Delaware State journal and statesman., 1863-06-02
PUBLIC ACTS.
AN ACT TO PREVENT ILLEGAL ARRESTS
IN THIS STATE.

le IN 4.
uton 9 ne United States and the Constitution OF the
state Of Delaware have the right to bo secure in their
persons houses papers and ELECTS against
searches and sezures aud wherens the more eieetuA
70 guard the personal lberyoi the people, hs Constllu
lion Of he United States expressly provides that no per-
son shai Dc deprived OF lie, liberty property with
out due oceFs of law The Constitution of e State
Of Delaware provides that the accused shall not be
compelled 10 give evidence against himself nor shall Le
deprived Of lite liberty property unless BY te ude
ment oi his peers the law Of the land aud whereas
citizens Of this State In violation of the proysons o tbe
C0nsiiu Ion of the United States aud Of the Constitution
OF the state of Delaware have been arrested and taken
therefore. ' N'''
sEc1IoN /; Be il enacted BY the Sen1te and House of
hPrssehahres o. the Mme Of Deincare in General As-
ssmOty met IhAt any person persons shall within
the limits Of this State arrest or cause procure or sd in
lhe arrest Of any white citizen OF this state or of any
white nonresident being at the time within the limits vi
thla state, uhess such arrest shall be made upon legal
process Issued for that purpose by Judge Justice Of Tie
Peace, or some other officer duly authorized 10 issue pro.
cess In criminal civil proceedings by the laws III his
State or Of the United States unless such arrest be
made to prevent breaeh of peace the commission o
some crme against the laws this state or o the United
state'and in all cases where arrest, shall be made 10
prevent breach u the peace the commits ion of some
o,ne Agant tue laws OF this state OF the United
states he person or persons arre,ted shall be forth.
WIN anu without any intermediate incarceration taken
pevrs judge Justice Of tue Peace, other officer duly
authorized to issue process In criminal eaHea to be dealt
with according to tho course Of the the
NAuie IN Auch case made and provided and shall be
leased from imprisonment unless then and there
duly charged on oath or Affirmation and il so charged
hh pe bAeu u lhe case DO balable otherwise dealt
win according to the course OF law or Of the
statute In snen case made and providedor unless the
person arrested belong to the land service Of
United States or to the militia In actual service such
person or persons offending shall he guilty Of felony
aud upnncnnVctlun thereof shall forfeit and nav Due
Of not less than five hundred dollars nor more than two
thousand dollars and shall be mpri ned not less than
aiK months nor more than two years.
SECTION .. BE Il eHastei BY he authority aforesaid
Ihat II any person shall abduct take carry from the
limtsp ths state; any white citizen If tLs state,
any while nonresident being at the tins within the linn
its OF this State shall cause procure assist Or aid
lhe abduction taking carrying from the limits of this
1ant
30 abducted taken carried without the limits Of tile
state shall be duly delivered up upon the iequisitun or
demand Of the Executive authority some other State
IN conformity with the provisions the C0nsituton OF
tue United States in that behalf the peron So
or naval service Of the United States, to the miili
when in actual service su person persons offend
ing shall 10 guilty OF felony aud upon heeU
dollars NO more than two thousand dollars and shall he
Imprisoned not less than six months more than two
years.
SECTION D. Be il ,nacied by The auihority atorssati
ma any person or persons shall MAKE procure,
cause 20 to made any ahitit ar satenisnt under oath
uf anlrmaon for he purpose with the intent OF pr
curing o' e'usns thH affe't 81" any white citizen Of his
STATE Of any htr nonresident, being at the tune with
IN the limits Of hts before at person or D. rsuns
notaulh"iAed by the laws ot this state Vi the United
sHe, TO take snch affidavit, deposition, statement
under oah or affirmation, with the intent procuring
causing the arrest oi any white citizen this state Of
hhy hh nunesdent as horesadi 10y auy person acting
under tile military authority OF auy other the
uAited States, and not actrg by OF legal process
or sa maze such AhdAvit with the lnteut procuring
oi causing the abduction, REMOVAL taking or carrying
out Of the limits Of this state any white citizen Of this
stae, or any white nOnresdent aforesaid contrary to
tbs laws OF this State the United States suoh person
80 Offending shall e gully OF felony upon oonyie.
ton thereof shall forfeit aud pay Il nne # not less than
fine hundred dollars than two thousand dollars
and shall be imprisoned not less than kix months nor
more than two years.
SECTION J. Aad be il FURTHER enacted by the ahfit,ny
oresdif That the Judges presiding the April Term ol
livery in Sussex and Kent Counties and the May Term
OF said Court in New CAstr County, shall Sive sections
resin igf.nn utII Ii4u