KIDNAPPING. FUGITIVES FROM LABOUR.
845
JFttfittites from JUliouv.
1. Acts of Assembly. | 2. Judicial Decisions.
Act of March 26, 1826. Purd. 746.
An Act to give effect to the provisions of the Constitution of the United States relative to fugitives from labour, for the protection of free people of colour andto prevent kidnapping.
1. Sect. I. That if any person or persons shall, from and after the passing of thisact, by force or violence, take and carry away, or cause to be taken or carried away,and shall by fraud or false pretence seduce, or cause to be seduced, or shall attemptso to take, carry away, or seduce any negro or mulatto from any part or parts ofthis commonwealth to any other place or places whatsoever out of this common-wealth, with a design and intention of selling and disposing of, or of causing to besold, or of keeping and detaining, or of causing to be kept and detained, such negroor mulatto as a slave or servant for life, or for any term whatsoever, every suchperson or persons, his or their aiders and abettors, shall, on conviction thereof inany court of this commonwealth having competent jurisdiction, be deemed guilty ofa felony, and shall forfeit and pay, at the discretion of the court passing the sentence,any sum not less than five hundred, nor more than two thousand dollars, one halfwhereof shall be paid to the person or persons who shall prosecute for the same, andthe other half to this commonwealth, and, moreover, shall be sentenced to undergoa servitude for any term or time not less than seven years nor exceeding twenty-oneyears, and shall be confined and kept to hard labour, fed and clothed, in the manneras is directed by the penal laws of this commonwealth for persons convicted ofrobbery.
Sect. II. That if any person or persons shall hereafter knowingly sell, transferor assign, or shall knowingly purchase or take a transfer or assignment of anynegro or mulatto, for the purpose of fraudulently removing, exporting or carryingsuch negro or mulatto out of this state, with the design or intent, by fraud or falsepretences, of making him or her a slave or servant for life, or for any term whatso-ever, every person so offending shall be deemed guilty of a felony, and on convictionthereof shall forfeit and pay a fine of not less than five hundred dollars nor morethan two thousand dollars ; one half whereof shall be paid to the person or personswho shall prosecute for the same, and the other half to this commonwealth, and,moreover, shall be sentenced, at the discretion of the court, to undergo a servitudefor any term or time not less than seven years nor exceeding twenty-one years, andshall be confined, kept to hard labour, fed and clothed in the manner as is directedby the penal law of this commonwealth for persons convicted of robbery.
Sect. III. That when a person held to labour or service in any of the UnitedStates , or in either of the territories thereof, under the laws thereof, shall escape intothis commonwealth, the person to whom such labour or service is due, his or herduly authorized agent or attorney, constituted in writing, is hereby authorized toapply to any judge, justice of the peace or alderman, who on such application sup-ported by the oath or affirmation of such claimant or authorized agent or attorneyas aforesaid, that the said fugitive hath escaped from his or her service, or from theservice of the person for whom he is duly constituted agent or attorney, shall issuehis warrant under his hand and seal, and directed to the sheriff or any constableof the proper city or county, authorizing and empowering said sheriff or constable toarrest and seize the said fugitive who shall be named in said warrant, and to bringsaid fugitive before a judge of the proper county, which said warrant shall be in theform or to the effect following:
-County, $ **•
®!>e Commontoenlt!) of JJennssUmnfa,
To the Sheriff, or any Constable, of county, greeting:
WHEREAS, it appears by the oath or solemn affirmation of that
was held to labour or service to of county, in the state of , and
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