Delaware State journal and statesman., 1863-04-21
PUBL ACTS.
AN ACT TO PREVENT ILLEGAL ARRESTS


IN THIS STATE.
wHHRRAa tho people Of this State both by the Consti
tuition OF the United States and the Constitution OF the
State Of Delaware, have the aht be In their
peAnns houses papers ami elilca against uurea enable
searche, and selzures and whereas The eIeituHy
2 guard the personal ibertyo tho people, the uonsu
son shall be deprived u le l6ert, or property with
out due process Of law and the Constitution Of e State
Of Dslawate provides that tbs accused shalt net hi
compelled give evidence against himself shalt le
deprived OF life liberty property unless by tho iudk-
ment OF bis peers or the law Of the and aud whereas
citizens OF his she IN vloaoa Of the provisions Of the
Coastitu ion Of the United aud Of the Constitution
d" the state Of Delaware have been arrested and tthon
therefore,
sseIioy !; Be q eaaoed BY he seate and Houie Of
sen6iy met, That any psrs0n Or persons shs within
The Limits Of this State arrest cause procure ard in
the arrest of any white citizen 81 III. stae or Of any
white nonresident beng at The mo Slthin tie limits
THIS state ubess such arrest shall be made upon legal
process Issued cr That purpose hy Judge Justice Of tho
Peace or some other officer duly authorized issue pro-
cess In criminal civil proceedings by laws If this
STATE or OF The United States unless sucl arrest he
mhde to prevent breach peace. or the commission
s0ule crime Hsens lhe LAWS Vi tins state or Of the United
sates-ld IN all whore arrests shall be- made
prevent breach Of the peAce the commission OF
crime against the laws Of this state OF the United
States, tbs person persons ARE ted shall be- forth
with and without any intermeliats incarceration taken
ue9te nlse Justice oi toe Peace, or other officer dpy
authorized " issue process In criminal to be dealt
with according to the course Of the law Of he
statute In such case made and pro vlIud and shall be
leased from Imprisonment uness then and there
duly charged On oath or alrmaton and il charged
shall be bailed II the case DO balable otherwise dealt
WIN according 10 the course OF common law or Of the
STATUTE III such ease maze anu provided lr unless tile
person arrested belong to tho land or naval service Of the
United states or TO TITO militia IN actual service such
person or persons SO offending shall DO guilty Of felony
aud upon conviction thereof shall forfeit ana pay fine
81 not less tAn hye hundred dollars NOR more than two
tiolsAnu uoals and shall be imprisoned not less than
Slt months nor more imam Two years.
sbcToN . be 1t tHdcied by the authority aforesaid,
That II any person shall abiuct take carry from the
h'la OF ms state any white citizen If this state or
aus wne Nonresident being al the time within the lin
" OF s st'lo' or Ahai eauss, procure assist Of aid
sae Hpuueol 'ASns OF carrying IRON the limits OF TINS
elais NY su5h ct4en or hins'ient nes. such person
20 abd9rtd Ia en- or Garfield without the limits VI the
lehnhl oil Tue Executive auhurity of some other state
u conformity with ihs Visions at tho tonstitutinn Of
NE United StA' IA thar btt or IN ass the person
aoune.1u' lHkv or carried away shan peoug 70 the land
or naval SERVES nl the United state nf to the milith
Wheh IN aeluh service 81 person or persons 10 oleiu
ing shall be guilty Of felony aud upon conviction thereof
shsl oret aud lay fine Of not less than hre hundred
dollars NO more than two thousand dollars and shall be
Imprisoned moi es than SIX months nor more than two
years. . "a =,
shefloh j. be u enucied W ne dAih9lHy dIOresatd
That u any person or persons shall make procure,
cause to be made, any affidavit statement under oath