| Volume 846, Page 47b View pdf image |
 |
|
|
 |
|
|
June Court
1733
47 faciende or ^of^ dower may be Sued fourth and prosecuted to Recover the Right and possession of any such slave or slaves Provided and be it Enacted that when any person dyes Intestate Leaving Severall Children in that Case all the Slaves of Such person (Except the widdows dower which is to be first set apart) shall be Inventoryed and appraised and the Value thereof shall be Equally divided amongst all the said Children and the severall propertions according to Such Valuation and appraisment shall be paid by the heir (to whom the said slaves shall descend by Vertue of this act) unto all and Every the other said Children and thereupon it shall & may be Lawfull for the said other Children and Every of them and their Executors or adm.rs as the Case shall be to COmmence and prosecute an action upon the Case at the Common Law against such heir his heirs Executors and administrators for the Recovery of their said several proportions Respectively And be it further Enacted b the authority afd that if any Widdow Seized of any such slave or Slaves as afd as of the dower of her husband shall send or Voluntarily permitt to be sent Out of this Colony and dominion such Slave or Slaves or any of their Increase without the Lawfull Consent of him or her in Reversion such widdow shall forfeit all and Every such Slave or Slaves and al Other the dower which she holds of the Endowment of her husbands Estate unto the person or persons that shall have the Reversion there of any Law Costome or Usage to the Contrary Notwithstanding and if any widdow Seized as afd shall be married to an husband who shall send or voluntarily permitt to be Sent out of this Colony and dominion any such slave or Slaves or any of their Increase without the Consent of him or her in Reversion in Such Case it shall be Lawfull for him or her in Reversion to Enter into possess and Enjoy all the Estate which Such husband holdeth in Right of his wives dower for and during the Life of the said Husband Att a generall assembly begun and held at Williams Burgh the first day of february in the first Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Brittain France and Ireland King Defender of the faith &c.a and in the Year of our Lord one thousand Seven hundred and Twenty Seven before the Honourable William Gooch Esqr his Majesties Lieutenant Governour and Commander in Chief of the Colony and Dominion of Virginia An Act to Explain and Amend the Act for Declaring the Negro Molatto and Indian Slaves within this Dominion to be Real Estate and part of one other Act Intituled an Act for the Distribution of Intestates Estates declaring widdows rights to their dec.d husbands Estates and for securing orphans Estates Whereas the Act made in the fourth Year of the Reign of the Late Queen Ann Declaring the Negro Mollato and Indian Slaves within this Dominion to be Real Estate hath been found by Experience very Beneficial for the preservation and Improvement of Estates in this Colony yet many Mischiefs have Arisen from the Various Constructions and Contrary Judgments and Oppinions which have been made and Given thereupon whereby many people have been Involved in Lawsuits and Controversies which are Still Like to Increase for Remidy whereof and to the End the Said Act may be fully and Clearly Explained and Amend'd Be it Enacted by the Lieutenant Governour Counsel and Burgesses of this present General Assembly and it Is Hereby Enacted by the Authority of the same that the said Act shall hereafter be Construed and the TRue Intent and Meaning thereof is hereby Declared to be in the severall Cases herein after mentioned as the same is herein after Expressed and Declared and not otherwise that is to say |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Somerset County Judicial Records, 1733-1735
| Volume 846, Page 47b View pdf image |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives