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Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860)

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July 18, 2023

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All Records in Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860)

Record #1

Date Mar 14, 1832
Jurisdiction MD
Title An act relating to Free Negroes and Slaves 1831

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Date Mar 14, 1832
Law/Legislation Law
Jurisdiction MD
Title An act relating to Free Negroes and Slaves 1831
Description/Full Text An act relating to Free Negroes and Slaves
Immigration of
free negroes forbid
Section 1, Be it enacted by the General Assembly of Mary-
land, That after the passage of this act, no free negro or
mulatto shall immigrate to, or settle in this state, and no free
negro or free mulatto belonging to any other stale, district
or territory shall come into this state, and therein remain
Or sojourn longer
than 10 days.
for the space of ten successive days, whether such free ne-
gro or mulatto intends settling in this state, or not, under the
Penalty $50 per
week
penalty of fifty dollars for each and every week such per-
son coming into, shall thereafter remain in this state; the one
half to the informer, and the other half to the sheriff for the
How recoverable
use of the county, to be recovered on complaint and convic-
tion before a justice of the peace of the county in which he
shall be arrested: and any free negro or mulatto refusing or
On neglect to pay.
neglecting to pay said line or fines, shall be committed to the
jail of the county, and shall be sold by the sheriff at public
sale, for such time as may be necessary to cover the afore-
said penalty, first giving ten days previous notice of such Committed and
sale and the said sheriff after deducting prison charges and said for for time.
a commission of ten per centum, shall pay over one half oi
the nett proceeds to the informer, and the balance he shall Disposition of
pay over to the levy court or commissioners, as the case proeeds.
may be, for the use of the county.
Sect. 2, And be it enacted, That no person in this state. Hiring or employ-
shall hereafter hire, employ or harbor any free negro or mu- ing any forbid
latto who shall immigrate or settle in this state, after the first
day of June next, or any free negro or mulatto who shall
come into this state, from any other state, district or terri-
tory, and continue in this state for the space of ten succes-
sive days as above, under the penalty of twenty dollars for Penalty of $20 for
every day after the expiration of four days, any such free every day.
negro or mulatto so immigrating and settling in this state, or
so coming into, and so staying in this state shall be so em-
ployed, hired or harbored, and all fines accrued under this
act, may, before any justice of the peace of the county in
which the offence is committed, be recovered by action of
debt, each party to have the benefit of appeal to the county Appeal provided
court, and one half thereof to be applied to the informer,
and the other half to the use of the county; and if any negro
or mulatto shall remove from this state, and remain without Negroes removing
the limits thereof for a space longer than tinny consecutive and remaining out
days, unless before leaving the state he deposits with the of the state 30 days
clerk of the county in which he resides, a written statement regarded at
of his object in doing so, and his intention of returning again, aliens.
or unless he shall have been detained by sickness or coer- Exceptions.
cion, of which he shall bring a certificate, he shall be re-
garded as a resident of another state, and be subject, if ho
return, to the penalties imposed by the foregoing provisions
upon free negroes and mulattoes of another state, migrating
to this: Provided, that nothing contained in this act shall pre-
vent any free negro or mulatto from visiting Liberia and re-
turning to the state whenever he may choose to do so.
Sec. 3. And be, it enacted, That nothing in the two pre- Those engaged in
ceding sections hereof, shall be construed to extend to any navigation — wagon-
free negro or mulatto that may be engaged in navigating any ners and travelling
ship, vessel or boat under a white commander, or any wag- servants &c excep-
oner or hired servant travelling with his master or employer, ted.
or such as may lawfully come into this state, and be detain-
ed by sickness or other casualty.
Sec. 4. And be it enacted, That it shall not be lawful from Prohibition against
and after the first day of June next, to import or bring into bringing slaves
into this state.
this State, by land or water, any negro, mulatto, or other
slave, for sale, or to reside within this State; Provided, That
nothing herein contained shall be construed to alter or an-
nul any of the acts now in force, in relation to the rights of
Exceptions,
non-residents to remove to or from, or employ their slaves
upon their islands in the Potomac river; and any person or
Any Slave so
brought is forfeited
and entitled to
freedom.
persons offending,shall forfeit for every such offence, any ne-
gro, mulatto, or other slave, brought into this State contrary
to this act; and such negro, mulatto, or other slave, shall be
On condition of
leaving the state.
entitled to freedom, upon condition that he consent to be
sent to Liberia, or to leave the State forthwith; otherwise
such negro, or mulatto, or other slave, shall be seized and
Must be commit-
ted &c.
taken and confined in jail by the sheriff of the county, where
the offence is committed; which sheriff shall receive ten dol-
lars for every negro, mulatto, or other slave so brought into
this State, and forfeited as aforesaid, and seized and taken
by him, to be recovered in an action of debt, in his own
name, before any justice of the peace, as small debts are re-
covered from the person or persons so offending; moreover,
Compensation to
sheriffs.
said sheriff shall receive five dollars for such negro, mulatto,
or other slave, actually confined by him in jail, and the usual
prison fees now allowed by law; and any person or persons
Further penalty
for the offence.
so offending under this act, shall be punished by indictment
in the county court of the county where the offence shall bo
committed, and upon conviction thereof, the said court shall,
by its order, direct said sheriff to sell any negro, mulatto,
or other slaves so seized and taken by him under this act,
Negro to be sold
for five dollars.
Conditionally
to the colonization society, for said five dollars, and the
prison fees of any negro, mulatto, or other slave, to be taken
to Liberia; and if the said colonization society will not re-
ceive such negroes, mulattoes, or other slaves, for said five
dollars each, and the prison fees of each, upon refusing, said
sheriff shall, after three weeks public notice, given by public
advertisements, sell any such negro, mulatto, or other slave,
to some person or persons, with a condition that any such
negro, mulatto, or other slave, shall be removed and taken
Or sold out of the
stale.
forthwith beyond the limits of this State, to settle and re-
side; and said sheriff shall report any sale or sales made by
Report of sales
required.
him to the county court of the county in which he reticles,
and after deducting five dollars and prison fees for each and
every negro, mulatto, or other slave, sold as aforesaid, which
Disposition of pro-
ceeds.
shall be settled by an account current, to be settled in said
court, said sheriff shall pay over the balance of said sales to
the treasurer of the shore where he may reside; Provided,
That this act shall not be so construed as to prevent any
Exception in favor
of border land
holders &c.
person or persons residing in this or any adjoining State,
and who hold in their own right or in right of any other
persons, lands in both States within ten miles of each other,
from removing their slaves to and from said lands, solely for
the cultivation and improvement of the same; And Provided
also, The names, ages, and sex, of any slaves so removed,
shall be recorded in the office of the clerk of the county
court of such county in this State, into which the said
negroes shall be so removed within thirty days after their
removal.
Sec. 5. And be it enacted, That it shall be the duty of all On information of
justices of the peace in the county, upon information being a slave being in-
given them, or any of them, that any negro, mulatto, or other Introduced.
slaves, hath been brought into this State contrary to this act,
to issue warrant for any person or persons so offending, in Warrant directed
the name of the State of Maryland, and upon any person or
persons being brought before him on said warrant, charge-
able with the offence aforesaid, to cause any such person or
persons to enter into recognizance for her, his, or their per- Recognisance
sonal appearance before the judges of the county court to required.
plead and answer to whatsoever may be there alleged in
that behalf, with such penalty in said recognizance as said
justice of the peace shall approve; and upon refusal to give
such recognizance, such person or persons, so offending,
shall be committed to the said jail of the county by said jus- Or committal
tice of the peace, to be confined until the next meeting of
the county court of the county in which said offence shall
be committed.
Sec. 6. And be it enacted, That no free negro or mulatto
shall be suffered to keep or carry a firelock of any kind, Negroes forbid to
any military weapon, or any powder or lead, without first have firelocks, &c.
obtaining a license from the court of the county or corpo-
ration in which he resides; which license shall be annually Without license,
renewed, and be at any time withdrawn by an order of said
court, or any judge thereof; and any free negro or mulatto License revokable.
who shall disregard this provision, shall, on conviction
thereof before a justice of the peace, for the first offence
pay the cost of prosecution, and forfeit all such arms to the Penalty.
use of the informer; and for the second or any subsequent
offence shall, in addition to such costs and forfeiture, be
punished with stripes, at the discretion of the justice, not Stripes.
exceeding thirty-nine, or be subject to the penalties of fe-
lony.
Sec. 7. And be it enacted, That it shall not be lawful for Religious meet-
any free negro or negroes, slave or slaves, to assemble or ings of negroes-
attend any meetings for religious purposes, unless conducted forbid without.
by a white licensed or ordained preacher or some respecta-
ble white person or persons of the neighborhood, as may be Except atten-
duly authorised by such licensed or ordained preacher, du- dance &c.
itng the continuance of such meeting; and if any such
meeting shall be held without being conducted as aforesaid,
Such meetings
deemed unlawful
they shall be considered as unlawful and tumultuous meet-
ings, and it shall be the duty of the nearest constable, or
any other civil officer knowing of such meetings, either
from his own knowledge or the information of others, to
repair to such meeting, and disperse the said negroes or
Duty of constables
&c to disperse
them.
slaves, and if any such constable shall fail to comply with
the provisions of this act, he shall be subject to a fine of
Incur penalty for
neglecting.
not less than five nor more than twenty dollars, at the dis-
cretion of a justice of the peace of the county in which he
resides, whose duty it shall be to impose the fine, on infor-
Magistrates duty
to inflict the penal
ty
mation being given of such neglect; and return the proceed-
Return proceed-
ings
ings and judgment on the same to the clerk of the county,
who shall enter it upon the pioper docket to be collected
and applied as other fines and forfeitures now are; Provided,
Proviso.
That this act shall not interfere with any right of an owner
or employer of any slave or slaves, to allow his own ser-
vants or those employed by him or her, to have prayers or
other religious service upon his own land; And provided
also, That nothing contained in this act shall be constiued
Further exception
— Baltimore and
Annapolis
to prevent the assemblage, within the limits of Baltimore
city and Annapolis city, of such slaves, or free negroes and
mulattoes for the purpose of religious worship, if said meet-
ings are held in compliance with the written permission of a
white licensed ordained preacher, and dismissed before ten
o'clock at night.
Free negroes -
found associating
in such unlawful
meetings, liable to
be punished as
as slaves
Sec 8. And be it enacted, That all free negroes or mu
lattoes who shall be found associating, or in any company
with slaves, at any unlawful or tumultuous meeting, either
by day or mght, or who shall in connection with any slave
or slaves, as principal or accessary, be guilty of, and con-
victed of, any offence for which slaves are now punishable,
before a justice of the peace, such free negro or mulatto
shall be subject to the same punishment, and be liable in
every respect to the same treatment and penalty as slaves
thus offending.
Purchasing from
negroes forbid
Sec. 9. And be it enacted. That it shall not be lawful for
any person or persons to purchase of any free negro or mu-
Articles mention-
ed.
latto, or from any slave or slaves, any bacon, pork, beef,
mutton, corn wheat, tobacco, rye, or oats, unless such free
negro or mulatto shall, at the time of such sale, produce a
Without certifi-
cate.
certificate from a justice of the peace, or three respectable
persons residing in the neighborhood of said negro, of the
county in which such negro resides, that he or they have
reason to believe and does believe, that such free negro or
mulatto came honestly and bona fide into possession of any
such article so ottered for sale, or unless such slave shall
produce a written authonty from his or her owner, employ-
er or overseer, to sell any such article; and any person thus
offending against the provisions of this act, shall be subject
to a penalty of five dollars for every such offence, or a pe- Penalty.
nalty equal in amount to the value of the article purchased,
should the value thereof exceed the sum of five dollars; the
said penalty to be recovered before a single justice of the Recoverables
peace, whose duty it shall be to return the proceedings and
judgment thereon to the clerk of the county, to be collected
as is hereinbefore provided, one half to the use of the in-
former, and the balance to be paid to the levy court, or com -
missioners, as the case may be, for the use of the county; it
shall be the duty of the person charged to retain and pro- Duty of accused
duce the certificate of the magistrate, or written authority, .to retain & pro-
in his or her defence, or account for its loss and contents, duct certificate
either by his own oath or some competent witness.
Sec. 10. And be it enacted, That it shall not be lawful for Sale to negroes, of
any retailer, ordinary keeper, or other person, to sell any ar- spirituous liquors,
dent spirits, gunpowder, shot, or lead, to any free negro, mu- gun power &c for.
latto or slave, without, in the case of a free negro, such free bid.
negro shall produce a certificate in the nature of a license
or permit, from a justice of the peace in the county in which Without specific
such free negro may reside, directed to the person so selling certificate, if free
the same; or, in case of a slave, unless such slave shall pro-
duce a written authority from his owner, employer or over- Or written order
seer, and any person so offending shall be subject to the like of master etc of a
penalty, to be recovered and applied in every respect as is slave.
provided in the foregoing section of this bill. Under penalties.
Sec. 11 . And be it enacted, That the judges of the county Courts authorised
courts and Baltimore city court,shall,at their several sessions, to withdraw li-
have full power and authority as to the continuing or with- censes tor selling.
drawal of any license or licenses to retail ardent spirits,
and may, on application or remonstrance, exercise a sound
discretion relative thereto, and in the recess of the county
court, and Baltimore city court, the judges of the orphans' Similar powered
court, at their several sessions, shall and may exercise a orphans courts.
similar power, authority and discretion, and no license to
retail ardent spirits, shall hereafter be granted to any free
negro or mulatto, except by order or under the authority of Negroes not to
said courts, or one of them, at their respective sessions as have licenses to
above: Provided, That this act shall not be so construed as sell spirits.
to take from the clerks of the county courts, or of Balti-
more city court, the power of issuing license to any free Explanatory
white person, nor to effect or alter the dales or time of is- proviso.
suing or granting licenses as now provided by law; but no
license shall be issued by said clerk to any person from
whom a license shall once have been withdrawn by order
of court as above provided, except with the permission of
the court: Provided also, That such negro or mulatto so ob-
taining a license as above, shall enter into recognizance with
Further proviso
such sureties and in such condition and penally as the said
courts or either of them shall approve.
Negroes convicted
of crimes not capi-
tal be punnish-
ed according to
existing laws, or
banished the State.
Sec. 12. And be it enacted, That if any free negro or
mulatto shall be convicted of any crime committed after the
passage of this act, which may not, under the laws of this
state, be punished by hanging by the neck, such iree negro
or mulatto may, in the discretion of the court, be sentenced
to the penalties and punishments now provided by law, or
be banished from this state by transportation into some
foreign country.
Additional Information
Source Legacy of Slavery in Maryland: History of Runaways https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000213/html/am213--445.html
Transcriber Notes
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Record #2

Date 1835
Jurisdiction MD
Title A further supplement to the act, entitled, an act relating to Free Negroes and Slaves, passed at …

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Date 1835
Law/Legislation Law
Jurisdiction MD
Title A further supplement to the act, entitled, an act relating to Free Negroes and Slaves, passed at December session eighteen hundred and thirty-one, chapter three hundred and twenty-three
Description/Full Text Preamble.
WHEREAS, there are many citizens in this state who hold
land both in this state and the state of Virginia, and vice versa,
who find much inconvenience from existing laws, in removing
their slave labour from one state to the other, as necessity and
occasion may require, and for the purpose of facilitating this
intercourse, and at the same time to repress within proper limits
the increase of the slave population in the state ; therefore,
Remove
slaves into
this state.
SEC, 1. Be it enacted, by the General Assembly of Maryland,
That it shall be lawful for any citizen of this state who may
hold lands in Virginia and also in this state, and any citizen of
Virginia who may hold lands in this state, to remove his slaves
from Tirginia into this state, on his compliance with the requi-
sitions and provisions of the fourth section of the act of assem-
bly, passed at December session, eighteen hundred and thirty-
one, and also of the act of eighteen hundred and thirty-three,
chapter eighty-seven, entitled, a further supplement to an act,
entitled, an act relating to free negroes and slaves, so far as the
To file list
of negroes.
same requires him to file on oath a list of the negroes so re-
moved, in the clerk's office of the county into which they may
be removed, and on payment of the tax for the same, for the
benefit of the Colonization Society, as is therein prescribed.
May be em-
ployed in
either state.
SEC. 2. And be it enacted, That any slave or slaves so re-
moved tinder this act, or the act to which this is a farther sup-
plement, from Virginia into this state, or any slave or slaves
owned in the state of Maryland, may hereafter be employed in
either state, at the ojption of the owner or owners, and removed
from one state to the other at his pleasure, without limitation or
Proviso.
restriction ; Provided however, that this act shall not be con-
strued to affect in any wise, owners of slaves, to whom privi-
leges are extended by the fourth section of the act, passed at
December session, eighteen hundred and thirty-one, chapter
three hundred and twenty- three.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000141/html/am141--1218.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
Transcriber Notes
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Record #3

Date 1834 (33? according to MSA)
Jurisdiction MD
Title An act to encourage the more effectual apprehending of
Runaway Servants and Slaves.

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Date 1834 (33? according to MSA)
Law/Legislation Law
Jurisdiction MD
Title An act to encourage the more effectual apprehending of
Runaway Servants and Slaves.
Description/Full Text Preamble
WHEREAS, by the fifth section of an act, passed at No-
vember session, eighteen hundred and six, chapter eighty
one, relating to runaway servants and slaves; it is provided
that any person or persons seizing and taking up such
runaways, shall have and receive six dollars, AND WHERE-
AS, from experience, it is ascertained the sum is insufficient
to give that impetus to the apprehension of such runaways as
the case really deserves and to remedy the evil thereof:
Be it enacted by the General Assembly of Maryland, that
from and after the passage of this act, the sum allowed
for seizing, taking up and securing any runaway slave,
from this or any other state, as provided by the fith section of this act,
passed in eighteen hundred and six, above referred to, shall be thirty
dollars instead of six dollars, as provided for by said original act, to
be recovered according to the provisions of said original act,
from the party owning or holding such slave.
Additional Information
Source http://slavery.msa.maryland.gov/html/research/histlaw.html
https://babel.hathitrust.org/cgi/pt?id=osu.32437123281111&view=1up&seq=141
Transcriber Notes
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Record #4

Date 1825 (24? according to MSA)
Jurisdiction MD
Title An act to prohibit the transportation of absconding slave to Hayti, or elsewhere

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Date 1825 (24? according to MSA)
Law/Legislation Law
Jurisdiction MD
Title An act to prohibit the transportation of absconding slave to Hayti, or elsewhere
Description/Full Text Sec. 1. Be it enacted by the General Assembly of Maryland, That
no master or officer of a vessel shall hereafter receive on board said
vessel, or transport from this state any negro or mulatto, until such
negro or mulatto shall produce a regularly authenticated certificate
of freedom from some clerk or register of the county courts of this
state, accompanied by a duly authenticated certificate by the clerk
of the county court, where such vessel may clear out, said certifi-
cate to have a description of said negro or mulatto, his or her
name, age, place of birth, height, colour and residence previous to
applying for the same.
Register of
certificates—
Fee
2. And be it enacted, That said clerk of court shall keep a regis-
ter with description list of all applicants receiving certificates, and
shall be entitled to receive one dollar for each person who may ap-
ply to inspect said register and list of applicants.
Master of
vessel to keep
and shew re-
gister.
3. And be it enacted, That it shall be the duty of every master or
officer of such vessel to keep a register and description list of each
and every negro or mulatto received on board, which he shall ex-
hibit to any person applying to see the same, and give every facility
of search, under a penalty of one hundred dollars for each refusal
or neglect to do the same, to be recovered by action of debt in the
county court, one half to the use of the state, the remainder to the
plaintiff.
Penalty for
neglect.
4. And be it enacted, That if any master or officer of vessels shall
transport from this state any negro or mulatto without having com-
plied with the requisites of this act, shall incur a penalty of one
thousand dollars to be recovered by action of debt in any county
court of this state; one half of the sum to the use of the state, the
other half to the owner or party who shall sue for the same,
Additional Information
Source http://slavery.msa.maryland.gov/html/research/histlaw.html
https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000629/html/am629--69.html
Transcriber Notes
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Record #5

Date 1839 (38? according to MSA)
Jurisdiction MD
Title An act to prevent the transportation of People of Colour, upon Rail Roads or in Steam Boats

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Date 1839 (38? according to MSA)
Law/Legislation Law
Jurisdiction MD
Title An act to prevent the transportation of People of Colour, upon Rail Roads or in Steam Boats
Description/Full Text Preamble.
WHEREAS it has been represented to this General
Assembly that the owners of slaves in the State have
suffered great loss by the facilities of escape, afforded
to slaves by means of Rail Roads and Steam Boats,
therefore for remedy of said evil.
Transportation of
slave without a
written permit,
forbid.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That it shall not be lawful for any slave to
be transported on any rail road, chartered by this
State, or any steamboat, tow-boat or other vessel nav-
igating the waters of this State, without a permission
in writing from the owner of such slave, under the pen-
Penalty $500.
alty of five hundred dollars for every violation of this
act, to be recovered in the name of the State, from the
president, directors and company of said rail road, or
the owners or captain of said steamboat, tow-boat op
other vessel, as the case may be, by action of debt in
any of the courts of law of this State, one half whereof
shall be for the use of the informer, and the other half
for the use of the State.
In case of escape
a slave.
Sec. 2. And be it enacted, That if any slave or slaves
shall escape from his or their owner or owners, by being
Owner may recover
the value.
transported on said rail roads, or in said steamboats,
tow-boats, or other vessel, the master or mistress, or oth-
rer owner or owners thereof, shall and may recover the
value of such slave or slaves from the president, di-
rectors and company of said rail road, or the owners
sel, as the case may be, by action of debt in his, her or
their name or names, in any of the courts of law in this
State.
Exception.
Sec. 3. And be it enacted, That the provisions of the
to any slave travelling in company with his, or their
master or mistress, his, her or their agent, or as the
servant or attendant of any white person or persons,
bonafide employed for that purpose.
Additional Information
Source http://slavery.msa.maryland.gov/html/research/histlaw.html https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000598/html/am598--377.html
Transcriber Notes
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Record #6

Date 1839 (38? according to MSA)
Jurisdiction MD
Title An act to provide for the recapture of fugitive Slaves

