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4 Yeates 115

Elson v. M'Colloch

Supreme Court of Pennsylvania

Decided October 15, 1804

Supreme Court of Pennsylvania · decided 1804-10-15

<p>Only the owner, or his lawful attorney can register a negro or mulatto. The act of a stranger in such case is merely void.</p>

Cited by 1 later decisions (1 by the Supreme Court) — most recently September 1762

Good law ✅— No negative treatment on recordhow we know

Decided 1804-10-15

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¶1Homine REPLEGiANDO. The only question in this case was, whether a stranger might register a negro, under the act for the gradual abolition of slavery, passed the xst March 1780?

¶2The court declared, that the point would not bear dispute. The words of the 5 th section of the act were imperious. 1 Dali. St. Laws, 840. “ The owner or his lawful attorney, shall de-

¶3liver, or cause to be delivered in writing,” &c. No one therefore, except the party legally or equitably intitled to the negro, or mulatto, or a person legally authorized for that purpose, can lawfully register him ; and the act of a stranger in such particular, is merely void.

¶4It was agreed that a verdict should be entered for the plaintiff for nominal damages only, he having been in the defendant’s service but two months, and full costs.

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