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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

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[ certification ]
01/27/1840
Passed House Reps
Jan 27th 1840
J Calhoun clk[clerk] H. R.
[ docketing ]
A Bill for an act to amend “an act relative to runaway slaves.[]
[ docketing ]
[01]/[20]/[1840]
Engrossed.
[ docketing ]
47
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) ,