| Date | 1752 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | CHAP. CXXVI. a. An Act against menacing, assault, and battery |
| Description/Full Text | Section 1. BE it enacted by the honorable James Ha- milton, e?q. with his Maje?ty's royal ap- probation, Lieutenant Governor and Conniander in Chief of the counties of New-Ca?tile, Kent, and Su?ex, upon De laware, and province of Penn?ylvania, by and with the advice and con?ent of the Repre?entatives of the freemen of the ?aid counties, in General A?embly met, and by the authority of the ?ame, That who?oever ?hall menace, af?ault, or beat, his or her parent, and ?hall be duly (Puni?hment for ?uch as a??ault, &c. parents) convicted thereof in any Court of Quarter Se??ions within this government, upon complaint fir?t made by his or her parent, he, ?he, or they, ?o offending, Thall fuffer impri?onment for any ?pace of time not exceeding eighteen months, during which time he or The ?hall be kept at hard labour. (A??ault and battery fineable at the di?cretion of the court.) Sect. 2. And be it further ena?ted by the authority afore?aid, That if any per?on or per?ons ?hall, at any time, after the publication of this act, commit an af- fault or battery on the per?on of another, and be duly convicted thereof in any Court of Quarter Se??ions within this government, he, The, or they, ?o offend- ing, and convicted as afore?aid, ?hall be fined, at the di?cretion of the ?aid court before whom fuch conviction is had, according to the heinou?ne?s of the offence, which fine ?hall go to the u?e of the Gover- nor for the time being, towards the ?upport of go- vernment. (Free Negroes, &c. convicted, to be fined, &c.) Sect. 3. Provided always, and be it enacted by the authority afore?aid, That if any of the per?ons con- victed as afore?aid, be a free Negro, or Mulatto, he, The, or they, ?hall be fined by the court before whom ?uch conviction is had, as afore?aid, in any ?um not exceeding Ten Pounds, and not le?s than Five Pounds, to be appropriated as afore?aid; and for want of goods and chattels, to pay the ?aid fine, and co?t of pro?e- cution, he, the, or they, ?hall be adjudged to make ?atisfaction by ?ervitude, for any term or time not ex- ceeding four years, and be publicly di?po?ed of as a ?ervant, by the Sheriff of the re?pective county where ?uch offence ?hall be committed. (Menacing or a??aulting of Magi?trates, fineable at di?cretion of the court) SECT. 4. And be it further enacted by the authority afore?aid, That if any per?on or per?ons ?hall menace, a??ault, or beat, any Magi?trate, or Ju?tice of Peace of this government, in the execution of his of- fice, and be duly convicted thereof, he, The, or they, to offending, and convicted as afore?aid, ?hall be fin- ed at the di?cretion of the ?aid court, to be levied and applied as afore?aid. Sect. 5. And be it further enacted by the authority afore?aid, That if any indented or adjudged ?ervant, or ?ervants, ?hall a??ault, or beat, his, her, or their ma?- ter, or mi?tre?s, and be legally convicted thereof by one credible witne?s at lea?t, be?ides the oath or affir- (Penalty on ?ervants a??aulting their ma?ters, &c.) mation of his or her faid ma?ter or mi?tre?s, before two Ju?tices of the Peace for the county where ?uch. offence ?hall be committed,, ?uch ?ervant or ?ervants fo offending, and convicted as afore?aid, ?hall be adjudg- ed by the ?aid ju?tices, to ?erve his, her, or their mal- ter or mi?tre?s, for every ?uch offence, after the expi- ration of their indenture, or adjudged time pur?uant to law, any term or time not exceeding fix months ; and the ju?tices, before whom ?uch conviction and adjudication as afore?aid, ?hall be had, are hereby ordered to keep a fair book of record of the whole proceedings, which record ?hall be as available in law, as if the ?ame ?ervant had been adjudged by any Court of Record within this government. And that the ?aid ju?tices, before whom ?uch conviction is had, and adjudication made, lhall, for recording the ?ame, and giving a tranfcript thereof, receive the ?um of Two Shillings and Six-pence each, to be paid by the ma?ter or mi?tre?s requiring the ?ame, (Negroes, &c. a??aulting white per?ons, how to be puni?hed) Secr. 6. And be it further enacted by the authority aforefaid, That if any Negro or Mulatto llave fhall affault or beat any white per?on or per?ons, he, the, or they, ?o offending, being duly convicted thereof before one Ju?tice of the Peace for the county where ?uch offence thall be committed, ?hall be adjudged by the faid ju?tice to ?tand in the pillory, for any ?pace of time not exceeding two hours, and be publicly whipt with any number of la?hes not exceeding thirty- nine, on his, her, or their bare back, well laid on. Sect. 7. And be it further enacted, That the law of this government, entituled, An act again?t menacing, a??ault, and battery, ?hall be, and is hereby repealed. |
| Additional Information | – |
| Source | Delaware., Delaware. General Assembly. (1797). Laws of the State of Delaware. Wilmington, Del. Slavery & Freedom in Delaware 1639-1865, William H. Williams |
| 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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