| Date | 1811 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | AN ACT to prohibit the emigration of free negroes or mulattoes in to this state , and for other purposes |
| Description/Full Text | Section 1. No free negro or free mulatto not now residing in lattoes , from other States this State shall hereafter come into this State to reside ; and if any free negro or free mulatto shall come into this state contrary to the directions of this Act , it shall be the duty of any Jutice or conser . 21 warped to vator of the peace , who shall have knowledge or information thereof , depart to issue bis warrant or precept to any constable of the county , commanding him to notify and warn the said negro or mulatto to depart this State ; and if said negro or mulatto shall not depart or 22 refusal remove from this State within ten days after being warned and proceedings notified as aforesaid , he or she shall forfeit and pay the sum of ten & penalty dollars for each and every week he or she shall remain within this State after the expiration of the said ten days and notice as afore said , to be paid to such person or persons , as shall first give notice or information thereof to any Justice or conservator of the peace ; and upon such information being given to any Justice or conservator of the peace , it shall be his duty forth with to issue a warrant under his hand and seal directed to any constable of the county , who shall forth with proceed to arrest the said free negro or free mulatto and bring him or her before the said Justice or conservator of the peace , who shall in case said negro or mulatto be unable to pay 23 inability to said fine with costs and give surety to be approved of by said Jus- pay - impri tice or conservator for his or her departure from this State within five days , commit the said free negro or free mulatto to the public gaol of the county ; and said Justice or conservator shall specify in said warrant of commitment the amount of the fine imposed on Such negro or mulatto together with costs and also the name of the person or persons , to whom such fine is payable ; and it shall be the duty of the sheriff of the county , where such negro or mulatto and sale shall be committed , forthwith to proceed to sell such negro or mu latto to any person or persons residing in this State for such term , as shall be sufficient for payment of said fine and costs together with the charges of imprisonment and sale ; first giving ten days public notice of such sale by advertisements to be set up in the most public places in each hundred of the county where such sale shall be made . Sect . 2. If any free negro or free mulatto shall remain or con- 24 remaining tinue to reside in this State for the space of ten days after the ex after end of piration of the time , for which he or she shall or may be sold as aforesaid , he or she shall be deemed and taken to be a non - resident penalty and shall be proceeded against , and be liable to the same penalties and punishments , as herein before limited and appointed against free negroes and free mulattoes now residing out of this State . Sect . 3. The return of the said constable to the warrant or pre- of notice to 25 Evidence cept aforesaid , certified or indorsed thereon , shall be admitted to depart be read as competent evidence against any such free negro or free mulatto of such notification or warning : Provided always , that said constable be sworn or affirmed by said Justice or conservator of the peace to the truth of said return so to be certified or indor sed as aforesaid , which oath or affirmation the said Justice or con servator of the peace is hereby empowered and directed to admin ister and to certify the same under his hand upon the said war rant or precept . Sect . 4. If any free negro or free mulatto residing in this state 26 Out of shall from and after the passing of this Act remove out olor depart non - resident Statebinonths therefrom and shall there remain or abide for the space of six months ; then such free negro or free mulatto shall be deemed and taken to be a non - resident and shall be proceeded against and lia ble to the same penalties and punishment , as hereinbefore limited , directed and appointed against free negroes and free mulattoes now residing out of this State : Provided that nothing herein con Proviso tained shall be construed to extend to any sea - faring person or per sons of color , who may be following his or their occupation , or any wagoner or messenger while in the actual employment of any citizen or citizens of this State . 27 Penalty Sect . 5. If any person or persons residing in this State shall here for hiring , & c after bire , employ or harbor any free negro or free mulatto , who - free negro , & c shall emigrate or settle in this State after the passing of this & ct , such after due person or persons shall for each and every such offence forfeit and pay the sum of five dollars for each and every day any such free negro or free mulatto may be so employed , hired or harbored , to be recovered by action of debt , bill , plaint or information in any court of record in this State with costs , one moiety thereof to be paid and applied to the use of the State and the other to such per notice son or persons as shall sue for the same : Provided always , That nothing herein contained shall be construed , deemed or taken to ex tend to affect or make liable any person or persons , who may hire or employ such free negro or free mulatto , unless such person or per sons shall have received notice from some Justice or conservator of the Peace of the county , that such free negro or free mulatto is not a resident of this State . 28 to be given Sect . 6. It shall be the duty of the Court of General Quarter in charge to Sessions of the Peace to give this Act in charge to the grand jury Grand Jury at each and every court , that shall hereafter be held in the respec tive counties of this State . 29 exceptions Sect . 7. Nothing contained in this Act shall be construed to ex tend or apply to the case of any negro or mulatto , who has at any time heretofore resided within this State but is now resident out of this State , and who returning to reside therein shall bring with him or her a certificate of fair conduct and character signed by at least one Justice of the Peace of the county , town or place , where such negro or mulatto bas resided one year immediately preceding his or her coming into this State : Provided such certificate be ap proved of and indorsed by two Justices of the Peace of the county , into which the said negro or mulatto may come to reside , and the same be recorded in the office for recording of deeds of such coun ty within one month next immediately after his or her coming for the purpose aforesaid into such county ; nor shall this Act be in any way construed to apply to the case of a negro or mulatto re turning to this State next immediately after his or her having been unlawfully taken out of the same . Passed at Dover , January 28 , 1811 . |
| Additional Information | – |
| Source | https://play.google.com/books/reader?id=XyJEAAAAYAAJ&pg=GBS.PA410&hl=en |
| 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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