Pages 415-431 
|  Pages 449-467
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| Pages 415-431
| Pages 449-467
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| CHAP. II. An act declaring slaves to be personal estate, and for other purposes therein mentioned. * |
[From edition 1752.] | |
| I. WHEREAS one act of Assembly was made in the fourth year of the late queen Anne, intituled, | Preamble. | |
| * This act together with nine others, which were passed among the revised laws, in 1748, was repealed by the king's proclamation of the 31st of October, 1751. The repeal of those acts not having been communicated to the General Assembly until the 8th of April, 1752, (See M. S. Journal of Council, pa. 69.) they were printed, as enacted in the edition of 1752, and a list of them published at the end of that edition. The printing of the revised laws of 1748, had probably too far progressed before a notification of the repeal of these ten acts was received, to make it practicable to omit them, in their proper places. | Representation against the repeal of certain laws. See the proclamation at the end
of this volume, p. 559.
| |
| In a manuscript journal of the Council which has been preserved, the proceedings of the governor and council in their legislative capacity, and of the house of burgesses, on this interesting subject, together with a representation to the king, by a joint committee of the council and burgesses, are given at large. −− As this document exhibits, in very strong terms the feelings of the legislature, on receiving information of the repeal of these laws, and their views of the king's prerogative, in relation to that point, as well as the reasons which induced the passing of them, it is deeded important to insert it in this place. | ||
| Wednesday April 15th, 1752. | ||
| The committee reported that they, in conjunction with those appointed by the house of burgesses, had drawn up an address and representation to his majesty, which were read and agreed to, and are as follow: | ||
| To the King's most excellent majesty. | ||
| ||
| Sheweth, That pursuant to the constitution of this colony, as established by your majesty's royal predecessors, | ||
| [This footnote continues on the following pages, and concludes on page 443] |
| An act declaring the negro, mulatto, and indian slaves, within this dominion, to the [be] real estate, which was afterwards explained by one other act passed in | Ch. 23, 1705. |
| [This footnote is continued from the previous page.] | |
| your majesty was graciously pleased by your commission under your great seal, appointing the right honorable William Ann Earl of Albemarle to be your lieutenant and governor general of this your colony and dominion of Virginia, "To give and grant unto him the said William Ann, Earl of Albemarle, full power and authority with the advice and consent of the council, from time to time as need shall require, to summon and call General Assemblies of the free holders and planters within this said government, according to the usage of the colony and dominion of Virginia, and to declare your royal will and pleasure that the persons thereupon duly elected by the major part of the freeholders of the respective counties and places, and so returned, shall before their sitting take the oaths mentioned in the act intituled An act for the further security of his majesty's person and government and the succession of the crown in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales and his open and secret abettors, as also make and subscribe the Declaration." "And also to give power and authority to the said William Earl of Albemarle with the consent of the Council and Assembly, or the major part of them respectively, to make, constitute and ordain Statutes and Ordinances for the public peace, welfare and good government of the said colony, and the people and inhabitants thereof; and such others as shall thereto resort, and for the benefit of your majesty, your heirs and successors, which said laws, statutes and ordinances are not to be repugnant to, but as near as may be agreeable to the laws and statutes of the kingdom of Great Britain: Provided that all such laws, statutes and ordinances, of what nature or duration soever, be within three months or sooner after the making thereof transmitted unto your majesty under your seal of Virginia, for your majesty's approbation or disallowance of the same, as also duplicates thereof by the next conveyance, and in case any or all of the said laws, statutes and ordinances not before confirmed | Representation against the repeal of certain laws. |
| [This footnote continues on the following pages, and concludes on page 443] |
| the first year of his present majesty's reign, intituled, and act to explain and amend the act, for declaring the negro, mulatto, and indian slaves within this dominion, | Ch. 11. 1727. |
| [This footnote is continued from the previous page.] | |
