Opinion
01-01-1819
The Commonwealth v. John Moore
At the Superior Court of Law for Dinwiddie, in September, 1818, the Grand Jury made the following presentment: " We of the Grand Jury do present John Moore, for suffering his negro man named Billy, to hire himself and go at large in Dinwiddie county, within the six months last past." At the succeeding Court, the Defendant objected to the jurisdiction of that Court, and moved that the presentment be certified to a Magistrate, to be acted on according to Law; whereupon that Court adjourned to this Court the following questions: 1. Whether this Court hath jurisdiction of the offence charged in the presentment? 2. Whether the said presentment should be certified to a Magistrate? and, 3. What should be done in this Court with said presentment?
OPINION
Per Curiam.
"The Court is unanimously of opinion, and doth decide, that the Superior Court of Law of Dinwiddie county hath not jurisdiction to try and determine the offence stated in the Presentment; but, that the said Presentment ought to be by that Court certified to some Justice of the Peace of and for the county of Dinwiddie, to be by him acted on, pursuant to the first section of the Act of General Assembly, passed the 20th January, 1808, entitled " an Act to prevent further the practice of slaves going at large, or hiring out themselves."
2 Rev. Code of 1808, ch. 119, incorporated into the Act in 1 Rev. Code of 1819, ch. 118. § 81.