
    BURR’S CASE.
    Free negroes being in this State prior to the act of 1851, arc not subject to its penalties, though non-residents.
    In the matter of the application of William Burr, negro. Habeas corpus to the jailer of Sussex county.
    The prisoner was committed by Justice Morris, for non-payment of a fine of $50, imposed on him, on the information of George Harris, charging him, the said William Burr, free negro, with being a non-resident and being in the State of Delaware, contrary to the statute, &c.
    
      Layton, for petitioner.
    
      Houston and Robinson, contra.
   The Court

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.

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

Petitioner discharged.  