| Date | 1816 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | AN ACT concerning free negroes , free mulalloes , servants and slaves |
| Description/Full Text | Sect . 3. If any person or persons shall after the passing of this 30 Runaway Act apprehend or take up any runaway servant or slave , he or slaves & ser . they shall forthwith carry him or her before the next Justice of the carried before Peace of the county , where such servant or slave shall be so taken Justice up or apprehended ; and if on examination by said Justice of said servant or slave the said Justice shall find sufficient cause for his or her detention , he is hereby authorized and directed to commit & committed to the public gaol of the county , in which said Justice may reside , ( 36 ) ( Fugitives by regular commitment directed to the sheriff of said county the from labor said servant or slave so taken up and carried before bim . 1-5 ) Sect . 4. The said sheriff shall forthwith upon the reception by 31 Advertised him of the commitment directed to him by the Justice of the Peace in conformity to the third section of this Act cause such servant or slave to be advertised in some public newspaper of the borough of Wilmington for the space of six weeks next after such servant's or slave's commitment ; and if the master or owner of such servant & it not relez so imprisoned as aforesaid , shall omit or neglect to release such sed by master discharged servant or slave from prison within the time of six weeks next af ter the commitment to prison of such servant or slave , then and in such case the sheriff is hereby directed to discharge such servant or slave from his custody ; nor shall such servant or slave be lia- exempt from ble to any of the costs and charges of his apprehension , commit- costs ment or prison fees . Sect . 5. The sheriff or gaoler shall not deliver to any person or 32 not deliv persons whomsoever any such slave or servant without the author- ered without authority of ity of a Justice of the Peace residing in the town , in which the Justice gaol in which the said servant or slave shall be confined is situate , or if there be none such or none present in such town , then of the nearest Justice of the Peace of the county given in writing under in writing , the hand and seal of such Justice , nor in such case except in the signed & sca led - por in hours between the rising and setting of the sun ; and such Justice night of the Peace shall , before he grants such authority , require reason able proof , that the person or persons applying for such slave or 33 Proof servant is or are bona fide entitled to such slave or servant , or the agent or agents , attorney or attorneys of the person or persons , ( 36 ) who shall be proved before the said Justice to be bona fide enti tled to such servant or slave ; and the said Justice , as proof that any person or persons applying to him as agent or agents , attorney or attorneys are such , shall require a document in writing under the hand and seal or bands and seals of the principal or principals duly constituting such agent or agents , attorney or attorneys , and shall also require reasonable proofs , that such principal or princi pals are bona fide entitled to such slave or servant ; and if any 34 penalty sheriff or gaoler shall without such authority deliver any servant or slave confined as aforesaid to any person or persons whomso ever , such sheriff or gaoler shall for such offence forfeit and pay the sum of five hundred dollars . to be recovered by indictment in the Court of General Quarter Sessions of the Peace and Gaol De livery . Sect . 7. No person or persons whatsoever shall knowingly em for employing ploy , conceal or entertain another's servant or slave at his , her or harboring , & c their house or houses , plantation or plantations without the mas . slave or serv't ter's or owner's consent , except in distress of weather , sickness or other extraordinary occasions or accident , under the penalty of fifty dollars for every twenty - four hours he or she shall entertain any such servant or slave as aforesaid , so in proportion for any less tine . 36 exceptions Sect . 9. Provided always , That nothing in this Act contained shall be construed in any manner to affect any person or persons travelling with his , ber or their servant or slave , or who shall move out of this State with his or her family , or who shall send or carry his or her servant or slave out of this State on his or her lawful business or service : And provided also , That nothing in this Act contained shall be taken or construed to affect any sheriff , gaoler or other person acting under the authority of a Judge or Justice of the Peace pursuant to an Act of Congress , entitled " An Act respecting fugitives from justice , and persons escaping from the service of their masters . " Passed at Dover , 9 February , 1816 . |
| Additional Information | – |
| Source | https://play.google.com/books/reader?id=XyJEAAAAYAAJ&pg=GBS.PA412&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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