| Date | 1826 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | An act relating to fugitives from labor |
| Description/Full Text | 1. When a person held to labor or service in any of the 1 Slaves from United States or in either of the territories thereof , under the other states , & c arrested , laws thereof , shall escape into this State , the person to whom such & e . Jabor or service is due , his or her agent or attorney is hereby au- ( Constitution thorized to apply to any Judge or Justice of any court of record U.S.53 ) or to any Justice of the Peace or to any burgess of a borough or town corporate , who on such application supported by the oath or afirmation of such claimant , agent or attorney , that said fugitive hath escaped from his or her service or from the service of the person for whom he is agent or attorney , shall grant his warrant 2 Warrant under his hand and seal and directed to any sheriff or constable , authorizing and empowering said sheriff or constable to seize and arrest the said fugitive , who shall be named in said warrant , and to bring said fugitive before said officer issuing said warrant or before some other Judge or Justice of a court of record or some Justice of the Peace or burgess of a borough or town corporate ; which said warrant shall be in the form or to the effect following , State of Delaware , county ss . To the sheriff or any constable of said county : This is to authorize and require you - to seize and arrest the body of said to be the slade ( or servant , as the case may be ) of and him ( or her ) to bring forthwith before me or some Judge of said State or Justice of the Peace in and for said county ( if in New Castle county add or some burgess of the borough of Wilmington " ) to be dealt with as the law directs : By virtue of which precept the said fugitive named therein may be arrested by the officer to whom the same is delivered in any part of this State . Sect . 2. The said fugitive when so arrested shall be brought be- 3 Procecding fore the officer in that behalf named and upon proof to the satisfac tion of such officer that the person so seized or arrested doth under the laws of the State or territory from which he or she fled owe service or labor to the person claiming him or her , it shall be the duty of such Judge or other officer aforesaid to give a certificate 4 Certificate thereof to such claimant , his or her agent or attorney , which shall be sufficient warrant for removing the said fugitive to the State or territory from which he or she fled . Sect . 3. If any person or persons shall obstruct or hinder such 5 Obstructing sheriff , constable , claimant , agent or attorney in so seizing , arrest- & c . arrest ing or removing such fugitive from labor , or shall rescue or aid or abet the rescue of such fugitive from such sheriff , constable , claimant , agent or attorney , or shall assemble together with the intention to interrupt such sheriff , ' constable , claimant , agent or at torney in the due execution of this Act , they shall on conviction thereof by indictment forfeit and pay a sum not exceeding five penalty hundred dollars and be imprisoned for a period not less than three months nor more than twelve months , and shall be liable to an action at the suit of the owner of said fugitive for damages . Sect . 4. If any captain or commander of any vessel or other e Transport . person shall carry or transport by water or cause to be carried or ing sises ou transported by water out of this State any person held to labor by water or service by any citizen or inhabitant of this State , or by any citizen or inhabitant of any other of the United States or either of the territories thereof and who may have escaped into this State , such captain , commander or other person shall pay to the owner of such person held to labor or service the sum of five hundred dol penalty lars to be recovered by an action on the case or on conviction thereof by indictment be subject to a fine not exceeding five hun dred dollars and imprisonment not less than three nor more than twelve months , at the election of the party aggrieved , and such election shall be determined by his bringing his action on the case or instituting his prosecution by indictment ; and if any negro or mulatto shall carry or transport by water any person held to labor or service as aforesaid , he shall , on conviction thereof by indict ment , be punished by fine and imprisonment or by being whipped with thirty - nine stripes , in the discretion of the court . Sect . 5. If any suspicious colored person shall be taken up travelling in or through this government without having a safti ling without pass cient pass signed by some Justice or proper officer of the place from whence he or she came , approved and renewed by some Jus tice of the Peace in the parts through which such person hath travelled , or shall not otherwise be able to give a good and satis factory account of him or herself to the justice before whom he or she shall be brought , such person shall , by the said Justice , be committed to the gaol of the county where he or she shall be taken up and be deemed to be and dealt withall , as a runaway servant . 8 Charge to Sect . 6. This Act shall be given in charge to the grand juries , G. Jury at Qr . by the Judges of the Court of Quarter Sessions of this State at Sessions their respective sessions of said court . 7 colored per sons trave ! - Passed at Dover , January 19th , 1826 . |
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| Source | – |
| Transcriber Notes | – |
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[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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