| Date | June, 1752 |
|---|---|
| Law/Legislation | Law (repealed?) An act relating to negroes and to repeal the acts of the assembly therein mentioned |
| Jurisdiction | MD |
| Title | An Act to prevent disabled and superannuated Slaves being set free, or the Manumission of Slaves by any last Will or Testa- ment. |
| Description/Full Text | An Act to prevent disabled and superannuated Slaves being set free, or the Manumission of Slaves by any last Will or Testa- ment. [Preamble] Whereas sundry Persons of this Province have set disabled and superannuated Slaves free who have either perished through Want, or otherwise become a Burthen to others: And inasmuch as giving Freedom to Slaves, by any last Will and Testament, may be attended with many Evils; it is therefore humbly prayed that it may be Enacted ; [Slaves who are old, and incapable of working not to be set at Liberty; but to be pro- vided for by the Owner.] And be it Enacted by the Right Honourable the Lord Proprietary, by and with the Advice and Consent of his Lordship's President, and the Upper and Lower Houses of Assembly, and the Authority of the same, That it shall not be lawful for any Person or Persons within this Province, to give or grant Freedom to any Slave or Slaves disabled to work, or gain a sufficient Livelihood and Main- tainance; but that in all such Cases, any Master, Mistress, or Owner of such Slave or Slaves, at the proper Cost and Charge of such Master, Mistress, or other Person owning such Slave or Slaves, shall support and maintain such Slave or Slaves, during the natural Life or Lives of such Slave or Slaves, in Food and Cloathing fitting and needful for such Slave or Slaves; whereby he, she, or they may not become a Burthen to others, or perish through Want, to the great Scandal of Christian Society. [No Slaves to be set free by any last Will and Testament.] And be it further Enacted, That it shall not be lawful for any Person or Persons within this Province, by any verbal Order, or by his, her, or their last Will and Testament, or by any other Instru- ment of Writing, in his, her, or their last Sickness, whereof he, she, or they shall die, to give or grant Freedom to any Slave or Slaves : And if any Person or Persons, after the Time aforesaid, shall, by any verbal Order, or by his, her, or their last Will and Testament, or by any other Writing or Instrument, in his, her, or their last Sickness whereof he, she, or they shall die, give Freedom to any Slave or Slaves, such Order, Will, or other Writing shall be void and of no Effect, so far as relates to such Freedom or Manumission only. [ Superannuated Slaves not to be suffered to wander abroad, or beg.] And be it likewise Enacted, That if any Master, Mistress, Owner or Owners for any Slave or Slaves, grown old and incapable of Labour, or otherwise disabled by Sickness or Accident, shall neglect to provide for such old or disabled Slave necessary Food and Cloath- ing, or shall suffer any Slave or Slaves whatsoever to depart from his, her, or their respective Habitation or Quarter, or to wander about begging, whereby such Slave or Slaves may become Burthen- some to the Neighbourhood wherein they have resided, or others, it shall and may be lawful for the County Court where such Master, Mistress, Owner or Owners of such Slave or Slaves shall reside, upon Presentment of the Grand Jury, to issue their Warrant against such Master, Mistress, Owner or Owners of such Slave or Slaves, and to cause such Master, Mistress, Owner or Owners of such Slave or Slaves to appear before them; and if, upon Examination in a summary Way, it shall appear to such Court that such Master, Mistress, Owner or Owners of such Slave or Slaves did not provide necessary Food and Cloathing, or did suffer such Slave or Slaves to depart and wander, contrary to the Intent and Meaning of this Act, such Court is hereby directed and impowered to cause such Master, Mistress, Owner or Owners of such Slave or Slaves, to [Penalty in case of Default.] enter into Recognizance, in the Penalty of Four Pounds Current Money, to be taken to, and in the Name of the Right Honourable the Lord Proprietary for the Time being, and his Successors for the Use of such County; with Condition that such Master, Mistress, owner or Owners of such Slave or Slaves, his, her, or their Execu- p. 556 tors or Administrators, shall provide sufficient Food and Cloathing for such Slave or Slaves, during the Continuance of this