| by your majesty, shall at any time be disallowed and not approved, and so signified by your majesty your heirs or successors under your or their Sign Manual and Signet, or by order of your privy council, unto him the said William Ann Earl of Albemarle, or to the commander in chief of the said colony for the time being, then such and so many of the said laws, statutes and ordinances as shall be disallowed and not approved, shall from thenceforth cease, determine and become utterly void and of none effect." | Representation against the repeal of certain laws. |
| And whereas the lieutenant governor, council and burgesses of this your majesty's colony, taking into consideration that many of the laws and statutes had of late years been either intirely or in part repealed, and others of them expired, altered, amended or explained, from whence great mistakes and inconveniences had arisen, for preventing whereof for the future, a committee of the council and Assembly of this colony was appointed to revise, alter, or amend all or any of the said laws and statutes, and reduce the same into bills, to be reported to the next meeting of the General Assembly, which service was performed by virtue of the power so given to the said committee. | |
| That the said laws so revised, alter'd or amended, or so many of them as were approved and enacted by the lieutenant governor, council and burgesses, were, pursuant to your majesty's instructions and royal command to your governor, transmitted for your majesty's approbation or disallowance of the same. Ten of which laws your majesty was pleased, by your order in your privy council under your Sign Manual, bearing date at St. James's, October 31, 1751, to repeal and declare void and of none effect. | |
| And whereas your majesty has been pleased by your royal instruction to your governor or commander in chief to direct that "no law shall be reenacted in this colony to which the assent of your majesty or your royal predecessor hath once been refused, without express leave for that purpose first obtained, upon a full representation to your majesty, and to your commissioners for trade and plantations, of the reason and | |
| [This footnote continues on the following pages, and concludes on page 443] |
| to be real estate, and part of one other act, intituled, an act for the distribution of intestate estates, declaring widows rights to their deceased husbands estates, | Ch. 33, 1705. |
| [This footnote is continued from the previous page.] | |
| necessity for passing such law." We therefore, maturely deliberating thereon, and conceiving some of the said repealed laws to be of great utility and well calculated to promote the public peace, welfare and good government of this colony, and not repugnant to the laws and statutes of Great-Britain, do in all humility, beg leave, pursuant to your majesty's last mentioned instruction, to represent to your majesty the reasons and necessity upon which they were passed; which reasons are transmitted with this our humble address and representation. And we intreat your majesty, that, having taken the same into your royal consideration, you will be graciously pleased to grant your permission, that the same or so many of the said repealed laws, as to your majesty, in your great wisdom, shall seem expedient, may be reenacted, and that you will give instructions to your governor or commander in chief, for the time being, accordingly. | Representation against the repeal of certain laws. |
| That, as we conceive, according to the antient constitution and usage of this colony, all laws enacted here for the public peace, welfare and good government thereof, and not repugnant to the laws and statutes of Great Britain, have always been taken and held to be in full force, until your majesty's disallowance thereof is notified here, and that the same may be revised, alter'd and amended, from time to time, as our exigencies may require. But that when a law enacted here hath once received your majesty's approbation, and hath been confirmed, finally enacted, and ratified, the same cannot by the legislature here be revised, altered or amended, without a clause therein to suspend the execution thereof 'til your majesty's pleasure shall be known therein, even tho' our necessities for an immediate revisal, alteration or amendment, be ever so pressing. | |
| We cannot, therefore, but express our deep concern at your majesty's having in such solemn manner confirmed and ratified fifty seven of the 'forementioned revised acts, that we apprehend we have not full power now to revise alter or amend the same, without such suspending clause, which if understood in a strict | |
| [This footnote continues on the following pages, and concludes on page 443] |
| and for securing orphans estates; which acts having been found inconvenient, and not to answer the ends thereby intended. | ||
| [This footnote is continued from the previous page.] | ||
| sense, will subject us to great hardships and inconveniences, since it is not within the reach of human foresight to form any laws but what may, from experience, be found to want necessary and sometimes speedy amendments. | Representation against the repeal of certain laws. | |
