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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 660   View pdf image (33K)
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660

LAWS OF MARYLAND.— 1817.

 

as aforesaid, with an intention to transport such servant or
slave out of the state, every such person making any such pur-
chase or contract, contrary to the meaning of this act, shall be
liable to be indicted in any county court in this state where he
may be found, and on conviction shall undergo confinement in
the penitentiary for a term not exceeding two years, and such
slave or slaves shall be sold by order of the court for the unex-
pired time of their servitude, for the use of the county in which
such conviction shall be had, or for the use of the mayor and
city council if such conviction shall be had in Baltimore city

Proviso.

court ; Provided nevertheless, that if any such person who shall
have purchased or received such servant or slave, without know-
ing of his or her title to freedom after a term of years, or after
any particular time, or upon any contingency, shall immediately
after knowing thereof, give information on oath, or affirmation,
to one of the justices of the peace of the county where the seller
shall reside, or in the county where such person may reside, or
the sale may have been made, of such sale and purchase, the
person so purchasing or receiving shall not be liable to prosecu-
tion or the punishment as aforesaid.

How such
sales are to
be made.

SEC. 3. And be it enacted, That no sale of any servant or
slave, who is or may be entitled to freedom after a term of years,
or after any particular time, or upon any contingency, or in
whom the seller is entitled for a term of years or limited time,
with the reversion in some other person or persons, shall be valid
and effectual in law to transfer any right or title in or to such
servant or slave, unless the same be in writing, under the hands
and seals of both the seller, or his or her authorized agent, and the
purchaser, in which the period and terms of servitude or slavery,
and the interest of the seller, and also the residence of the pur-
chaser, shall be stated, and the same be acknowledged by said
purchaser and seller, or his or her authorized agent, before a
justice of the peace in the county where such sale shall be made,
and recorded among the records of the county court of said
county, within twenty days after such acknowledgment ; and if
any such sale should be made, and a bill of sale so as aforesaid
should not be so executed, acknowledged and recorded, or in
case the true time or condition of the slavery or servitude of such
servant or slave, and the residence of said purchaser, should not
be therein stated, then and in such case every such servant or
slave, entitled to freedom after a term of years, or after any parti-
cular time, or on any contingency, shall be thereupon free, unless
the court or jury who may decide upon the question in a trial, if
a petition for freedom, under the foregoing provision, shall be of
the opinion that no fraud was intenned by the omission of any
one of the requisites aforesaid; and in case any other person
shall be entitled to a reversion or remainder in said slave, then



 
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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 660   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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