| Date | 1779 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | An ACT for the better proportioning the puni?hment to the crime of ?ave and hor?e-?tealing ,and conjuration, and for other purpo?es. |
| Description/Full Text | Preamble WHEREAS it becomes the wi?dom and policy of every ?tate in the penal laws thereof, to proportion puni?hments to crimes, as nearly as pof- ?ible; to do ju?tice in mercy, and to reclaiin rather than de?troy : And whereas the laws in this ?tate here- tofore made for the puni?hment of Nave- and hor?e- ?tealing have, from their exce??ive ?everity, been ?el- dom or never executed; by means whereof ?uch of- fences have greatly increa?ed of lare years within this ftate, to the great damage of the inhabitants. For the more effectual remedy thereof, Every per?on ?tealing any ?lave, hor?e, &c. SECTION 1. BE it enacted by the General A??embly of Delaware, and it is hereby enacted by the authority of the ?ame, That every perlon who ?hall hereafter ?teal, take or carry away any Negro, or Mulatto ?lave, hor?e, gelding, mare or colt, als or mule, or aid or a??i?t any per?on or per?ons in committing ?uch of- fence, or who ?hall receive or buy of any ?uch felon or a??i?ting, &c. ?uch per?on, or felons any Negro or Mulatto llave, hor?e, gelding, mare or colt, als or mule, knowing the ?ame to be ftolen ; or Thall knowingly harbour or conceal any felon or felons before mentioned, or be a??i?ting to the and being duly conviced ?hall re?tore double the value thereof &c. e?cape of ?uch felon or felons, knowing him, her or them to be luch, and ?hall be thereof legally convict- ed in any court of General Quarter Se??ions in this ?tate, in the county where the offence may be com- mitted, he, the or they ?o offending, lhall re?tore ?uch flave, hor?e, gelding, mare or colt, a?s or mule, to the right owner thereof, and pay to the ?aid owner double the value of the fame; or if the ?ame ?lave, hor?e, gelding, mare or colt, a?s or mule cannot be found, then the fourfold value thereof with the full co?ts of profecution: And Mall be whipped at the public whipping-po?t of the county, on his, her or Their bare back with thirty-nine lathes well laid on; and ?hall be ?et in the pillory for one hour, and ?hall have the ?oft part of one of his, her or their ears cut off. Value of ?uch ?laves, &c. how a?certained Sect. 2. And be it further enacted, That the va- lue of the flave, hor?e, gelding, mare or colt, a?s or mule ?tolen, taken, received or bought by the of- fenders in this act de?cribed, ?hall be a??e??ed by the jury who pa?s upon the trial of ?uch offender or offend- ers In?olvent offenders to make re?titution by ?ervitude Sect. 3. And be it further enacted, That if any of the offenders before defcribed thall be unable to pay the fines, forfeirures or co?ts before ordered and di- rected, upon conviction, he, the or they, for the payment thereof, ?hall by order of court to the Sheriff, be told as a ?ervant for any ?pace of time not exceed- ing ?even years. And whereas it is of ill con?equence to fociety to ?uffer de?igning and wicked per?ons, by pretending to ?kill in witchcraft or conjuration, to impo?e on the folly and credulity of weak and ignorant people : To prevent ?uch impo?ition therefore, Persons pretending to ?kill in witchcraft, conjuration, &c. how puni?hed. SECT. 4. Be it enacted by the authority afore?aid, That if any per?on hereafter ?hall pretend to ?kill in witchcraft, conjuration or fortune-telling or dealing with evil ?pirits, and under luch pretence' fhall per- fuade or cheat any per?on out of any money, goods or chattels, and be thereof legally convicted before any court of General Quarter Se??ions of the Peace where ?uch offence ?hall be committed, he, ?he or they fo offend- ing and convicted as afore?aid, ?hall return to the perion ?o cheated, the goods or chattels of which he or ?he was defrauded, and the value thereof in money, or double the money of which he or ?he was defraud- ed; and if unable to pay the forfeitures hereby im- po?ed, and the co?ts of pro?ecution, he or ?he ?hall be publicly ?old for the ?ame by the Sheriff, by order of the court before whom the conviction Thall happen, for any term not exceeding ?even years. Parts of former acts repugnant to this, declared to be repealed Sect. 5. And be it further enacted, That ?o much of an act of A??embly, intitled, An act for the more effectual preventing and puni?hing the evil and wicked practices of hor?e-fealing and other felonies and offences committed within this governinient, as is hereby altered, and that part of an act of A??embly, intitled, An oft for the advencement of ju?tice, and more certain admini?tration thereof, which' extends to this ?tate, a ?tatute made in the fir?t year of the reign of King James the Fir?t, chapter the twelfth, intitled, intitled, An aet again?t conjuration, witchcraft and dealing with evil and wicked ipirits, is hereby repealed and made null and void. Claus?e in a former act puni?hing capitally the concealment of the death of a ba?tard child, repealed Sect. 6. And be it further enacted by the authority fore?aid, That the clau?e in the act of Af?embly, in- titled, An act for the advancement of ju?tice and more cer- tain admini?tration thereof, which makes the con- cealing of the death of a ba?tard child felony of death, is hereby repealed, made null and void. |
| 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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