| Wherefore we pray your majesty will be graciously pleased to take this our unhappy case into your serious consideration, and that you will signify to your lieutenant governor that it was not your royal intention to fix those confirmed laws so unalterably upon us, but that the same may be altered or amended from time to time as the circumstances of this country may require, for the public peace, welfare and good government thereof, and provided the same shall not be repugnant to the laws and statutes of Great-Britain; always having a due regard not to enact any laws to take effect immediately that your majesty hath instructed your governor or commander in chief not to pass without a suspending clause 'till your royal assent may be had thereto. | ||
| Our gratitude will not suffer us to conclude this our humble address and representation, without acknowledging a just sense of your majesty's wisdom in repealing certain of our revised laws, which upon our further consideration, occasioned by your majesty's order in council aforesaid, we are convinced were, by some omissions, not fitly framed, fully to answer the purposes for which they were intended. | ||
| And we pray that the same Divine Providence which hath hitherto continued your majesty a blessing to all your good subjects, may preserve your majesty in the peaceable enjoyment of your Throne to a fullness of days: when you may willingly resign the same to your illustrious offspring, to whom the same duty, loyalty, and obedience, will ever be paid by your faithful people of Virginia. | ||
| ||
| [This footnote continues on the following pages, and concludes on page 443] |
| II. Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the | Repeal of the recited acts. | |
| [This footnote is continued from the previous page.] | ||
| An Act for establishing a town in Augusta county, and allowing Fairs to be kept therein. | ||
| These acts are agreeable to others passed in former Assemblies, and their preambles shew their utility and design. The small number of inhabitants, and the want of persons properly qualified to constitute a corporation, is the reason that your majesty's lieutenant governor hath not granted these towns a charter. | Representation against the repeal of certain laws. | |
| To assess a toll on the commodities brought to these fairs would frustrate the intents of the acts. Neither do the people desire a court of piepowder; their monthly county courts, and the authority allowed your majesty's justices of the peace being sufficient to determine their differences. Nor would your General Assembly of this colony have presumed to enact these laws without inserting a proviso that nothing therein contained should derogate from, alter, or infringe your royal power of granting to any person or persons, bodies politic or corporate, the privilege of holding fairs in such manner as your majesty, your heirs and successors, should think fit; well knowing how unbecoming it would be in them to presume to act contrary to your majesty's royal prerogative, which has ever been esteemed equally dear, sacred, and inviolable with their own rights and liberties. | ||
| ||
| Acts of this nature have been passed every session of Assembly of late years, to some of which your majesty hath been graciously pleased to assent. But what chiefly induced your Assembly to pass this act, was the preservation of the public warehouses for the reception of tobacco in this town from the danger of Fire. | ||
| An Act for the better support of the College of William and Mary. | ||
| By this act the acts of the fourth of queen Anne, intituled, An act for laying an imposition upon skins and furrs, for the better support of the college of William and Mary, in Virginia; and the Act for the better | ||
| [This footnote continues on the following pages, and concludes on page 443] |
| same, That the said two recited acts and every clause and article thereof, shall be, and are hereby repealed and made void, to all intents and purposes, as if the same | |
| [This footnote is continued from the previous page.] | |
| support and encouragement of the college of William and Mary, in Virginia, made in the eighth year of your majesty's reign, (to which last act your majesty was pleased to give your royal assent,) were reduced into one act, and re-enacted in substance, with no other alteration than the increasing the duty upon every raw hide, from three pence to six pence, and repealing the act made in the eighteenth year of your majesty's reign, for amending the first of these two acts, which laid an additional duty of two shillings and six pence on every raw hide, and five shillings on every tanned hide exported. | Representation against the repeal of certain laws. |
