from the operation of this act such counties as may have lost so large a portion of their slaves in consequence of their escape to the public enemy as will materially affect the agricultural products of the counties. And the Governor may exempt such other counties as from their geographical position or contiguity to the public enemy he may deem expedient. And in any county, city, or town partially exempted under this statute, any person who may satisfy its county or corporation court, or any person appointed by the Governor for that purpose, that he or she has lost one-third part of his or her slaves liable to work on the public works, by said slaves going over to the enemy, shall be exempted from the operation of this act. The sum of $20 per month for each slave shall be paid by the Confederate States to the person entitled to his services, and soldiers's rations, medicines, and medical attendance furnished; and the value of all such slaves as may die during their term of service, or thereafter, from injuries received, or diseases contracted in such service, or not be returned to their owners, shall be paid by the Confederate States to the owners of such slaves, and full compensation shall be made for all injuries to slaves arising from the act of the public enemy, and in like manner full compensation shall be made for any injury to slaves arising from a want of due diligence on the part of the authorities of the Confederate States: Provided, That the Confederate States shall not be liable for any slave not returned by reason of fraud or collusion on the part of the owner or his agent; or if his death should be caused by the act of God, or by disease of such slave existing when received by the Confederate authorities; and in all cases the burden of proof shall be on the authorities of the Confederate States to discharge the latter from liability to the former. Hired slaves shall be regarded as the slaves of their temporary owners in apportioning for the purposes of this act; but when hired slaves shall be held by persons owning other slaves it shall not be lawful for the temporary owner to select one or more of the hired slaves to be sent to the public works; but in every such case the slaves or slaves to be sent shall be ascertained by lot, in which each of said slaves shall be drawn for by the court.
2. Be it further enacted, That so soon as the Governor shall determine to make a requisition for slaves under this act he shall give notice thereof to the several counties, cities, and towns on which the call may be made, by causing to be filed with theeveral county and corporation courts copies of the requisition made on their respective counties, cities, and towns; and thereupon it shall be the duty of the said clerks forthwith to issue a summons to all the acting justices of their respective counties and corporations, requiring them to meet at the court-houses of their counties and corporations on a day to be named in the summons, not later than six days from the filing of the requisition, to carry the same into effect, which summons shall be directed to and executed by the sheriff of the county or sergeant of the corporation, as the case may be.
3. It shall be the duty of the several county and corporation courts, after being duly convened as aforesaid, and not less than five justices being present, to ascertain by the assistance of the commissioners of the revenue of their respective counties and corporations, or otherwise, the entire number of male slaves therein between the ages specified, subject to requisition under this act; and after ascertaining the same, to apportion the requisition aforesaid without delay among all the holders of such slaves, so as to charge each slave-holder as near as may be with the same proportion of his male slaves