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Date 1839 (38? according to MSA)
Law/Legislation Law
Jurisdiction MD
Title An act to provide for the recapture of fugitive Slaves
Description/Full Text Escape made felo-ny.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That from and after the passage of this act,
any negro slave, who shall escape from this State into
the District of Columbia, or into any of the States of
this Union against the will and consent of his maste
or ownerm with a view to escape from such servitude,
shall upon suficient evidence of such facts be deemed
guilty of felony.
On conviction
thereof.
Sale directed.
Proceeds to be paid
over.
Sec. 2. And be it enacted, That upon conviction of
the offence prescribed in the first section of this act on
an indictment by the Grand Jury of the county or city
from which such slave shall have escaped, the said slave
shall be sold, after ten days' notice, by the sheriff of
such county or city, to the highest bidder, and after de-
ducting the necessary expenses for arrest, detention
and conviction of such slave, the balance shall be de-
livered to the master, mistress, or owner of such slave.
On evidence of
fact of escape.
Sec. 3. And be it enacted, That upon evidence of
the fact of such escape afforded either by affidavit, be
fore any person authorized to administer the same to
this State or by indicment by any grand jury of this
Governor shall de-
mand such slave
from such State,
as a fugitive from
justice.
State, being furnished to the governor of this State,
by the master, mistress or owner, or any person duly
authorized by them to make such claim, it shall be the
duty of the governor to demand such slave from the
proper authority in the District of Columbia, or from
the governor of the State, into which such slave may
have escaped as a fugitive from justice.
Purchaser of such
slave shall bond to
remove him from
the State, &c.
Sec. 4. And be it enacted, That the purchaser of
such slave, under the provisions of the second section
in the office of the clerk of the county or city in which
said slave shall be made, a bond to the State of. Mary-
land, in the penalty of the sum for which said slave
shall be sold, to remove him or her from the State of
Maryland, and in default of the execution of such
bond by the first purchaser, the said slave shall be
again exposed to sale, and shall not be delivered out of
the custody of the sheriff, until such bond shall have
been filed by the party purchasing.
Additional Information
Source http://slavery.msa.maryland.gov/html/research/histlaw.html https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000598/html/am598--50.html
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Record #7

Date 1818 or 17?
Jurisdiction MD
Title An act to prevent the unlawful exportation of Negroes and Mulattoes, and to alter and amend the L…

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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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Record #8

Date Mar. 22, 1838
Jurisdiction MD
Title An act to limit the number of Constables in the several Election districts in Anne Arundel count…

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Date Mar. 22, 1838
Law/Legislation Law
Jurisdiction MD
Title An act to limit the number of Constables in the several
Election districts in Anne Arundel county, and to
increase their Fees.
Description/Full Text SECTION 1. Be it enacted by the General Assembly of
Maryland, That from and after the first day of April
next, the Commissioners of Anne Arundel county he,
and they are hereby required to appoint, not exceeding
three suitable persons for the office of constable in
each election district in said county, who shall, when
so appointed, comply with, and strictly adhere to the
laws of this State now existing in relation to consta-
bles and their fees, except so far as hereinafter provi-
ded for.
Three consta-
bles for each
E. District.
Fees for duties
SEC. 2. And be it enacted, That from and after the
first day of April next, the several constables in the
several election districts in Anne Arundel county shall
be allowed to take and receive, for their services the
following fees, and no more: for serving a warrant for
debt under fifty dollars and return, forty cents; for
serving warrant over fifty dollars and return, fifty
cents; for serving State's warrant .and return, fifty
cents; for serving scire facias and return, forty cents;
for inflicting stripes agreeable to a judgment of a jus-
tice of the peace, fifty cents; for delivering a person
committed over to the jailor, one dollar; for dispersing
tumultuous meetings of negroes, such sum as the com-
missioners of said county may think proper, not ex-
ceeding twenty-five dollars in any one year; for taking
up runaways, six dollars; for levying fieri facias and
return, twenty cents: for serving execution on body
and return, twenty cents; for summoning jury of in-
quest for each person summoned, twelve and a half
cents; for serving an attachment for contempt, fifty
cents; for levying distress for rent, one dollar and
twenty-five cents, for which cost the tenant shall in
all cases bo liable to the landlord; for summoning ap-
praisers on distress for rent, for each appraiser sum-
moned, twenty cents; for swearing appraisers each
ten cents.
Shall keep doc-
kets.
SEC. 3. And be it enacted, That it shall he. the duty
of the several constables in the several election dis-
tricts in said comity to keep a regular docket, in
which they shall enter all cases which may be placed
Manner of en-
tries.
in their hands for service or collection, in the follow-
ing manner: A. B. vs. C. D. debt, whatever the
amount may he, receipted for this day of —— in the
year of —— which said docket, so kept by said con-
stable, shall he placed in the hands of the chief jus-
tices of the district, annually, for which said consta-
ble or constables may have been appointed; and the
said chief justice of the district, in the hands of whom
it may be placed, shall cause the said constable so pla-
cing his docket in the hands of said chief justice, to
Affidavit there-
on.
endorse thereon the following affidavit: Maryland,
Anne Arundel county, sct. Personally appeared before
me, Chief Justice of the Magistrates' Court for the
——— election district in Anne Arundel county, A. B.
one of the constables thereof, and made oath on the
Holy Evangely of Almighty God, that the docket re-
turned and placed in the hands of —— chief justice of
the —— election district in said county, is a true and
faithful record of all proceedings and business placed
in his hands during the year for which said docket has
been kept.
Case of neglect
of duties.
SEC. 4. And be it enacted, That if any constable
or constables, appointed under the provisions of this
act, shall fail, neglect or refuse to keep, return, or
place in the hands of the Chief Justice of the Magis-
trates' Court for the election district in which he is
appointed, the said constable or constables so refusing,
neglecting or failing to comply with the provisions of
Liable to $50
penalty.
this act, shall forfeit and pay over to the said chief
justice of the election district for which he may be ap-
pointed, the sum of fifty dollars, to be recovered as
debts are now recovered before the magistrates' courts
in said county, and applied or accounted for in the
same manner as all other money is accounted for un-
der the provisions of the law now regulating magis-
trates' courts in said county.
SEC. 5. And be it enacted, That whenever any per-
son or persons shall place or cause to be placed in the
hands of any constable in any of the several election
districts in said county, any account, bond, bill, note
or other evidence of debt, or any warrant, writ or ex-
ecution, or any process which said constable may be
by the laws of this State authorised and obliged to
serve, on taking or receiving a receipt therefor, shall
pay to the said constable the sum of twelve and a half
cents as a compensation for making docket entry and
CHAP. 272.
12½ cts for doc-
ket entry.
receipting therefor.
SEC. 6. And be it enacted, That the constable's
docket so filed and returned, to the Chief Justice of
the Magistrates' Court for the district for which the
said constable doth act, shall be kept by the said court
for the purpose of giving or furnishing transcripts to
Constables doc-
ket, how dis-
posed of.
any person or persons who may desire the same; and
the said chief justice or either of the associate justi-
ces shall be allowed, and are hereby authorised to
charge and receive, for a transcript given to any per-
son or persons, the sum of twelve and a half cents.
12½ for trans-
cripts.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000601/html/am601--277.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #9

Date Feb 10, 1819
Jurisdiction MD
Title An act entitled, A further additional supplement to the act entitled, An act concerning Crimes an…

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Date Feb 10, 1819
Law/Legislation Law
Jurisdiction MD
Title An act entitled, A further additional supplement to the act entitled, An act concerning Crimes and Punishments
Description/Full Text Where slaves, &.c
are sold out of
penitentiary
keeper to deposit
money in some
bank in Baltimore.
Persons convicted
of enticing or as-
sisting slaves,
knowingly to run
away, to undergo
a confinement, in
the penitentiary.
See. 1. Be it enacted, by the General Assembly of Maryland, That
from and after the passage of this act, in all cases where any slave,
or servant for a term of years, shall be sold out of the penitentiary
of this state, under the provisions of the act to which this is a sup-
plement, that it shall be the duty of the keeper of the penitentiary
to deposit the money arising from such sale, in some bank in the
city of Baltimore, and immediately to notify the clerk of the coun-
ty, for the use of which the said deposit shall have been made,
which money shall be. subject to the order of the. justices of the
levy court of the county aforesaid.
2. And be it enacted, That if any free person shall be convicted
for having enticed, persuaded, or assisted any slave or servant,
knowing him or her to be such, to run away from his or her lawful
owner or possessor, and such slave or servant shall actually run
away, or having harboured such runaway slave or servant, know-
ing him or her to be such, thru such person shall be liable to in-
dictment in the county court of the county where he or she resides,
or in the city court of Baltimore if he or she resides in the city of
Baltimore, and upon conviction shall undergo a confinement in the
penitentiary not exceeding six years.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc4800/sc4872/003183/html/m3183-0615.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #10

Date January 18, 1828
Jurisdiction MD
Title An additional supplement to the act entitled, An act concerning crimes and punishments, passed De…

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Date January 18, 1828
Law/Legislation Law
Jurisdiction MD
Title An additional supplement to the act entitled, An act concerning
crimes and punishments, passed December session eighteen
hundred and eighteen, chapter one hundred and fifty seven.
Description/Full Text Free persons en-
ticing slaves to run
away subjected to
indictment & con-
finement in the
Penitentiary
SECTION l. Be it enacted by the General Assembly of Mary-
land, That if any free person shall entice, persuade or assist
any slave or servant, knowing him or her to be such, to run
away from his or her lawful owner or possessor, and such
slave or servant, shall actually run away, or having harboured
such run away slave or servant knowing him or her to be such,
then such person shall be liable to indictment in the county
court of the county where such offence shall have been com-
mitted, or in the city court of Baltimore, if such offence shall
have been committed in the city of Baltimore, and upon con-
viction shall undergo a confinement in the Penitentiary not
exceeding six years.
Slave guilty of
like offence to re-
ceive thirty-nine
lashes
SEC, 2. And be it enacted, That if any slave shall entice,
persuade or assist any slave or servant, knowing him or her to
be such, to run away from his or her owner, master or mis-
tress, and such slave or servant shall actually run away, then
such slave so enticing, persuading or assisting, shall upon
conviction thereof before any justice of the peace of the county
where such offence was committed, or before any justice of the
peace of the city of Baltimore if the offence shall be committed
within the limits of said city, shall be sentenced to receive
thirty-nine lashes for such offence.
Laws inconsistent
herewith repealed
SEC. 3, And be it enacted, That all such parts of the law,
to which this is a supplement, as are inconsistent with the
provisions herein contained, be, and the same are hereby re-
pealed.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000474/html/am474--10.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #11

Date Feb. 27, 1850
Jurisdiction MD
Title An act entitled, a further additional supplement to the act entitled, an act concerning Crimes a…

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Date Feb. 27, 1850
Law/Legislation Law
Jurisdiction MD
Title An act entitled, a further additional supplement to the
act entitled, an act concerning Crimes and Pun-
ishments
Description/Full Text Penalty for en-
ticing slaves to
run away, if a
free person.
SECTION 1. Be it enacted by the General Assem-
bly of Maryland, That from and after the passage of
this act, if any person or persons shall entice, persuade,
assist or offer any inducement to any slave or servant,
knowing him or her to be such, to runaway from his or
48[?]
her lawful owner, or possessor, or shall harbor any run-
away slave or servant, knowing him or her to be such,
then such person or persons shall be liable to indictment
in the county court of the county where such offence
shall have been committed, or in the city court of the
city of Baltimore, or in the district court of Howard
district, if such offence shall have been committed in
the city of Baltimore, or Howard district, and upon
conviction shall be sentenced to undergo a confinement
in the penitentiary house for a period of time not less
than six, nor more than fifteen years, there to be treat-
ed as the law directs.
If the offender
be a slave.
SEC. 2. And be it enacted, That if any slave shall
be duly convicted of any offence under the provisions
of the first section of this act, such slave may in the
discretion of the court before whom such conviction shall
be had, be sentenced to undergo a confinement in the
penitentiary house, as is hereinbefore provided, or to re-
ceive on his or her bare back any number of lashes not
exceeding forty.
Inconsistent
acts repealed
SEC. 3. And be it further enacted. That the act of
December session eighteen hundred and forty-four, chap-
ter eighty, the act of December session, eighteen hundred
and twenty-seven, chapter fifteen, the second section of
the act of December session, eighteen hundred and eigh-
teen, chapter one hundred and fifty-seven,and all acts and
parts of acts inconsistent with any of the provisions of
Proviso
this act, be and the same are hereby repealed; provided
nevertheless, that nothing herein contained shall be
deemed or construed in any manner to hinder or prevent
the indictment, conviction and punishment, of any person
or persons, who at the time when this act will go into
operation, shall have committed any offence punish-
able under any of the acts hereby entirely or partially
repealed, but such person or persons shall be liable to be
indicted, convicted and sentenced, at any time after the
passage of this act, in the same manner, and for the
same period or periods of confinement, as he, she or
they, might or could have been, had the acts hereby
repealed continued in full force and operation.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000613/html/am613--373.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #12

