Transfer or sale

thereof, in any court of quarter sessions of this commonwealth, having competent jurisdiction, shall be sentenced to pay, at the discretion of the court passing the sentence, any sum not less than five hundred nor Punishment. more than two thousand dollars; one half whereof shall be paid to the person or persons who shall prosecute for the same, and the other half to this commonwealth; and moreover, shall be sentenced to undergo a punishment, by solitary confinement in the proper penitentiary, at hard labor, for a period not less than five years, nor exceeding twelve years; and on conviction of the second offence of the kind, the person so offending shall be sentenced to pay a like fine, and undergo a punishment, by solitary confinement in the penitentiary, for twenty-one years. SECTION 2. That if any person or persons shall hereafter knowingly sell, transfer or assign, or shall knowingly purchase, take a transfer or of any free neassignment of any free negro or mulatto, for the purpose of fraudulently groes to be deemremoving, exporting, or carrying such free negro or mulatto out of this ed a misdemeanor state, with the design or intent, by fraud or false pretences, of making and punishable. him or her a slave or servant for life, or for any term whatsoever, every person so offending shall be deemed guilty of a high misdemeanor, and on conviction thereof, in any court of quarter sessions of this commonwealth, shall be sentenced by such court to pay a fine of not less than five hundred dollars, nor more than two thousand dollars; one-half whereof shall be paid to the person or persons who 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 punishment by solitary confinement, at hard labor, in the proper penitentiary, for a period not less than five years nor exceeding twelve years.

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SECTION 3. That no judge of any of the courts of this common- Jurisdiction of wealth, nor any alderman or justice of the peace of said commonwealth, judges, justices shall have jurisdiction, or take cognizance of the case of any fugitive and aldermen from labor from any of the United States or territories, under a certain limited. act of congress, passed on the twelfth day of February, one thousand seven hundred and ninety-three, entitled "An Act respecting fugitives from justice, and persons escaping from the service of their masters ;" nor shall any such judge, alderman or justice of the peace of this commonwealth, issue or grant any certificate or warrant of removal of any such fugitive from labor, under the said act of congress, or under any other law, authority or act of the congress of the United States; and if any alderman or justice of the peace of this commonwealth, shall take cognizance or jurisdiction of the case of any such fugitive, or shall grant or issue any certificate or warrant of removal as aforesaid, then, and in either case, he shall be deemed guilty of a misdemeanor in office, and shall, on conviction thereof, be sentenced to pay, at the discretion of the court, any sum not less than five hundred dollars, nor exceeding one thousand dollars; the one half to the party prosecuting for the same, and the other half to the use of this commonwealth.

SECTION 4. That if any person or persons claiming any negro or Fugitives from mulatto, as fugitive from servitude or labor, shall, under any pretence labor protected of authority whatsoever, violently and tumultuously seize upon and from an unlawful carry away to any place, or attempt to seize and carry away in a rio. seizure. tous, violent, tumultuous and unreasonable manner, and so as to disturb or endanger the public peace, any negro or mulatto within this commonwealth, either with or without the intention of taking such negro or mulatto before any district or circuit judge, the person or persons so offending against the peace of this commonwealth, shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court of quarter sessions of this commonwealth, shall be sentenced by such court to pay a fine of not less than one hundred dollars, nor more than

Judges to have power to issue writs of habeas corpus.

Duty of jailor or keeper of prisons.

Abolition of slavery.

Slave may be a witness.

Certain acts repealed.

one thousand dollars, with costs of prosecution: and further, to be confined in the county jail for any period, at the discretion of the court, not exceding three months.

SECTION 5. That nothing in this act shall be construed to take away what is hereby declared to be invested in the judges of this common. wealth, the right, power and authority, at all times, on application made, to issue the writ of habeas corpus, and to inquire into the causes and legality of the arrest or imprisonment of any human being within this commonwealth.

