TIP# 135 - LEVIES, MULATTOES & FREE NEGROES and MASTER & APPRENTICE IMPORTANT NOTICE: I announced earlier that I would be cutting back to one post a week instead of the usual Tuesday and Thursday posts. I have been receiving so much new information, that I am going to continue posting twice a week. Welcome to all our new subscribers; we have over 150 new readers to these tips and I hope that you will find something you need! You can check out the URL in my signature line to read through the past 134 posts. In upcoming posts, I am going to be dealing with great depth the marriage laws, divorce, wills - topics I have talked about before. I think you will find the information most helpful. Sandi LEVIES: Taken from the Acts Passed at the First Session of the 29th General Assembly, 1822. An act was passed on March 1st, 1797 based on Littrell's 678 (Virginia) - and was amended by an act of Kentucky February 1, 1809. Section 1 states that all male persons of the age of 21 years and upward, and all female slaves of the age of sixteen years and upward, were considered titheable and levies had to be paid on them. The County courts of each county were given the power to make exceptions because of age, infirmity or other charitable reasons, to waive this levy. The tax commissioners, under Section 2, were authorized and required, at the same period each year, to make the collection. The collectors were to arrange the information in columns in a book and select a person or persons to make settlement of the county with the State. Section 3 discusses the masters or owner of a family, or in his/her absence or non-residence, and the same was allowed to appoint an agent, attorney or overseer, who was required to list the names and numbers of all titheables belonging to that family. If they did not - they were to be fined 500 pounds of tobacco, one moiety for the use of the county, the other to the use of the informer who gave in this information. If the master or overseer failed to list all the titheables on any plantation, he was still liable of the payment of the levies. If the commissioner failed to list or falsely list information in the district of his responsibility, he was fined 1,000 pounds of tobacco. The only exception was if the overseer was at which time a list was later forwarded. Ten days after the levies had been collected and the balance due ascertained, the county deducted the sums due to the county. The County Clerks then had 10 days after the levy had been collected to collect the list of persons found chargeable and the list of sums due prepared. Section 4 covers the Sheriff or county collector's failure to account with, and satisfy the county creditors the sums levied for them on or before the first day of October, or fail to adjust and settle. Section 5 lays out the County Clerk's responsibilities if they fail to deliver to the county collector the lists or if he omitted anything. An amendment was passed December 21st 1799 as such: Section 3 made it the duty of every sheriff to collect the levies laid by the county court and made it a necessity for him to post bond with security. He was to receive a commission for the tax collecting. The Sheriff was further instructed in returning any delinquent county levies - he was ordered to collect such levies while he was still in office and make a return once a year to the county clerk that included the names of the delinquents. The court took charge of these lists and provided measures to enforce the collection of the levies due. The High Sheriff (the actual sheriff, not the deputy sheriff, sg) then had to make a "fair return" of these delinquents and insolvents (those who could not pay), recording the best information he can as to their place of abode, any collection made, etc. Another amendment was passed January 15, 1811 that covered the chance of a deficiency in the collection of the monies. MULATTOES & FREE NEGROES: This section of the Acts Passed at the First Session of the 29th General Assembly, 1822, covered the laws already on the books, with amendments as it dealt with mulattoes and free Negroes. It is stated that as of February 23, 1808, (to be in force first day of May), it shall not be lawful for any free Negro or mulatto to migrate or be brought into this state from any territory or state within the United States or elsewhere, and that if any free Negro or mulatto shall migrate or be transported to Kentucky, and remain for more than 30 days, they shall be liable for arrest. Any citizen of Kentucky who had knowledge of this happening, had the power t arrest the free Negro or mulatto and bring him/her before a justice of the peace to be dealt with. Or, the informant may apply to a Justice of the Peace to issue a warrant to cause them to be brought in. If the Justice of the Peace, upon examination of same, is of the opinion that the free Negro or mulatto has migrated or been transported to Kentucky, the Justice was required to enter into a recognizance with one or more good sureties in the sum of $500, payable to the Governor for the appearance of the individual at the next county court. If, after appearing, it is of the opinion of the court that they have migrated or been brought into the state contrary to law, the free Negro or mulatto was to entered into a recognizance with one or more good securities in the amount of $500. Then the individual as to be sold for the term of one year to the highest bidder with the winning bidder making bond also. There is also shown the old Virginia law of 1753 which Kentucky adopted which read: "Whatsoever English or other white man or woman, being free, shall intermarry with a Negro or mulatto man or woman, bond or free, shall, by judgment of the county court, be committed to prison, and there remain during the space of six months, without bail or mainprize, and shall forfeit and pay ten pounds current money of Virginia…" MASTER AND APPRENTICE: Part of an act passed March 1, 1797. This states that the county courts shall, at all times, receive any complaints of an apprentice or hired servant, if they are a citizen of the United States, against their master or mistress in which they alledged undeserved or immoderate correction, insufficient allowance of food, rainment or lodging, or want of instruction. The courts had the power, upon proving the allegations of the apprentice to remove that individual from the master or mistress. They also would hear complaints against the apprentice by the master and take necessary action. As discussed in previous tips, many times the master did abuse the child, particularly near the end of the term of apprenticeship. The master was required to provide a basic education, clothes and at the end of the apprenticeship, either money, horse and saddle or new clothes. The master, not wishing to spend the money, sometimes made life so miserable for the apprentice that the individual (usually a child) ran off. The master would then go into court and tell them that he had done the best he could, didn't understand why the child would run off, and try to get out of paying the money for clothes or other gifts. Thankfully, the court was pretty wise! © Copyright 26 March 1998, Sandra K. Gorin, All Rights Reserved. >>}}}0>> <<0{{{<< Sandi Gorin - 205 Clements Ave., Glasgow, KY 42141-3409 502-651-9114 - sgorin@glasgow-ky.com GORIN GEN PUB: http://members.tripod.com/~GorinS/index.html KYRESEARCH ON THE WEB: http://cgi.rootsweb.com/~usgwqury/Ky/Tips/index.cgi PAST KYBIOS FROM MY E-MAIL LIST: http://cgi.rootsweb.com/~usgwqury/Ky/Bios/index.cgi