| The inducement your assembly had for this alteration was to collect separate laws relating to the same subject into one act, and for the benefit and support of the college, the only public seminary of learning in this colony, always favoured by your majesty and your royal predecessors, and encouraged by your Assemblies here. Raw hides are exported from hence in greater abundance than tanned. The duties imposed by the act of the eighteenth year of your majesty's reign were so high as in effect to amount to a prohibition, for which reason it was repealed, and these duties substituted. Six pence on a raw hide increases the college revenue, is easily born by the commodity, and not complained of by the trader or exporter. | |
| An Act to prevent the tending of Seconds. | |
| Experience convinced the Legislature that turning out and tending seconds of tobacco depreciated that staple commodity and threatened the ruin of the trade. Whereupon several acts of Assembly were made to provide against that evil, particularly an act of the fourth year of queen Anne, for improving the staple of Tobacco, and for regulating the size and tare of tobacco hogsheads, which has the sanction of her royal assent. Another made in the seventh year of the reign of his late majesty king George the first, of blessed memory, for the more effectual preventing the tending of seconds. Another of the third and fourth years of your majesty's reign, for repealing the act for the better and more effectual improving the staple of tobacco, | |
| [This footnote continues on the following pages, and concludes on page 443] |
| had never been made: And that for the future, all slaves whatsoever shall be held, deemed, and taken, to be chattels personal. | Slaves declared to be chattels personal. |
| [This footnote is continued from the previous page.] | |
| and for the better execution of the laws now in force against tending seconds, and for the further prevention thereof. And another of the tenth of your majesty's reign, to prevent cutting up tobacco suckers. Upon the revisal of their laws, your Assembly reduced such clauses of these acts, (except the first) into one act, with an amendment, that if any plants should be destroyed by tempest or otherwise, when growing, and thrown away without being cured or housed, any person might raise and tend seconds or slips upon the same stalks without incurring a penalty. Which they humbly conceived to be conformable to the spirit of the former laws, and founded on reason and justice. For tho' the policy of these laws is to prevent the utter loss of the tobacco trade by overstocking the markets with bad tobacco, it does not intend to ruin the planter, whose whole support depends on his crop frequently exposed to tempests, and there is no danger of making two crops from the same plant, where what they call firsts have been destroyed. If this act was repealed upon an opinion that the preventing the tending and making tobacco from slips or suckers will so much lessen the quality of tobacco imported into Great-Britain as to diminish your majesty's revenue arising from that commodity, we beg leave to observe that from a law of the like nature which hath been in force more than forty years, no such effect has been produced; but during that time, we have always made as much tobacco as Great Britain and all its various branches of foreign trade could find markets for. And to encourage the making greater quantities than could be sold will immediately ruin the planter; and in consequence the trade too. | Representation against the repeal of certain laws. |
| An Act for establishing the General Court, and for regulating and settling the proceedings therein. | |
| This act contained little more than a collection of former acts relating to this court, and the rules of practice. It altered the returns of some of the process for the ease of the court, the benefit of the suitors, and the convenience of the attornies; limited appeals from the inferior courts to ten pounds, instead | |
| [This footnote continues on the following pages, and concludes on page 443] |
| III. Provided always, and be it enacted, by the authority aforesaid, That nothing herein contained, shall be construed, deemed, or taken, to alter or defeat | But this act shall not alter any former right. |
| [This footnote is continued from the previous page.] | |
| of five pounds; which limitations is also in the act for establishing the county courts; and also limited original process to twenty pounds current money or four thousand pounds of tobacco, instead of ten pounds sterling or two thousand pounds of tobacco, with a view to keep up the dignity of the court, to prevent in some measure the too great increase of business, and to hinder litigious persons from harrassing their debtors in this court for small debts, where the delays occasioned by the multiplicity of causes, the costs and attendance of the parties, are more burthensome than in the inferior courts, which have competent jurisdiction of such suits. The good effects of this law began to appear during its short continuance. | Representation against the repeal of certain laws. |
| An Act declaring Slaves to be Personal Estate, and for other purposes therein mentioned. | |
