| Date | 1740 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | CHAP. LXXVII. a. An act for the better regulation of servants and slaves within this government. |
| Description/Full Text | Preamble. FOR the due encouragement of ?ervants in the di?charge of their duty, and preventing of their defertion from their ma?ters or owners ?ervice; and for the di?couraging of ?uch who corrupt, entertain, traffick or deal with any ?ervant or ?ave : Section 1. BE it enacted by the honorable George Thomas, e?q. by and with bis Maje?ty's royal appro- bation, Lieutenant Governor and Commander in Chief of the counties of New-Ca?tle, Kent, and Su??ex, up- on Delaware, and province of Penn?ylvania, by and with the advice and con?ent of the Repre?entatives of No ?ervant to be ?old into another Government, without the approbation of at lea?t one justice, &c. the freemen of the ?aid counties, in General A??embly met, and by the authority of the ?ame, That no inden- tured ?ervant, or per?on bound to ?erve his or her time in this government, ?hall have the term of his or her ?ervitude, or any part thereof, alligned, tran?- ferred or ?old to any per?on re?iding in any other pro- vince or government, without the content of ?uch ?ervant, and the approbation of at lea?t one Ju?tice of the Peace of the county, whereof the ma?ter or owner of ?uch ?ervant is a re?identer, under penalty of Ten Pounds, and the ?aid a??ignment and fale Thall be void. Nor a??igned over, but in the preence of one justice Sect. 2. And be it further enacted by the authority That no indentured ?ervant within this go- vernment, ?hall have the time of his or her fervitude, or any part thereof, a??igned, transferred, or fold to any other per?on within this government, but in the pre?ence and with the approbation of one Ju?tice of the Peace of the county whereof the ma?ter or owner of ?uch ?ervant is a re?identer, under the penalty of Five Pounds, and the a??ignment and ?ale ?hall be void. nore indentures taken, &c. ? Sect, 3. And be it further enacted by the authority afore?aid, That no per?on or per?ons what?oever, ?halí upon any pretence or con?ideration what?oever, take or receive any indenture of ?ervitude or apprentice?hip from any per?on or per?ons what?oever within this government, but in the pre?ence and with the approbation of one Ju?tice of the Peace of the county where the party taking ?uch indenturé dwells, under the penalty of Five Pounds, together with co?ts of pro- fecution, to be paid by the ?aid indenture ?hall be void. The allowance to ?ervants, at the expiration of their ?ervitude. Sect. 4. And be it. further enacted by the authority afore?aid, That ?uch ?ervants as ?hall be imported in- The allowance to this government, and truly ?erve his or her time the expiration of mentioned in his or her indenture, ?hall, at the their ?ervitude. expiration of the term of his or her ?ervitude, have a di?charge from his or her ma?ter or mi?tre?s, and by them be cloathed with two ?uits of apparel, whereof one ?hall be new, to be approved by at lea?t one Ju?tice of the Peace upon complaint to him by ?uch ?ervant becoming free. Servants ab?enting them?elves, ?hall make ?atisfaction, &c. Sect. 5. And for the prevention of ?ervants ab- ?enting them?elves from their ina?ter's or mi?tre?s's ?ervice, Be it enacted by the authority afore?aid, That from ?uch time as any ?ervant ?hall ab?ent him or her- ?elf from his or her ma?ter or mi?tre?s's ?ervice, without leave fir?t obtained for the ?ame, every ?uch ?ervant, for ?uch ab?ence, and expences of taking up, ?ecur- ing and other nece??ary charges, lhall, at the expi- ration of the time of his or her ?ervitude, make la- tisfaction by ?ervitude, according to the judgment ef any Court of Quarter Se??ions within this govern- ment, before which the ?aid ?ervant ?hall be brought for that purpo?e. Notice to be fiven of the taking up of runaway ?ervants, &c. Secr. 6. And be it further enacted by the authority afore?aid, That if any per?on ?hall apprehend or take up any run-away ?ervant, and carry him or her be- fore the next Ju?tice of the Peace of the county where ?uch fervant ?hall be ?o taken up, in order to be ?ent to and ?ecured in the gaol of the ?aid county, for his or her ma?ter or mi?tre?s's ?ervice (whom the Sheriff of the ?aid county, or the Gaoler, is hereby com- manded to receive, and immediately to ?end notice thereof to the ?aid ?ervant's ma?ter or mi?tre?s, if the ?ame can be known, and if not known, the ?aid ?er- vant to be adverti?ed in ?ome public news-paper of the city of Philadelphia, for the ?pace of one month next after ?uch ?ervant's commitment). At the dif- charge of ?uch fervant, the ?aid Sheriff or