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5 Del. 351

Burr's Case

Superior Court of Delaware

Decided July 5, 1851

Superior Court of Delaware · decided 1851-07-05

<p>Free negroes being in this State prior to the act of 1851, arc not subject to its penalties, though non-residents.</p>

Decided 1851-07-05

The Court

¶1 discharged the petitioner, on proof that he did not come into the State after the passing of the act of 1851; and could not, therefore, be subject to its penalties.

¶2 The act must receive a strict, and not an enlarged construction beyond its terms, which are highly penal.

¶3 Petitioner discharged.

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