Date Jan 6, 1810
Jurisdiction MD
Title An ACT concerning Crimes and Punishments

All Fields in This Record

Date Jan 6, 1810
Law/Legislation Law
Jurisdiction MD
Title An ACT concerning Crimes and Punishments
Description/Full Text WHEREAS it frequently happens, that men resigning themselves to the dominion of inordinate
passion, commit great violations upon the lives, liberties or property, of others, which it is the
great business of the laws to protect and secure, and experience evinces that the surest way of pre-
venting the perpetration of crimes, and of reforming offenders, is by a mild and justly proportioned
scale of punishments; therefore,
II. B s IT ENACTED, by the General Assembly of Maryland, That the offences herein after mentioned
against the government and the supremacy of the laws, shall be punished in manner following; that
is to say, 1st. Every person duly convicted of the crime of high treason against the state, shall suf-
fer death by hanging by the neck, or be sentenced to undergo a confinement in the penitentiary-house
herein after mentioned for a period not less than six nor more than twenty years, at the discretion
of the court, and shall be kept therein at hard labour, or in solitude, and shall in all things be treat-
ed and dealt with as is herein after directed. 2d. Every free negro, mulatto or slave, who shall be
duly convicted of actually raising, and every white person who shall he duly convicted of actually
raising, with any free negro, mulatto or slave, insurrection or rebellion in this state, shall suffer
death by hanging by the neck, and every free negro, mulatto or slave, who shall be duly convicted
of consulting, conspiring, or attempting to raise, and every white person who shall be duly
convicted of consulting, conspiring, or attempting, with any free negro, mulatto or slave, to raise,
insurrection or rebellion in this state, shall be sentenced to undergo a confinement in the said peni-
tentiary for a period of time not less than six or more than twenty years, to be treated in all re-
spects as herein after directed. 3d, Every person who shall be duly convicted of the crime of coun-
terfeiting the great seal of this state for the time being, or the seal of any court, or any other pub-
lic seal of this state, and of making use of the same, or of stealing any of the said true seals, or of
unlawfully, falsely and corruptly, or with evil intent, affixing any of them to any deed, warrant or
writing, or who shall be convicted of having in his or her possession or custody such counterfeit in-
strument, and shall wilfully conceal the same, knowing it to be falsely made or counterfeited, shall
be sentenced to undergo a confinement in the said penitentiary for a period of time not less than five
nor more than ten years, to be treated as herein after directed. 4th. Every person who shall be
convicted of having forged and counterfeited any gold or silver coin, which now is or hereafter
shall be passing or in circulation within this state, or of having falsely uttered, paid, or tendered in
payment, any such counterfeit and forged coin, knowing the same to be forged and counterfeited, or
of having aided, abetted or commanded, the perpetration of either of the said crimes, ' shall be sen-
tenced to undergo a confinement in the said penitentiary-house not less than four nor more than ten
years, to be treated as herein alter directed.
III. AND, whereas the several offences which are included under the general denomination of mur-
der, differ so greatly from each other in the degree of their atrociousness, that it is unjust to in-
volve them in the same punishment, therefore, BE IT ENACTED, That all murder which shall be per-
petrated by means of poison, or by lying in wait, or by any kind of wilful, deliberate and premedi-
tated killing, or which shall be committed in the perpetration of, or attempt to perpetrate, any ar-
son, or to burn any barn, tobacco-house, stable, warehouse, or other out-house, not parcel of any
dwelling-house, having. therein any tobacco, grain, hay, horses, cattle, or goods, wares and mer-
chandise, rape, sodomy, mayhem, robbery or burglary, shall be deemed murder of the first degree;
and all other kind of murder shall be deemed murder of the second degree; and the jury before whom
any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascer-
tain in their verdict, whether it be murder in the first or second degree; but if such person be con-
victed by confession, the court shall proceed, by examination of witnesses, to determine the degree
of the crime, and to give sentence accordingly; and every person liable to be prosecuted for petit
treason shall in future be indicted, proceeded against and punished, as is directed in other kinds of
murder, according to the degree.
IVY AND BE IT ENACTED, That the offences herein after mentioned, affecting the lives or the
persons of individuals, shall be punished in manner following; that is to say, 1st. Every person con-
victed of murder of the first degree, his or her aiders, abettors and counsellors, shall suffer death, by
hanging by the neck, 2d. Every person duly convicted of the crime of murder in the second degree,
or as accessary thereto, shall be sentenced to undergo a confinement in the penitentiary-house herein
after mentioned for a period not less than five nor more than eighteen years, under the same condi-
tions as are herein after directed. 3d. Every person duly convicted of the crime of manslaughter,
shall be sentenced to undergo a confinement in the said penitentiary for a period not more than ten
years, to be dealt with as herein after directed. 4th. Every person, his or her aiders and abettors,
who shall be duly convicted of the crime of mayhem, or of tarring and feathering, shall be sentenced
to undergo a confinement in the said penitentiary-house for a space of time not more than ten
years, to be treated as herein directed. 5th. Every person, his or her aiders, abettors and coun-
sellors, who shall be duly convicted of the crime of cutting out or disabling the tongue, putting out
an eye, slitting the nose, cutting or biting off the nose, ear or lip, or cutting or biting off or dis-
abling any limb or member of any person, of malice aforethought, with intention in so doing to maim
or disfigure such person, shall be sentenced to undergo a confinement in the said penitentiary for a
period of time not less than two nor more than ten years, to be treated as this act directs. 6th. Every
person duly convicted of the crime of rape, or as being accessary thereto before the fact, shall, at the
discretion of the court, suffer death by hanging by the neck, or undergo a confinement in the said
penitentiary for a period of time not less than one year nor more than twenty-one years, under the-
same conditions as are herein after prescribed. 7th. if any person shall carnally know and abuse any
Woman-child under the age of ten years, every such carnal knowledge, shall be deemed felony, and
the offender, being convicted thereof, shall, at the discretion of the court, suffer death by hanging
by the neck, or undergo a confinement in the penitentiary for a period not less than one year nor
more than twenty-one years, to be dealt with according to law: 8th. Every person duly convicted
of the crime of sodomy, shall be sentenced to undergo a similar confinement for a period not less
than one year nor more than ten years, under the same conditions as are herein after directed. 9th.
Every person duly convicted of the crime of an assault, with an intent to rob, murder, or commit
a rape, shall be sentenced to undergo a confinement in the said penitentiary-house for a time not less
than two nor more than ten years, under the conditions herein after prescribed. 10th. Every per-
son, his or her counsellors, aiders. or abettors, who shall be duly convicted of the crime of kidnap-
ping, and forcibly or fraudulently carrying, or causing to be carried out of this state, any free person,
or any person entitled to Freedom at or after a certain age, period or contingency, or of arresting
and imprisoning any free person, or any person entitled to freedom at or after a certain age, period
or contingency, knowing such person to be tree, or entitled to their freedom, as aforesaid, with intent
to have such person carried out of this state, shall be sentenced to undergo a confinement in the
said penitentiary-house for a period of time not less than two nor more than tea years, to be treated
as the law directs.
V. AND BE IT ENACTED, That the offences herein after mentioned, affecting the habitations, houses
or vessels, of individuals, shall be punished in manner following; that is to say, 1st. Every person
duly convicted of the crime of arson, or as being accessary thereto, shall, at the discretion of the
court, suffer death by hanging by the neck, or be sentenced to undergo a confinement in the peniten-
tiary-house herein alter mentioned for a period of time not less than five nor more than twenty years,
under the conditions herein after prescribed. 2d. Every person, his or her aiders, abettors or coun-
sellors, who shall be duly convicted of the crime of wilfully burning any mill, distillery, manufac-
tory, barn, meat house, tobacco house, stable, warehouse, or other outhouse, not parcel of any
dwelling-house, being empty or having therein any tobacco, wheat, rye, oats, Indian corn, barley,
flax, hemp, hay, or other country produce, horse or horses, cattle or goods, wares and merchandise,
or of burning any stack, rick, mow or barrack of hay, fodder, flax, hemp, tan-bark, wheat or other
grain, shall, at the discretion of the court, suffer death by hanging by the neck, or be sentenced to
undergo a confinement in the said penitentiary-house for a term of time not less than three nor mere
than twelve years, to be treated as herein after directed. 3d. Every person, his or her aiders or abet-
tors, who shall be duly convicted of the crime of wilfully and maliciously burning any ship or other
vessel, of seventeen feet keel or upwards, whether laden or empty, shall be sentenced to undergo a
confinement in the said penitentiary-house for a period of time not less than two nor more than twelve
years, to be treated as herein after described. 4th. Every person convicted of the crime of burglary,
or as accessary thereto before the fact, shall restore the thing taken to the owner or owners thereof,
or shall pay him, her or them, the full value thereof, and be sentenced to undergo a similar confine-
ment for a period not less than three nor more than ten years, under the same conditions as are
herein after prescribed. 5th. Every person, his or her aiders, abettors and counsellors, who shall be
duly convicted of the crime of breaking a dwelling-house in the daytime, with intent to commit
murder or felony therein, or of breaking a storehouse, warehouse or other out house, in the day or
night, with an intent to commit murder or felony therein, shall be sentenced to confinement in the
said penitentiary-house for a period of time not less than two nor more than ten years, to be dealt
with according to law. 6th. Every person duly convicted of the crime of breaking into any shop,
storehouse, tobacco-house or warehouse, although the same be not contiguous to or used with any
mansion-house, and stealing from thence any money, goods or chattels, to the value of one dollar,
or upwards, or as being accessary thereto, shall restore the thing taken to the owner or owners
thereof, or shall pay him, her or them, the full value thereof, and be sentenced to undergo a similar
confinement for a period not less than two nor more than twelve years, to be treated as herein after
directed.
VI. AND BE IT ENACTED, That the offences herein after mentioned, affecting private property,
shall be punished in manner following; that is to say, 1st. Every person duly convicted of the crime
of simple larceny to the value of five dollars, and upwards, or as accessary thereto before the fact,
shall restore the money, goods or thing taken, to the owner or owners, or shall pay to him, her or
them, the full value thereof, and be sentenced to undergo a confinement in the penitentiary-house
hereinafter mentioned for a period of time not less than one year nor more than fifteen years, under
the same conditions as are herein after directed. 2d. Every person convicted of the crime of robbery,
or as accessary thereto before the fact, shall restore the thing robbed or taken to the owner or own-
ers, or shall pay to him, her or them, the full value thereof, and be sentenced to undergo a confine-
ment in the said penitentiary-house for a period of time not less than three nor more than ten years,
under the same conditions as are herein after directed, 3d. Every person convicted of feloniously
stealing, taking and carrying away, any horse, mare, gelding, colt, ass or mule, or as accessary
thereto before or after the fact, shall restore the horse, mare or animal stolen to the owner or own-
ers thereof, or shall pay to him her or them, the full value thereof, and also undergo a similar con-
finement for a period not less than two nor more than fourteen years, under the same conditions as are
herein after directed. 4th. Every person or persons duly convicted of wilfully and maliciously stab-
bing, killing or destroying, any horse, mare, gelding, colt, ass or mule, not the property of such per-
son, and not in the act of trespassing on his enclosures, shall undergo a confinement in the penitentiary-
house for a period not less than one year nor more than four years, to be treated as herein after direct-
ed. 5th. Every person who shall be duly convicted of the crime of stealing any ship, sloop or other
vessel, of seventeen feet keel, or upwards, out of any place within, the body of any county or on
the Chesapeake Bay, and within the jurisdiction of the state of Maryland, and not within the body
of any county, or of the crime of feloniously taking and carrying away any negro or other slave, or of
the crime of counselling, hiring, aiding or commanding, any person or persons to commit either of
the said offences, or of the crime of being accessary to either of the said offences, shall restore the
vessel or slave stolen to the owner or owners thereof, or pay him, her or them, the full value thereof,
and also be sentenced to undergo a confinement in the said penitentiary-house for a period of time
not more than twelve years, to be treated as herein after prescribed. 6th. If any person shall felo-
niously steal, take and carry away, the personal goods of another under the value of five dollars, or
if any person shall break into any shop, storehouse, tobacco-house or warehouse, although the same
be not contiguous to, or used with, any mansion-house, and steal any money, goods or chattels,
under the value of one dollar, the same order and course of trial shall be had and observed as for
other simple larcenies, and being thereof convicted, shall be deemed guilty of petty larceny, and shall
restore the goods and chattels so stolen, or pay the full value thereof, to the owner or owners there-
of, and be further sentenced to undergo a similar confinement tor a period not less than three mouths
nor more than one year, under the same conditions as herein alter expressed. 7th. Robbery or
larceny of any obligation or bond, bill obligatory or bill of exchange, bank note or notes, promis-
sory note for the payment of money, lottery ticket, paper bill of credit, certificate granted by or
under the authority of this state or of the United States, or any of them, or of any last will and
testament, or codicil, shall be punished in the same manner as robbery or larceny of goods and
chattels. 8th. Every person who shall be duly convicted of the crime of receiving any stolen money,
goods or chattels, knowing the same to be stolen, or of the crime of receiving any bond, bill obliga-
tory, or bill of exchange, promissory note for the payment of money, lottery ticket, bank note, paper
bill of credit, certificate granted by or under the authority of this state or of the United States, or
any of them, knowing the same to be stolen, shall restore such money, goods or chattels, or thing
taken and received, to the owner or owners thereof, or make restitution to the value of the whole,
or such part as shall not be restored, and shall undergo a confinement in the penitentiary for a period
not less than three months nor more than ten years, to be dealt with as herein after directed; and
such receiver may be prosecuted and punished, although the principal offender shall not have been
convicted. 9th. Any person who shall, with a fraudulent intent, employ an artist to engrave or etch
any plate, in imitation of the note or notes of any established bank within this state, or of any bank
which may hereafter be established within this state, or which is or may be established by law in any
of the United States, or any person engaged in engraving or etching such plate or plates, or any per-
son in any manner engaged in striking impressions from such plate or plates, or any person who shall
affix to such note or notes, fraudulent or forged, signatures, or any person who shall, with fraudulent
intent, be engaged in manufacturing of, or furnishing paper in imitation of, any paper used for striking
impressions of notes upon by any established bank within this state, or any bank which may hereafter
be established within this state, or which is or may be established by law in any of the United States,
or any person who shall be in any manner concerned in the altering, forging or counterfeiting, any
note of any bank now existing within this state, or of any bank which may hereafter be established
within this state, or any person who may pass within this state forged or counterfeited note or notes,
knowing them to be such, purporting to be the genuine notes of a bank regularly constituted within
this state by the United States, or within any of them, or any person who may pass as genuine any
note, purporting to be a note of a bank which does not exist, shall be deemed a felon, and shall,,
on being duly convicted thereof, be sentenced to undergo a confinement in the penitentiary for a pe-
riod not less than five nor mure than ten years, to be treated as herein directed. 10th. Any per-
son who shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or
counterfeited, or willingly act or assist in falsely making, forging, altering or counterfeiting, any
deed, will, testament or codicil, bond, writing obligatory, bill of exchange, promissory note for the
payment of money, or property, endorsement or assignment of any bond, writing obligatory, bill of
exchange, acquittance or receipt for money or property, or any acquittance or receipt, either for
money or property, with intention to defraud any person whomsoever, or shall utter or publish as
true, any false, forged, altered or counterfeited deed, will, testament or codicil, bond, writing obli-
gatory, bill of exchange, promissory note for the payment of money or property, endorsement or
assignment of any bond, writing obligatory, bill of exchange, acquittance or receipt for money or
property, shall be deemed a felon, and on being thereof duly convicted, shall be sentenced to undergo
a confinement in the said penitentiary for a period of time not less than five nor more than ten years,
to be dealt with as herein after mentioned.
VII. AND DE IT ENACTED, That the offences herein after mentioned, affecting the public police,
shall be punished in manner following; that is, to say, 1st. Whosoever being married, shall, the
first husband or wife, as the case may be, being alive, marry any person or persons, shall undergo
a confinement in the penitentiary far a period not less than one year nor more than nine years;
provided, that nothing herein contained shall extend to any person whose husband or wife shall be
continually remaining beyond the seas seven years together, or shall absent himself or herself
seven years together, in any part. within the United States, or elsewhere, the one of them not
knowing the other to be living at that time, and if such offender be a man, his first wife shall,
an his conviction, be forthwith endowed of one third part of his real estate, which she shall
hold as tenant in dower, the assignment of which shall be made as prescribed by law in other cases
cf dower, and she shall have the like remedy for the recovery thereof; and she shall also, on his
conviction, be forthwith entitled to one third, part of his personal estate, in the same manner as if
such husband had died intestate and she had survived him, which third part shall be divided and al-
lotted to her in the same manner as distribution is made of the personal estate of intestates; and if
the said offender be a min, he shall, on conviction, forfeit his claim or title as tenant by the courtesy,
and also all his claim or title to any estate, personal or mixed, which he may have in right of his
first wife; and if the said offender be a woman, she shall, on conviction, forfeit her claim to dower
of the estate of her first husband, and also her distributary share of his personal estate, which she
would be entitled to if he had died intestate, and she had survived him, 2d. Every person who shall
be duly convicted of keeping any E O table, or any other kind of gaming table, billiard-tables ex-
cepted, at which the games of Pharo, Equality, or any other game of chance shall be played for
money, or of keeping any bank, and inducing or permitting any person to bet against the said bank,
or of strolling about the country from place to place, and deriving a support and maintenance chiefly
from horseracing or gaming, shall be sentenced to undergo a confinement in the said penitentiary
for a period not less than three months nor more than two years, to be dealt with as the law directs.
3d. Every commanding officer, captain or master, of any vessel, who shall be duly convicted of wil-
fully importing in the same into this state, from any foreign country, and not any part of the United
States, any felon, convict, or any slave, knowing him or her to be such, and very person duly con-
victed of bringing into this state, by land or water, any negro or mulatto from any foreign country,
not a part of the United States, with intent to sell and dispose of such negro or mulatto within
this state as a slave, shall be sentenced to undergo a confinement in the said penitentiary for a
period of time not less than one year. nor more than five ) ears, to be treated as herein after directed.
4th. If any person shall be apprehended, having upon him or her any picklock, key, crow, jack, bit
or other implement, with an intent feloniously to break and enter into any dwelling-house, ware-
house, stable or out-house, or shall have upon him or her any pistol, hanger, cutlass, bludgeon or
other offensive weapon, with intent feloniously to assault any person, or shall be found in or upon
any dwelling-house, warehouse, stable or out-house, or in any enclosed yard or garden, or area be-
longing to any house, with an intent to steal any goods or chattels, every such person shall be deemed
a rogue and vagabond, and, on being duly convicted thereof, shall be sentenced to undergo a con-
finement in the said penitentiary for a period of time not less than three months nor more than two
years, to he treated as the law prescribes. 5th. Any person who has been convicted and condemned
to serve and labour as a criminal, and who may escape and be found in this state, shall be deemed a
fugitive felon, and being thereof convicted by a duly authenticated record from the court of the state
in which such conviction and condemnation took place, shall be sentenced to undergo a confinement
in the penitentiary of this state for and during the residue of the term for which such person shall
have been condemned; but if such person shall be demanded by the state whence he escaped, he
shall be immediately delivered agreeably to such demand.
VIII. AND BE IT ENACTED, That the offences herein after mentioned, affecting public justice or
public property, shall be punished in manner following; that is to say, 1st. Every person who shall
be duly convicted of the crime of perjury, or of subornation of perjury, shall be sentenced to un-
dergo a confinement in the penitentiary-house herein after mentioned for a space of time not less
than five nor more than ten years, to be treated as herein after directed. 2d. Every person, on
being duly convicted of wilfully or corruptly embezzling, stealing, withdrawing, impairing, racing
or altering, any will, testament, codicil, patent, deed, or assignment of a: patent, writ, return, re-
cord, or parcel of the same, within this state, whereby the estate or right of any person shall or may
be defeated, injured, or any ways altered, shall be sentenced to undergo a confinement in the pe-
nitentiary for a space of time not less than three nor more than seven years, to be treated as the law
prescribes. 3d. If any person shall falsely make, forge or counterfeit, or cause to be falsely made,
forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting, any
commission, patent or pardon, or any warrant, certificate, or other public security, whereby money
may be drawn from the treasury -of this state, or shall be concerned in printing, writing, signing or
passing, any such forged, counterfeited warrant, certificate or public security, knowing it to be such,
with intention to defraud any person or persons, every such person shall be deemed a felon, and,
on being convicted thereof, shall he sentenced to undergo a confinement in the penitentiary for a pe-
riod not less than two nor more than ten years, to be treated as the law prescribes. 4th. If any
judge, or other person concerned in the administration of justice, take any illegal fee, gift or undue
reward, to influence his behaviour in his office, and if any person shall give any money or thing to
any judge, or other person concerned in the administration of justice, with intent to influence his
behaviour in his office, every such judge or person shall be deemed guilty of bribery, and on being
convicted thereof, shall be sentenced to undergo a confinement in the penitentiary for a term of time
not less than two nor more than twelve years, to be treated as is prescribed by law, and shall be dis-
qualified from holding ally office for ever thereafter. 5th. Every embracer who shall procure any
juror to take gain or profit for rendering his verdict, upon conviction, and every juror convicted of
taking gain or profit for giving his verdict, shall undergo a confinement in the penitentiary for a
period not less than one year nor more than six years, and shall be disqualified to serve on juries for
ever thereafter. 6th. If any person shall wilfully burn, or attempt or conspire to burn, any court-
house, or county or public prison, or the penitentiary, poor-house, magazine or lazaretto, or public
warehouse, or any other building belonging to this state, or the different counties, cities or towns,
or bodies corporate in this state, or the office of the clerk or register of any court in this state, or
the state-house of this state, or any public office contained therein, or any public office in this state
of any kind whatever, or church or house of worship, college, academy or public school-house, en-
gine-house, market-house, scale-house, watch-house, or public barrack, such person or persons, and
his, her or their aiders, abettors and counsellors, and each of them, shall be deemed felons, and, on
being duly convicted thereof, shall suffer death by hanging by the neck, or be sentenced to under-
go a confinement in the penitentiary for a period of time not more than fifteen years, to be treated
as the law directs. 7th. Every person duly convicted of the crime of wilfully and maliciously burning
or destroying, or attempting or conspiring to burn or destroy, any public arsenal or magazine of
provisions, or of military or naval stores, belonging to this state, or subject to the jurisdiction
of this state, or of wilfully and maliciously burning or destroying, or attempting or conspiring to
burn or destroy, any military or naval stores, ship or vessel, belonging to this state, the United
States, or any one of them, shall suffer death by hanging by the neck, or be sentenced to undergo a
confinement in the penitentiary for a period not less than three nor more than ten years, to be
treated as the law directs.
IX. AND BE IT ENACTED, That if any negro or mulatto slave shall be duly convicted of any
crime herein mentioned, which may not, in the discretion of the court, under this act, be punished
by hanging by the neck, such negro or mulatto slave, instead of confinement in the penitentiary, may,
in the discretion of the court, be sentenced to receive on his or her bare back any number of lashes,
not exceeding one hundred, and the court may also sentence such negro or mulatto slave to be ba-
nished from this state, by transportation and sale, into some foreign country, for the benefit of the
state or county, as the case may be, with as full power and authority as the governor may now ex-
ercise under an act, entitled, An act declaring the power of the governor in certain criminal cases,
such negro or mulatto slave to be valued and paid for in the manner herein after directed, and no-
thing in this act contained shall be construed to deprive justices of the peace of any power or autho-
rity which they may now exercise by law relative to free negroes and mulattoes, or negro and mu-
latto slaves.
X. AND BE IT ENACTED, That no conviction or attainder shall work corruption of blood or for-
feiture of estate; the estate of such persons, as shall destroy their own lives shall descend or vest as
in case of natural death; if any person be killed by casualty there shall be no forfeiture in conse-
quence thereof; an approver shall never be admitted in any case whatsoever, and a sentence of
death shall not be executed in less than twenty days after the judgment.
XI. AND BE IT ENACTED, That all claims to dispensation from punishment, by benefit of clergy,
shall be and are hereby lor ever abolished; and every person convicted of any felony, heretofore
deemed clergyable, shall be sentenced to undergo a confinement in the penitentiary for any time not
less than one year nor more than five years, to be treated as herein directed, except in those cases
Where some other specific penalty is herein prescribed; and every person who shall be convicted of
any felony heretofore excluded from the benefit of clergy, and not herein specified, shall be sentenced
to undergo a confinement in the penitentiary for a period of time not less than five nor more than,
twenty years, to be treated as this act directs.
XII. AND BE IT ENACTED, That if any person be indicted of treason or felony, and he or she
shall star. d mute, or will not answer to the indictment, the court, in such case, shall notwithstand-
ing proceed to the trial of such person so standing mute, as if he or she had pleaded not guilty,
and render judgment thereon accordingly.
XIII. AND BE IT ENACTED, That in all capital cases, and in all other criminal cases, the punish-
ment whereof upon conviction is confinement in the penitentiary for five years at the least, or the pu-
nishment whereof may be extended to twelve years confinement in the penitentiary, and in all cases
of larceny, where the money, goods or chattels, alleged to have been stolen, shall be valued in the in-
dictment at the sum of one hundred dollars, or upwards, the person indicted shall be allowed the
right of peremptory challenge, but in no case shall the accused be admitted to challenge more than
twenty jurors, without assigning cause; and if any person so indicted shall peremptorily challenge
above the number of twenty persons of the jury, the court, in such case, shall notwithstanding pro-
ceed to the trial of the person so challenging, as if he or she had pleaded not guilty, and put himself
or herself upon the country, and render judgment thereon accordingly.
XIV. AND BE IT ENACTED, That in all criminal causes that may be brought to trial in the several
courts of this state, in which a jury shall be necessary according to the constitution and the laws,
except in the cases herein before mentioned wherein peremptory challenges are allowed, twenty per-
sons from the pannel of petit jurors shall be drawn, by ballot, by the clerk, under the discretion of
the respective courts, and the names of the twenty persons shall be written upon two lists, and one
of said lists shall be forthwith delivered to the party indicted, or his or her counsel, and the other
to the attorney prosecuting
XXXII. AND BE IT ENACTED, That if any such offender, sentenced to undergo a confinement
in the penitentiary, shall escape, he or she shall, on conviction thereof, suffer such additional con-
finement and hard labour, agreeable to the directions of this act, and shall also suffer such corporal
punishment, not extending to life or limb, as the court of oyer and terminer and gaol delivery for
Baltimore county shall adjudge and direct.
XXXIII. AND BE IT ENACTED, That if any keeper, deputy, assistant, or other person, shall
wilfully and corruptly aid and assist in the escape of any offender confined in the penitentiary, every
such keeper, deputy, assistant, or other person, upon being duly convicted thereof, shall be sen-
tenced to undergo a confinement in the penitentiary for a term of time not more than fifteen years.
XXXIV. AND BE IT ENACTED, That in order to prevent the introduction of contagious disor-
ders, every person who shall be ordered to hard labour in the penitentiary, shall be separately
washed and cleaned, and shall continue in such separate lodging until, in the opinion of the inspectors,
he or she is fit to be received among the other prisoners, and the cloaths in which such person shall
then be cloathed, shall either be burnt, or, at the discretion of two of the said inspectors, be buried,
baked, fumigated, or carefully laid by, until the expiration of the time for which such offender shall
be sentenced to hard labour, to be then returned to him or her.
XXXV. AND BE IT ENACTED, That the walls of the cells and apartments in the said penitenti-
ary shall be whitewashed with lime and water at least twice in every year, and the floors of the said
cells and apartments shall be washed once in every week, or oftener, if the said inspectors shall so
direct, by one or more of the said prisoners in rotation, who, at the discretion of the said keeper,
shall have an extra allowance of diet for so doing; and the said prisoners shall be allowed to-,, walk
and air themselves for such stated time as their health may require, and the keeper shall permit; and
if proper employment can be found, such prisoners may be permitted, with the approbation of one
of the inspectors, to work in the yard, provided such airing and working in the yard be in the pre-
sence, or within the view, of the keeper, or his deputies or assistants.
XXXVI. AND BE IT ENACTED, That one or more of the apartments in the penitentiary shall be
fitted up as an infirmary, and in case any such offender, being sick, shall, upon examination of a physi-
cian, be found to require it, he or she shall be removed to the infirmary, and his or her name shall be
entered in a book to be kept for that purpose, and when such physician shall report to the said keeper
that such offender is in a proper condition to quit the infirmary, and return to his or her employ-
ment, such report shall be entered by the said keeper in the book kept for that purpose, and the
keeper shall order him or her back to his or her former labour, so far as the same may be consistent
with his or her state of health.
XXXVII. AND BE IT ENACTED, That the governor and council for the time being of this state
shall, and they are hereby required, to appoint a suitable person to be keeper of the said penitentiary,
who shall, however, be removed whenever occasion may require, in which case another shall from
time to time be appointed in like manner, who shall receive such compensation for his services, and
in lieu of all fees and gratuities by reason or under colour of the said office, as the legislature from
time to time shall direct, to be paid in quarterly payments, to be drawn from the treasury of the
Western shore, and also five per centum on the sales of all articles manufactured by the said crimi-
nals; and such keeper shall have power to appoint a suitable number of deputies and assistants, who
shall also receive such allowances as the legislature shall think just, which allowances shall be paid
quarterly in like manner; and before any such keeper shall exercise any part of the said office, he
shall give bond to the state, with two sufficient sureties, to be approved of by the governor and
council, in the sum of two thousand dollars, upon condition, that he, his deputies and assistants,
shall well and faithfully perform the trust and duties in them reposed; which said bond, being exe-
cuted before, and certified by, the governor and council, under the great seal of the state, shall be
legal evidence in all courts of law in any suit against such keeper, or his deputies and assistants.
XXXVIII. AND BE IT ENACTED, That the governor and council for the time being of this state
shall, sometime in the month of December, annually, appoint twelve inspectors of the said penitentia-
ry-house aforesaid, and if any person so appointed, and having accepted said appointment, shall refuse
to serve in the said office, he shall forfeit and pay the sum of one hundred dollars, to be recovered by
action of debt, and applied towards defraying the annual expenses of said institution; the said inspec-
tors, seven of whom shall be a quorum, shall meet once in every three months, in an apartment to be
provided for that purpose in the said penitentiary, and may be especially convened by the keeper,
when occasion shall require, and they shall, at their first meeting, and at each quarterly meeting
thereafter, appoint two of their number to be acting inspectors, and it shall be the duty of the act-
ing inspectors to attend the said penitentiary at least once in each week, and shall examine into and
inspect the management of the said penitentiary, and the conduct of the keeper and his deputies,
and shall do and perform the several matters and things directed by them to be done and performed.
XXXIX. AND BE IT ENACTED, That the board of inspectors, at their quarterly or other meetings,
shall make such other and further orders and regulations for the purpose of promoting the objects of
the institution, as they may deem proper, so that the same be not inconsistent with any law of this
state, and such orders and regulations shall, be hung up in at least three of the most conspicuous
places in the said penitentiary; and if the said keeper, or any of his deputies or assistants, shall
obstruct or resist the said inspectors, or any of them, in the exercise of the powers and duties vest-
ed in them by law, such person shall forfeit and pay the sum of. fifty dollars, to be recovered by
action of debt, at the suit of the state, in any court of competent jurisdiction, and applied to the
benefit of the penitentiary, and moreover be liable to be removed from office; and the governor of
this state for the time being shall always be considered as one inspector, in addition to the number
herein directed, whenever, he shall think proper to meet and act as such; and the said board of in-
spectors shall annually, at their first meeting, and whenever thereafter a vacancy shall happen, ap-
point a physician to attend the sick in the said penitentiary, who shall render his account quarterly
to the said inspectors at their quarterly meetings, who shall decide thereon, and the said inspectors
may allow the said physician a reasonable compensation for his services.
XL. AND BE IT ENACTED, That the keeper of the penitentiary shall have power to punish all
such prisoners guilty of assaults within the penitentiary, when no dangerous wound or bruise is given,
profane cursing and swearing, or indecent behaviour, idleness, or negligence in work, or wilful mis-
management of it, or of disobedience to the orders or regulations which the board of inspectors are
herein authorised to make, by confining such offenders in the solitary cells of the penitentiary, and
by keeping them on bread and water only for any term not exceeding ten days; and if any prisoner
shall be guilty of any offence within the said penitentiary, which the said keeper is not authorised
to punish, or for which he shall think the said punishment is not sufficient, by reason of the enormi-
ty of the offence, he shall report the same to a board of the inspectors, who, if upon proper inquiry
. shall think fit, may order such offences to be punished by moderate whipping, or by repeated whip-
pings, not exceeding thirteen lashes each, or by close confinement in the, said solitary cells, with
bread and water only for sustenance, for any time not exceeding thirty days, or by all the said pu-
nishments.
XLI. AND BE IT ENACTED, That if the keeper, or any other person, shall introduce into, or barter,
give away or sell, within the said penitentiary, any spirituous or fermented liquors, except only such
as the said keeper shall make use of in his own family, or such as may be required for any prisoner
in a state of ill health, and for such purpose prescribed by an attending physician, and delivered in-
to the hands of such physician, or other person appointed to receive them, such person shall forfeit
and pay the sum of twenty dollars, one moiety to be paid to the person warranting, and the other
to the inspectors, for the benefit of the institution, to be recovered before any justice of the peace
if, and for Baltimore county.
XLII. AMD BE IT ENACTED, That the keeper of the penitentiary shall, from time to time, with
the approbation of any seven of the inspectors, provide a sufficient quantity of stock and materials,
working tools and implements, for such offenders, and the said inspectors, or any seven of them,
shall make report thereof to the governor and council, specifying in such report the quantity and
nature of the materials, tools of implements wanted, with the amount and costs of the same, which
shall be paid in the manner hereafter to be provided for by law, for which materials and implements,
when received, the said keeper shall be accountable; and the said keeper shall, with the approbation
of any seven of the said inspectors, have power to make contracts with any person whatever for the
cloathing, diet and other necessaries, for the maintenance and support of such convicts, and for the
implements and materials of any kind of manufacture, trade or labour, in which such convicts shall
be employed, and for the sale of such goods, wares and merchandise, as shall be there wrought and
manufactured,
XLIII. AND BE IT ENACTED, That every inspector and keeper of the said penitentiary, before
he acts as such, shall take an oath, or affirmation, as the case may be, that he will not receive, either
directly or indirectly, at any time during his acting as such, any profits arising on any agency or
contract for the supply or victualling the said penitentiary, and the certificate of the said oath, so as
aforesaid to be taken, shall be deposited with the clerk of the court of oyer and terminer and gaol
delivery for Baltimore county, and to be by him recorded; and any inspector or keeper knowingly
swearing or affirming falsely in the premises, and being thereof convict in due course of law, shall
suffer as in the case of wilful and corrupt perjury.
XLIV. AND BE IT ENACTED, That the said keeper shall cause all accounts concerning the main-
tenance of such convicts and prisoners to be entered regularly in a book or books to be kept for that
purpose, and shall also keep separate accounts of the stock and materials so wrought, manufactured,
sold and disposed of, and the monies for which the same shall be sold, and when sold, and to whom,
in books to be provided for that purpose, all which books and accounts shall be at all times open for
the examination of the said inspectors, and shall be regularly laid before them, at their quarterly or
other meetings, for their approbation and allowance.
XLV. AND BE IT ENACTED, That if any of the said inspectors, at their quarterly or other meet-
ings, shall suspect any fraudulent or improper charges, or any omission in any of the said keeper's
accounts, they may examine, upon oath or affirmation, the said keeper, or any of his deputies, ser-
vants, or any person of whom any necessaries, stock, materials or other things, have been purchased
for the use of the said penitentiary, or any person to whom any stock or materials wrought or manu-
factured therein, or other things belonging to the same, have been sold, or any of the offenders con-
fined in such penitentiary, or any other person or persons, concerning any of the articles contained
in any such account, or any omission thereout; and in case any fraud shall appear in such account,
the particulars thereof shall be reported by the said inspectors to the governor of this state.
XLVI. AND BE IT ENACTED, That the court of oyer and terminer and gaol delivery for Balti-
more county shall, at each and every term, charge the grand jury attending to inquire into the con-
duct and management of the keeper, deputy and assistants, of the said penitentiary, and to make
presentments of all offences and omissions of the said keeper, deputy and assistants, in and relating
to the said penitentiary; and the said court shall, at the terms aforesaid, direct a number, not ex-
ceeding six of the said grand jurors, to visit and examine the said penitentiary.
XLVII. AND BE IT ENACTED, That it shall be the duty of the executive of this state, annually,
during the first week of the session, to lay before the general assembly of this state a statement of
the expenses, profits, loss, progress and concerns, of the said penitentiary; and if the said keeper
shall be guilty of any fraud or misconduct, the governor and council shall immediately remove him
from office, and cause suits to be brought on his bond for the recovery of any damage or loss that
may be sustained, and another keeper shall be. immediately appointed in his place, under the directi-
ons herein before mentioned.
XLVIII. AND BE IT ENACTED, That no person whatever; except the keeper, his deputies, ser-
vants or assistants, the inspectors, officers and ministers of justice, members of the general assem-
bly, ministers of the Gospel, grand jurors, or persons producing a written license, signed by one of
the said inspectors, shall be permitted to enter within the walls where such offenders shall be con-
fined; and the doors of all the lodging rooms and cells in the said penitentiary shall be locked, and
all the light therein extinguished, at the hour of nine, and one or more watchmen, if thought ne-
cessary by the keeper, shall patrol the said penitentiary at least twice in every hour, from that time
until the return of the time of labour in the morning of the next day.
XLIX. AND BE IT ENACTED, That so soon as the said penitentiary-house shall be completed, or
so far finished as to receive and securely toehold criminals who may be condemned to labour therein,
according to the provisions of this act, the commissioners heretofore appointed to superintend the
erection of the said building shall immediately report the same to the governor and council of this
state; and if, upon viewing the said building, or upon good information, shall be satisfied that the
said house is in sufficient readiness to carry the said penitentiary institution into operation, they shall
immediately appoint a keeper and twelve inspectors of the said penitentiary, the inspectors to conti-
nue in office until the next annual appointment shall take place; and the said keeper and inspectors
shall proceed immediately to appoint proper assistants, procure materials, and prepare all things for
the reception and management of criminals, according to the directions of this act; and the gover-
nor shall thereupon issue his proclamation, and cause the same to be published in such of the public
news-papers as he may think proper, declaring the said penitentiary-house ready for the reception of
criminals who may be condemned to work and labour therein, and in thirty days from the date of the
said proclamation, this act, and every part thereof, shall commence and be in full force and effect,
until which time it shall be and is hereby suspended.
L. AND BE IT ENACTED, That all male criminals, who, before the commencement of this act,
shall have been condemned to serve and labour on the public roads of Baltimore county, or in making,
repairing or cleaning, the streets or basin of Baltimore-town, and whose time of service and labour
is unexpired, shall, at the court of oyer and terminer and gaol delivery for Baltimore county, next
immediately after issuing the said proclamation, be brought into the said court by the superintendent
of the criminals, and may openly pray the court to commute the judgment severally pronounced
against them to a confinement in the said penitentiary, according to the directions in this act con-
tained, during the residue of the time for which such convict shall have been condemned to serve
ond labour, and upon such prayer being entered on record, the said court shall pronounce such com-
mutation, and the same shall be recorded, and the prisoner shall then be sent to the penitentiary,
and there detained for the residue of the time for which they were respectively condemned.
LL AND BE IT ENACTED, That if any person shall hereafter be convicted of any crime com-
mitted before the passing of this act, he or she shall be sentenced to undergo such pains and punish-
ment as by the laws now in force are prescribed and directed, unless such convict shall openly pray
the court, before whom such offender shall be tried, that sentence may be pronounced agreeably to
the provisions of this act for the like offence, in which case the said court shall comply with the said
prayer, and pass such sentence on such convict as they would have passed had the said offence been
committed subsequent to the passing of this act.
Additional Information
Source http://slavery.msa.maryland.gov/html/research/histlaw.html https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000570/html/am570--90.html
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Record #14

