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JOHN EAGER HOWARD, Esquire, Governor.
V. This act to continue and be in force as
long as the act to which this is a
supplement. |
1790.
CHAP.
VIII. |
CHAP. IX.
An ACT to repeal certain parts of an act, entitled, An act to prevent
disabled and superannuated slaves being set free,
or the
manumission of slaves by any last will and testament,
and of a
supplementary act thereto, and for certain other
purposes. |
Passed December
14. |
WHEREAS it is contrary to the principles of justice
to prevent the
manumission of slaves by last will and testament, |
Preamble. |
II. Be it enacted,
by
the General Assembly of Maryland, That all that part of
an act, entitled, An act to prevent disabled and superannuated slaves
being set free,
or the manumission of slaves by any last will or testament, which is
contained
within the third section thereof, shall be and is hereby repealed. |
Part of an act
repealed. |
III. And be
it enacted, That from and after the passage of this act, it shall
and may be lawful for any person or persons, capable in law to make
a valid will
and testament, to grant freedom to, and effect the manumission of,
any slave or
slaves belonging to such person or persons, by his, her, or their last
will and testament,
and such manumission of any slave or slaves may be made to take effect
at the death of the testator or testators, or at such other periods
as may be limitted
in such last will and testament: Provided always, that no manumission
hereafter to be made by last will and testament, shall be effectual
to give freedom
to any slave or slaves, if the same shall be in prejudice of creditors,
nor unless the
said slave or slaves shall be not exceeding the age of fifty years,
and able to work
and gain a sufficient maintenance and livelihood, at the time the freedom
to be
given by last will and testament shall be intended to commence. |
Persons may
manumit
slaves by will,
&c. |
IV. And,
whereas it is contrary to the dictates of humanity and the principles
of the christian religion to inflict personal penalties on children
for the offences of
their parents, Be it enacted,
That all those parts of an act, entitled, An act relating
to servants and slaves, and of another act, entitled, A supplementary
act to
the act, entitled, An act relating to servants and slaves, which impose
a servitude
to the age of thirty-one years on the issue of certain inordinate copulations
mentioned
in the twenty-sixth, twenty-seventh, and twenty-eighth sections of
the
said first mentioned act, and in the second and third sections of the
said last mentioned
act, shall be and they are hereby repealed: Provided always,
that nothing
in this act shall affect the right of any person or persons whatever
to the servitude
of any such issue heretofore acquired under the repealed parts of the
acts aforesaid. |
Parts of former
laws repealed,
&c. |
V. And be it
enacted, That from and after the passing of this act, if any person
or persons shall forcibly or fraudulently transport or carry, or cause
to be transported
or carried, out of this state, any free negro or mulatto, knowing such
negro
or mulatto to be free, every such person or persons shall forfeit and
pay the sum
of three hundred pounds current money for every negro or mulatto so
transported
or carried, or cause to be transported or carried; and if any person
or persons
shall transport or carry, or cause to be transported or carried, out
of this state, any
negro or mulatto entitled to freedom at a certain age, and sell or
otherwise dispose
of, or cause to be sold or otherwise dispose of, out of this state,
such negro or
mulatto as a slave for life, knowing such negro or mulatto to be entitled
to freedom
at a certain age, every such person or persons shall, for every such
offence,
forfeit and pay the sum of three hundred pounds current money. |
Penalty to
persons transporting
free
negroes, &c. |
VI. And,
whereas it is just and reasonable that the faithful services of slaves
should not be forgotten after they are grown old or incapable of labour,
and
humanity requires that such slaves, when grown old in service, or rendered
infirm
by accidents or misfortunes, should be still supported and maintained
by their
masters, mistresses or owners, Be it
therefore further enacted, That if any
master, mistress, owner or owners, of any slave or slaves grown old
and incapable
of labour, or otherwise disabled by sickness or accident, shall refuse
or neglect |
Masters, &c.
to provide for
old or disabled
slaves,
&c. |
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