SECTION 6. It shall not be lawful to use any jail or prison of this commonwealth, for the detention of any person claimed as a fugitive from servitude or labor, except in cases where jurisdiction may lawfully be taken by any judge, under the provisions of this act; and any jailor or keeper of any prison, or other person, who shall offend against the provisions of this section, shall, on conviction thereof, pay a fine of five hundred dollars; one-half thereof for the use of the commonwealth, and the other half to the person who prosecutes; and shall, morcover, thenceforth be removed from office, and be incapable of holding such office of jailor or keeper of a prison, at any time during

his natural life.

SECTION 7. That so much of the act of the general assembly, entitled An Act for the gradual abolition of slavery," passed the first day of March, one thousand seven hundred and eighty, as authorizes the masters or owners of slaves to bring and retain such slaves within this commonwealth, for the period of six months, in involuntary servitude, or for any period of time whatsoever; and so much of said act as prevents a slave from giving testimony against any person whatsoever, be and the same is hereby repealed.

SECTION 8. That the act passed March twenty-fifth, eighteen hundred and twenty-six, and all laws of this commonwealth which are hereby altered, be and the same are hereby repealed.

APPROVED-The third day of March, one thousand eight hundred and

forty-seven.

FRS. R. SHUNK.

No. 160.

AN ACT

Concerning the removal of the seat of justice in Delaware county.

WHEREAS, The present location of the seat of justice of the county of Delaware, immediately on one verge of the county, has, during many Preamble. years past, been a source of great dissatisfaction and complaint to many of the inhabitants of said county, who, on several occasions, have petitioned the legislature to grant them relief, by enacting a law authorizing their seat of justice to be removed to a more central situation, which relief has been constantly denied to said petitioners :

And whereas, Two consecutive grand juries, and the court of quarter sessions of said county, have concurred in recommending the erection of a new jail, which, together with the alterations now required to be made to the old court house, will necessarily involve the county in a heavy expenditure of public money:

And whereas, Under existing circumstances it is just and reasonable that a site for the seat of justice of said county should be fairly and permanently fixed and decided upon before the contemplated improvements are made; therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That

it shall and may be lawful for the qualified voters of the county of Qualified voters Delaware, to determine, by ballot, at the next general election, whether may determine their seat of justice shall be continued, as at present, within the borough the seat of justice.

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the removal of

of Chester, or be removed to a point on or not more distant than onehalf of a mile from the farm attached to the house for the support and employment of the poor of said county, and not more distant than onehalf of a mile from the state road leading from Philadelphia to Baltimore, in the manner following, to wit: Those voters in favor of removal, shall each vote a written or printed ticket, labelled on the outside By voting for or "seat of justice," and containing the words county property in Up- against a removal per Providence," and those opposed to a removal, shall each vote a written or printed ticket, labelled on the outside as aforesaid, and containing the word "Chester;" the said tickets to be deposited in a box which shall be provided for that purpose, at each and every of the election polls of said county; and the returns of said election shall be made in the same manner, by the return judges thereof, as in the case of the election of county officers.

sioners may receive donations.

SECTION 2. It shall be the duty of the commissioners of Delaware county to receive, on behalf thereof, all such proposals for the sale or County commisdonation of land, within the limits before named; and also all such subscriptions or offers of money or materials as may be made, conditionally or otherwise, towards defraying the expenses of providing buildings for the county's accommodation, at either of the proposed sites; which said proposals, subscriptions or offers shall be binding on those who make them, according to the terms thereof; and proper evidences of all such proposals, subscriptions or offers shall be by the said commissioners published for three successive weeks immediately preceding

missioners to

the next general election, in all the newspapers published in the county of Delaware.

SECTION 3. If, upon the meeting of the return judges of the said If decided against election, it shall appear that the county property in Upper Provia removal, com- dence" has a majority of the votes polled, then the fourth and fifth sections of this act shall be of full force and effect; but if it shall appear that a majority of the votes polled have been given in favor of • Chester," then the fourth and fifth sections of this act shall be null and void; and the commissioners of the said county shall be required to erect a new jail at the present seat of justice.

build a jail.