Act; and not suffer such Slave or Slaves to depart or wander, contrary to the Intent and Meaning of this Act. Provided, That if any Slave or [Proviso.] Slaves shall run away or abscond from the Service of his or her Master, Mistress, Owner or Owners, contrary to the Will of such Master, Mistress, Owner or Owners, such running away and ab- sconding shall not be construed, deemed, or taken to be a departing and wandering within the Intent and Meaning of this Act. [Manner of setting free, or manumit- ting Slaves.] And to the End that hereafter there may be an uniform and regular Manner of granting Freedom to Slaves, Be it likewise En- acted, That where any Person or Persons, possessed of any Slave or Slaves within this Province, who are or shall be of healthy Con- stitutions, and sound in Mind and Body, capable by Labour to pro- cure to him or them sufficient Food and Raiment, with other requi- site, Necessaries of Life, and not exceeding fifty Years of Age; and such Person or Persons possessing such Slave or Slaves as afore- said, and being willing and desirous to set free or manumit such Slave or Slaves, may, by writing under his, her, or their Hand and Seal, evidenced by two good and sufficient Witnesses at least, grant to such Slave or Slaves his, her, or their Freedom: And that any Deed or Writing, whereby Freedom shall be given or granted to any such Slave, which shall be intended to take Place in future, shall be good to all Intents, Constructions, and Purposes whatsoever, from the Time that such Freedom or Manumission is intended to com- mence by the said Deed or Writing, so that such Deed and Writing be not in Prejudice of Creditors, and that such Slave, at the Time such Freedom or Manumission shall take Place or commence, be not above the Age aforesaid, and be able to work, and gain a sufficient Livelihood and Maintenance, according to the true Intent and Mean- ing of this Act; which Instrument of Writing shall be acknowledged before one Justice of the Peace of the County wherein the Person or Persons granting such Freedom shall reside; which Justice shall Indorse, on the Back of such Instrument, the Time of the Acknowl- egement, and the Party making the same; which he or they, or the Parties concerned shall cause to be entered among the Records of the County Court, where the Person or Persons granting such Freedom shall reside, within six Months after the Date of such Instrument of Writing: And the Clerk or Clerks of the respective County Courts within this Province shall, immediately upon the Receipt of such Instrument, Indorse the Time of his receiving the same, and shall well and truly enroll such Deed or Instrument in a good and sufficient Book in Folio, to be regularly Alphabetted in the Names of both Parties, and to remain in the Custody of the said Clerk or Clerks for the Time being, among the Records of the respective County Courts; and that the said Clerk or Clerks shall, on the Back of every such Instrument, in a full legible Hand, make an indorse- ment of such Inrollment, and also of the Folio of the Book in which the same shall be enrolled, and to such Indorsement set his Hand, the Person or Persons requiring such Entry, paying the usual and legal Fees for the same. And be it likewise Enacted, That a Copy of such Record, duly attested under the Seal of such Office, shall, at all Times hereafter, be deemed, to all Intents and Purposes, good Evidence to prove such Freedom. [Duty of Justices, for the due Observance of this Act.] And to the End that this Act may be duty observed, the Justices of every County Court within this Province respectively, shall, at their respective County Courts to be held in March yearly, give in Charge to the respective Grand Juries of each respective County, to enquire into any Breaches made contrary to this Act. [Continuance of this Act.] This Act to continue for three Years, and unto the End of the next Session of Assembly which shall happen after the Expiration of the said three Years. |
| Additional Information | – |
| Source | https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000050/html/am50--76.html |
| Transcriber Notes | – |
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[Author (if known)], Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860), [Date (if known)], Enduring Connections: Exploring Delmarva’s Black History, Nabb Research Center, Salisbury University.
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