| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
and such slave or slaves shall be sold by order of the court for the
unexpired 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 court; Provided
nevertheless, that if any such person who shall have purchased
or received such servant or slave, without knowing 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 prosecution or the punishment as
aforesaid. |
1817.
CHAP. 112.
Proviso. |
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 authorised 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 purchaser, shall be stated,
and the same be acknowledged by said purchaser and seller, or his
or her authorised 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 such 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 particular 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 intended 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
the said servant or slave shall become the right and property of the
said person entitled immediately to such reversion or remainder,
in the same manner as if the event or time in which the reversion
or remainder was to accrue had actually occurred, unless the court
or jury who may decide upon the accrual of such remainder or reversion
under the foregoing provision, shall be of the opinion that
no fraud was intended by the omission of any one of the requisites
aforesaid. |
How such sales
are to be made. |
4. AND BE IT ENACTED, That whenever any person
shall purchase
any slave or slaves within this state, for the purpose of exporting
or removing the same beyond the limits of this state, it
shall be their duty to take from the seller a bill of sale for said
slave or slaves, in which the age and distinguishing marks, as
nearly as may be, and the name of such slave or slaves, shall be |
Persons purchasing
slave to remove
them out of
state, how to proceed. |
VOL. III.
86
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