| Slaves are in their nature personal estate, and not real, and so continued in this colony 'till the fourth of queen Anne, when the Legislature declared them real estate; but with so many provisos and exceptions that they remained personal estate in many instances. They might be sold, sued for, and taken in execution as chattels, and were not to escheat; they remained as personal assets in the hands of the administrator; and yet descended to the heir at law as real estate. He was answerable for a proportionable part of their appraised value to his younger brothers and sisters; except of those who were allotted to the widow for her dower, which he took wholly to himself upon her death. In the first year of your majesty's reign, another act was made to explain and amend the former; and by that wives' slaves were vested in their husbands; they were only to be given or bequeathed as chattels, and no remaider of them was to be limited otherwise than as a chattel personal by the rules of the common law. An infant of the age of eighteen years might devise them away, but they were not to be forfeited, except in cases were lands and tenements are forfeited; and the value of the slaves of mothers dying intestate, other than her dower slaves, was made distributable, as in the case of a father. It also allowed and settled | |
| [This footnote continues on the following pages, and concludes on page 443] |
| the right, title, property, claim, or demand of any person or persons whatsoever, of, in, or to any slave or slaves which hath heretofore accrued to him, her, | |
| [This footnote is continued from the previous page.] | |
| a method for annexing slaves to lands in tail, and declared that such slaves and their increase should pass and descend with the land as part of the freehold. but provided that such slaves might be taken in execution, and sold for the debts of the tenant in tail for the time being, and such sale should barr the intail. This last act being in the first part explanatory, was productive of many suits; it was thought to look back to the first law made twenty two years before, destroyed old titles, and created new, and was attended with such doubts, variety of opinions, and confusion, that new points are even yet started, and undetermined. To remedy which it was thought best to reduce them to their natural condition, so that they might not at the same time be real estate in some respects, personal in others, and both in others; and as the younger children were entituled to a proportionable part of the value of the slaves descended from a father or mother, they might also share with the elder brother when their collateral relations died intestate, which they could not do before. Nor did your Assembly think it beneficial or convenient to continue the method of intailing negroes any longer. They saw that slaves could not be kept on the lands to which they were annexed without manifest prejudice to the tenant in tail. Because in time they overstocked the plantations, and often the tenant was the proprietor of fee simple land, much fitter for cultivation than his intailed lands, where he could work his slaves to a much greater advantage. But on the other hand the frequent removing and settling them on other lands in other counties and parts of the colony, far distant from the county court, where the deeds or wills which annexed them were recorded, and the intail lands lay; the confusion occasioned by their mixture with fee simple slaves of the same name and sex, and belonging to the same owner; the uncertainty of distinguishing one from another, after several generations, no register of their genealogy being kept, and none of them having surnames, were great michiefs to purchasers, strangers, and creditors, | Representation against the repeal of certain laws. |
| [This footnote continues on the following pages, and concludes on page 443] |
| or them, by virtue of the said two recited acts; any thing in this act to the contrary or seeming to the contrary notwithstanding. | |
| [This footnote is continued from the previous page.] | |
| who were often unavoidably deceived in their purchases, and hindered in the recovery of their just debts. It also lessened the credit of the country; it being dangerous for the merchants of Great Britain to trust possessors of many slaves, for fear the slaves might be intailed. And should credit be destroyed in a trading country, as ours may be properly called, the consequence might be fatal. Virginia estates are attended with a certain large and yearly expence in furnishing these slaves with cloathing, food, and tools, paying their public poll taxes, and the quit rents of the lands. The profits arising from the crops of tobacco, and indian corn, are precarious, and often destroyed by gusts, droughts, and other casualties. But in such cases if the master cannot be trusted for necessaries, till he makes another crop, himself, family, slaves, and stocks, must be in miserable and starving circumstances. | Representation against the repeal of certain laws. |