Date Dec.31 1796?
Jurisdiction MD
Title An act relating to negroes and to repeal the acts of the assembly therein mentioned

All Fields in This Record

Date Dec.31 1796?
Law/Legislation Law
Jurisdiction MD
Title An act relating to negroes and to repeal the acts of the assembly therein mentioned
Description/Full Text Negroes not to be imported &c.
BE it enacted, by the General Assembly of Maryland, That it shall not be
lawful, from and after the passing of this act, to import or bring into
this state, by land or water, any negro, mulatto or other slave, for sale, or
to reside within this state; and any person brought into this state as a slave contrary
to this act, if a slave before, shall thereupon immediately cease to be the
property of the person or persons so importing or bringing such slave within this
state, and shall be free.
Proviso
II. Provided nevertheless, and be it enacted, That it shall and may be lawful
for any citizen or citizens of the United States, who shall come into this
state with a bonâ fide intention of settling therein, to import or bring into this
state, at the time of his or her removal into this state, or within one year thereafter,
any slave or slaves the property of such citizen at the time of his or her
said removal, which slave or slaves, or the mother or mothers of which slave or
slaves, shall have been resident of the United States, or some of them, three
whole years next preceding such removal, and the same to retain as slaves.
Persons not to sell, &c.
III. And be it enacted, That nothing herein contained shall be construed to
enable any person or persons, so removing as aforesaid, to sell or dispose of any
slave or slaves imported by virtue of this act, or their increase, unless such person
or persons shall have resided within this state three whole years next preceding
such sale, except in cases of disposition by last will and testament, and dispositions
by law for bonâ fide debts, or consequent upon intestacy.
Right not affected
IV. And be it enacted, That nothing in this act contained shall be construed
or taken to affect the right of any person or persons travelling or sojourning with
any slave or slaves within this state, such slave or slaves not being sold or otherwise
disposed of in this state, but carried by the owner out of this state, or attempted
to be carried.
No slave manumitted to vote, &c.
V. And be it enacted, That no slave manumitted agreeably to the laws of this
state since the passage of the act, entitled, An act to prohibit the bringing slaves
into this state, or made free under the said act, or who shall hereafter be manumitted
or made free in virtue of this act, shall be entitled to the privilege of
voting at elections, or of being elected or appointed to any office of profit or
trust, or to give evidence against any white person, or shall be recorded as competent
evidence to manumit any slave petitioning for freedom.
Persons not to be considered as slaves, &c.
VI. And be it enacted, That no person brought into this state from any of
the United States, who is bound to service for a term of years only by the laws
of the state from which such person is brought, shall be considered as a slave for
life in this state, but such person brought into this state shall serve for the time
which the laws of the state from which such person is brought oblige him or her
to serve, and no longer.
Negroes, &c. carried out may be brought back &c.
VII. And, whereas negroes or other slaves may have been or may hereafter be
carried out of this state during the infancy, or without the knowledge, authority
or consent, of the real owners or proprietors of the same, and it is just and
reasonable that the said owners or proprietors should be permitted to bring them
in again, Be it enacted, That if any negro, or other slave, hath been or may
hereafter be carried out of this state by any executor, administrator or guardian,
or by any other person or persons, during the infancy or without the consent or
authority of the real owner or proprietors of such negro or other slave, it shall
and may be lawful for such owner or proprietor, at any time hereafter, to bring
the said negro, or other slave, into this state again, and to have and enjoy the said
negro, or other slave, as his or her property.
Citizens may remove slaves, &c.
VIII. And be it enacted, That it shall and may be lawful for any citizen and
resident of this state, or in the right of his wife, in land lying in any one of the adjoining
states, and the owner of any slave or slaves employed or worked on the said land,
to remove and bring such slave or slaves within this state on the land of such
owner, for the use and benefit of the owner, his or her legal representatives, and
not for sale; provided such slave or slaves hath or have been residents of some
one of the said adjoining states before the twenty-first day of April, in the year
one thousand seven hundred and eighty-three, or is or are the descendant or descendants
of any slave, being residents as aforesaid; and provided also, that a list
of such slave or slaves, containing their names, sexes and ages, be delivered, in
writing, and signed by the owner, his overseer or agent, to the clerk of the
county into which such slave or slaves shall be brought to reside, within three
months thereafter, and the said list shall be recorded at the expence of the owner
of such slave or slaves so brought into this state; in which a list of negroes, so recorded,
if title to them be acquired by will, the testator's name, the date of the
will, and the place where recorded, shall be inserted, and if the title to them be
derived from marriage, the name of the married person from whom the title is
derived shall likewise be inserted in said list, and the whole entered on record.
Citizens of adjoining states may remove their slaves, &c.
IX. And be it enacted, That it shall and may be lawful for any citizen and
resident of any adjoining state, being seized and possessed of an estate of inheritance
in his own right, or the right of his wife, in land lying in this state, and
the owner of any slave or slaves, residents of any adjoining state before the twenty-first
day of April, in the year one thousand seven hundred and eighty-three,
or of the descendant or descendants of any slave, being resident as aforesaid, to
remove and bring any such slave or slaves into this state, for the purpose of employing
or working such slave or slaves on the land of such owner within this
state, for the use and benefit of the owners, his or her legal representatives, and
not for sale; provided that a list of such slave or slaves be delivered, in writing,
containing the names, sexes and ages, of said negroes, and signed by the owner,
his overseer or agent, to the clerk of the county in which such slave or slaves
shall be first brought to reside, within three months thereafter, and the said list
shall contain a certificate as aforesaid, to be recorded at the expence of the owner
of such slave or slaves so removed into this state.
As often as they think proper, &c.
X. And be it enacted, That the power of removing slaves, as above allowed,
may be exercised as often as the owner or owners of such slaves shall think proper,
on complying with the directions of this act.
Certain slaves may be removed &c.
XI. And be it enacted, That if any citizen of this state hath acquired or shall
acquire property in any slave or slaves, being residents of any of the United
States before the twenty-first day of April, in the year seventeen hundred and
eighty-three, or in the descendant or descendants of such slaves, being residents
as aforesaid, by marriage, bequest, in course of distribution, or as guardian,
such citizens may remove and bring such slave or slaves into this state, for the
purpose only of employing or working such slave or slaves within this state, as
herein before mentioned, and not for sale; provided, that a list of such slave or
slaves be rendered in the manner herein before directed by a citizen of this state,
on his bringing slaves into this state as herein before allowed; and provided also,
that the owners of such slaves may sell them after such slaves have been residents
for three years within this state.
Part of an act
repealed.
XII. And be it enacted, That all that part of an act, entitled, An act to
prevent disabled and superannuated slaves being set free, or the manumission of
slaves by any last will and testament, which is contained within the third section
thereof, shall be and is hereby repealed.
Freedom may
be granted by
will, &c.
XIII. And be it enacted, That from and after the passage of this act, it shall
and may be lawful for any person or persons, capable in law to make a valid will
and testament, to grant freedom to, and effect the manumission of, any slave or
slaves belonging to such person or persons, by his, her or their last will and
testament, and such manumission of any slave or slaves may be made to take
effect at the death of the testator or testators, or at such other periods as may be
limitted in such last will and testament; provided always, that no manumission
hereafter to be made by last will and testament shall be effectual to give freedom
to any slave or slaves, if the same shall be in prejudice of creditors, nor unless
the said slave or slaves shall be under the age of forty-five years, and able to
work and gain a sufficient maintenance and livelihood, at the time the freedom
given shall commence.
Parts of former
acts repealed.
XIV. And, whereas it is contrary to the dictates of humanity, and the principles
of the christian religion, to inflict personal penalties on children for the
offence of their parents, Be it enacted, That all those parts of an act, entitled,
An act relative to servants and slaves, and of another act, entitled, A supplementary
act to the act, entitled, An act relating to servants and slaves, which
impose servitude to the age of thirty-one years n the issue of certain inordinate
copulations, mentioned in the twenty-sixth, twenty-seventh and twenty-eight
sections of the said first mentioned act, and in the second and third sections of
the said last mentioned act, shall be and they are hereby repealed, provided
always, that nothing in this act shall affect the right of any person or persons
whatsoever to the servitude of any such issue heretofore acquired under the repealed
parts of the act aforesaid.
Penalty on
persons, fraudulently
exporting
free
negroes, &c.
XV. And be it enacted, That from and after the passage of this act, if any
person or persons shall forcibly or fraudulently transport or carry, or cause to be
transported or carried, out of this state, any free negro or mulatto, knowing
such negro or mulatto to be free, every such person or persons shall forfeit and
pay the sum of eight hundred dollars for every negro or mulatto so transported
or carried, or caused to be transported or carried, one half to the use of the
county in which the recovery may be had, and the other to the informer, to be
recovered by action of debt, or bill of indictment; and of the said sum be not
paid, or secured to be paid, as herein directed, within thirty days after judgment,
then such person or persons shall and may be adjudged by the court to serve on
the roads for any period not exceeding five years; and if any person or persons
shall transport or carry, or cause to be transported or carried, out of this state,
any negro or mulatto entitled to freedom at a certain age, and sell or otherwise
dispose of, or cause to be sold or otherwise disposed of, out of this state, such
negro or mulatto as a slave for life, or for a longer time than he has to serve by
law, knowing such negro or mulatto to be entitled to freedom at a certain age,
every such person or persons shall, for every such offence, forfeit and pay the
sum of eight hundred dollars, one half to the use of the county in which the
recovery may be had, and the other to the informer, to be recovered by action
of debt, or bill of indictment; and if the said sum be not paid, or secured to
be paid, as herein directed, within thirty days after judgment, then such person
or persons shall and may be adjudged by the court to serve on the roads for any
period not exceeding five years. CHAP.
LXVII.
Or importing
them into this
state, &c.
XVI. And be it enacted, That from and after the passage of this act, if any
person or persons shall import or bring into this state any free negro or mulatto,
or any person bound to service for a term of years only, and shall sell or otherwise
dispose of such free negro, mulatto, or person bound to serve for a term of
years only, as a slave for life, or for any longer time than by law such person
may be bound to serve, knowing such negro or mulatto to be free, or entitled to
freedom at a certain age, every such person or persons shall, for every such
offence, forfeit and pay the sum of eight hundred dollars, to be recovered by
action of debt or indictment, one half to the use of the county, the other half
to the informer; and in case the said sum shall not be paid, or secured to be
paid, within thirty days, then such person or persons shall and may be adjudged
to work on the roads for any term not exceeding five years.
Masters, &c.
not to suffer
slaves to depart,
&c.
XVII. And be it enacted, That if any master, mistress, owner or owners, of
any slave or slaves, shall suffer any such slave or slaves to depart from their
respective habitation or quarter, and remain at large, begging or becoming burthensome
to the respective neighbourhoods, or to other persons, it shall be lawful
for the county courts where the master, mistress, owner or owners, of such slave
or slaves shall reside, and they are hereby required, upon the complaint or information
of any credible person (such complaint or information being supported
by oath or affirmation, as the case may require,) to cause such complaint or
information to be minuted among their proceedings, and thereupon to issue their
warrant to the sheriff of their county against such master, mistress, owner or
owners, of such slaves, thereby to cause such master, mistress, owner or
owners, to appear before them at some day to be limitted in such warrant; and
if, on a due examination in a summary way, the said court shall be satisfied that
such master, mistress, owner or owners, of such slave or slaves, have suffered
such slave or slaves to depart and wander, or remain at large, contrary to the
provisions and intention of this act, the said court are hereby empowered and
required to cause such master, mistress, owner or owners, of such slave or slaves,
to enter into recognizance, with one sufficient security, if the same shall be
awarded, in the penalty of one hundred dollars, to be taken to and in the name
of this state, and the condition of the said recognizance shall be such, that if
such master, mistress, owner or owners, of such slave or slaves, his, her or
their executors or administrators, shall suffer such slave or slaves to depart and
remain at large, contrary to the provisions of the act in such cases made and
provided, then such recognizance shall remain in force and virtue; and if any
such master, mistress, owner or owners, of any such slave or slaves, shall afterwards
commit any breach of the condition of such recognizance, it shall be
lawful for any person to put in suit and prosecute such recognizance against the
cognizor or cognizors thereof; and if the master, mistress, owner or owners,
bound by such recognizance, his, her or their executors or administrators, shall
be convicted of any of the breaches assigned by verdict, confession or otherwise,
the judgment of the court shall be rendered for the penalty and costs of suit,
and the same may be recovered by any process of execution, and one third of
the penalty shall be applied to the use of the prosecutor, and the remainder to
be applied as a fund for the county school, if any, if not, to the use of the
county in which such conviction shall happen, and the name of the person prosecuting
such recognizance shall be endorsed upon the original writ, and such
person shall be answerable for the fees and costs; provided, that if any slave or
slaves shall run away or abscond from the service of their master, mistress, owner
or owners, contrary to the will of such master, mistress, owner or owners, such
running away and absconding shall not be construed, deemed or taken, to be a
departing and remaining at large within the meaning of this act.
Free negroes &c. not to give or sell their certificiates, &c.
XVIII. And be it enacted, That in all cases where certificates from a clerk of
any court, or from any judge or magistrate, have heretofore been granted, or
may hereafter be granted, to free negroes or mulattoes, of such negro or mulatto
shall hereafter give or sell such certificate to any slave, by which means such slave
may be able to abscond from the service of his master or owner, and personate
the grantee of such certificate, it shall and may be lawful for the master or
owner of such slave to have remedy against such free negro in any court of law
in this state, and the court before whom such free negro may be tried shall have
full power and authority, upon conviction by the verdict of a jury, or upon confession
or otherwise, to fine such free negro or mulatto a sum not exceeding three
hundred dollars, in the discretion of the court, one half to the use of the master
or owner of such absconding slave, the other half to the county school, in case
there be any, if no such school, to the use of the county; and in case the said
fine shall not be paid, or secured to be paid, within thirty days, then and in
such case the said court may adjudge such free negro to be sold, at public vendue,
for such a term as the said court may deem just and proper, not exceeding seven
years, and the money arising from such sale shall be paid to the person or persons
whose slave shall have absconded by means of such certificate.
Persons giving
a pass, &c.
subject to damages,
&c.
XIX. And be it enacted, That any person or persons who shall hereafter be
convicted of giving a pass to any slave or person held to service, or shall be
found to assist, by advice, donation or loan, or otherwise, the transporting of
any slave, or any person held to service, from this state, or by any other unlawful
means depriving a master or owner of the service of his slave, or person held
to service, for every such offence the party aggrieved shall recover damages in an
action on the case against such offender or offenders, and such offender or offenders
also shall be liable, upon indictment and conviction upon verdict, confession
or otherwise, in this state, in any county court where such offence shall happen,
be fined a sum not exceeding two hundred dollars, at the discretion of the
court, one half to the use of the master or owner of such slave, the other half
to the county school, in case there be any, if no such school, to the use of the
county.
Slave selling
liquor may be
apprehended, &c.
XX. And be it enacted, That any slave selling liquor, or keeping entertainment
at any muster ground, horse race, or other public place whatever, without
the orders or permission of his or her owner in writing, shall be liable to be apprehended
and punished, in the discretion of any justice of the peace, nor exceeding
twenty stripes; that upon the information, or oath or affirmation, as
the case may be, if any credible person, to any judge associate justice, or justice
of the peace of any county of this state, that any free negro, mulatto or other
person, is found living idle, without any visible means of maintenance, or going
at large through such county, and without any visible means of subsistence, such
judge or justice is hereby authorised and required to issue his warrant to any constable
of his county, directing him to apprehend such person or persons, and
bering him, her or them, before some judge or justice of such county; and upon
the return of any such warrant, such judge or justice, before whom the same
shall be returned, is hereby authorised and empowered to inquire, by all lawful
means, whether such negro, mulatto or other persons, is an offender under
this act, and if it shall be made appear, to the satisfaction of such judge or justice,
that such person is such an offender, then in such case such judge or justice
is hereby directed forthwith to order such free negro, mulatto or other person, to
give security for hs good behaviour, in a penalty not exceeding thirty dollars, or
on default of such security to order such free negro, mulatto or other person, to
depart the state within five days; and such free negro, or mulatto or other person,
refusing to comply with this act, or after leaving this state shall again return within
six months, may be again taken up and carried before some judge or justice of
the peace, who may commit the said free negro, mulatto or other person, to the
common gaol of the county; and in case such person or persons, so committed,
shall not, within twenty days thereafter, pay his or her prison charges, it shall
and may be lawful for the sheriff of such county wherein such person or persons
shall have been committed, with the approbation of any two justices of the
peace of such county, to sell such person or persons to serve for a period of time not
exceeding six calendar months, and the money therefrom arising, after payment of
the charges arising from such commitment and confinement, to pay over unto the
justices of the levy courts of the respective counties, for the use of said counties.
No petition to
originate in
the general
court, &c.
XXI. And be it enacted, That no petition or petitions for freedom shall hereafter
originate in the general court of either shore, but shall commence and be
tried only in the county where such petitioner or petitioners shall reside, under
the direction of his, her or their master, mistress or owner; and the court of the
county in which such petition or petitions shall be preferred, shall have full
power and authority to issue process against such master, mistress or owner, for
the purpose of compelling his or her appearance, directed to the sheriff of the
county where such person or persons shall reside, and such sheriff shall serve and
return such process, in the same manner as if issued by the county court of this
county, and in case of neglect or delay in such sheriff to execute and return such
process, he may be fined by the court issuing such process.
Petitioner,
&c. may apply
to the
court, &c.
XXII. And be it enacted, That in all petitions now depending, or hereafter
commenced, for freedom, either the petitioner or defendant may apply to the court
for the benefit of a trial by jury, and the court shall thereupon charge, as the
law directs, the attending jury, to determine each and all of the allegations contained
in the said petition, which may be controverted, any law, usage or custom,.
to the contrary notwithstanding.
There shall
be no appeal,
&c.
XXIII. And be it enacted, That there shall be no appeal from the judgment
of the county court upon such petitions, except as to matters of law, where the
facts shall have been tried by a jury, and the master, mistress or owner, of such
petitioner, or the petitioner, at the election of either, shall have the right of appeal
as to matters of law only, and to take bills of exception in all cases so tried
to the general court of their respective shore, any thing in this act contained to
the contrary notwithstanding.
Master, &c.
may challenge,
&c.
XXIV. And be it enacted, That either the master, mistress or owner, of such
petitioner, or the petitioner, shall have the right an privilege of challenging
peremptorily to the number of twelve jurors impannelled to try the facts in issue,
and for want of a sufficient number of jurors remaining upon the original pannel,
a tales, at the prayer of either party, shall be awarded by the court to try the
said issue or issues.
The attorney
to pay costs in
certain cases,
&c.
XXV. And be it enacted, That in all cases of petitions for freedom hereafter
to be instituted in any court of law in this state, where the petition or petitions
shall be dismissed, or upon trial the judgement against such petitioner or petitioners,
the attorney prosecuting or appearing to the same shall pay all legal costs
arising therein, unless the court, before whom the same may be brought, shall
be of opinion, under all circumstances, that there was probable ground to suppose
the said petitioner or petitioners had a right to freedom; and that in all cases
of petitioner for freedom now depending in any court of law in this state, except
on appeal, where a similar petition or petitions, at the suit of the same party of
parties, has or have been before filed and dismissed, the court before whom such
petitioner or petitioners are depending shall order a stay of all proceedings until the
costs of the former petition or petitions, and all reasonable demands and expences
sustained or incurred by the defendant or defendants therein, to be ascertained by
the court, shall have been paid or secured to be paid.
If not paid,
defendant to
be discharged,&c.
XXVI. And be it enacted, That in case the said costs, damages and expences,
shall not be paid within six months after the court shall have ordered a stay of
proceedings, and ascertained the said damages and expences as aforesaid, the defendant
or defendants in such petition or petitions, so as aforesaid depending, and
his, her or their securities, shall be discharged from any recognizance by him,
her or them, entered into, in consequence of such petition or petitions being
filed, and the said petition shall be forthwith dismissed.
Court may order a stay, &c.
XXVII. And be it enacted, That if any petition for freedom shall hereafter
be filed in any court of law in this state, and dismissed, and a second petition
filed at the suit of the same party, the court in which such second petition may
be filed shall order a stay of all proceedings until the costs of the former petition,
and all reasonable damages and expences sustained or incurred by the
defendant or defendants therein, to be ascertained by the court, shall have been
paid or secured to be paid.
Act to be
given in
charge.
XXVIII. And be it enacted, That it shall be the duty of the several county
courts of this state to give this in charge to the several grand juries of their
respective counties.
Healthy
slaves may be
manumitted,
&c.
XXIX. And be it enacted, That where any person or persons possessed of any
slave or slaves within this state, who are or shall be of healthy constitutions,
and sound in mind and body, capable by labour to procure to him or them
sufficient food and raiment, with other requisite necessaries of life, and not exceeding
forty-five years of age, and such person or persons possessing such slave
or slaves as aforesaid, 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 commence 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 meaning 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 endorse on the back of such instrument the time
of the acknowledgment, 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 of the
respective county courts within this state shall, immediately upon the receipt of
such instrument, endorse the time of his receiving the same, and shall well and
truly enrol such deed or instrument in a good and sufficient book, in folio, to be
regularly alphabeted in the names of both parties, and to remain in the custody
of the said clerk for the time being among the records of the respective county
courts; and that the said clerk shall, on the back of every such instrument, in a
full legible hand, make an endorsement of such enrolment, and also of the folio
of the book in which the same shall be enrolled, and to such endorsement set
his hand, the person or persons requiring such entry paying the usual and legal
fees for the same.
A copy good
evidence.
XXX. And be it 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.
Several acts
repealed.
XXXI. And be it enacted, That an act passed at April session, seventeen hundred
and eighty-three, chapter twenty-three, entitled, An act to prohibit the
bringing of slaves into this state, and an act passed at November session, seventeen
hundred and ninety, chapter nine, entitled, An act to repeal certain parts of
an act, entitled, An act to prevent disabled and superannuated slave being set
free, or the manumission of slaves by any last will and testament, and of a supplementary
act thereto, and for certain other purposes, and an act passed at
November session, seventeen hundred and ninety-one, chapter fifty-seven, entitled,
A supplement to the act, entitled, An act to prohibit the bringing slaves
into this state, and to alter and amend parts of the said act, and an act passed at
November session, seventeen hundred and ninety-one, chapter seventy-five, entitled,
An act concerning petitions for freedom, and act passed at November
session, seventeen hundred and ninety-three, entitled, A supplement to an act
concerning petitions for freedom, and an act passed November session, seventeen
hundred and ninety-four, entitled, A further supplement to an act to prohibit
the bringing slaves into this state, shall be and the same are hereby repealed; provided,
that all rights heretofore acquired under the said repealed laws, or any of
them, shall not be affected or impaired by this act.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000105/html/am105--249.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #15

