| Date | 1818 or 17? |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | MD |
| Title | An act to prevent the unlawful exportation of Negroes and Mulattoes, and to alter and amend the Laws concerning Runaways |
| Description/Full Text | "legislators took a step toward greater fairness - at least within the legal framework of slavery - regarding those committed to jails as suspected runaways" (Maryland State Archives). CHAPTER 112. AN ACT to prevent the unlawful exportation of Negroes and Mulattoes, and to alter and amend the laws concerning Runaways. Supplements are 1824, ch. 171 ; 1828, ch. 98. Preamble. WHEREAS, the laws heretofore enacted for preventing the kidnapping of free negroes and mulattoes, and of transporting out of this state negroes and mulattoes entitled to their freedom after a term of years, have been found insufficient to restrain the commission of such crimes and misdemeanors ; and it hath been found moreover, that servants and slaves have been seduced from the service of their masters and owners, and fraudulently removed out of this state ; and that the children of free negroes and mulattoes have been kidnapped from their masters, protectors and parents, and transported to distant places and sold as slaves for life; to prevent therefore such heinous offences, and to punish them when committed, SEC. 1. Be it enacted, by the General Assembly of Maryland, That from and after the publication of this act, no person shall sell or dispose of any servant or slave, who is or may be enti- tled to freedom after a term of years, or after any particular time, or upon any contingency, knowing the said servant or slave to be entitled to freedom as aforesaid, to any person who shall not be at the time of such sale a bona fide resident of this state, and who has not been a resident therein for the space of at least one year next preceding such sale, or to any person whomsoever who shall be procured, engaged or employed, to purchase servants or slaves for any other person not being resi- dent as aforesaid ; and if any person claiming, possessing or being entitled to such servant or slave, shall sell or dispose of him or her to any person who is not a resident as aforesaid, knowing that such person is not a resident as aforesaid, or to any person who shall be procured, engaged or employed, to purchase servants or slaves for any other person not being so resident, knowing the person so buying or receiving such servant or slave to be so procured, engaged or employed, or who shall sell or dispose of such servant or slave for a longer term of years, or for a longer time than he or she is bound to serve, every such person making any such sale or disposition contrary to the meaning and intention of this act, shall be liable to indictment in the county court of the county where such seller or sellers shall reside, or sale be made, and on conviction shall be sentenced to undergo confinement iu the penitentiary for a term not exceeding two years, according to the discretion of the court ; and such servant or slave who may have been sold contrary to the provisions of this act, to any person who is not a resident as aforesaid, or to any person who shall be pro- cured, engaged or employed, to purchase servants or slaves for any other person not a resident as aforesaid, shall be sold by the order of the court for the time he or she may have to serve, for the benefit of the county where such conviction shall be had, or for the use of the mayor and city council of Baltimore, if the conviction shall be had in Baltimore city court. By 1833, ch. 224, the county courts may authorize refractory servants, held for a term of years, to be sold out of the state. Slaves enti-tled to freedom after a term of years not to bo sold out of the state. SEC. 2. And be it enacted. That if any person who is not a bona fide resident of this state, and who has not resided therein for the space of at least one year next preceding such purchase, shall purchase or receive on any contract any such servant or slave, who is or may be entitled to freedom as aforesaid, know- ing that such servant or slave is entitled to freedom as aforesaid, or if any person whomsoever, who shall be procured, engaged or employed, to purchase servants or slaves, for any other person not being resident as aforesaid, shall purchase or receive on any contract any such servant or slave entitled to freedom an afore- said, knowing that such servant or slave is entitled to freedom Persons not residing in the state may be punished for purchas-ing such as aforesaid, with an intention to transport such servant or slave out of the state, every such person making any such pur- chase or contract, contrary to the meaning of this act, shall be liable to be indicted in any county court in this state where he may be found, and on conviction shall undergo confinement in the penitentiary for a term not exceeding two years, and such slave or slaves shall be sold by order of the court for the unex- pired time of their servitude, for the use of the county in which such conviction shall be had, or for the use of the mayor and city council if such conviction shall be had in Baltimore city Proviso. court ; Provided nevertheless, that if any such person who shall have purchased or received such servant or slave, without know- ing 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 justices 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 prosecu- tion or the punishment as aforesaid. How such sales are to be made. SEC. 3. And be it enacted, That no sale of any servant or slave, who is or may be entitled to freedom after a term of years, or after 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 authorized 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 pur- chaser, shall be stated, and the same be acknowledged by said purchaser and seller, or his or her authorized 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 acknowledgment ; and if any such sale should be made, and a bill of sale so as aforesaid should not be 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 intenned by the omission of any one of the requisites aforesaid; and in case any other person shall be entitled to a reversion or remainder in said slave, then the said servant or slave shall become the right and property of the said person entitled immediately to such reversion or re- mainder, in the same manner as if the event or time in which the reversion or remainder was to accrue had actually occurred, unless the court or jury who may decide upon the accrual of Such remainder or reversion under the foregoing pro vision, shall be of the opinion that no fraud was intended by the omission of any one of the requisites aforesaid. SEC. 