Gaoler ?hall pay to the taker-up of ?uch ?ervant, or his order, as follows, That is to ?ay, If the place of the taking-up Reward for taking up runaway ?ervants, &c. the ?aid ?ervant be ten miles di?tant from the place of the ?aid ?ervant's la?t abode, or under, the ?um of Ten Shillings, and if upwards of ten miles, the ?um. of Twenty Shillings, and to all others concerned in the carrying to prilon or fecuring the ?aid fervant, ?uch fum or ?ums of money as by the ?aid ju?tice, or any other ju?tice, ?hall be allowed rea?onable. And the ?aid Sheriff or Gaoler ?hall detain the ?aid ?ervant in pri?on until the ma?ter or mi?tre?s of ?uch ?ervant ?hall pay unto him for the taking-up, together with the charges of committing, ?ecuring, maintaining, When they may be ?old by Sheriff. and all other neceffary expences ari?ing upon ?uch ?er- vant. And if the ma?ter or owner of ?uch fervant fo impri?oned as afore?aid, ?hall, for the ?pace of ?ix weeks next after notice had of his or her fervant's impri?onment, neglect or refu?e to relea?e ?uch ?er- vant, it ?hall and may be lawful for the ?aid Sheriff, and he is hereby required and commanded, upon affi- davit made of the due fervice of ?uch notice, to ex- po?e every ?uch ?ervant to ?ale at public vendue, and him or her to ?ell to the highe?t bidder, for ?uch term and ?um as ?hall be ?ufficient for the defraying the co?ts and charges ari?ing upon the apprehending and impri?oning the ?aid ?ervant. Su?picious per?ons travelling without a pa?s ?hall be deemed runaway ?ervants. Sect. 7. And be it further enacted by the authority afore?aid, That if any ?u?picious per?on thall be taken up, travelling in or through this government, with- out having a fufficient pafs, figned by ?ome ju?tice or proper officer of the place from whence he or lhe came, approved and renewed by ?ome Ju?tices of the Peace in the parts through which ?uch per?on hath travelled, or ?hall not otherwi?e be able to give a good and ?a- tisfactory account of him or her?elf to the ju?tice be- fore whom he or ?he ?hall be brought, ?uch per?on thall, by the ?aid ju?tice, be committed to the gaol of the county where he or ?he thall be taken up, and be deemed to be, and dealt withal, as a run-away ?ervant. Allowance to the Gaoler for the maintenance of ?ervants, &c. Sect. 8. And that no Sheriff or Gaoler within this government, ?hall allow or receive, for the mainte- nance or victualling of any ?ervant, ?lave, or other per?on committed to gaol as a ?ervant, any more than at the rate of Two-pence per day for ?uch mainte- nance. Penalty on per?ons dealing with ?ervants or ?laves Sect. 9. And be it further enacted by the authority afore?aid, That if any per?on or per?ons, from and after the publication of this act, ?hall pre?ume to deal, trade or barter with any indentured ?ervant, or Ne- gro or Mulatto Nave, belonging to any per?on within this government, without the con?ent, approbation, or allowance of the ma?ter or owner of ?uch ?ervant or ?lave, from time to time, fir?t had and obtained, ?pecifying and limiting the particular ?um for which ?uch ?ervant or Nave, at every ?uch time, are permit- ted or allowed to deal, trade or barter for, as afore- ?aid, and be thereof duly convicted, by the te?timony of one or more credible witne??es, or otherwi?e, be- fore any three ju?tices of the county where any ?uch offence ?hall be committed, to be heard in any tiine of the vacation, the offender, for ?uch his or her fir?t offence, ?hall be fined, in any ?um not exceeding Five Pounds, and for the fecond, in any ?um not ex- ceeding the ?um of Ten Pounds, together with co?ts, and be obliged to enter into a recognizance with ?uf- ficient ?urecies for his or her good behaviour. And in ca?e any ma?ter or mi?tre?s ?hall complain to any two Ju?tices of the Peace of any county within this go- vernment, again?t any per?on inhabiting the ?ame, that he or ?he hath ju?t rea?on to ?u?pect and believe, that the faid per?on doth deal, trade or barter with his or her ?ervant or flave, contrary to the intent and meaning of this act, and the laid ju?tices ?hall judge ?uch ?uipicion ju?t and rea?onable ; then the ?aid juf- tices are hereby impowered and required, to oblige every luch per?on to complained of as afore?aid, to enter into ?uch recognizance as afore?aid. Whoever manumits a ?lave, &c. ?hall give ?ecurity to indemnity the county Sect. 10. And whereas it is found by experience, that free Negroes and Mulattoes are idle and nothful, and often prove burthen?ome to the neighbourhood wherein they live, and are of evil example to flaves; Therefore be it enacted by the authority afore?aid, That any ma?ter or mi?tre?s, ?hall, by will or other- wi?e, di?charge