Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-04-17
PUBLIC ACTS.
AN ACT To PREVENT ILLEG VI ARRESTS
In THIS STATE

IN THIS STATE.
wHeRsAa the people Of this State both by the Conatl
utl'r " the Unitud States and the Cousitu,u Of the
state Of Delaware have tina right To be secure in their
pe sons houses papers and elects against unreasonable
searches aud seizures and whereas tho eecually
to guard the personal bertyuf the people, thu Conatiu
lion Of the United States expressly provides that no per
shall DO deprived VI lie liberty property with
out due process Of law and the Constitution Of the State
Of Delaware provides that tbs accused sna not be
compelled u give evidence against himself nor shall De
deprived NJ life lib rty property unless by the judg
nent OF his Ieers tile law Of the land md whereas
citizens Of this stale in ylnaiuA VI tho rnv VI no
Copsu Ion Of the United States and Of tha Constitution
Of the Satdo Of Delaware been arrested and taken
nu Of tho State and deprived of their liberty Now
therefore.
SECTION !. Be II snseird By he Sen ne and Hoiie Of
Rrp senidiitsa Of fhe Aue Of DsiwHe III Gtnsrdl A.
senbiy met That II any persun persons III ILL within
the limits Of this state arrest cause procure ard Ia
the arrest Of any white citizen of this state Of auy
white nonresident being al tue time within the limits ut
This state uNless such arrest shall be made upon egi
process issued fur that purpose by Judge, Justice o the
peare other officer duly authorized 10 issue pro.
In criminal civil proceedings by tho laws Of ihE
stats or OF the United States, unless such arrest be-
made prevent brsieh Of peace or the com mission "
some crime againat tho laws this the United
state and IN all cases where arrests shall bu made
prevent bfeaeh Of the peace the commission Of
crime against the laas Of this state VI the United
States ths person or pesOns ted shall be forth
with and without any intermediate Incarceration taken
before Judge, Justice Of tue Peace, other Ohcer duly
authorized iu Issue prOress IN urmiDAl cahes To he dealt
with according 10 the course OF the law OF he
statute IN such case made aud provided and shall IN
leased fom imprisonment or areat unlesh theR aud thee
duly charged on oath or affirmation, and II charged
snail ht bh0d II the CHB be la liable otherwise dealt
WIN according TO tho course Of eommnn law OF tue
statute In sHcn made and proYiied-ur unless the
person arrested belong to the land naval Service Of the
United states or 70 tna militia In actual seryo such
person OF persons ~ offending shall lie guilty Of felony
aud upon eonvletion thereof shall forfeit pay Ind
Of lot eAs than five hundred dollars than Two
hOuraud dollars, sud shall be imp nod mot les, than
six mouths nor more than two years.
sLurios . BE II Enacted By ne authority aforesaid
That If any person shA Abduct take, or carry ou the
limits nj this stale, any white citizen # tus STATE or
any white on.resdpnt being At the tims within he lin
aaiaIf ~ MD
the abduction, taxing carrying from the hin
staa any such cit len or uoresden unless such person
w ADDICTED taken or carried without the limits II the
Stale, shall lie duly delivered up hpon tho ieqnsnu or
demand Of the Executive authority of oher state
~ conformity with the pr visions Of tho Gunsiutnn OF
no lni'sd states IN hat beiat Or un esq tue pr,c
abducted taken Or carried away ihall belong the tud
"l naval servre OF the United States tl the mii
When ~ actual service 81 person OF persons offend
lug shall be guilty Of aOny aud upon conviction thereof
ANAL forfeit aud pay tne Of not less than hga uunrrd
dnlars no more than two thousand doAr and shall he
Imprisoned not less than slE months than two
sBcrIoN o. he II ,nacied BY the authority atoresai
That II any person or perscns shall make proente or
cause to e made any affidavit statement under oath
Affirmation, for the purpose or with thu intent of pr-
curling ~ causing the afea OF any white esen VI his
hAte any whits Nonresident being ut the time with
In the limits Of ibis sian bafrs ANY reraon or n.rsons
ip auhoFed by the laws OF this State, VI the Unad
states, to take such affidavit DEF 1sidou or a,a eunnt
under cath or Affirmation, with the intent Of procuring
causing mo arrest OF hny white citizen OF this state
any while Nonresident aforesaid. by auy prson acting
under the military authority Of any other state OF OF lie
or sua make such affidavit with the nieut vi procuring
o. causing the abduction removal, taking. or carrying
out NJ the lnts VI this state any white Citizen Of hi
stN u any white Nonresident aforesaid contrary To
the laws OF this State Of TIT United satos such prfson
50 Offending shall be guilty Of felony aad upon unys.
on thrrei shall forfeit aud pay q not less than
fine hundred dollars than Thousand dollars
and shall b. imprisoned ass than six months NOR
more than two years
SECTION Z, lad be il further enacted b. The auftotnv
aoTssd That the Judges presdns at the April erm o
the Court Of Ueneral Sessions OF the Peace and J d.
livery IN sussex aud Kent Counties aud At tbs May Term
OF said Court IN New Castle County shall give Section.
land 81 this act specially u charge II the Gtamu
| Jutiss Ia the respective counties
J., John u. Pennington, CLERK Of the House OF Rerrs
teniAte!t The siaienf Delaware being aulhor4si b,
Resolution Of SAID House To have the foregoing att IN
titled An act 70 prevent Illegal Arrests in this state
published In " The JouiHgi and Sd'esmGn" Uriatpi
rgdH" and the GeoryioWn M-seHger' for the per.o,
ct two mon'hs, do hereby certify mat the Stove An,
foregoing Is true copy OF SAID act passed Al Dover Fe
iuary -, 1868
In Witness whereof, have hereunto set nv HIND A
Clik Of the House Of Represent itlyes tbs 18th dty
March, A. D. one thousaad ei.ht hundred and Hi1t,
! three. JOHN B PENlyGIDN
ap 1.sn, CLERK Of the House Of IsIre.enlstits,.