Date Dec. 24, 1758
Jurisdiction MD
Title An ACT continuing an Act, entitled, f An Act to prevent disabled and superannuated Slaves being s…

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Date Dec. 24, 1758
Law/Legislation Law (repealed?)
An act relating to negroes and to repeal the acts of the assembly therein mentioned
Jurisdiction MD
Title An ACT continuing an Act, entitled, f An Act to prevent disabled and superannuated
Slaves being set Free, or the Manumission of Slaves by any Last Will or Testament. Lib. H.S. fol. 372.
Description/Full Text f 1752, ch. 1. Hereby continued, &c. in full Force, for and during the Term of Seven
Years, and unto the End of the next Session of ASsembly, which shall happen after the expiration
of the said Seven Years.
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Record #16

Date July, 8 1755
Jurisdiction MD
Title An Act continuing an Act, entitled, d An Act to prevent disabled and superannuated Slaves being …

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Date July, 8 1755
Law/Legislation Law (repealed?)
An act relating to negroes and to repeal the acts of the assembly therein mentioned
Jurisdiction MD
Title An Act continuing an Act, entitled, d An Act to prevent disabled and superannuated
Slaves being set Free; or the Manumission of Slaves by any last Will or
Testament.Lib. H.S. fol. 187. EXP.
Description/Full Text d 1752, ch. 1; hereby continued 3 Years, &c
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Record #17

Date June, 1752
Jurisdiction MD
Title An Act to prevent disabled and superannuated Slaves being set free, or the Manumission of Slaves…

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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.
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Record #18

Date Jan. 19, 1805
Jurisdiction MD
Title A Further supplement to an act, entitled, An act relating to negroes, and to repeal the acts of a…

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Date Jan. 19, 1805
Law/Legislation Law
Jurisdiction MD
Title A Further supplement to an act, entitled, An act relating to negroes,
and to repeal the acts of assembly therein mentioned.
Description/Full Text Persons may apply in wirting, &c.
BE IT ENACTED, by the General Assembly of Maryland, That if any person shall apply, by petition
in writing, to the county court of the county wherein such person shall reside, setting forth,
that any negro or mulatto, to whose services he was or is entitled for a limitted time or number
of years, has run away or departed from the service of such person, during such time of servitude,
it shall be lawful for such court, on being satisfied of the truth of the facts set forth in such peti-
tion, and that such departure from service hath not been caused by the ill treatment or misconduct
of the petitioner, or person under whom he or she claims, to adjudge such negro or mulatto to serve
the person petitioning, or his lawful assigns, such length of time after such negro or mulatto would
have been entitled to freedom, or for such length of time after the date of the judgment, as justice
and equity may require, and as the' court, under all circumstances, shall think reasonable; provided,
that no negro or mulatto so adjudged, shall be liable to be sold or assigned to any person residing out
of this state.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000562/html/am562--82.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #19

Date Jan 8, 1803
Jurisdiction MD
Title An ACT relating to runaway servants and slaves

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Date Jan 8, 1803
Law/Legislation Law
Jurisdiction MD
Title An ACT relating to runaway servants and slaves
Description/Full Text Sheriff to ad-
vertise runa-
ways, Sec.
BE IT ENACTED, by the General Assembly of Maryland, That it shall be the duty of the sheriffs of
the several counties of this state, and they are hereby respectively required and directed, upon
any runaway servant or slave being committed to his custody, to cause the same to be advertised
in some public news-paper or papers printed in the city of Baltimore, the city of Washington,
and the town of Easton, and in such other public manner as he shall think proper, within fifteen
days after such commitment, and to make particular and minute description of the ctoathing, person
and bodily marks, of such runaway.
If not applied
for, to sell
them, &c.
II. AND BE IT ENACTED, That if the owner or owners, or some person in his, her or their be-
half, shall not apply for such runaway within the space of sixty days from the time of advertising as
aforesaid, and pay, or secure to be paid, all such legal costs and charges as have accrued by reason
of apprehending, imprisoning and advertising such servant or slave, it shall be the duty of such
sheriff, and he is hereby required and directed, to proceed to sell such servant or slave, and imme-
diately to give public notice by advertisements, to be set up at the court-house door and such other
public places as he shall think proper, in the county where such servant or slave is in custody, of
the time and place for sale of such servant or slave, by him to be appointed, not less than twenty
days after the time limitted as aforesaid has expired, and at such time and place shall proceed to sell
and dispose of such servant or slave to the highest bidder.
And make out
and return an
account, &c.
III. AMD EE IT ENACTED, That the sheriff shall, under the penalty of fifty dollars for every
such offence, make cut, on oath, and return to the justices of the levy court, at their next session
after the sale of any servant or slave, an account, stating the time of the commitment, the time of
sale, the name of the purchaser and terms of sale, and the expences and costs of advertising,
securing and keeping, and the amount for which such servant or slave has been sold, and out of the
money arising; from, such sale to retain the amount of such costs and charges as he is by law entitled
to, and no more, and the balance, if any, to be paid to the justices of the levy court, who are here-
by authorised and directed to pay the same to the owner of such servant or slave, if such owner
shall apply for it within two years from the time of such sale, and If it shall not be applied for with-
in two years as aforesaid, then the money so paid to the levy court shall be applied to the use of the
county; provided, that any servant or slave sold as aforesaid shall not be carried or transported
out of this state until after two years have elapsed from the time of such sale and any person or
persons who shall carry, or cause to be carried out of this state, within the time limitted as afore-
said, any such servant or slave, shall incur and be subject to the like penalties as persons are who
shall transport or carry any free negro out of this state.
Penalty for neglect
IV. AND BE IT ENACTED, That if any sheriff shall refuse or neglect to comply with the directions
of this act, he shall, for every such refusal or neglect, forfeit and pay the sum of one hundred dol-
lars.
Acts repealed.
V. AND BE IT ENACTED, That an act, entitled, A supplement to the act relating to servants and
slaves, passed May session, seventeen hundred and nineteen, and an act, entitled, An act to restrain
the ill practices of sheriffs, and to direct their conduct respecting runaways, passed November ses-
sion, seventeen hundred and ninety-two, be and they are hereby severally repealed.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000559/html/am559--50.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
Transcriber Notes
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Record #20

Date May,14, 1718 - June 8th 1719
(Probably May sessions 1719)
Jurisdiction MD
Title A Supplement to the Act relating to Servants and Slaves

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Date May,14, 1718 - June 8th 1719
(Probably May sessions 1719)
Law/Legislation Law (Repealed)
An ACT relating to runaway servants and slaves
Jurisdiction MD
Title A Supplement to the Act relating to Servants and Slaves
Description/Full Text Whereas by the Act of Assembly relating to Servants and
Slaves, there is not any Provision made what shall be done
with such runaway Servants or Slaves that now are, or here-
after shall or may be taken up and committed to the Custody
of any Sheriff within this Province, where the Master or
Owner of such Servant or Slave, having due Notice of such
Servant's or Slave's being in the Custody of such Sheriff,
refuses or delays to redeem such Servant or Slave, by paying
their Imprisonment Fees, and such other Charge as has, or
may accrue, for taking up such Servant or Slave.
II. Be it therefore Enacted, by the Right Honourable the
Lord Proprietary, by and with the Advice and Consent of his
Lordship's Governor, and the Upper and Lower Houses of
Assembly, and the Authority of the same, That from and after
the End of this present Session of Assembly, every Sheriff
that now hath, or hereafter shall have committed into his
Custody, any runaway Servants or Slaves, after One Month's
Notice given to the Master or Owner thereof, of their being
in his Custody, if living in this Province, or Two Months
Notice, if living in any of the neighbouring Provinces, if such
Master or Owner of such Servants or Slaves do not appear
within the Time limited as aforesaid, and pay, or secure to be
paid, all such Imprisonment Fees due to such Sheriff, from the
Time of the Commitment of such Servants or Slaves, and also
such other Charges as have accrued or become due to any
Person for taking up such runaway Servants or Slaves, such
Sheriff is hereby authorized and required (such Time limited
as aforesaid, being expired) immediately to give Public Notice
to all Persons, by setting up Notes at the Church and Court-
house Doors of the County where such Servant or Slave is in
Custody, of the Time and Place for Sale of such Servants or
Slaves by him to be appointed, not less than Ten Days after
such Time limited as aforesaid, being expired; and at such
Time and Place by him appointed as aforesaid, to proceed to
sell and dispose of such Servant or Slave to the highest Bidder,
and out of the Money or Tobacco which such Servant or Slave
is sold for, to pay himself all such Imprisonment Fees as are
his just Due, for the Time he has kept such Servant or Slave
in his Custody, and also to pay such other Charges, Fees or
Reward, as has become due to any Person for taking up such
Runaway Servant or Slave ; and after such Payments made, if
any Residue shall remain of the Money or Tobacco such
Servant or Slave was sold for, such Sheriff shall only be
accountable to the Master or Owner of such Servant or Slave,
for such Residue or Remainder as aforesaid, and not other-
wise.
III. And in case any Sheriff, or the Buyer of such Servant
or Slave, or others concerned in the Execution of this Act,
shall be sued by any Person or Persons for any Matter or
Thing done, or to be done, in pursuance hereof, it shall and
may be lawful for every such Person or Persons so sued, to
plead the General Issue, and give this Act and the special Mat-
ter in Evidence, and in case of Non-suit, Discontinuance, or
Verdict against the Plaintiff, the Court shall award double
Costs of Suit.
Examined and Compared with the Original Act,
Reverdy Ghiselin
Thomas Bacon.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000033/html/am33--459.html
Transcriber Notes
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Record #21

Date Nov 1792
Jurisdiction MD
Title An act to restrain the ill practices of sheriffs, and to direct their conduct respecting runaways

All Fields in This Record

Date Nov 1792
Law/Legislation Law (Repealed)
An ACT relating to runaway servants and slaves
Jurisdiction MD
Title An act to restrain the ill practices of sheriffs, and to direct their conduct respecting runaways
Description/Full Text Preamble.
WHEREAS it is reprefented to this general affembly, that the fheriffs of
the refpective counties have negleded to advertife runaways, to the
great injury of the owners; therefore,
Runaways
committed
to be adver-
tifed, &c.
II. Be it enacted, by the General Affembly of Maryland, That it be the duty
of the feveral and refpedive fheriffs, and they are hereby required and direded,
upon any runaway being committed to their cuftody, to caufe the fame to be ad-
vertifed in fome public news-paper within twenty days after fuch commitment,
and to make particular and minute defcription of the perfon, cloaths and any
bodily marks, of fuch runaway.
If not applied
for, to be a
gain adver-
tifed, &c.
III. And be it enacted, That if no perfon fhall apply for fuch runaway within
the fpace of thirty days from fuch commitment, then it fhall be the duty of fuch
fheriff, if refiding on the weftern fhore, to caufe the faid runaway to be adver-
tifed, as heretofore direded, in the Maryland Journal and George-town Weekly
Ledger, and, if refiding on the eaftern fhore, to caufe the fame to be advertifed
in the Maryland Herald and Maryland Journal within fixty days from fuch com-
mitment, and to continue the fame therein until the faid runaway is releafed by
due courfe of law,
Penalty for
neglect, &c.
IV. And be it enacted, That if any fheriff fhall refufe or negled to comply
with the directions of this ad, he fhall, for every fuch refufal or negled, forfeit
and pay the fum of twenty pounds current money to the owner of fuch runaway.
Duration.
V. And be it enacted, That this act fhall commence and be in full force from
the firft day of April next.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000644/html/am644--70.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #22

Date May, 1751
Jurisdiction MD
Title An Act for the more effectual Punishment of Negroes and other Slaves, and for taking away the Ben…

