"AN ACT," February 5, 1841

Summary: This law specified the procedures for apprehending and dealing with runaways. Ordered sheriffs who had runaways in their jails to try to find the owner or, if unable to do so, to hold a public auction (advertised in the local papers), with all proceeds deposited in the public funds. Also required all citizens to assist in the capture of runaways and be entitled to a finders fee of ten dollars for each slave captured either from the owner or from the county. Section 5 punished all those who harbored fugitive slaves with a large fine and at least a month in jail.

Regulating the Sale of Runaway Slaves.

Sec. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas in Congress assembled, That where any slave is now in the jail of any county of this Republic, or shall hereafter be committed to the jail thereof as a runaway, a notice of the apprehension and commitment, with a full description of said slave, shall be published weekly in one of the Gazettes at the seat of Government, for the space of one month, and printed copies thereof shall be furnished to the clerk of the County Court of the County in which the commitment is made, to be carefully filed and preserved in his office, and it shall be the duty of the sheriff or jailor having custody of such slave, to ascertain as nearly as may be, the name of the owner thereof, and to address him or her by regular post, at least twice, giving a full description of said runaway slave, in such manner as may best lead to the discovery and restoration.

Sec. 2. Be it further enacted, That if said runaway slave shall not be claimed and proved by the owner thereof, within six months from the first publication of the commitment of said slave, as aforesaid, the Sheriff of the County in which the commitment was made, shall expose said slave to sale at public outcry at the court house of his proper county, upon giving at least thirty days' previous notice of such sale, by advertisement posted up at, at least two public places in said county, and published in some gazette of the county in which the sale is to take place; or in the next nearest county having a gazette, and out of the proceeds arising from the sale of any runaway slave as aforesaid, the sheriff shall be entitled to the same commission and fees as are allowed in cases of execution, and the balance after paying all prison fees, or fees for the maintenance of said runaway while in custody. Clerk's fees, and expenses of advertising and apprehending, shall be paid into the county treasury for the use of the proper county; provided, that if the owner of any runaway slave thus sold, should prove his property in said slave within three years after said sale, the proper county shall pay to him the amount that shall have been paid into the county treasury, on account of the sale of said slave, but the right to any slave sold as aforesaid, shall be and remain vested in the purchaser under the sale made by the sheriff as aforesaid, any law to the contrary notwithstanding.

Sec. 3. Be it further enacted, That the sheriff making the sale of any runaway slave as aforesaid, shall return a full and clear account and statement of such sale under his hand and seal,

to the clerk of the county court, who shall record the same among the record of deeds.

Sec. 4. Be it further enacted, That all runaway slaves shall be lawfully apprehended by any person, and carried before the next justice of the peace, who shall either commit them to the county jail, or the custody of the sheriff, or send them to the owner, if known, who shall pay for every slave so taken up, the sum of ten dollars to the person apprehending him or her, and all reasonable costs and damages: and if said owner shall fail or refuse to pay said reward and reasonable expenses, the person apprehending and delivering said runaway slaves as aforesaid, shall be entitled to have his action for the recovery of the same before any justice of the peace of the district or precinct in which said owner resides, or in which said slave is delivered up to the owner as aforesaid.

Sec. 5. Be it further enacted, That if any person or persons being convicted, harboring or concealing any negro or negroes belonging to any person or persons whatsoever, or suffering the same so to be, with his consent or knowledge, shall upon conviction of such offence, be fined in a sum not exceeding five hundred dollars, and shall be imprisoned not less than one calendar month, nor exceeding six calendar months, and shall be liable in damages to the party injured, to be recovered by action on the case, before any court having competent jurisdiction.

Sec. 6. Be it further enacted, That this act be in force and take effect from and after its passage.

DAVID S. KAUFMAN,

Speaker of the House of Representatives.

ANSON JONES,

President pro tem. of the Senate.

Approved February 5th, 1841.

DAVID G. BURNET.

Source Copy Consulted: "AN ACT," February 5, 1841, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 2:649-650. http://texinfo.library.unt.edu/lawsoftexas