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An additional supplement to an act entitled An act for providing for the punishment of certain crimes and misdemeanors 1839 256 (1839)

handle is hein.slavery/ssactsde0156 and id is 1 raw text is: LAWS OF THE STATE Powergran- section of the act of the General Assembly, entitled An act con- te 't. cerning the Orphans' Court, passed the tenth day of February, in last para. F aphofrsec. eighteen hundred and twenty-nine, be and the same hereby are ex- ,Dig.423-4, tended and granted to the said Orphans' Court in all cases of rno- extendedto nies arising under this act, and in all cases of investment made miney dan- undei and by virtue of this act, and also to all cases of investments this act, &c. made under and by virtue of the second section of the aforesaid act entitled A further supplement to an act entitled 'An act con- cerning the probate of wills, and the administration of the personal estate of deceased persons.' Moneys ari- ing under SEcTioN 4. And be it further enacted, That all monies arising this act to be under the provisions of this act shall be deemed, taken and consi- Personal es. dered to be personal estate. tate. Ct. may re- SECTION 5 And be it further enacted, That in every case of quire t -om sale ordered under this act, the said Orphans' Court shall have full guardian ad- power to require the guardian to give such additional security as ational secu- may be deemed necessary. And if in any application for a sale, aiyian on the said court should think it proper for their infirmation, they are for sale, may hereby authorized to appoint three commissioners to view the land, app't. com'rs. and report upon the necessity or propriety of the sale. to report on propr'ty. &c. Passed at Dover, February 15, 1839. CHAPTER CCXIV. AN ADDITIONAL SUPPLEMENT to an act entitled An act for Dig. 127. providig for the punishment of certain crimes and misdemeanor s. In larce'n. SECTIoN 1. Be it enacted by the Senate and House of Representa- of negro or tives of the State of Delaware in General Assembly met, That in mulatto, ex- every case of conviction for the crime of larcony committed by a cept fbr sec'd free negro or mulatto, (other than for a second or subsequent of- offc et fence,) the court of General Sessions of the peace and Gaol Deli- may gradu- very may in their discretion, graduate their sentence, as to such ate sen'ce. as part of the punishment as consists of public whipping, and the sale tonhpping to servitude. Provided however, That the number of lashes to be inflicted, shall not be less than twelve, nor more than thirty-nine:- Proviso. And provided further, That such convict shall be disposed of, for the purpose of * satisfying the restitution money and costs, for a term of not less than two, nor more tharn seven years; the exact dura- tion of which term shall be established by the said court. SECTIox 2. And be it further enacted, That so much of the act to * Qf omitted in the original. Digitized from Best Copy Available 256

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