| Date | 1819 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | AN ACT to provide for the indemnity of the counties of this State against the maintenance of slares discharged by their masters and mistresses without giving the security required by law . |
| Description/Full Text | Section 1. Whereas many masters and mistresses have attempt ed to manumit negro and mulatto slaves without giving the securi ty required by law in such cases to indemnify the county from any charge , such county may be put to in case of such negro or mulatto being sick or otherwise rendered incapable to support him or herself ; and such slaves have generally acted as free negroes or free mulat toes and have been dealt with and treated by most people as such and have enjoyed the privileges of free negroes or free mulattoes without any hindrance or interruption of their masters or mistresses or their executors or administrators : and whereas the instances of such kinds of manumissions are so numerous and have been of such Jong continuance , that it is necessary to make some provision by law to indemnify the counties as well as to effectuate the intentions of such masters and mistresses , and to secure to such negroes and mulattoes their freedom : Be it therefore declared and enacted by the Senate and House of Representatives of the Stale of Delaware , in General Assembly met , and it is hereby declared and enacted by the 37 Set free by authority of the same , that all and every negro and mulatto slave , deed or will wlio at any time before the passing of this Act hath been dischar demnity to god from the service of his or her master or mistress , his or her ex county -- free ecutors or administrators by any last will in writing , or by some duly executed manumission in writing , and whom it was the inten tention of such master or mistress to manumit and set free by such last will in writing or manumission in writing , and who hath not been reclaimed by such master or mistress , his or her executors or administrators , and who at the time of passing this Act is in the actual enjoyment of immunity from laboring for or on account of , or for , the benefit of , his or her master or mistress , his or her exe cutors or administrators , shall be and is hereby declared to be free and at liberty , and shall and may enjoy all the benefits and advan tages , that a free negro or free mulatto may or can do within this government , notwithstanding such master or mistress , his or her executors or administrators shall not have given the security re quired by the laws of this State to indemnify the county from any charge such county shall have been or may be put to in case of such negro or mulatto's being sick or otherwise rendered incapa ble to support him or herself . Sect . 2. The master or mistress , his or her executors or admin- 38 & in case istrators , of any such negro or mulatto slave , who at the time he of county or she was discharged from the service of his or her master or mis- charge when Master tress , his or her executors or administrators was not above the age not liable of thirty - five years , and who at the time of such discharge was healthy and no ways decrepit or incapable of getting his or her livelihood ( except from infancy only , ) shall not be liable nor chargeable for his or her maintenance or support ; but such negro or mulatto shall in case of necessity be supported by the county in like manner , as other free negroes or free mulattoes are main tained and supported who are poor and incapable of getting their livelihood . Sect . 3. The master or mistress of any such negro or mulatto 39 When slave , who at the time he or she was discharged from the service of Master liable bis or her inaster or mistress as aforesaid , was above the ago of thirty - five years or was unhealthy or decrepit or incapable of get ting his or her livelihood ( except from infancy only , ) shall be liable and chargeable for the maintenance and support of such negro or mulatto in case such negro or mulatto hath become or shall become unable to support or maintain him or herself ; and the Trustees of the Poor of the proper county may maintain an action therefor against 40 Remedy such master or mistress in any court of record in this State or before any judicial tribunal of competent jurisdiction : and as an addition al remedy it shall and may be lawful for the Justices of the Court of General Quarter Sessions of the Peace and Gaol Delivery to make an order , from time to time , on the master or mistress for such sum or sums of money as will reimburse to the Trustees of the Poor of the proper county the expenses from time to time of the maintenance and support of such negro or mulatto : provided , that such suit shall not be maintained nor such order made against or on any other person or persons than such master or mistress . Sect . 4. The children of such female slaves as aforesaid , which 41 issue of shall have been born at any time since such female slave was dis- females so set charged from the service of her master or mistress , his or her ex ecutors or admistrators as aforesaid , shall be and are hereby de clared to be free to all intents and purposes whatsoever and shall be liable to all the regulations and provisions of the Acts of the General Assembly in like manner , as the children of any free negro or free mulatto whatsoever in the State . Sect . 