Supreme Court of Pennsylvania, 1804

Elson v. M'Colloch

Elson v. M'Colloch
Supreme Court of Pennsylvania · Decided October 15, 1804
4 Yeates 115

Elson v. M'Colloch

Opinion of the Court

Homine 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?

The 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-

liver, 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.

It 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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