APPENDIX - Page 323
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A. - Page 291.
CHAP. 375
An act more effectually to protect the free
citizens of this State from being kidnapped, or
reduced to Slavery.
[Passed May 14, 1840]
The People
of the State of New-York, represented in Senate and
Assembly, do enact as follows:
§ 1. Whenever the
Governor of this State shall receive information
satisfactory to him that any free citizen or any
inhabitant of this State has been kidnapped or
transported away out of this State, into any other
State or Territory of the United States, for the
purpose of being there held in slavery; or that such
free citizen or inhabitant is wrongfully seized,
imprisoned or held in slavery in any of the States
or Territories of the United States, on the
allegation or pretence that such a person is a slave
or by color of any usage or rule of law provid in in
such State or Territory, is deemed or taken to be a
slave, or not-entitled of right to the personal
liberty belonging to a citizen; it shall be the duty
of the said Governor to
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324]
take such measures as he shall deem necessary to
procure such person to be restored to his liberty
and returned to this State. The Governor
is hereby authorized to appoint and employ such
agent or agents as he shall deem necessary to effect
the restoration and return of such person; and shall
furnish the said agent ...............
§ 2. Such agent shall proceed to collect the
proper proof to establish the right of such person
to his freedom, and shall perform such journeys,
take such measures, institute and procure to be
prosecuted such legal proceedings, under the
direction of the Governor, as shall be necessary to
procure such person to be restored to his liberty
and returned to this State.
§ 3. The accounts for all services and
expenses incurred in carrying this act into effect
shall be audited by the Comptroller, and paid by the
Treasurer on his warrant, out of any moneys in the
treasury of this State not otherwise appropriated.
The Treasurer may advance on the warrant of the
Comptroller, to such agent, such sum or sums as the
Governor shall certify to be reasonable advances to
enable him to accomplish the purposes of his
appointment, for which advance such agent shall
account, on the final audit of his warrant.
§ 4. This act shall take effect immediately.
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