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Dec. Ses. 1817
Proviso.
How to make
the sale of such
slaves.
Persons pur-
chasing slaves
to remove them
out of the state
how to pro-
ceed.
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confinement in the penitentiary for a term not exceeding two years,
and such slave or slaves shall be sold by order of the court tor the
unexpired time of their servitude, for the use of the county in which
such conviction shall he had, or for the use of the mayor and city
council if such conviction shall be had in Baltimore city court; Pro-
vided nevertheless, that if any such person who shall have purcha-
sed 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 jus-
tices 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.
3. And be it enacted, That no sale of any servant or slave, who
is or may be entitled to freedom alter a term of years, or alter 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 au-
thorised 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 acknow-
ledgment; and if any such sale should be made, and a bill of sale so
as aforesaid should notice 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 intended by the omission of any one of
the requisites aforesaid, and in case any other person shall be en-
titled to a reversion or remainder in said slave, then the said ser-
vant or slave shall become the right and property of the said per-
son entitled immediately to such reversion or remainder, in the
same manner as if the event or time in which the reversion or re-
mainder was to accrue had actually occurred, unless the court or
jury who may decide upon the accrual of such remainder or rever-
sion under the foregoing provision, shall be of the opinion that no
fraud was intended by the omission of any one of the requisites
aforesaid.
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
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