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39 The Act of 1785 prescribes no time for the recording That of 1792 adopts the time within which the deed ought to have been recorded The Act of 1796 Ch 67 directs that deeds of manumission shall be recorded within six months tho it is not so strong in its expressions as the act of 1715 ch 47 which directs that no lands &c shall pass by bargain and sale only unless the deed be acknowledged and enrolled within six months The recording however has been considered so necessary under the act of 1796 that after the six months a claim to freedom under a deed could not be mentioned without it but I apprehend that the former slave would have a right of freedom from the delivery of the deed for nearly six months the subject to be divested by his neglect to have it recorded within the limited time It was argued that the deed of manumission conveyed nothing but a right may be conveyed or granted as well as property; and the records of the act are that the person possession a slave may by writing &.c grant him his freedom As to the right of the parties to bring this seal which has been questioned I consider their possession of the deed to which they were parties sufficient for such a suit the next friend being answerable for costs. The Grantor Richard Darnall gave them a power to perfect the deed by recording. They neglected to use that power But if the law extends a remedy to any and every deed it must allow the right of application for that remedy to any Grantee therein named Altho the neglect to record the deed divested (the) |
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Anne Arundel County Court, Manumission Record, 1816-1844
| Volume 831, Page 39 View pdf image |
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