| Date | 1770/1829 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | Amendment to "Act providing for the punishment of certain crimes and misdemeanors" and the "Act concerning certain crimes and offences committed by slaves and for the security of slaves properly demeaning themselves" |
| Description/Full Text | Section 1. If any person shall commit the crime of manslaugh slaughter of the first de ter of the first degree ; every person so offending shall be deemed gree guilty of felony and , upon conviction thereof , shall forfeit and ( 17 ) pay to the State a fine not less than four hundred dollars , nor more than four thousand dollars , and shall suffer imprisonment for a term noi less than one year nor exceeding four years ; and every 153 Second person so offending a second or other subsequent time , upon con viction of such second or other subsequent offence , shall forfeit and pay to the State a fine not less than one thousand dollars Hor more than six thousand dollars , and shall suffer imprisonment for a term not less than two years nor exceeding five years . 154 Man . If any person shall commit the crime of manslaughter of the slaughter of second degree ; every person so offending shall , upon conviction the second degree thereof , forfeit and pay to the State a fine not less than one hun ( 18 ) dred dollars nor more than one thousand dollars , and shall suffer imprisonment for a term not exceeding one year . ( V. ) The foregoing provisions and the Act providing for the pun ishment of certain crimes and misdemeanor's shall be construci together ; and the construction shall be the same to all intents and purposes , as if the said provisions had been contained in said Act instead of the paragraphs prescribing the punishment of man slaughter of the first degree and of the second degree . Sect . 2. If any negro or mulatto slave shall commit the crime committed by of manslaughter of the first degree , or shall be an accomplice to said crime , every negro or mulatto slave so offending shall be deemed guilty of felony and , upon conviction thereof , shall be publicly whipped with any number of lashes not less than forty nor more than sixty on the bare back , shall be set on the pillory t?r the space of one lour , and shall be exported from thisState and die rer permitted to return to the same ; and if any negro or mulatto slave shall commit the crime of manslaughter of the second degree ; every such negro or mulatto slave shall , upon conviction thereof , be publicly whipped with any number of lashes not less than twenty nor more than forty . The preceding provisions of this section and the Act con- ( 124 ) cerning certain crimes and offences committed by slaves , and for ( V1 . ) the security of slaves properly demeaning themselves , shall be construed together ; and the construction shall be the saine to all intents and purposes , as if the said provisions had been contained in the first section of the said act . Sect . 3. The Courts of Oyer and Terminer and General Gaol 156 Jorrisdic Delivery shall have jurisdiction of every crime punishable with tion of the death and of the crime of manslaughter both of the first and of the se- & Terminer Court of Oyer cond degree , and of the offence of being an accomplice or accessory to any such crime ; whether such crime or offence bave been com mitted by a free person or a slave . The Courts of General Quar- 157 of the Ct . ter sessions of the Peace and Gaol Delivery within the several of Qu'r . Sess . counties shall have jurisdiction of all other crimes and misdemea nors , except offences committed by slaves and cognizable before a Justice or Justices of the Peace ; and the said Courts of Gene ral Quarter Sessions of the Peace and Gaol Delivery , shall have cognizance of crimes punishable with death and of manslaughter and of offences of accomplices or accessories to said crimes so far , that indictments for said crimes or offences may be found in said courts ; and that said courts may issue process against every person so indicted and may commit such person or take bail , as may be deemed proper in the case ; but said indictments shall be removed into the Courts of Oyer and Terminer and General Gaol Delivery for trial or other proceedings thereupon . The Courts of Oyer and Terminer and General Gaol Delivery 158 Assign m't of counsel shall assign counsel to every person on trial not of ability to re by the court tain counsel ; and the Court of General Quarter Sessions of the Peace and Gaol Delivery , may exercise like power on trials upon indictments for felony . Passed at Dover , February 11 , 1829 . |
| Additional Information | – |
| Source | https://archives.delaware.gov/wp-content/uploads/sites/156/2017/05/1829lawspg157-1829lawspg157-1.jpg |
| Transcriber Notes | – |
If you are citing this record, please use the following format:
[Author (if known)], Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860), [Date (if known)], Enduring Connections: Exploring Delmarva’s Black History, Nabb Research Center, Salisbury University.
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