| Besides the clause for subjecting intailed slaves to be taken in execution for the debts of the tenant in tail for the time being, in effect annuls the former provision; because an unthrifty or designing tenant, by running in debt or borrowing money, and then confessing judgment, and getting his creditors to sue out executions against the intailed slaves, might defeat their settlement. And since your majesty was pleased in the eighth year of your reign, to confirm an act settling a manner for docking the intail of lands not exceeding the value of two hundred pounds sterling, by your writ in the nature of an ad quod damnum, it is doubted whether when the intail of such parcels of land is barred, the intail of the slaves annexed thereto does not determine, and the tenant gain an absolute property in them. As there is no notice to be taken of them in defeating the estate tail in the land, wherefore your Assembly were desirous of repealing these acts, but that they might avoid the mischief so justly complained of in the last act, they inserted a clause to save and make good all right accrued under these laws. | |
| An Act for the distribution of Intestates Estates. | |
| The relation this act bears to the last act concerning | |
| [This footnote concludes on the following page.] |
| IV. Provided also, That no slaves whatsoever shall be forfeited, except in such cases wherein the lands and tenements of the person incurring the forfeiture are, should, or might be forfeited. | Slaves not liable to forfeiture, except where the lands might be forfeited. |
| V. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our lord one thousand seven hundred and fifty one. | Commencement of this act. |
| [This footnote is continued from the previous page, and concludes here.] | |
| slaves, we humbly imagine caused its repeal as useless, because it varies so little from the old law for the distribution of intestates estates, and declaring widows rights to their deceased husbands estates, that it was not worth enacted, had not some clauses of the old act been thrown more properly into other laws, and clauses from other laws with greater propriety taken into this. But the chief end was to give the heir of an intestate, to whom the lands descended, an opportunity of keeping the slaves at their appraised value as it would be advantage to him in tilling his lands, but not so valuable as money to the younger children who had no lands, and to oblige the heir to pay them their parts of the value of the widows slaves when they should come to him. It was also necessary to insert a clause to keep widows to their old allowance of only an estate for life, in a third part of the intestates slaves, to prevent the ruin which would otherwise soon happen to some of the best estates here, by widows marrying second husbands, and carrying with them a property in so many of their first husbands slaves. But we will not trouble your majesty with more reasons for this act, since it is of little use without the other. | Representation against the repeal of certain laws. |
| These, sir, are some of the principal reasons which we apprehended prevailed with the late Assembly to pass these laws, and which we most humbly submit to your royal consideration. |
| CHAP. III. An Act for the distribution of Intestates estates. |
[From edit. 1752.] |
| I. FOR the more equal distribution of the estates of persons dying intestate, within this dominion Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That after debts, funeral, and other just expences first paid and allowed, the surplus of all and singular the goods, chattels, and personal estate, other than slaves, of every person dying intestate, shall be distributed amongst the wife and children, or childrens children, if any such, or otherwise to the next of kin to the dead person, in equal degree, or representing their stocks, according to their respective legal rights, and the rules and limitations herein after expressed, and not otherwise: −− That is to say, one third part of such surplus to the wife of the intestate, and all the residue in equal proportion to and amongst his children, and in case any such child or children be then dead, to such person or persons as legally represent them, other than such child or children who have had any estate, settlement or portion, from the intestate in his life time, equal in value to the share arising by such distribution to each of the other children: But if such estate, settlement, or portion, be of less value, then such child or children shall be intituled to so much of the surplus aforesaid as shall make his, her, or their share, or shares, equal to the share of each of the other children, as near as can be estimated; and the heir at law, notwithstanding any land he may have by descent, or otherwise, from the intestate, shall nevertheless have an equal part in the distribution with the rest of the children, without any consideration of the value of the land. | Distribution of the personal estate except slaves. The wife's part. The children's or their representatives. Heir at law shall have an equal share. |
