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Sec[Section] 1 Be it enacted by the people of the State of Illinois, represented in the General Assembly, That it shall be lawful for any owner of any runaway slave found in this State, either by himself or his agent or attorney, to seize, take[,] and carry such runaway slave before any judge or Justice of the Peace of this State, and there establish his, her[,] or their right of property in such slave by written or parole testimony; and if it
shall appear that such black or mulatto person or persons is or are runaway slaves
and owning
^owing^ labor to the claimant thereof, such Judges or Justices shall certify to the same
under his hand and seal, and that such claimant is authorized thereby to remove the
same out of this State without molestation.
Sec. 2. That every person who shall hinder or attempt to hinder the owner, his agent
or attorney from taking and carrying away such runaway slave before the Judge or Justice shall have acted in the premises as
aforesaid, every person so offending shall be deemed guilty of a misdemeanor, and
^on^ conviction by indictment, shall be fined in a sum not less than one hundred dollars
and imprisoned in the county Jail at the discretion of a jury.
Sec. 3. That the prosecutor or prosecutors in a proceeding put on foot by them against
another for kidnapping, shall pay all costs that may ac^c^rue in such case in the event of the discharge of the defendant or defendants in such
proceeding, and if it shall appear to the court that the prosecutor putting such
proceedings on foot is not good for the costs of such proceeding the Court shall either
require the prosecutor to give bond and security for the payment of the costs in the
event of the discharge of the defendant or defendants, or dismiss the proceeding and
discharge the
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defendants from the same, at the cost of the prosecutor thereof.2<Page 3>
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A Bill for an act to amend “an act relative to runaway slaves.[”]
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[01]/[20]/[1840]
[01]/[20]/[1840]
Engrossed.
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1Gholson Kercheval introduced HB 99 in the House of Representatives on January 2, 1840. On January 13, the House amended the bill by striking out the
last section. The House passed the bill as amended on January 27. The House reported
the bill’s passage to the Senate, but the latter took no action.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 120, 156, 207, 260; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 189.
2On January 13, 1840, the House of Representatives struck out a fourth section.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 156.
Handwritten Document, 4 page(s), Folder 96, HB 99, GA Session 11-S, Illinois State Archives (Springfield, IL) ,