or ?er free any Mulatto or Negro ?lave or flaves; above the age of thirty-five years, or de- crepid or infirm, he or ?he, or his or her executors or admini?trators, at the next respective County Court of Quarter Se??ions, ?hall enter into a recognizance with lufficient fureties, to be taken in the name of the Trea?urer of the ?aid county for the time being, in the ?um of Thirty Pounds, for each ?lave ?o ?et free, to indemnify the county from any charge they or any of them may be unto the ?ame, in cate of ?uch Ne- gro or Mulatto's being ?ick, or otherwi?e being ren- dered uncapable to ?upport him or her?elf; and that until ?uch recognizance be given, no ?uch Mulatto or Negro ?hall be deemed free. The children of free Negroes to be bound out to ?ervice. Sect. 11. And if any free Negro or Negroes hav- ing children, are not able to maintain or ?upport them, it ?hall and may be lawful to and for the two next Ju?tices of the Peace, and they are hereby re- quired, together with the Over?eers of the Poor of the hundred where the ?aid Negro or Negroes ?hall dwell, to bind out to ?ervice luch Negro children, the males until they ?hall come to the age of twenty one years, the females until they ?hall come to the age of eighteen years. Penalty on free Negroes entertaining ?ervants or ?laves. Sect. 12. And be it further enacted by the authority afore?aid, That if any free Negro or Mulatto fhail harbour or entertain any ?ervant or ?lave in his or her hou?e or habitation, without the leave and con?ent of ?uch fervant or flave's ma?ter or mi?tre?s, ?uch free Negro or Mulatto ?hall forfeit and pay the ?um of Five Shillings for the fir?t hour, and Two Shillings for every hour afterwards, during the whole time that ?uch ?ervant or llave ?hall be ?o harboured or en- tertained ; and if any free Negro or Mulatto ?hall Free Negroes, &c. dealing with ?laves ?hall make res?titution, and be whipt. barter, trade or deal with any fervant, or Negro, or Mulatto ?ave, without licence had as afore?aid, he or ?he ?hall make re?titution to the ma?ter or owner of ?uch ?ervant or ?ave, and al?o be publicly whipt with any number of lalhes not exceeding twenty- one Or being unable to pay, &c. ?hall make ?atisfaction by ?ervitude. Sect. 13. And be it further enacted by the authority afore?aid, That if any free Negro or Mulatto ?hall refule, or be unable to pay his or her fine or forfei- ture, or to make reftitution as afore?aid, it ?hall and may be lawful to and for the ju?tice before whom fuch matter thall be tried, to order the ?aid free Negro or Mulatto offending, to make ?atisfaction to the party injured, by ?ervitude. Reward for taking up ?laves, above ten miles from home. Sect. 14. And be it further enacted by the authority afore?aid, That who?oever ?hall take up any Negro or Mulatto ?ave, at above ten miles di?tance from his or her ma?ter or mi?tre?s's habitation, and not having leave, in writing, from his or her ma?ter or mi?trels, or not being known by the taker-up to be about his or her ma?ter or mi?tre?s's bu?ine?s or fer- vice, and ?hall convey him or her to the habitation of bis or her ?aid ma?ter or mi?tre?s, if known, ?uch taker-up ?hall receive, of the ?aid ma?ter or mi?tre?s, for his reward, the ?um of Five Shillings, with rea?on- able charges. Penalty on harbouring or concealing ?ervants or ?laves Sect. 15. And be it further enacted by the authority afore?said, That no per?on ?hall employ or knowingly harbour, conceal or entertain another's ?ervant or flave at his or her hou?e or plantation without the ma?ter or owner's leave and con?ent, except in di?- tre?s of weather, or other extraordinary occa?ion or accident, under the penalty of Forty Shillings for every twenty-four hours he or ?he Thall entertain any ?uch ?ervant or ?lave, as afore?aid, and ?o in propor tion for any le??er time, How the fines, &c. are to be recovered and di?po?ed of. SECT. 16. And be it further enacted by the authority afore?aid, That all the fines and forfeitures ari?ing by this act, together with the re?pective co?ts, ?hall be recovered by di?tre?s and ?ale of the offender's goods re?pectively, by warrant under the hands and ?eals of the ju?tice or ju?tices before whom the offender or offenders ?hall be convicted, and ?hall be paid, the one moiety to the Over?eers of the Poor, for the u?e of the poor of the town or hundred where the offence or offences ?hall be committed, the other moiety there- of to the party or parties aggrieved. |
| 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 | – |
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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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