| II. And if after the death of a father, any of his children shall die intestate, without wife or children, and in the life time of the mother, every brother, and sister, and the representatives of them, shall have an equal share with her; and if all the children shall die intestate, without wife or children, in the life time of the mother, then the portion of the child, so dying last, shall be equally divided; one moiety to the mother, and the other moiety to the next of kin by the father; | Where a child dies intestate, in the mother's life time, and without wife or child. |
| and if there be no such kindred, the whole shall be to the mother. | |
| III. And in case there be no children, nor any legal representatives of them, then one moiety of the surplus aforesaid, shall be to the wife of the intestate, and the other moiety to the next of kin to such intestate, who are in equal degree, and those who legally represent them; and if there be no such kindred, than all the said surplus shall be to his wife. | Where no children or representatives. |
| IV. Provided always, That there be no representatives admitted among collaterals, after brothers and sisters children; and that in case there be no wife, then all the surplus aforesaid, shall be equally distributed to and among the children; and if there be no child, then to the next of kin to the intestate, and their legal representatives, as aforesaid. | Who may be representatives. Where the intestate dies without wife. |
| V. And be it further enacted, by the authority aforesaid, That when any person dies intestate, his widow shall have one full and equal third part of all his slaves, which upon her petition to the court granting certificate of administration of her husbands estate, shall be assigned to her, by persons for that purpose to be nominated and appointed by the said court; and she shall hold such slave and slaves, and all their increase during her natural life, and after her death, the said slaves, and their increase, which shall be then living shall be appraised, and shall descend to, and be vested in the heir at law of the intestate, but he shall be answerable to the other children, or their legal representatives, for their proportionable value of the said slaves, in the same manner as is herein after directed, for the other remaining slaves. | The widow's dower of slaves. How to be recovered. Held and determined. Vested in the heir. |
| VI. And the other remaining slaves of the intestate shall be immediately vested in his heir, but he shall be answerable to the other children, or their legal representatives, for their proportionable part of the true value of such remaining slaves, in the same manner as by this act is directed for the distribution of the other personal estate of the intestate. | And also all the other slaves, but he must pay a proportion of the value to the other children. |
| VII. Provided always, and be it enacted, That nothing herein contained shall extend, or be construed to extend, to alter or defeat any estate, right, title, or interest, of, in, or to any slave or slaves held as dower, before the commencement of this act; but the same shall descend, pass, and go in the same manner as if | Former rights and titles to slaves confirmed, |
| this act had never been made; any thing herein to the contrary, or seeming to the contrary, notwithstanding. | |
| VIII. And be it further enacted, by the authority aforesaid, That if any widow possessed of any slave or slaves, as of the third part of her husbands slaves, shall send or permit to be sent out of this colony, such slave or slaves or any of their increase, without the lawful consent of him or her in reversion, such widow shall forfeit such slave or slaves, and all other her dower of such husbands estate, unto the person or persons having the reversion thereof; and if the husband of any widow, possessed as aforesaid, shall so send, or permit any such slave or slaves to be sent out of this colony, it shall be lawful for him or her in reversion to enter into, possess, and enjoy all the estate held by such husband, in right of his wifes dower and third part, for and during the lifetime of such husband. | Widow, or her husband, permitting such slaves to be sent out of this colony, forfeits all her dower. |
| IX. And be it further enacted, by the authority aforesaid, That where any person or persons have, or shall have right to demand a third part, or have partition of any slave or slaves, such person or persons shall and may exhibit a bill in equity for that purpose, against the person or persons of whom the same may be demanded, and the court before whom such bill shall be exhibited, shall compel the defendant or defendants to answer, and shall and may proceed upon such bill and answer, although the defendant or defendants, or any of them, be under the age of twenty one years, according to the course and rules of equity, and shall and may make such decree, for the assignment of such third part, or making such partition, in such manner as shall be most agreeable to equity. | Method of recovering partition of slaves. |