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 may be, and the name of such slave or slaves, shall be inserted, and the same shall be acknowledged before some justice of the peace of the county where the sale shall be made, and lodged to be recorded in the office of the clerk of the said county, within twenty days, and the clerk shall immediately on the receipt thereof, actually record the same, and deliver a copy thereof, on demand, to the purchaser, with a certificate endorsed thereupon under the seal of the county, of the same being duly recorded, on receiving the legal fees for so recording and authen- ticating the same. Persons purchasing slaves to remove them out of state, how to proceed. SEC. 5. And be it enacted. That if any person who shall so have purchased any slave or slaves for exportation or removal from the state of Maryland, shall have the same in any county within this state, and information be lodged with any judge or justice of the peace, supported by oath or affirmation, that the deponent or affirmant has reasonable ground to believe that such person, who shall so have such slaves in his possession, is about to export and remove them from the state, contrary to law, it shall be the duty of such judge or justice of the peace to proceed to the house or place where such slaves may be, and such judge or justice is hereby empowered and required to enter into any such house or place where such slave or slaves may be, and to demand of the person or persons in whose custody the said slave or slaves may be, an inspection and examination of said slave or slaves, and also of the bills of sale for them respectively, and if upon such demand and examination no bill or bills of sale are produced for either or any such slave or slaves, or if the bills of sale produced shall not have been exe- cuted, acknowledged and recorded, agreeably to the provisions herein contained, or that the description of any such slave or slaves shall be, in the judgment of such judge or justice of the peace, false or fraudulent, then it shall be the duty of such judge or justice of the peace to cause such slave or slaves, for whom no bill of sale is produced, or for whom a false or fraudulent bill Persons so purchasing, on information to enter into recognizance. of sale is produced, to go before some judge or justice of the peace of the county aforesaid, and the person or persons who has or have said slave or slaves in possession shall also appear and enter into a recognizance before the same judge, or justice of the peace, with two sufficient securities in the sum of one thousand dollars, for every such servant or slave in his, her, or their possession, without bills of sale as is herein provided for, to appear at the next county court to answer to the petition of said slave or slaves; and if such judge or justice shall have reason to suspect that such slave or slaves have been stolen by such person or persons, or received by them knowing them to be stolen, of that they had knowingly aided therein, in such cases the recognizance shall provide for their answering such offence; and if such person or persons, so having such slave or slaves, shall refuse or neglect to enter into such recognizance, then such judge or justice of the peace shall commit said person or persons, and such slave or slaves, to the gaol of the county ; and the said judge or justice of the peace shall make return of said commitment to the county court, or Baltimore city court if then in session, and if not in session then to the next term of said courts respectively ; or if such person, having entered into such recognizance, shall refuse to appear agreeably thereto, or if having appeared it shall appear that such slave or slaves is or are entitled to freedom, then the court shall adjudge them free, and if said court shall adjudge them to be slaves for life, or for a term of years, and it shall appear that said slave or slaves shall have been purchased with intent to remove them from the state of Maryland, and no bill of sale for the same shall have been taken for such slave or slaves, or a false or fraudulent bill of sale, then the said court shall order such slave to be sold for the time such slave may have to serve, for the benefit of the county, or for the mayor and city council of Baltimore, if the aforesaid proceedings should be had in Baltimore city court; but if any slave or slaves, after a term of years, or upon any contingency, then the said servant or slave shall become imme- diately the right and property of the said person entitled to such reversion or remainder, in the same manner as if the event or time in which the reversion or remainder was to accrue had Provisos. actually occurred ; Provided, that the said person, so entitled to the reversion or remainder, shall pay the costs of the proceedings which may have been had in the case, otherwise the said servant or slave shall be sold for the use of the county, or the mayor and city council of Baltimore, for the time he or she may have been bound to serve the person who sold said servant or slave ; Provided, that nothing herein contained shall be con- strued to extend to the case of any citizen removing from the state of Maryland with his servants and slaves, provided such citizen shall have resided within the state one year next pre- ceding such removal, or to any person travelling with his or her servants or slaves in or through the state not purchased with intent to export the same within the meaning of this act. SEC. 6. And be it enacted, That hereafter when any servant or slave shall be committed to the gaol of any county in this state, as a runaway, agreeably to the laws now in force, and the notice required to be given by law by the sheriff shall have been given, and the time for their detention expired, and no person or persons shall have applied for and claimed said suspected runa- way, and proved his, her, or their title to such suspected runaway, as is now required by law, it shall be the duty of the sheriff forthwith to carry such slave or slaves before some judge of the county court, or judge of the orphans court, with his com- mitment, and such judge is hereby required to examine and inquire, by such means as he may deem most advisable, whether such suspected runaway be a slave or not, and if he shall have reasonable grounds to believe that such suspected runaway is a slave, he may remand such suspected runaway to prison, to be confined for such further or additional time as he may judge right and proper ; and if he shall have reason to believe that such suspected runaway is the slave of any particular person, he shall cause such notice to be given by the sheriff, to such supposed owner, as he may think most advisable, but if said judge shall not have reasonable ground to believe such suspected runaway to be a slave, he shall forthwith order such suspected runaway to be released ; and if no person shall apply for such suspected runaway, after he may be so remanded, within the time for which he may be remanded, and prove his, her or their title as the law now requires, the said sheriff shall, at the expira- tion of such time, relieve and discharge such suspected runa- way, and in either case when such suspected runaway shall be discharged, the expense of keeping such runaway in confine- ment shall be levied on the county as other county expenses are now levied. Under 1828, ch. 98, the expenses for commitments, of the negroes dis- charged under this section, was to be paid by the treasurer, which Was repealed by 1831, ch. 185. Runaway slaves, pro- ceedings relative thereto. SEC. 7. And be it enacted. That in all cases where jurisdic- tion, power and authority, are given by this act to the several county courts in this state, for matters arising in said counties, the same power and jurisdiction is hereby vested exclusively in Baltimore city court, for all matters arising in Baltimore county or city, and not in Baltimore county court. SEC. 8. Requests the executive to have the law printed in the public newspapers. Powers vested in Baltimore city court |
| Additional Information | – |
| Source | https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000141/html/am141--658.html http://slavery.msa.maryland.gov/html/research/histlaw.html |
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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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