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June Court 1733
47 the plft died in Vergenia Seized of Eleven Negro's three whereof the Negro's in question were part and that the said Spencer died Intestate we further find that the plft is Eldest son and heir at Law to the said Spencer we further find that Mary ^the^ wife of the deft was widdow and admrx of the said Spencer Hack and that the negro's afd Came to her possession after the death of the said Spencer Hack in Vergenia we further find the two acts of assembly of Vergenia hereto annexed in these words following An act declaring the Negro Mulatto and Indian Slaves within this dominion to be Real Estate For the better setling and preservation of Estates within this dominion Be it Enacted by the Governour Counsel and Burgesses of this present Generall assembly and it is hereby Enacted by the authority of the same that from and after the passing of this act all Negro Mulatto and Indian Slaves in all Courts of Judicature and Other places within this dominion shall be held taken and adjudged to be Real Estate (and not Chattells) and shall descend ^unto^ the heirs and widdows of persons departing of this Life according to the manner and Costoms of Land of Inheritance in fee Simple Provided all ways that nothing in this act Contained shall be taken to Extend to any Merch.t or factor bringing any Slaves into this dominion or having any Consignments thereof unto them for sale but that Such Slaves whilst they Remain unsold in the possession of Such Merch.t or factor or of their Executors administrators or assignes shall to all Intents and purposes be taken held and adjudged to be personall Estate in the Same Condition they should have been in if this act had never been made Provided allso that all such Slaves shall be Lyable to the payment of debts and may be taken by Execution for that End as other Chattells or personall Estate may be Provided also that no Such Slaves shall be Lyable ^to^ Escheated by Reason of the decease of the proprietor of the same without Lawfull heirs but all Such Slaves shall in that Case be accounts and go as chattells and Other Estate personall Provided also that no persons seling or alienating any Such Slaves shall be Oblidged to Cause such sale or alienation to be Recorded as is required by Law to be done upon the alienation of other Real Estate but that the said Sale or alienation may be made in the same manner as might have been done before the making of this act Provided also that this act or any thing therein Contained shall not Extend nor ^be^ Construed to Extend to give any person being Owner of any Slave or Slaves and not Seized of Other Real Estate the Right or previledge as a freeholder meant mentioned and Intended by one act of this present session of assembly Entituled an act for the Regulating the Election of Burgesses for Setling their priviledges and for assertaining their allowances Provided also that it shall and may be Lawfull for any person to Sue for and Recover any Slave or damage for the detainer Trover or Conversion thereof by action personall as ^might^ if have been done if this act had never been made Provided always that where the nature of the Case shall require it any writt de partitione faciende |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 47 View pdf image |
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