of the settlers, caused by sickness.
Each of these committees shall record, for the future use of the Colony, all important observations relating to the subjects of their charge.
ARTICLE XIII. Duty of Censors.
The two Censors shall act as conservators of the public morals, and promoters of the public industry; and be obliged to all the duties, and invested with all the legal powers, or whatever relates to the public morals and industry, which are by law required of, and possessed by, Grand Juries, in such parts of the United States as recognise such to their magistracy. It shall be the especial duty of these officers to ascertain in what way every person in their proper districts acquires a livelihood; to report or present idlers, detect vicious or suspected practices; and present for legal investigation and cure any actual or probable evils, growing out of the immoralities or idleness, either of a portion of the community or of individuals.
ARTICLE XIV. Judiciary—Court of Sessions—Constables—Clerk and Crier—Auctioneer—Storekeeper—Librarian—Commissary of Ordinance—Instructors of Schools—Custom, Port, Infirmary, Medical, Guard, and Police, Officers—Measures—Inspectors—Appraisers.
The Judiciary of the Colony shall consist of the Agent and a competent number of justices of the peace, created by his appointment. The jus
tices shall have cognizance of all cases affecting the peace; of criminal cases, within the definition of petit larceny; and all actions of debt not exceeding twenty dollars. In the court of monthly sessions, whether acting as a court of law or a court of equity, the Agent or Vice- Agent shall preside, and the justices be his associates.
The Court of Sessions shall have original jurisdiction in all actions of debt, in which the amount in litigation shall exceed twenty dollars; and in criminal cases, above the degree of petit larceny; and shall have appellate jurisdiction in all civil causes whatsoever.
The requisite number of Constables for the Colony shall be appointed by the Agent, annually.
A Clerk and Crier of the Court of Sessions shall also be appointed by the said court annually.
An Auctioneer, who shall conduct all auction sales, except those of the Sheriff and Constables, in pursuance of the judgment of the courts of the Colony, shall also be created by annual appointment of the Agent.
A Storekeeper, Librarian, Commissary of Ordinance, to be appointed by the Agent, shall be respected and obeyed in matters belonging to their respective functions as officers of the Colony.
Instructors in all schools having the sanction of public charter, or participating in any degree in the public funds, shall be appointed and employed by the regular School Committees of the Colony; but only with the Agent’s approbation and concurrence.
All Custom, Port, Infirmary, Medical, Guard, and Police Officers, not appointed by the Managers of the Colonization Society, and whose services are required and defined by the laws of the Colony, together with the public Measurers, Inspectors, and Appraisers, shall be appointed by the Agent of the Colony.
ARTICLE XV.- Militia, how organized- Chartered Corps- Essential Military Charters- General Officers- Courts Martial.
The Militia of the Colony shall consist wholly of such uniformed volunteer corps as shall obtain charter under the Government of the Colony; of which charters the following shall be the fundamental articles:
That the corps shall always comply with any requisition for their services, either wholly or in part, made by the Executive Government of the Colony.
That the corps shall ever preserve and hold itself, and its arms and equipments, in a state of readiness for actual service, at the shortest notice.
That its officers be commissioned by the Agent, &c.
That it shall muster, parade, and serve in the line of the Colony under general officers, when thereto required by the Executive Government.
General officers shall be appointed by the Agent; and when especial reasons do not forbid, shall be taken from the officers of the several corps, and promoted according to rank and the seniority of their commissions.
All military offences and delinquencies shall be tried by a general court martial, to be composed (except the officers and guard of the court) of commissioned officers, and to sit quarterly.
A true copy:
J. N. LEWIS, Colonial Secretary.
MONROVIA, APRIL 1st, 1841.