5. The Act of the General Assembly entitled An Act to 42 Privileges , punish the pratice of kidnapping free negroes and free mulattoes , kidnapping --- giving testi and for other purposes , passed the fourteenth day of Junc seven- tecn hundred and ninety - three , and the Act entitled An Act to allow free black persons and free mulattoes , in certain cases , to give testimony in courts of justice , " passed the first day of Feb ( ) ruary seventeen hundred and ninety - nine , shall from and after the passing of this Act be extended to and include all such negro and mulatto slaves as herein before are mentioned and herein before are declared to be free and at liberty , and to the children of all such female slaves as fully to all intents and purposes , as the same ex tend to , comprehend , include or relate to any free negro or free mulatto whatever . Sect . 6. And whereas it is highly unjust that slaves , who are unhealthy or decrepit or incapable of getting their livelihood , should become burdensome to the country at the pleasure of their masters or mistresses under the pretence of setting them free , and it is equally unjust that such slaves after being discharged by their masters and mistresses should be again seized or claimed as slaves or liable to be so , and not be entitled to the privileges and protec tion of the law by reason of their masters or mistresses not giving 43 Indemnity security to indemnify the county ; -it shall and may be lawful for to county not all and every master and mistress of any negro or mulatto slave requisite to or slaves to manumit and set free and at liberty in manner and freeing slave ( 1 ) form , as is prescribed by the laws of this State , any negro or mu Jatto slaves or slaves without giving the security required by law to indemnify the county from any charge , such county may be put to in case of such slaves being sick or otherwise rendered incapa ble to support him or herself ; and if any such negro or mulatto so Liability of Masters manumitted and set free shall be under the age of ten years or renledy above the age of thirty - five years at the time of such manumission or shall of any age be unhealthy or decrepit or blind or Jame or maimed and incapable of getting his or her livelihood at the time of such manumission , then and in every such case the master or mistress , his or her heirs , executors , administrators or assigns shall be liable and chargeable for the maintenance and support of all and every such negro or mulatto at all times , that such negro or mulatto shall be incapable of getting his , ber or their livelihood ; and it shall and may be lawful for the Trustees of the Poor of the proper county to maintain an action for the maintenance and sup port of all and every such negro or mulatto against such master or mistress in any court of record in this State or before any judicial tribunal of competent jurisdiction : and as an additional remedy , it shall and may be lawful for the Justices of the Court of General Quarter Sessions of the Peace and Gaol Delivery to make an order , from time to time , on such master or mistress , bis or her beirs , ex ecutors , administrators or assigns for such sum or sums of money as will reimburse to the Trustees of the Poor of the proper county the expenses from time to time of the maintenance and support of all and every such negro or mulatto ; and the said Justices may make such order on such heirs , executors , administrators or as signs or on any of them , either separately or jointly , and in such shares and proportions as shall be agreeable to equity and good 40 restricted conscience : Provided , that if any such negro or mulatto shall be under the age of ten years at the time of such manumission and shall not be unhealthy nor decrepit nor blind nor lame nor maim ed , such master or mistress shall not be liable or chargeable for the maintenance and support of such negro or mulatto so under the age of ten years any longer , than until such negro or mulatto can be bound out agreeably to the provisions of the Act of the General Assembly entitled An Act for the relief of the poor , passed the twenty - ninth day of January , seventeen hundred and ninety - one , or of an Act entitled An Act enjoining certain duties on Justices of the Peace , Trustces of the Poor and constables , " passed the fourth day of February , eighteen hundred and eleven . Sect . 7. In all suits concerning , or brought by the Trustees of 46 proof of the Poor of any county for , the maintenance of any such negro or age of negro , mulatto manumitted and set free as aforesaid , and in all applica & c . on Master tions or controversies , which be made for or which arise before the Justices of the Court of General Quarter Sessions of the Peace and Gaol Delivery , the burden of the proof of the age or ages of any sachi negro or mulatto slave or slaves discharged or manumitted , as herein before mentioned , shall be upon the master or mistress , his or her heirs , executors , administrators or assigns . Passed at Dover , February 5 , 1819 . |
| Additional Information | – |
| Source | https://play.google.com/books/reader?id=XyJEAAAAYAAJ&pg=GBS.PA414&hl=en |
| 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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