| X. And that where it shall be necessary for the child or children of any person whatsoever, to bring any suit against the heir at law, for recovering his or their proportion of the value of any slave or slaves, pursuant to this act, such child or children shall and may exhibit his or their bill in a court of equity, for recovering such proportion; and such court shall and may proceed upon the bill, and the answer of the defendant, although he shall be under the age of twenty one years, and give such relief, for the recovering, and compelling the payment of such proportion, of the true value of such slave or slaves, as shall be agreeable to the rules of equity. | Or a proportion of the value. |
| XI. And be it further enacted, by the authority aforesaid, That when any person dies testate, and leaves one or two children, and no more, he shall not have power to dispose of more than two third parts of his estate, by will, to any other person or persons than his wife, and one third part thereof, at least, shall be given to her; and if he leaves more than two children, his wife shall not have less than a child's part, according to the number of children; but if he leaves no child, then the wife shall have at least an equal moiety of his estate: And when any widow shall not be satisfied with the provision made for her by her husband's will, it shall be lawful for such widow, within nine months after her husband's death, before the court where such will shall be proved, or by deed executed in the presence of two or more witnesses, to declare, that she will not accept, receive, or take the legacy, or legacies to her given, or bequeathed, or any part thereof, and will renounce all benefit and advantage which she might claim by such last will; and after such declaration, to demand and recover the third part of all the slaves whereof her husband died possessed, which she shall enjoy during her natural life, and after her death, or other determination of that estate, the said slaves shall go to the person or persons in whom the property thereof would have vested, in case the same had not been demanded; and moreover, such widow shall have a share of the other personal estate of her husband, as by this act is directed: But if such declaration be not made within the time before limited, she shall be for ever barred, to claim any other part of her husband's estate, than is or shall be given, or bequeathed to her, by his last will. | What part of his estate a testator shall leave his wife.
Her remedy where she is dissatisfied with her husbaud's will. |
| XII. Provided always, That if such widow dies before distribution of her husband's estate shall be made, according to this act, in that case her executors or administrators, may demand and recover so much as shall be given her by will, and no more; and where the widow of any person dying intestate shall depart this life before administration of her husbands estate shall be granted, the right of such widow to such estate, or any part thereof, shall be determined, and her executors, or administrators, shall not have any action for recovery thereof. | Limitation of a widows right. |
| XIII. And to the end due regard may be had to creditors, Be it further enacted, by the authority aforesaid That no distribution of the goods of any intestate shall be made before the expiration of nine months after his or her death; and that every person claiming any share or part therein, shall give bond with sufficient sureties, in the curt where such distribution shall be made, that if any just debt, or debts, owing by the intestate, shall thereafter appear, be sued for, or recovered he or she will refund, and pay back to the administrator, his or her proportionable part of such debt and debts, and of all costs and charges occasioned thereby, that the administrator may be enabled to pay and satisfy the same. | When distribution shall be made. |
| XIV. And be it further enacted, by the authority aforesaid, That the widow of every person dying intestate, shall be endowed of one full and equal third part of all her husbands lands, tenements, and other real estate, in manner as is directed and prescribed by the laws and constitutions of the kingdom of England; and till such dower shall be assigned, it shall be lawful for her to remain and continue in the mansion house, and the messuage or plantation thereto belonging, without being chargeable to pay the heir any rent for the same. | Widows dower in lands and tenements. |
| XV. Provided always, That where any widow shall have such a jointure settled on her in the life time of her husband, as by law doth barr her of her dower, she shall not hold possession of any houses or messuages of such husband, other than what shall be so settled on her. | Jointures excepted. |
| XVI. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. | Repealing clause. |
| XVII. And be it further enacted, by the authority aforesaid, That this act shall commence, and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty one. | Commencement of this act. |
| Pages 415-431
| Pages 449-467
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