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Date May, 1751
Law/Legislation Law
Jurisdiction MD
Title An Act for the more effectual Punishment of Negroes and other
Slaves, and for taking away the Benefit of Clergy from certain
Offenders: And A Supplementary Act to an Act entituled, An
Act to prevent the tumultuous Meeting and other Irregularities of
Negroes and other Slaves, and directing the Manner of trying
Slaves.
Description/Full Text [Preamble.]
Whereas the Laws in Force for the Punishment of Slaves are
found insufficient to prevent their committing very great Crimes and
Disorders, and that a further Provision is necessary to keep them
in proper Bounds and due Order; and for a more speedy Method to
bring them to Justice than is prescribed by the Laws heretofore made.
[Crime
punishable
with Death.]
Be it therefore Enacted by the Right Honourable the Lord Pro-
prietary, by and with the Advice and Consent of his Lordship's Gov-
ernor, and the Upper and Lower Houses of Assembly, and the Au-
thority of the same, That if any Slave or Slaves shall at any Time
consult, advise, conspire, or attempt to raise any Insurrection within
this Province, or to murder or poison any Person or Persons what-
soever, or to commit a Rape upon any white Woman, or to burn any
House or Houses, and be thereof convict by Confession or Verdict,
or who shall of Malice stand mute, or peremptorily challenge above
the Number of twenty Jurors, shall suffer Death as in Cases of
Felony, without Benefit of Clergy.
And be it further Enacted, That any Slave, who shall attempt to
burn any Dwelling-House, or Outhouse contiguous to, or used with
any Dwelling-House, or any other House wherein there shall be any
Person or Persons, or any Goods, Merchandizes, Tobacco, Indian
Corn, or other Grain or Fodder, and shall be thereof convict as
aforesaid, shall suffer Death as a Felon, without Benefit of Clergy.
[Manner of
trying
Slaves.]
And be it further Enacted, That every Slave committing any of
the Felonies herein before mentioned, or any other Offence which
may by Law Subject such Slave to the Pains of Death, shall be com-
mitted to the Sheriff of the County where the Offence shall be com-
mitted; and that at the next Assizes or County Court, which shall
first happen to be held for the County where the Offence shall be
committed, the Justices of Assize, or either of them, or County Court,
which shall first happen, shall and may, by Virtue of this Act, try
every such Offender or Offenders according to Law; and upon the
Conviction of the Offender or Offenders, upon his, her, or their
voluntary Confession, or the Verdict of a Jury upon the Testimony
of one or more legal or credible Witness or Witnesses, or even the
Testimony or the Evidence of other Slaves, corroborated with such
pregnant Circumstances as shall convince and satisfy the Jury who
shall try the Fact, of the Guilt of such Slave or Slaves, to give Judg-
ment according to the Nature and Quality of the Offence.
[Punishment
of Slaves
giving false
Testimony.]
And be it further Enacted, That any Slave or Slaves, who shall
give any false Testimony against any Slave or Slaves who shall be
prosecuted as aforesaid, and shall be thereof legally convict, shall
have one Ear cut off on the Day of his or her Conviction, and re-
ceive thirty-nine Stripes on the bare Back, and that the other Ear
shall be cropp'd the next Day, and the like Number of Stripes given
the Offender on his or her bare Back.
And to the End that such Slave or Slaves, as shall be produced as
a Witness or Witnesses against other Slave or Slaves, may be de-
terred from giving false Testimony, Be it Enacted, That the Justices
of Assize, or either of them, then sitting, or the Justice of the County
Court who shall preside, shall admonish and charge such Witness or
Witnesses to declare the Truth, the whole Truth, and nothing but the
Truth; and acquaint him, her, or them, with the Danger and Conse- p. 537
quence of giving false Testimony.
[Owners of
executed
Slaves to be
paid the
Value of
them.]
And be it further Enacted, That when any Slave shall be con-
demned to suffer Death, that such Slave shall be valued by the Jus-
tices of Assize, or either of them, then present, or County Court,
according to the best of their Knowlege; which said whole Value
shall be paid by the Treasurer of the respective Shore on which such
Execution shall be, on the Certificate of such Sheriff, out of the
Public Stock of this Province in the Hands of such Treasurer, with-
out Fee or Reward, to the Master or Owner of such Slave, in case
the said Slave be actually executed,
[Slaves
rambling,
&c., how
punished.]
And be it further Enacted, That where any Slave shall be guilty
of rambling, riding, or going abroad in the Night, or riding Horses
in the Daytime without Leave, or running away, it shall and may be
lawful for the Justices of the County Court, and they are hereby
obliged, upon the Application or Complaint of the Master or Owner
of such Slave, or to his, her, or their Order, or on the Application
or Complaint of any other Person who shall be any ways dampnified
or injured by such Slave, immediately such Slave to punish by whip-
ping, cropping, or branding in the Cheek with the Letter R, or other-
wise, not extending to Life, or to render such Slave unfit for Labour.
And be it likewise Enacted, That if any Slave shall happen to be
slain for refusing to surrender him or herself, contrary to Law, or
in unlawful resisting any Officer or other Person who shall appre-
hend, or endeavour to apprehend such Slave or Slaves; and such
[Slaves
killed in
refusing to
surrender, to
be paid for
by the
Public.]
Officer or other Person, so killing such Slave as aforesaid making
Resistance, shall be, and he is by this Act indemnified from any
Prosecution for such killing aforesaid: And that in every such Case,
such Slave or Slaves shall be valued by two reputable Persons, not
being of Kin to the Master or Owner of such Slave, upon Oath to
be administred unto them, and to be appointed by the then nearest
Magistrate, well and truly to value what such Slave was worth, to the
best of their Knowlege, without Favour or Partiality; and that the
whole Value of such Slave or Slaves shall be certified by such Per-
sons to such Magistrate; and that the same shall be paid to the Owner
or Owners of such Slave or Slaves, or to his, her or their Order,
by the Treasurer of the respective Shore of this Province on which
the same Death happened, upon a Certificate from the said Magis-
trate of the Death and Value of such Slave or Slaves, out of the
Public Stock of this Province in the Hands of such Treasurer, with-
out Fee or Reward.
[Free
Persons or
white
Servants
enticing
Slaves to
run away.]
And be it further Enacted, That if any free Person shall entice and
perswade any Slave within this Province to run away, and who shall
actually run away from the Master, Owner, or Overseer, and be
convicted thereof by Confession, or Verdict of a Jury, upon an In-
dictment or Information, shall forfeit and pay the full Value of such
Slave to the Master or Owner of such Slave, to be levied by Execu-
tion on the Goods, Chattels, Lands, or Tenements of the Offender ;
and in Case of Inability to pay the same, shall suffer one Year's
Imprisonment without Bail or Mainprize. And that if any white
Servant shall entice or perswade any such Slave to run away, and
who shall actually run away, that the Offender shall, after the Ex-
piration of his Time of Servitude, become a Servant to the Master
or Owner of such Slave, for and during the Term of four Years, or
satisfy and pay to the Master of Owner the Value of such Slave; to
be adjudged in either Case at the Tryal, by the Court before whom
the Fact shall be tried; and that the Fact may be tried either in the
County where the Offences shall be committed, or where the Of-
fender or Offenders shall be taken or apprehended.
[Sheriffs to
read this Act
at County
Courts.]
And to the End this Act may be known by all Sorts of People, Be p. 538
it Enacted by the Authority aforesaid, That the several Sheriffs
within this Province shall read, or cause this Act to be read, at the
Court-House Door, on the second Day of each of the four County
Courts in every Year, during the Continuance of this Act, on Pain
of forfeiting five Pounds Current Money for every Neglect; to be
recovered as aforesaid, with Costs of Suit, by Indictment or Infor-
mation, in the Court of the County where such Neglect shall happen,
and be applied to defray the County Charge.
[Proviso.]
Provided always, That where any Money shall be paid by Virtue
of any Act or Acts of this Province, for any Slave or Slaves who
shall die in Goal after Sentence, or shall be executed; It is hereby
Declared and Enacted, That such Payment shall be made for such
Slave or Slaves who were actual Inhabitants within this Province,
at the Time of such Fact committed, and not otherwise.
[Continu-
ance 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 End of the said
three Years.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000046/html/am46--618.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #23

Date Oct 2, - Nov 17, 1753
Jurisdiction MD
Title An Act to prevent Masters of Ships and Vessels from clandestinely carrying Servants and Slaves, o…

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Date Oct 2, - Nov 17, 1753
Law/Legislation Law
Jurisdiction MD
Title An Act to prevent Masters of Ships and Vessels from clandestinely
carrying Servants and Slaves, or Persons indebted, out of this
Province.
Description/Full Text [Preamble.]
Whereas divers Servants and Slaves, belonging to the People of
this Province, and Persons Indebted therein, have been carried away
out of the same Province, in Ships or Vessels trading therein, to the
great Loss and Damage of his Majesty's Subjects, the good People of
Maryland: To prevent therefore so great an Evil, it is prayed that
it may be enacted ;
[Masters of
Vessels,
when they
enter, to be
sworn, that
they will not
clandestinely
carry away
any Servants
&c.]
And be it Enacted, by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of his Lordship's Governor, and
the Upper and Lower Houses of Assembly, and the Authority of
the same, That from and after the End of this Session of Assembly,
when, and as often as, any Commander, or Master of a Vessel, above
Eighteen Feet by the Keel, shall come to enter with, or take out a
Permit from, any Naval-Officer within this Province, or the Limits
or Precincts thereof, it shall not be lawful for such Naval-Officer, to
suffer such Commander, or Master, to enter such his Vessels with
him or them, or grant him or them a Permit to trade within the said
Province, until such Commander, or Master, shall have taken the
following Oath, on the Holy Evangels of Almighty God, or Affirma-
tion if a Quaker, which Oath, or Affirmation, such Naval-Officer or
[The Oath.]
Officers are hereby impowered to administer, viz. " I A. B. Com-
mander of the Ship or Vessel C. will not clandestinely conceal, or
permit to be concealed, on board my Ship or Vessel, during my stay
within this Province, any Servant, or Slave, belonging to any Inhabi-
tant or Inhabitants thereof, nor will wittingly or willingly carry away,
out of this Province, any Servant or Slave, or Servants or Slaves, p. 17
belonging to any Inhabitant or Inhabitants thereof, or any Person or
Persons Indebted therein, common Sailors excepted, contrary to the
Laws of this Province. So help me God."
[Slaves, &c.
not to be
suffer'd on
board Ves-
sels;]
And be it likewise Enacted, That no Master of a Vessel coming
into this Province, and entering to trade therein, shall suffer any
Slave or Slaves, Servant or Servants, to frequent his or their Ves-
sel or Vessels, or come on board or conceal such Servant or Ser-
vants, or Slave or Slaves, on board such his or their Ship or Vessel,
or Ships or other Vessels; and in Case any Servant or Servants, Slave
or Slaves, shall be kept or concealed on board any Ship or Ships, Ves-
sel or Vessels, coming into, and trading within this Province, for the
Space of One Hour or longer, the Master or Commander of such
Ship or Vessel, shall forfeit and pay at the rate of Twenty Shillings
Current Money, for every Hour each Servant or Slave shall be suf-
fered to frequent his or their Vessel, or be kept or concealed on board
his or their Vessel, to the Party owning such Servant or Slave, or
Servants or Slaves, the same to be recovered, in a summary Way
before One Justice of the Peace, with Costs.
Provided always, That it shall and may be lawful for any Master,
of Commander, of any Ship or Vessel coming into, or trading within,
this Province, to hire any Servant or Slave, Servants or Slaves, from
any Inhabitant within this Province, to work on board such his or
[Except on hire.]
their Ship and Vessel, or Ships and Vessels; any Thing in this Act
contained to the contrary thereof in any wise notwithstanding.
" Provided nevertheless, and it is hereby Enacted and Declared,
That where it shall happen, the Master of such Ship or Vessel as
aforesaid, shall by Reason of Sickness be rendered unable to attend
on such Naval-Officer, that then and in such Case, the chief Mate
or next Officer of such Ship or Vessel, shall be admitted to make
Entry of the said Ship or Vessel; and that afterwards, the said
Master, as soon as he is able, and before the Clearing of the said Ship
or Vessel, shall be, and is hereby obliged to take the said Oath, or
Affirmation if a Quaker, as aforementioned."
[Continu-
ance.]
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--284.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #24

Date May - June, 1676
Jurisdiction MD
Title An Act Relateing to Servants and Slaues
(Slaves) [sic]

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Date May - June, 1676
Law/Legislation Law
Jurisdiction MD
Title An Act Relateing to Servants and Slaues
(Slaves) [sic]
Description/Full Text Whereas there was an Act Provided against Servants Run-
nawayes made in the yeare one thousand Six hundred & fifty
And another Act made in the yeare one thousand six hundred
Sixty two as alsoe another Act made in the yeare one thousand
Six hundred Sixty Six which said three Acts haueing hithertoo
proved ineffectuall in Regard they doe not Sufficiently provide
an Encouragement for such person or persons Inhabitants
within this Province as shall Seize such Runnawayes Servants
by this Act deemed Runnawayes Therefore for the better
Discovery Seizing and apprehending of Such Runnawayes as
aforesaid Bee itt Enacted by the Right Honble the Lord Pro-
prietary by and with the aduice and Consent of the upper &
lower houses of this present Generall Assembly That from & after
the PublicacOn hereof noe Servant or Servants whatsoever within
this Prouince whither by Indenture or according to the Custome
of the Countrey or hired for wages shall travell by Land or
water tenn miles from the house of his her or their Master or
mistrisse or dame without a noate under their hands or vnder
the hand of his her or their Overseer (if any be) under the Pen-
alty of being taken for a Runnaway & to Suffer Such penaltyes
as are hereafter provided against Runnawayes.And itt is hereby further Enacted by the Authority aforesaid
That any Such Servant or Servants as aforesaid unlawfully
absenting him her or themselues from his her or their said
master mistrisse Dame or Overseer Shall Serve tenn dayes for
every one dayes absence to be Judged when such master mis-
trisse or Dame shall bring their said servant before the Justices
of the Prouinciall or County Court where the owner Master or
mistriss dame or Overseer of such Servant Shall live dureing
the Sitting of the Court be itt before or after the Expiracon of
such Servants first time of Service by Indenture or otherwise.
And be itt further Enacted by the Authority aforesaid That
any person or persons whatsoever within this Prouince that
shall wittingly or willingly deteyne any such Servant or Ser-
uants unlawfully absenting him her or themselues as aforesaid
shall be fined five hundred pounds of Tobacco for every night
or four & twenty houres that such person or persons shall give
Entertainment to such servant or seruants one halfe to the Lord
Proprietary & the other halfe to the Informer or him or them
that shall sue for the same to be Recovered in any Court of
Record within this Prouince by accon of debt bill plaint or In-
formacon wherein noe Essoyne Wager or Proteccon of Law to
be allowed And for the better discovery of Runnawayes itt is
hereby further Enacted by the Authority aforesaid That any
person or persons whatsoever within this Prouince Travelling
out of the County where he shee or they shall live or reside
without a passe vnder the Seale of the said County for which
they are to pay tenn pounds of Tobacco or one shilling in
money such person or persons if apprehended not being Suffi-
ciently knowne or able to give a good accompt of himselfe to
be left to the discretion & Iudgment of such Magistrate before
whom such person as aforesaid shall be brought to Iudge there-
of And if before such Magistrate or Magistrates brought shall
be deemed and taken as a Runnaway shall Suffer such fines
and penaltyes as is hereby provided against Runnawayes And
for the better encouragement of all persons to Seize and take
upp such Runnawayes Itt is by the Authority aforesaid Enacted
That all and every person or persons apprehending Seizing &
takeing upp Such Runnawayes & persons trauelling without
passes as aforesaid and not being able to give a Sufficient ac-
compt of themselues as aforesaid shall haue & Receive two
hundred pounds of Tobacco to be payd by the owner of such
Runnaway soe apprehended & taken upp if a Servant & if
a freeman & Refuseing to pay the same then to make Satis-
faccon by Servitude or otherwise as the Iustices of the Prouin-
ciall or County Courts where such person shall be soe appre-
hended and taken upp shall think fitt And further for the bet-
ter discovery & Encouragement of our Neighbour Indians to
Seize & apprehend Runnawayes itt is further hereby Enacted
That any Indian or Indians which shall apprehend seize or take
upp any Runnaway Servant & bring him before some Magis-
trate of any County within this Prouince shall for a Reward
haue a Matchcoate paid him or the value thereof which said
Reward is to be Repay'd & Satisfyed by the County where
such person shall be apprehended And such Runnaway to Re- p. 104
imburse the said County by Servitude or otherwise as the Ius-
tices of the Prouinciall Court or County Court shall think fitt.
And Bee itt further Enacted by the Authority aforesaid That
att what tyme soever any of the aforesaid persons runawayes
shall be soe seized by any person or persons within this Pro-
uince such person or persons soe seizing or apprehending the
same shall bring or Cause him or them to be brought before
the next Magistrate or Iustice of the County where such Run-
naway is apprehended who is hereby Impowered to take into
his Custody or otherwise him her or them to secure & dispose
as he shall think fitt Untill such person or persons Seized or
apprehended shall give sufficient Security to answer the Pre-
misses the next Court that shall first Insue in the said County
who is alsoe to secure such person or persons untill he or they
can make satisfaccon to the party that shall soe apprehend or
seize such Runnaway or other person as by this Act is Required
Except such person shall make satisfaccon as aforesaid before
such Court shall happen And that notice be Conveniently given
to the master mistrisse or Dame of any Runnawayes taken
upp as aforesaid The Justice of the Peace or Comissioner of
the County shall forthwith cause a noate of the Runnawayes
name soe seized & apprehended as aforesaid to be sett upp att
the County Court where such person is seized or apprehended
as aforesaid And alsoe Cause a noate to be Sett upp att the
next adjacent County Courts & att the Prouinciall Court or
Secretaryes office that all persons may view the same & see
where such their servants are & in whose Custody.
And forthemore for the better ascertaining of what each Ser-
vant according to the Custome of the Country shall haue att
the Expiracon of the tyme of their Servitude Bee itt Enacted
by the authority & advice and Consent aforesaid That Euery
man Seruant shall att such tyme of Expiracon of his servitude
aforesaid haue allowed and giuen him a good Cloath suite
either of Kersey or broad Cloath a shift of white Linnen to be
new one new paire of Shews & Stockens two hoes, one ax &
three barrells of Indian Corne all women servants att the tyme
of the Expiracon of their Servitude as aforesaid shall haue al-
lowed and given her the like provision of Cloathes & Corne
as aforesaid.
And to the intent the many great mischiefes & inconve-niencyes ariseing & accruing to divers good people of this Pro-
uince by the transporting & Carrying or Conveying away or
causeing to be transported Carryed or Conveyed away out of
this Prouince any Inhabitant within this Prouince whether
master or freeman not thereunto Lawfully Lycenced or any ap-
prentice hired or other Servant or Slaue may for the future be
prevented.Bee itt further Enacted by the Authority aforesaid by and
with the aduice & Consent aforesaid That every person or per-
sons that shall soe transport carry or Convey away or cause to
be transported Carryed and Conveyed away out of this Pro-
uince any Inhabitant of this Prouince as aforesaid that is
or shall be indebted or engaged here & not haueing a Suffi-
cient Lycence or passe according to the Law of this Prouincep. 105 in that Case made & provided shall be Lyable to Satisfye all
such debts engagements & damages as the said person or
persons soe transported Carryed or Conveyed away should be
Lyable to Satisfye to any persons to whom the same shall be
Respectively due in this Prouince unlesse the same be other-
wise Satisfyed in Convenient, or that in short tyme he cause or
procure such person or persons soe Carryed & Conveyed
away to returne again into this Prouince whereby he may be
lyable to Iustice here and any person or persons whatsoever
that shall from henceforth Entice and Transport Carry or pri-
vately convey away out of this Prouince any apprentice hired
or other Servant or Slaue belonging to any Inhabitant in this
Prouince shall for every such offence forfeit & pay to the Im-
ployer or owner of such apprentice hired or other Servant or
Slaue treble damages & Costs to be Judged by the Iustices of
each Respectiue County Court or the lustices of the Prouinciall
Court for the tyme of such apprentice hired or other Servants
or Slaues unlawfully Transporting or Carrying away as afore-
said
And Whereas many and great grievances haue happened
& accrued unto many masters mistris or Dames within this
Prouince by the wickednesse and Infidelity of their Servants
Purloyning their masters mistrisses or Dames goods & then
by barterring Selling & Conveying away the same unto Sea-
men & others whereby masters & mistrisses of families are
& haue been uery much damnifyed & abused for prevencon
of the like misdemeanors for the future Bee itt further Enacted
by the Authority and by and with the aduice & Consent afore-
said That noe person whatsoever shall Trade barter Comerce
or any wayes deale with any Servant whether hired or In-
dented or Slaue belonging or appertayning to any Inhabitant
within this Prouince without leaue or Lycence first had & ob-
tayned from Such Servants master mistris or Dame or Over-
seer for his soe doeing vnder the penalty of two thousand
pounds of Tobacco the one halfe thereof to the Lord Proprie-
tary the other halfe to the master mistris or true owner of such
goods soe purloyned bartered & Conveyed away when proved
by sufficient wittnesses or Confession of the party to be Re-
covered in any of his Lordshipps Courts of Record by accon of
debt bill plaint or Informacon wherein noe Essoyne Wager or
Proteccon in Law to be allowed And in case such person or
persons Soe offending shall not be able to Satisfye the same.
Then such person or persons shall be bound over by some one
Iustice of the Peace & putt in Security either to appeare att
the Prouinciall or County Court where uppon Conviction by
Confession or Sufficient wittnes Such offender shall be punished
And for the Iust ascertaining & Limitting of Servants times
of servitude Bee itt Enacted by the Authority by & with the
aduice & Consent aforesaid That whosoever shall Transport
any Servant into this Prouince without Indenture Such Servant
being aboue the age of two & twenty yeares shall be obliged
to serve the full Space & Terme of fiue yeares if between
Eighteene & two & twenty without Indenture Six yeares if
between fifteene & Eighteene without Indenture Seven Yeares p. 106
if under fifteen & without Indenture shall serve till he or they
arrive to the full age of two & twenty yeares.
And Bee itt further Enacted by the Authority & by and with
the aduice & Consent aforesaid That all Servants transported
out of Virginia into this Prouince shall Compleat their time of
Servitude here which they ought to haue served in Virginia &
noe more.
And Bee itt further Enacted that every master mistriss or
dame assignee or Trustee of what kind soever owning or keepe-
ing any such Servant as aforesaid whether by vertue of trans-
portacon purchase or otherwise shall within Six moneths after
the Receiving such Servant into their Custody within this Pro-
uince Except he she or they clayme but five yeares service of
such Servant bring the said servant into the Respectiue County
Court where they doe Inhabitt And every of the said Courts
are hereby Authorized to Judge and determine of the ages of
such Servants soe brought and cause the same to be entered
uppon Record And every owner as aforesaid Neglecting or
Refuseing to bring such Servant or Servants before the Court
as aforesaid shall not only stand to the Determinacon of the
Court but alsoe forfeit the sume of one thousand pounds of
Tobacco to the Lord Proprietary for depriveing the Court of
such opportunity of viewing the partyes And if any master or
Servant aforesaid be grieved with the determinacon of the
Court he shall within the time determined for their service pro-
duce an Authentick Certificate of such servants age & shall
haue Remedy to the ages aforemenconed.
And Bee itt further Enacted by the Authority & by and with
the aduice and Consent aforesaid That noe Indenture made by
any seruant dureing the time of service due by former Inden-
ture or by determinacon of the Court according to the Tenor
of this Act shall any wayes oblige any Servant for longer tyme
then by his first Indenture or determinacon of the Court shall
be Limitted & appoynted Provided that this Act nor any thing
therein Contayned shall not give or be Construed to give any
Benefitt to any Slaue whatsoever, Prouided that neither this
Act nor any thing therein Contained Repeale or be
Construed to Repeale An Act made att a Generall Assem-
bly the thirteenth day of Aprill Anno 1674 Entituled an Act
Concerning Servants that haue bastards, And for Encourage-
ment of our Neighbouring Collonyes of Virginia Delaware
& the Northern parts of America for the takeing upp of
servants & others Runnawayes out of this Prouince into those
parts Bee itt further Enacted by the Authority aduice and
Consent aforesaid That the sume of four hundred pounds of
Tobacco shall from henceforth be allowed & payd to any per-
son in those Collonyes of Virginia DeLaware & the Northerne
parts of America that shall soe seize or take upp such servants
p. 107 or others Runnawayes, & carry or cause them to be Carryed
before Some Magistrate of any County of this Prouince uppon
whose Certificate of the delivery of such person Runnawayes
the said sufne of four hundred pounds of Tobacco to be Raysed
and Leavyed out of the Publick assessments & allowed & payd
to such person soe takeing upp & delivering to a magistrate
as aforesaid Such Runnawayes as aforesaid And the master mis-
tris Dame or owner of such Servant (if itt be a Servant that
is soe taken upp) to Reimburst the Publick againe the said
sume of four hundred pounds of Tobacco uppon the delivery
of his or her Servant And the said servant to Reinburst the
master mistris Dame or owner by Servitude or otherwise to
the full Satisfaccon & Content of the said master mistris dame
or owner Butt if the Runnaway soe taken upp & delivered to
the magistrate as aforesaid bee a freeman Then such Runna-
way to be Imprisoned till such tyme as he hath made Satisfac-
con by Reinbursting the Publique the said summe of four
hundred pounds of Tobacco or shall give good Security for
the same or shall make Satisfaccon by Servitude or otherwise
Provided that any servant that Runns away out of Somersett
County into Accomack such person that takes him upp shall
haue but two hundred pounds of Tobacco & noe more This
Act to Endure for three yeares or to the end of next Generall
Assembly which shall first happen.
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Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000002/html/am2--523.html
http://slavery.msa.maryland.gov/html/research/histlaw.html
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Record #25