If it is decided in

SECTION 4. It shall be the duty of the commissioners of the said favor of a removal. county of Delaware, to definitely fix and determine on the exact locaduty of commis- tion for new public buildings for the accommodation of the said county, sioners prescribed, within the limits named in the first section of this act, and to receive

commissioners.

assurance to the county of a tract or tracts of land, adjacent to and surrounding the same, not exceeding, in the whole, one hundred acres ; and they shall lay out a portion of the whole of said tract or tracts in town lots, of the usual size and form, and proceed to erect on the lot or square most eligible for that purpose, a court house, jail and offices, for the safe keeping of the public records, on the most improved plan of construction; and when the same shall be completed, it shall be their duty to file a report thereof in the court of common pleas of said county; and said court being satisfied that said buildings are fully completed, according to the true intent and meaning of this act, and a record thereof being made by endorsement on said report, the commissioners and sheriff of said county shall thereupon cause the prisoners, if any there be confined in the old prison, to be safely removed to the new, and the public papers and records then remaining in the public offices at Chester, to be safely deposited in the new buildings so, as aforesaid, built and prepared for the reception thereof; and from thenceforth the public offices heretofore kept, and the several courts heretofore held at Chester, in and for the said county of Delaware, shall be kept and held in the new buildings erected for their accommodation, as aforesaid.

SECTION 5. It shall be lawful for the commissioners of said county, Further duties of and they are hereby required to enforce the payment or recovery of all such subscriptions in money, land or materials, according to the terms thereof, as may be offered towards the erection of the public buildings aforesaid; and they shall also have full power and authority to sell. at public auction, at such time and upon such terins as they shall deem most conducive to the public interests, all the real estate and public buildings belonging to the said county of Delaware, in the borough of Chester, the proceeds whereof shall be paid into the treasury of the said county. The said county commissioners shall also have full power and authority to sell, at public auction, from time to time, as they shall deem most conducive to the interest of the people of said county, the lots of land directed to be laid out by the foregoing section of this act, the proceeds to be applied towards the erection of the new public buildings, aforesaid, or paid into the treasury of the county for county purposes, according as the sales shall be made, before or after the completion of the said public buildings.

Election frauds to be punished.

SECTION 6. The fines and penalties for illegal voting, and for neglect or fraud on the part of the judges, inspectors and clerks in the elections authorized by this act, on the subject of the removal of the seat of justice of the county of Delaware, shall be the same, in all respects, as are provided in the act relating to the elections of this commonwealth,

passed the second day of July, in the year one thousand eight hundred and thirty-nine.

SECTION 7. The commissioners of the county of Delaware are Action of comhereby prohibited from taking any action towards the erection of a new missioners susjail, at the present seat of justice in said county, until the question of pended in relation removal of the seat of justice thereof shall have been fully settled and to building a jail. determined, as aforesaid.

SECTION 8. It shall be the duty of the sheriff of said county, to cause this act to be published in all the newspapers printed in said county, this act. Sheriff to publish once a week for three successive weeks immediately preceding the next general election, and also to be noticed in his proclamation for the general election.

APPROVED-The third day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

No. 161.

AN ACT

To repeal so much of the fifth section of an act, entitled "An Act taxing dogs in certain counties, as relates to taxing dogs in the several townships in Butler county, and relative to the taxing of dogs in West Middleton, in the county of Washington."

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That

so much of the fifth section of an act, passed and approved the twenty- Boroughs in Butfirst day of April, one thousand eight hundred and forty-six, taxing ler county and dogs in certain counties, and for other purposes, as relates to the differ. West Middleent townships in Butler county, be and the same is hereby repealed; town, in Washand that the different boroughs in said county, and in the borough of ington county, to West Middleton, in the county of Washington, shall have power to tion to dogs. pass such laws, in relation to dogs, as will be to their best interests; and that all assessments made and levied, in relation to such law, in the different townships in said county, be null and void.

APPROVED-The third day of March, one thousand eight hundred and

pass laws in rela

forty-seven.

FRS. R. SHUNK.