Delaware State journal and statesman., 1863-04-14
PUBLIC ACTS.
AN ACT TO PREVENT ILLEGAL ARREST
IN THIS STATE.

IN THIS STATE.
WHRRsAs the people Of this State both by tho Consti
tuition or the United States and the Constitution the
state Of Delaware have the right 10 be secure In their
PERSONS houses papers and effects against
y guard the personal lbary0f th5 people tn. uonstu
lion Of the United States expressly provides that no per
son snail he deprived VI lie bsrl, property with
out due process Of Aw and the Constitution OF the State
Of Delaware provides that the accused shall not be
compelled T. give evidence against himself shall he
uepNeu OF NE, hptr OF property unless by the judg
men Oh his eors or the law Of the landn aud whereas
citizens OF this state IL violation Of the provisions Of the
SonRlu OF TIE uued States and of the Constitution
OF the state OF Delaware have bssu and taken
therefore,
SECTION l. De il enacted by The Senate and House Of
RePn sentaires Of the Staie Of Dsilgrs in Gserd A.
Renbiy MT, That IL any person or persons shall within
the limits o this state arrest or cause procure Or aid IN
the arrest Of any white citizen VI this State or OF any
white nonresident being at tho tmo within tic jmt u
this state nhless such shall bs made upon legal
process Issued for that purpose by Judge Justice the
Peace or some other officer duly authorized 10 issue pro-
cess In criminal or civil proceedings by the laws Of this
State Of the United States or unless such arrest be
made To prevent breach Of peace or tho commission Of
some crime against the laws OF this State Of the United
ai IN ~ eases where arrests Ahhil Dc mads 10
prevent breach Of the peace the commission Of some
crime against tho laws OF this State Of the United
sateH the person or persons 50 arrested shall be forth
with and without any ntsrme Hate taken
before Judge, Justice Of the reaee or ether officer duly
authorized 10 Issue process In criminal to lie dealt
with according to ths Of the law the
statute In such case made and provided aud shall he
leased from imprisonment arrest unless then aud there
duly charged on oath afirmAtiOn and II charged
shat be baed the case be baable, otherwise dealt
with according to the common law or of the
statute in such made and proyidad-or unless the
person arrested belong to the land naval service the
United States, the militia in actual servIc snch
person Or IefsOus offending shall be guilty of felony
and upon conviction thereof shall 1lfe pay fine
of not less than five hundred dolnra nor mara tan Two
thousand dollars aud shall be imprisoned not ess than
six months nor more than two years.
sRcrloN g. lie IL enacted by he authority aforesaid
That any person shall abdnct take carry from the
limits Of this state any white citizen Of this state,
any white onresident being tho within the lin
its OI this state shall cause PROCURE assist or aid
me hOducon taking or carrying from the limits of this
stale any such clifton nonresident unless such person
20 AuuIete taLen o. carried without the limits Of the
STATE ahall to Iny delivered up hpon the reqnatlon or
demand Of the Executive authority Of other sato
"a conformity With the provisions Of the Constitution Of
me United states In that behalf OF nn esq the
abducted taken carried away shall belong to the land
or naval service VI the United States the militia
when In actual SERVICE such person persons Offend
Ing shall be guilty Of felony and upon gction thereof
shall forfeit and pay fine Of mt less than i've hundred
dollars than two thousand dollars and shall h
Imprisoned not less than six months nor than two
years.
SECTION D. Be il eaGcfed BY he authority dtorssaid
That II any person or persons shall mike, procure,
cause to be made any affidavit statement under oath
or atrmAton for the purpose with the intent OF pro-
curing o. causing the arrest OF any white citizen Of his
state Or any hte nonresident beng the with
In the limits Of his State before any person persons
ndtAuthozad by the laws VI this state, OF the United
States 10 take such affidavit, deposition, statement
under oath or affirmation with the intent of procuring
oAuAng the arrest of any white citizen of this State OF
any white nonresident aforesaid by any acting
under the military authority OF any other State OF the
uhed eltes aud mot acting by virtue uf legal process
or stall MAKE such affidavit with the intent procuring
o. causing the abduction, removal, taking. carrying
out Of the limits Of this state any white citizen of this
StAo, or any while nonresident aforesaid, contrary
the laws OF this State OF lh United SAos such person
80 offending shall BIO guilty OF felony and upon e0nyic
ton Thereof shall forfeit and pay hne tf not less than
hue hundred doala mora than two thnuHand dollars
and shall be imprisoned not less than six months
more than two years
SECTION 4 Ind be Il further eadetei BY he auliniiy
aDresdid, That tbs judges presiding at the April Term
Court o. henofa Sessions OF tue peAre aud jail De-
livery IN Sussex and Kent Counties and the May Ieru
Of said Court in New Castle County shall give Sections
l, 2and a this act specially iu charge u thu Granl
Juries in The respective ties
l. John y Pennington Clerk Of the House OF Repro
fentsyes OF the Slate Ol Delaware, being AUTHORISED by
Resolution of said House have tue uisgOns act CHI
titled act to prevent Illegal Arrests III this state
published III " Tie J0ufn and sfacsmdn,n DcidiUi l.
rsdn" and the " GeoryttyDn MsAeager Tor tue period
Of two mouths do h rsnJ certify that tho above aud
foregoing Is true copy Of said act passed 1t Dover te
rulry -, ls63
In witness whereof, have horsunto rot my h,nd as
Clerk OF the House Vi Representatives, ths 2Jh day OF
March, A. b. one thousaad ei-ht hundred and sxty-
three JOHN Il. PENNINGTON,
sp Bpm Clerk Of the House OF Representatives..