Date Feb 12, 1833
Jurisdiction MD
Title An act to explain an act of Assembly, passed at December session, eighteen hundred and thirty- on…

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Date Feb 12, 1833
Law/Legislation Law
Jurisdiction MD
Title An act to explain an act of Assembly, passed at December
session, eighteen hundred and thirty- one, chapter three
hundred and twenty-three, entitled," An act relating to
free negroes and slaves.
Description/Full Text Original act not to
extend to cases of
slaves hired, &c
Be it enacted by the General Assembly of Maryland,
That nothing contained in the act of Assembly, passed at
December session, eighteen hundred and thirty-one, chapter
three hundred and twenty-three, entitled, "An act relating
to free negroes and slaves," shall be taken or construed in
any manner to apply to, or to prohibit any person or persons
from importing, removing, or again bringing into this state
any negro, mulatto, or other slave, which shall have been,
or may hereafter be taken from this State, and hired to ser-
vice, in any adjoining State, district or territory, for a
limited time; Provided, no such negro, mulatto, or other Provisio.
slave, shall, under any pretext whatever, be introduced, or
brought into this state by any person other than an actual
inhabitant of this state, who shall also be the owner and
proprietor of such slave, both at the time of the hiring or
letting to service aforesaid, and at the time of bringing
back or returning said slave into this state, or in case of
the death of the original owner, by his heirs, executors, ad-
ministrators, or legatees
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000547/html/am547--42.html
Slavery and Freedom on the Middle Ground, Barbara Jeanne Fields
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Record #26

Date Mar 20, 1840
Jurisdiction MD
Title An act to provide for the better regulation of the Free Negro and Mulatto Children within this st…

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Date Mar 20, 1840
Law/Legislation Law
Jurisdiction MD
Title An act to provide for the better regulation of the Free Negro and Mulatto Children within this state.
Description/Full Text Orphans courts
to summon, &c.
SECTION 1. Be if. enacted by the General Assembly of
Maryland, That, from and after the passage of this act,
the orphans' court of any county in this State, upon in-
formation being given to either of said courts, shall sum-
mon before them the child or children of any free negro
To bind as ap-
prentices.
or negroes or mulattoes in said county; and if it shall ap-
pear, upon examination before such court, that it would be
better for the habits and comfort of such child or children,
that it should be bound as an apprentice to some white per-
son to learn to labor, then such court shall bind, as appren-
tices, such child or children to some white person, males till
they are twenty-one years of age, and females till they are
Judges to wit-
ness indenture.
Name and age
to be stated, &c.
sixteen years of age; and the indenture of apprenticeship
shall be witnessed by the judges of such court, or some
two thereof; and shall state the name and age of the child
bound, and the name of the master, and shall be recorded in
the clerk's office of said county, at the expense of the mas-
ter, within three calender months after the making of the
Want of form
not to invali-
date, &c.
same; and any indenture under this act shall not be inva-
lid for want of form, if it contains the name and age of
the apprentice, the name of the master, and is witnessed
by the court binding the same, or any two judges thereof.
Authority to
transfer ap-
prentice.
SEC. 2. And be it enacted, That the master or the ex-
ecutor, administrator or assignee of such master may,
with the assent of the orphans' court, to be entered on
the minutes of said court, assign and transfer to any other
person residing in the said county, any apprentice bound
under this act.
Penalty for en-
ticing appren-
tice to runaway.
SEC. 3. And be it enacted, That if any negro or other
person shall entice or persuade any apprentice bound un-
der this act, to run away or abscond from the service of
the master or person entitled to his or her service under
this act, such negro or other person so offending, shall,
upon conviction in the county court, be subject to fine
and imprisonment as for a misdemeanor, or at the discre-
tion of the said court, be confined in the penitentiary
house of this State for not more than four years, nor less
than twelve months.
In case appren-
tice abscond.
SEC. 4. And be it enacted, That if any apprentice, un-
der this act, abscond or run away, the county court To sell.
of said county shall have full power to adjudge and order
such apprentice to serve such further time, after the expi-
ration of the period for which such apprentice may be
bound, as will compensate the master or person entitled
to the service, for all loss occasioned by such running
away, including expenses of recaption; and said county
court shall have full power to authorize the master of such
absconding apprentice to sell him or her, and for the
whole period he or she may have to serve, to any person
within this State; provided, the said county court shall be Proviso.
satisfied that such apprentice was not induced to run away
by the ill treatment, or fraud, or contrivance of the master.
SEC. 5. And be it enacted, That any constable, or the To serve pro-cess.
sheriff of said county, shall serve any process issued by
child or children of any free negro or mulatto before such
court; and in the service of such process, shall arrest and
carry such child or children before such court on the day
named in such process; and the officer serving such pro- Compensation.
cess shall receive two dollars, and the court binding such
apprentice, shall receive one dollar; and the said sums
shall be paid by the person to whom the child may be
bound as an apprentice.
SEC. 6. And be it enacted, That, upon the death of the Property to passto widow, &c.
master or his assignee, the property and interest of said
master or assignee shall pass to the widow, if there be a
widow of such deceased master or assignee, if no widow,
then to the executor or administrator of said master or his
assignee; provided, that no child be bound under this act, Provisoes.
if the parent or parents have the means and are willing to
support such child and keep the same employed, so as to
teach habits of industry; and provided, that in binding
out as aforesaid, those persons shall be preferred as mas-
ters who may be selected by the parents, if there be any,
and if not, by the children, if the person selected by them
be approved by the court.
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000600/html/am600--33.html
Slavery and Freedom on the Middle Ground, Barbara Jeanne Fields
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Record #27

Date Mar 18, 1840
Jurisdiction MD
Title An additional supplement to the act of eighteen hundred and thirty-one, chapter three hundred and…

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Date Mar 18, 1840
Law/Legislation Law
Jurisdiction MD
Title An additional supplement to the act of eighteen hundred and thirty-one, chapter three hundred and twenty-three, entitled an act relating to Free Negroes and Slaves
Description/Full Text
Additional Information
Source https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000600/html/am600--36.html
Slavery and Freedom on the Middle Ground, Barbara Jeanne Fields
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Record #28

Date 1856
Jurisdiction VA
Title Chapter 50

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Date 1856
Law/Legislation Law
Jurisdiction VA
Title Chapter 50
Description/Full Text It shall not be lawful for citizens of Virginia to hire a slave or permit a slave to reside in the District of Columbia unless in the service of his owner, and thereafter to permit such slave to return to this state under a penalty of $50.00, one-half of which is to be paid to the informer.
Additional Information
Source Black Laws of Virginia, By: June Purcell Guild
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Record #29

Date 1856
Jurisdiction VA
Title Chapter 49

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Date 1856
Law/Legislation Law
Jurisdiction VA
Title Chapter 49
Description/Full Text This act amends previous legislation by increasing the reward for the arrest of runaway slaves. In the case of slaves arrested in a non-slaveholding state and delivered to the owner or a jailer in this Commonwealth, a reward of 25 per cent of the value of the fugitive shall be paid. If the arrest be in a non-slaveholding state and the person is entitled to &100,00 or more from the owner, it shall be the duty of the auditor of public accounts to issue this warrant on the treasury for $50.00. Rewards and mileage are also allowed for arrests of runaways in this state.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #30

Date 1856
Jurisdiction VA
Title Chapter 48

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Date 1856
Law/Legislation Law
Jurisdiction VA
Title Chapter 48
Description/Full Text Any free person who shall cause to be carried away, or be concerned in the escape of any slave, shall be confied in the penitentiary five to ten years; and, moreover, in lieu of damages forfeit to the owner double the value of the slave, pay reasonable expenses incurred in the attempt to regain the slave, and in the discretion of the jury to be publicly whipped to such an extent and at such times as it may deem fit. No whipping shall exceed thirty-nine lashes for anybody in any one day. If the offender be in command or attached to a vessel, it shall be forfeited to the state. The section includes any masters of a vessel, and any free person traveling by land.
Any master of a vessel who knowingly receives on board a runaway slave shall be confined in the penitentiary five to ten years, and forfeit the full value of the slave, be whipped, etc. If the slave is found on board after leaving port, or in the night time the person in charge shall be presumed to have knowingly received him, and if any free white person advise any slave to abscond, or furnish him money, clothes, provisions, or other facility, he shall be confined five to ten years in the penitentiary, and be whipped as the jury sees fit. A slave so persuading or conniving shall be punished with stripes and sold out of the state. Any free white person who gives information leading to the conviction of a free white person engaged in carrying off a slaves or in any manner concerned in helping an escape, shall be entitiled to a reward of $500.00, to be paid by the state.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #31

Date 1860
Jurisdiction VA
Title Chapter 42

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Date 1860
Law/Legislation Law
Jurisdiction VA
Title Chapter 42
Description/Full Text More effectivley to prevent the escape of slaves, the penalty for carrying away a slave is increased to twenty years in the penitentiary.
Additional Information
Source Black Laws of Virginia, By: June Purcell Guild
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Record #32

Date 1860
Jurisdiction VA
Title Chapter 2

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Date 1860
Law/Legislation Law
Jurisdiction VA
Title Chapter 2
Description/Full Text No person shall without license buy for sale or sell for others on commission slaves, horses, mules, cattle, sheep or hogs.
Additional Information
Source Black Laws of Virginia, By: June Purcell Guild
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Record #33

Date 1858
Jurisdiction VA
Title Chapter 31

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Date 1858
Law/Legislation Law
Jurisdiction VA
Title Chapter 31
Description/Full Text It is enacted that a tenant for life of slaves who removes them out of the state, or sells a greater interest in such slaves than a life estate, is guilty of a felony.
Additional Information
Source Black Laws of Virginia, By: June Purcell Guild
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Record #34

Date 1856
Jurisdiction VA
Title Chapter 47

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Date 1856
Law/Legislation Law
Jurisdiction VA
Title Chapter 47
Description/Full Text An act intended to provide additional protection for the slave propertry of citizens of the Commonwealth is passed whereby all vessels owned in whole or in part by any citizen or resident of another state, and about to sail or steam to any port north of and beyond the capes of Virginia (except those bound direct to any foreign counties), shall be inspected. The vessel shall be attatched and all persons on board arrested if any slave or person held to service is found on board. Persons apprehending slaves escaping on a vessel trading to or belonging to a non-slaveholding state shall be entitled to a reward of $100.00.
Additional Information
Source Black Laws of Virginia, By: June Purcell Guild
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Record #35

Date 1851
Jurisdiction VA
Title Chapter 51

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Date 1851
Law/Legislation Law
Jurisdiction VA
Title Chapter 51
Description/Full Text This act to facilitate the recovery of fugitive slaves requires courts to convene and enter on the records proof of an escape, and a general description of the slave pursuant to the act of congress of September 18,1850, concerning persons escaping.
Additional Information
Source Black Laws of Virginia, By: June Purcell Guild
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Record #36

Date 1850
Jurisdiction VA
Title Chapter 50

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Date 1850
Law/Legislation Law
Jurisdiction VA
Title Chapter 50
Description/Full Text A slave of Mary B. Nelson, condemned to death, was assessed at $425.00 by the court; the governor has commuted the punishment of death to sale and transportation, and it is shown that the court erred in fixing a price for the slave far below his market value. It is therefore enacted that the governor cause to be paid to Mary B. Nelson, the owner of the slave, such sum of money as he may receive upon the sale.
Additional Information
Source Black Laws of Virginia, By: June Purcell Guild
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Record #37

Date 1848
Jurisdiction VA
Title Crimal Code. Chapter 120. Section 31.

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Date 1848
Law/Legislation Law
Jurisdiction VA
Title Crimal Code. Chapter 120. Section 31.
Description/Full Text The unlawful importation of a slave born without the United States shall be punishable by a fine of $1,000.00
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #38

Date 1846
Jurisdiction VA
Title Chapter 15

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Date 1846
Law/Legislation Law
Jurisdiction VA
Title Chapter 15
Description/Full Text The directors of the Eastern Lunatic Asylum are hereby empowered to receive insane slaves as patients on the application of their owners, if accompanied by security for charges, and provided no slave shall be retained in the asylum to the exclusion of any insane white resident of the state.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #39

Date 1845
Jurisdiction VA
Title Chapter 73

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Date 1845
Law/Legislation Law
Jurisdiction VA
Title Chapter 73
Description/Full Text By this act jailors are required to report to court Negroes committed for want of freedom papers; the court shall not permit such Negroes to be hired out longer than two years. The hirer must give bond douvle the value of the Negro not to remove him from the Commonwealth.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #40

Date 1843
Jurisdiction VA
Title Chapter 159

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Date 1843
Law/Legislation Law
Jurisdiction VA
Title Chapter 159
Description/Full Text This act authorizes the removal of certain slaves held for life under a will, to Maryland, without incurring the penalty.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #41

Date 1840
Jurisdiction VA
Title Chapter 61

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Date 1840
Law/Legislation Law
Jurisdiction VA
Title Chapter 61
Description/Full Text A slave condemned to be hung or transported shall be valued by each justice at the cash price for which he would sell at public sale under a knowledge of his guilt. From such valuation the court shall ascertain the average value of the slave, and such average shall be paid to the owner by the Commonwealth.
It shall be lawful to commute the punishment of transportation and sale to imprisonment of five to ten years as if the person were free. Persons whose sentences have been commuted shall witin thirty days after the expiration of their terms depart from the state, or be dealt with as free persons migrating into the Commonwealth contrary to law.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #42

Date 1841
Jurisdiction VA
Title Chapter 73

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Date 1841
Law/Legislation Law
Jurisdiction VA
Title Chapter 73
Description/Full Text Any person apprehending a runaway slave above sixteen years of age more than twenty miles from his place of abode and within ten miles of dividing lines between Ohio, Pennsylvania, and Maryland shall be entitiled to recover $30.00 and ten cents for every mile he shall necessarily convey the runaway.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #43

Date 1839
Jurisdiction VA
Title Chapter 76

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Date 1839
Law/Legislation Law
Jurisdiction VA
Title Chapter 76
Description/Full Text It is declared a felony to permit slaves to cross ferries or bridges without their owners' consent in writing, punishment two to five years and liability also to private action.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #44

Date 1837
Jurisdiction VA
Title Chapter 117

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Date 1837
Law/Legislation Law
Jurisdiction VA
Title Chapter 117
Description/Full Text Railroads are forbidden to recieve any slave or slaves on cars, without first obtaining permission in writing from the owner under penalty of $100.00, one-half to the use of Literary Fund and one-half to the use of the party aggrieved, and shall be moreover liable to the party aggrieved, for damages.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #45

Date 1836
Jurisdiction VA
Title Chapter 90

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Date 1836
Law/Legislation Law
Jurisdiction VA
Title Chapter 90
Description/Full Text If any pilot aprehends and confines in jail any runaway slave found on board a departing vessel, he shall be entitled to a reward of $20.00, to be recovered from the owner. And, moreover, the master, skipper or owner of the vessel in which the slave may be found shall forfeit the sum of $500.00 in addition to the penalities now prescribed by law.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #46

Date 1836
Jurisdiction VA
Title Chapter 73

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Date 1836
Law/Legislation Law
Jurisdiction VA
Title Chapter 73
Description/Full Text The head man of each boat navigating rivers and branches shall keep a list of the crew, and if any slave not belonging to the boat, nor in the list of the crew, be found on board without the leave of his master, he shall be deemed a runaway. The head man of the boat, if white, shall be liable to a penalty of $20.00, to be paid the owner of the runaway; if the head man be a slave or free Negro, he shall be whipped not exceeding thirty-nine lashes on his bare back, but in the case of a free Negro he may discharge himself by paying as in the case of a white man. Free Negroes employed on boats shall carry their freedom papers and be committed to jail if found without them and dealt with as runaways.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #47

Date 1835
Jurisdiction VA
Title Chapter 149

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Date 1835
Law/Legislation Law
Jurisdiction VA
Title Chapter 149
Description/Full Text This act incorporates the Virginia Slave Insurance Company, with the power and authority to make insurance upon slaves absconding from their owners.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #48

Date 1835
Jurisdiction VA
Title Chapter 62

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Date 1835
Law/Legislation Law
Jurisdiction VA
Title Chapter 62
Description/Full Text If the owner of a runaway slave does not claim him within four months after the keeper of the jail has advertised, the runaway shall be sold.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #49

Date 1830
Jurisdiction VA
Title Chapter 176

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Date 1830
Law/Legislation Law
Jurisdiction VA
Title Chapter 176
Description/Full Text Certificates are to be obtained by slave owners who are about to remove slaves to Louisiana signed by two freeholders, stating that the slaves were raised by the present owners, or acquired in a named county and have not been convicted of any crimes.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #50

Date 1829
Jurisdiction VA
Title Chapter 21

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Date 1829
Law/Legislation Law
Jurisdiction VA
Title Chapter 21
Description/Full Text Persons assisting slaves to escape are guilty of a misdemeanor and shall be punished by confinement in jail three to twelve months, be fined at the discreton of the jury, and liable also to action by the party aggrieved. Jailors shall try to ascertain the owners of runaway slaves and notify them by mail.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #51

Date 1823
Jurisdiction VA
Title Chapter 34

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Date 1823
Law/Legislation Law
Jurisdiction VA
Title Chapter 34
Description/Full Text In an act concerning gaurdians, orphans, and infants it is stated that slaves acquired by an infant are to to decend as real estate in the event of the death of an infant under age.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #52

Date 1824
Jurisdiction VA
Title Chapter 35

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Date 1824
Law/Legislation Law
Jurisdiction VA
Title Chapter 35
Description/Full Text For enticing or advising any servant or slave away from home, or knowingly employing or harboring a runaway servant or slave, the penalty is $10.00 to $20.00, one-half to the informer and the other half to the Literary Fund, or ten to twenty lashes on the bare back if not paid. Search warrents are to be allowed to search for runaway slaves. Whenever the master or owner of any slave shall desire to confine him in jail, it shall be lawful for the jailer to receive him, provided the justice be of the opinion he may be confined without public inconvenience, and he shall not be confined in the same apartment with any free white person.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #53

Date 1824
Jurisdiction VA
Title Chapter 34

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Date 1824
Law/Legislation Law
Jurisdiction VA
Title Chapter 34
Description/Full Text Sam, a Negro man, slave of Robt. Ricks, condemned to death and his valuation paid his owner, escaped and has been retaken; it is here ordered he be sold and transported beyond the limits of the Commonwelath. It is further enacted that the owners of old slaves, or slaves of unsound mind who permit them to go at large without support, so that they are dependent on charity, trespass, or theft shall pay a fine of not exceeding $50.00 for every offense, and it moreover shall be the dutry of the overseers of the poor to provide for such slaves and charge the master.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #54

Date 1823
Jurisdiction VA
Title Chapter 35

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Date 1823
Law/Legislation Law
Jurisdiction VA
Title Chapter 35
Description/Full Text The reward for apprehending runaway slaves in Ohio, Pennsylvania, or Indiana, shall be $50.00 and 20 cents per mile for traveling to the residence of the owner or the jail at which the runaway is delivered. The reward shall be $120.00 for apprehending slaves in New York, New England, and the British Provinces. The rewards allowed shall operate as a lien on the slave. If the slave is take up not more than twenty miles distant from his plantation, the reward shall be $25.00 and mileage.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #55

Date 1823
Jurisdiction VA
Title Chapter 30

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Date 1823
Law/Legislation Law
Jurisdiction VA
Title Chapter 30
Description/Full Text Whenever a runaway slave is confined in jail and is not provieded with adequate clothing, it shall be the duty of the jailor to furnish him with proper Negro clothing or other necessaries.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #56

Date 1822
Jurisdiction VA
Title Chapter 22

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Date 1822
Law/Legislation Law
Jurisdiction VA
Title Chapter 22
Description/Full Text Runaway slaves confined in jail hereafter are not to be sold by the sheriff, except on court order.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #57

Date 1819
Jurisdiction VA
Title Chapter CLXXVIII

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Date 1819
Law/Legislation Law
Jurisdiction VA
Title Chapter CLXXVIII
Description/Full Text James Caldwell is authorized to hold four slaves from Maryland because at the time of removal he was entirley ignorant of the laws on the importation of slaves.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #58

Date 1819
Jurisdiction VA
Title Chapter XXVI

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Date 1819
Law/Legislation Law
Jurisdiction VA
Title Chapter XXVI
Description/Full Text This is an act concerning slaves and free Negroes and states that no persons shall be slaves within the Commonwealth, except such as were so on October 17, 1785, and the descendants of the females, and such slaves as since have been, or may be brought in pursuant to law. It shall be lawful to bring into this state and hold therein any slave born within the United States, except such as at the time of their removal were resident out of the United States and such as shall have been convicted of any offense and transported therefore, under the laws of this state, or any other state. A penalty for the use of the Literary Fund, for bringing in slaves not permitted by law is set at $1,000.00 for each slave, with an exception for those passing through the state, or abiding in the state for a short time, if the slaves are not kept here for a whole year. Penalties heretofore incurred are remitted.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #59

Date 1817
Jurisdiction VA
Title Chapter XXXVI

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Date 1817
Law/Legislation Law
Jurisdiction VA
Title Chapter XXXVI
Description/Full Text Because of serious inconvenience experienced by Virginians from the frequent elopement of slaves to states north of the Potomac it is enacted that hereafter $20.00 reward, and mileage, be allowed any person who may apprehend any runaway slave attempting to cross the Potomac if the plantation on which the slave is employed be not less than ten miles from the river. If the slave is apprehended in Maryland or Kentucky, the reward shall be $25.00; in Delaware, New Jersey, Pennsylvania, New York, or Ohio, $50.00, plus twenty-five cents a mile.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #60

Date 1817
Jurisdiction VA
Title Chapter XXI

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Date 1817
Law/Legislation Law
Jurisdiction VA
Title Chapter XXI
Description/Full Text Any person removing into the Commonwealth with the intention of becoming a citizen and inhabiant and being the owner of any slaves born within the United States may bring such slaves in, in the same manner as if at the time of such removel he had been the owner thereof for two years (subject to other provisions of the act of 1813). A provision is here added in favor persons who have removed to this Commonwealth since January, 1813, freeing them of penalties as if they had been the owners of slaves for two years. Persons owning lands in Virginia, and in any adjourning state or the District of Columbia, may lawfully work their slaves in any one or all such farms, but such slaves are not to be sold in this Commonwealth. Persons living in this Commonwealth may hire their slaves out to other states or hire slaves from other states for one or two years, but the children of female slaves cannot remain beyond the continuance of the hiring. Slaves acquired by gift may be brought in on the same conditions as if acquired by marriage, decent, or devise.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #61

Date 1817
Jurisdiction VA
Title Chapter XV

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Date 1817
Law/Legislation Law
Jurisdiction VA
Title Chapter XV
Description/Full Text If any free person advise or conspire with any other free person or Negro to induce or excite any slave to rebel or make insurrection every such free person shall be held a felon and suffer death by hanging.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #62

Date 1813
Jurisdiction VA
Title Chapter XVIII

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Date 1813
Law/Legislation Law
Jurisdiction VA
Title Chapter XVIII
Description/Full Text A citizen of the Commonwealth owner of any slave out of the Commonwealth born in the United States, and any person removing here with the intention to become a bona fide inhabitant and owner of any slave for two years, or having acquired title by marriage, decent, or devise, are authorized to bring into the state any such slaves, provided that within sixty days they file certain written statements. Penalties are remitted on citizens who have brought slaves in contrary to law, provided that they file the statments required. Slaves brought in under this act are not to be sold for two years.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #63

Date 1812
Jurisdiction VA
Title Chapter XXVI

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Date 1812
Law/Legislation Law
Jurisdiction VA
Title Chapter XXVI
Description/Full Text Persons residing in this state or removing here, owners of slaves born in United States, are permitted to bring them in, provided in thirty days a statement in writing giving a description of the slaves and a true account of the slaves brought is filed, and the slaves were not brought in for the purpose of sale or with intent to evade the law preventing importantion of slaves, and provided also if female slaves, ten to thirty years of age, are exported within threee months, a report shall be made to the court. It is further enacted that personsn who have brought the slaves in contrary to the law of 1806 concerning slaves shall be permitted to retain such slaves.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #64

Date 1811
Jurisdiction VA
Title Chapter XIV

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Date 1811
Law/Legislation Law
Jurisdiction VA
Title Chapter XIV
Description/Full Text Inconveniences arising in the law on slaves, it is amended and herewith provided that persons, citizens of this Commonwealth and residiing therein, who now are or may hereafter be entitled by marriage, decent, or devise, to any slave in any other of the United States, shall be at liberty to bring them into this state, providede a certificate within sixty days is filed from the court of the place from which the slaves come showing how the slaves were required and a description of their persons and names.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #65

Date 1808
Jurisdiction VA
Title Chapter 15

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Date 1808
Law/Legislation Law
Jurisdiction VA
Title Chapter 15
Description/Full Text Any person who may hereafter apprehend a runaway slave shall be entitled to a reward of $2.00, and mileage as heretofore. If the owner does not claim a runaway within twelve months, the sheriff shall advertise for one month in any public newspaper the time and place of selling the runaway.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #66

Date 1807
Jurisdiction VA
Title Chapter 12

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Date 1807
Law/Legislation Law
Jurisdiction VA
Title Chapter 12
Description/Full Text Persons leaving the state with the intention of returning may bring back their slaves. Persons, inhabitants of this state on January 25, 1806, shall have also the right to bring into this state within six months any slaves, and their increase since that day, whereof they were and are the real owner. Inhabitants of other states may employ their slaves in bringing produce into this state.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #67

Date 1806
Jurisdiction VA
Title Chapter 63

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Date 1806
Law/Legislation Law
Jurisdiction VA
Title Chapter 63
Description/Full Text Slaves brought into this state and kept one year shall be forfeited by the owner, and the right to the slaves shall rest in the overseers of the poor, who shall apprehend such slaves for the benefit of the poor. If any slave hereafter emancipated shall remain within this Commonwealth more than twelve months after his freedom, he shall forefeit such right and may be sold by the overseers for the benefit of the poor.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #68

Date 1805
Jurisdiction VA
Title Chapter 12

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Date 1805
Law/Legislation Law
Jurisdiction VA
Title Chapter 12
Description/Full Text It is declared that it is not unlawful for masters to permit slaves to accompany them, or any part of the family to religious worship if it is conducted by a white minister.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #69

Date 1805
Jurisdiction VA
Title Chapter 11

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Date 1805
Law/Legislation Law
Jurisdiction VA
Title Chapter 11
Description/Full Text Carrying away any slave is a misdemeanor, punishabke by a fine of from $100.00 to $500.00 and imprisonment in the jail or penitentiary from two to four years, and payment to the owner of the slave of doublethe value of the slave. Masters of vessels who permit slaves to come on board. or who buy any commodity from a slave without consent of the owner, shall forfeit $200.00 in addition to the penalties now imposed.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #70

Date 1805
Jurisdiction VA
Title Chapter

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Date 1805
Law/Legislation Law
Jurisdiction VA
Title Chapter
Description/Full Text By resolution of the General Assembly of Virginia, on January 31, votes not to endorse the amendment to the United States Constituion proposed by the state of North Carolina which would forbid the further importation of slaves. The reason assigned by Virginia is that such an amendment would violate the United States constitution that no such amendment be adopted pror to 1808
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #71

Date 1804
Jurisdiction VA
Title Chapter 119

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Date 1804
Law/Legislation Law
Jurisdiction VA
Title Chapter 119
Description/Full Text Any meeting of slaves at any meeting house or any other place in the night shall be considered an unlawful assembly, and any justice may issue his warrant to enter the place where the assembly may be for apprehending or dispersing the slaves, and to inflict corporal punishment on the offenders at the discretion of the justice, not exceeding twenty lashes.
Any person may be summoned to aid in the execution of this act and may be fined not exceeding $10.00 for refusing to serve; counties west of the Blue Ridge are excepted from this act.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #72

Date 1804
Jurisdiction VA
Title Chapter 97

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Date 1804
Law/Legislation Law
Jurisdiction VA
Title Chapter 97
Description/Full Text It is lawful for any citizen of the Commonwealth or of the County of Alexandria in the District of Columbia, who has carried or may carry slaves into the county in the district aforesaid, owning lands within this state, to remove the slaves back to Virginia, without penalty, and the slaves shall not be entitled to freedom on that account.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #73

Date 1804
Jurisdiction VA
Title Chapter 89

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Date 1804
Law/Legislation Law
Jurisdiction VA
Title Chapter 89
Description/Full Text When slaves are held by widows or others for life they shall be registered, with the ages, sexes, and increase of such slaves.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #74

Date 1802
Jurisdiction VA
Title Chapter 21

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Date 1802
Law/Legislation Law
Jurisdiction VA
Title Chapter 21
Description/Full Text An additional penalty is place on any person who buys from or sells to a free Negro or slave any commodity whatever on the Sabbath day, without leave in writting from the master. (Master?)
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #75

Date 1801
Jurisdiction VA
Title Chapter 70

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Date 1801
Law/Legislation Law
Jurisdiction VA
Title Chapter 70
Description/Full Text If any person permits his slave, or any slave hired by him to go at large or hire himself out, the slave may be sold. (This law was several times amended). It is enacted that if any slave shall be brought or come into this state from any place without the limits of the state, it shall be the duty of any magistrate where such slave is found to commit the slave to jail, and the magistrate shall notify the governor and the slave shall be transported out of the Commonwealth and the expenses incurred shall be paid by the person importing or holding the slave, but the slave may be sold within the Commonwealth if the person holding him is unable to reimburse the Commonwealth.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #76

Date 1801
Jurisdiction VA
Title Chapter 43

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Date 1801
Law/Legislation Law
Jurisdiction VA
Title Chapter 43
Description/Full Text Slaves under sentence of death for conspiracy, insurrection or other crime may be purchased by the governor and transported. The owners of all slaves sold or transported shall be paid in the same manner as for slaves executed.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #77

Date 1798
Jurisdiction VA
Title Chapter 4

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Date 1798
Law/Legislation Law
Jurisdiction VA
Title Chapter 4
Description/Full Text Free persons conspiring with slaves to rebel shall suffer death. Free persons harboring or entertaining any slave without the master's consent shall pay ten dollars, free Negroes not able to pay shall receive not to exceed thirty-nine lashes. It is further enacted that in cases wherein the property of a person held as a slave demanding freedom shall come for trial, no person shall serve as a juror who shall belong to a society for the emancipation of Negroes. It is made a felony for a free Negro to give his certificate of freedom to a slave. The skipper of a vessel must not carry a slave out of the state until he has take him before a magistrate, and made out a description of the slave and shall have produced the slave's certificate of freedom.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #78

Date 1796
Jurisdiction VA
Title Chapter II

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Date 1796
Law/Legislation Law
Jurisdiction VA
Title Chapter II
Description/Full Text If slaves are carried from this state by their owners, they may be brought back to Virginia, and they are not entitled to their freedom, unless they are entitled to their freedom under the laws of that other state.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #79

Date 1795
Jurisdiction VA
Title Chapter II

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Date 1795
Law/Legislation Law
Jurisdiction VA
Title Chapter II
Description/Full Text Whereas great and alarming mischief has arisen in other states of this Union, and is likely to arise in this by voluntary association of individuals, who under cover of effecting that justice towards persons unwarrantably held in slavery, which the sivereugbty and duty of society alone ought to afford; have in many instances been the means of depriving masters of their property in slaves: To the end that an easy mode may be pointed out by law for the recovery of freedom when it is illegally denied, it is enacted that a person conceiving himself to be detained as a slave illegally my make complaint in court; the petitioner shall be assigned counsel who without fee shall prosecute the suit.
If any person aid or abet any person in such a claim for freedom and the claim is not established, he shall forfeit one hundred dollars to the owner of the slave.
A widow who renounces all benefit under her husband's will shall be entitled to on-third part of her husband's slaves, notwithstanding they may be emancipated by his will; provided, nevertheless, that her part shall be taken out of slaves which are not emancipated if there be enough to make one third.
A person forgin or counterfeiting a paper giving a slave freedom shall pay two hundred dollars and suffer one year's imprisonment without bail.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #80

Date 1794
Jurisdiction VA
Title Chapter 19

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Date 1794
Law/Legislation Law
Jurisdiction VA
Title Chapter 19
Description/Full Text Whereas doubts may arise whether slaves being personal estate are perishable and liable through age or sickness to be rendered less valuable by keeping, executors and administrators are bound to sell the same whether it be necessary for the payment of debts or not. For declaring the law, it is further enacted that slaves shall not be sold unless the other part of the personal estate shall not be sufficient for paying the debts and expenses.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #81

Date 1793
Jurisdiction VA
Title Chapter 3

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Date 1793
Law/Legislation Law
Jurisdiction VA
Title Chapter 3
Description/Full Text Slaves shall not be seized in execution unless the debt amounts to $33.00 or 2,000 pounds of tobacco if there is sufficient other goods upon which the levy may be made.
Slaves horses and livestock taken in execution shall be supported until sold.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #82

Date 1792
Jurisdiction VA
Title Chapter 72

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Date 1792
Law/Legislation Law
Jurisdiction VA
Title Chapter 72
Description/Full Text If any person on a Sabbath day is found laboring, or shall employ his apprentices, servants, or slaves in labor or other buisness, except in household offices of daily necessity, or other work of necessity or charity, he shall forfeit the sum of $1.67 for every such offens; the punishment for profane swearing, cursing and drunkenness is set in this act at 83 cents for every such offense, and for the adultery and fornication of every person not a servant or slave $20.00 and $10.00, respectively
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Record #83

Date 1792
Jurisdiction VA
Title Chapter 67

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Date 1792
Law/Legislation Law
Jurisdiction VA
Title Chapter 67
Description/Full Text All white persons not being citizens of any of the confederated states of America, who shall come in under contract to serve another, shall be compellable to perform such contract during the term thereof or during so much of the same as shall not exceed seven years. Infants under fourteen shall serve to twenty-one years or for such shorter term as their contract fixes.
It is the master's duty to provide serants with food, clothing, etc.
Lazy, disorderly servants shall be corrected with stripes on order from a justice. The servant shall be compelled to serve two days for every one he refuses to serve.
Courts may discharge servants from service if masters injure them grossly. Contracts between master and servant during the time of service shall be void. Court shall receive complaints of servants who allege immoderate correction, insufficient food, etc., and complaints of masters against their servants.
A servant who is lazy disorderly, or guilty of misbehavior to his master shall be correted by stripes.
No negro, mulatto, or Indian shall purchase any servant other than of their own complexion, and if any of the aforesaid persons do purchase a white servant such servant shall immediately become free. Servants when free shall have certificates thereof.
No person shall buy of or sell to any servant any commodity without the leave or consent of the master or owner of such servant under penalty of forfeithing four times the value of the thing bought or sold, and also forfeit $20.00 or receive on his or her bare back thirty-nine lashes, well laid on at the public whipping post.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #84

Date 1792
Jurisdiction VA
Title Chapter 41

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Date 1792
Law/Legislation Law
Jurisdiction VA
Title Chapter 41
Description/Full Text This is an act to reduce into one the serveral acts concerning slaves, free Negroes, and mulattoes, and it says that slaves shall be those who were such on October 17, 1785, and the decendants of the femals of them. Slaves brought in and kept one year shall be free, with an exception for owners who take the oath formerly required.
Slaves coming on to a plantation without their owner's leave may be given ten lashes on their bare backs by the owner or overseer of such plantation.
Negroes and mulattoes shall not carry guns, except free Negroes may be permitted to keep on gune, and Negroes, bond or free, living on the frontier may be licensed to keep them.
Whereas slaves run away and hide out and kill hogs, it is enacted that upon intelligence of two or more lying out, they may be committed to jail or trial.
Conspiracy to rebel, or make insurrection, is deemed a felony, with death the punishment without beneift of clergy.
Slaves may be emancipated by an instrument in writing, attested and prooved by two witnesses; provided they shall be liable to be taken on execution to satisfy any debt contracted previously by the person so emancipating. Slaves not being of sound mind and body, or between eighteen years of age, if female, and twenty-one years of age, if male, and fourty-five years shall be supported by the person liberating them. The property of the former master may be distrained and sold for this purpose. All Negroes and mulattoes are adjudged personal estate. Widows are not to remove slaves from the state or forfeit them and the rest of their dower.
If the donor remains in possession of a slave, a gift of a slave is not valid.
Slaves are not to prepare or administer medicine with provisoes.
Slaves are not to trade as free men under penalty of $30.00 for each offense.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #85

Date 1790
Jurisdiction VA
Title Chapter XIII

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Date 1790
Law/Legislation Law
Jurisdiction VA
Title Chapter XIII
Description/Full Text When an equal division of the slaves of an interstate cannot be made, they may be sold and the money distributed.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #86

Date 1789
Jurisdiction VA
Title Chapter XLV

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Date 1789
Law/Legislation Law
Jurisdiction VA
Title Chapter XLV
Description/Full Text Persons migrating into Virginia with their slaves, who have not taken the oath, may take it on or before June 1, 1790.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #87

Date 1788
Jurisdiction VA
Title Chapter LIV

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Date 1788
Law/Legislation Law
Jurisdiction VA
Title Chapter LIV
Description/Full Text Many persons have removed into Kentucky and have failed to take their oaths as required on importing slaves, it is now providede that they may take their oaths on or before May 1, 1789
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #88

Date 1788
Jurisdiction VA
Title Chapter XII

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Date 1788
Law/Legislation Law
Jurisdiction VA
Title Chapter XII
Description/Full Text A practice has prevailed for some time past of importing felons convict into this state under various pretenses, which felons convict have been sold among the people, whereby much injury has been done to the morals as well as the health of the citizens; therefore, it is enacted that after January 1 next no such shall be imported under penalty.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #89

Date 1787
Jurisdiction VA
Title Chapter XXII

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Date 1787
Law/Legislation Law
Jurisdiction VA
Title Chapter XXII
Description/Full Text This act, in reference to fraudulent gifts of slaves, states that the former act was not to refer to slaves, except those which remain in the possession of donors after being given away.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #90

Date 1785
Jurisdiction VA
Title Chapter LXXXIV

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Date 1785
Law/Legislation Law
Jurisdiction VA
Title Chapter LXXXIV
Description/Full Text Runaway servants and slaves may be apprehended by any person, who shall be rewarded by the owner. If the owner is not found, the runaway shall be placed in jail, and may be hired out with an iron collar on his neck. A runaway being a slave, after one year from the last advertisment in the Virginia Gazette, shall be sold.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #91

Date 1785
Jurisdiction VA
Title Chapter LXXXIII

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Date 1785
Law/Legislation Law
Jurisdiction VA
Title Chapter LXXXIII
Description/Full Text An act concerning servants states all white persons not being citizens of any of the confederated states of America, who shall come into this Commonwealth under contract to serve another, shall be compelled to perform such contract as shall not exceed seven years. Infants under fourteen years shall serve until twenty-one or for such shorter term as is fixed. Servants shall be provided by their master with food, clothes, lodging; lazy, disorderly servants may, on order of a justice, be corrected by stripes, and serve two days for every day they refuse to serve. If the master fail in his duties to his servants, they may be discharged from service if the injury is gross. All contracts between master and servants are void.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #92

Date 1785
Jurisdiction VA
Title Chapter LXXVII

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Date 1785
Law/Legislation Law
Jurisdiction VA
Title Chapter LXXVII
Description/Full Text No person shall henceforth be a slave in Virginia, except such as were so on the first day of this Assembly and the descendants of the females of them. Slaves Hereafter brought in and kept one year shall be free.
A slave shall not go from where he lives without a license or letter showing he has authority from his master.
Slaves shall not keep arms; riot and unlawful assemblies by slaves shall be punished by stripes.
It is provided that persons who wish to move into this Commonwealth may take oath that their removal was not with intent to evade laws preventing the importation of slaves, that the slaves are not to be sold, nor have they been bought since Novembver 1, 1778.
A penalty is provided for dealing with slaves without the consent of the owner.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #93

Date 1785
Jurisdiction VA
Title Chapter LXI

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Date 1785
Law/Legislation Law
Jurisdiction VA
Title Chapter LXI
Description/Full Text An act concerning wills and intestates declares that a widow who removes a slave from the Commonwealth shall forfeit all the slaves she holds, and all other dower. If the husband of a widow removes a slave, the owner in reversion may claim the estate.
If a person die after the first day of March, his servants and slaves shall be continued on the plantation until the last day of December following, and then delivered to those who have a right to them.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #94

Date 1782
Jurisdiction VA
Title Chapter XLV

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Date 1782
Law/Legislation Law
Jurisdiction VA
Title Chapter XLV
Description/Full Text Slaves may be tendered on judgments exceeding twenty pounds and the act is continued in 1783 because of the scarcity of specie and inability of debtors to pay except in produce.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #95

Date 1782
Jurisdiction VA
Title Chapter XXXII

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Date 1782
Law/Legislation Law
Jurisdiction VA
Title Chapter XXXII
Description/Full Text Because great inconvenience has arisen from persons permitting their slaves to go at large and hire themselves out, under promise of paying their owners money in lieu of service, it is enacted that if slaves are permitted to go at large, they may be sold and disposed of by the sheriff. Twenty-five per cent of the amount of the sale shall go toward lessening the county levy, five per cent to the gaoler and the rest to the owner of the slave.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #96

Date 1782
Jurisdiction VA
Title Chapter XXI

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Date 1782
Law/Legislation Law
Jurisdiction VA
Title Chapter XXI
Description/Full Text It is lawful for any person by last will and testament or other instrument in writing sealed and witnessed to emancipate and set free his salve or slaves.
All slaves so set free, not being of sound mind and body, or being above forty-five years of age, or male under twenty-one, and females under eighteen shall be supported by the persons liberating them. Provided, also, that a copy of the instrument of emancipation shall be delivered to the slave emancipated. Slaves travelling outside of the county without such an instrument may be confined to jail.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #97

Date 1780
Jurisdiction VA
Title Chapter XXXIII

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Date 1780
Law/Legislation Law
Jurisdiction VA
Title Chapter XXXIII
Description/Full Text Citizens of South Carolina and Georgia, who are compelled by the common enemy to fly the country and seek shelter in this Commonweallth, may in spite of the former law bring their slaves into this state and may continue the slaves here until one year after the expulsion of the enmy from the state from which the slaves came. If they remain longer than a year, they shall become free, except such slaves as are sold by the owner for his neccessary support.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #98

Date 1778
Jurisdiction VA
Title Chapter I

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Date 1778
Law/Legislation Law
Jurisdiction VA
Title Chapter I
Description/Full Text In the third year of the Commonwealth, Patrick Henry, Esquire, being Governor, at the Capitol at Williamsburg, it is enacted, that hereafter no slave shall be imported into the Commonwealth by sea or land. Every slave imported contrary to the interest and meaning of this act shall become free.
Provided that persons may remove from any of the United States to Virginia if not with the intention of evading this act, and their slave were not imporrted from Africa or any of the West Indies since November 1, 1778.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #99

Date 1776
Jurisdiction VA
Title Chapter XXVI

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Date 1776
Law/Legislation Law
Jurisdiction VA
Title Chapter XXVI
Description/Full Text Any person who has any estate in lands or slaves in tail is to hold in fee simple, under named conditions.
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #100

Date 1772
Jurisdiction VA
Title Chapter XIX

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Date 1772
Law/Legislation Law
Jurisdiction VA
Title Chapter XIX
Description/Full Text Vessels importing convicts, indented servants, and slaves, infected with the gaol fever or small pox shall perform quarintine under penalties and forfeiture
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Source Black Laws of Virginia, By: June Purcell Guild
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Record #101

Date 1769
Jurisdiction VA
Title Chapter XIX

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Date 1769
Law/Legislation Law
Jurisdiction VA
Title Chapter XIX
Description/Full Text The taker-up of a runaway at his option may convey him to his owner, or if the owner is not in the county, carry him to gaol, and the gaoler shall advertise a description of the runaway in the Virginia Gazette for three weeks.
Whereas many owners of slaves in consideration of wages to be paid by such slaves license them to go at large, to trade as free men, which is a great encouragment to theft and other evil practices by the slaves, in order to enable them to fulfill their agreements with their owners; it is enacted that if any owner license a slave to trade as a free man, he shall forfeit the sum of ten pounds in current money for the use of the poor of the parish, to be recovered by the church wardens.
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Source Black Laws of Virginia, By: June Purcell Guild
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