end, the said act may be fully and clearly explained and amended,

1705.

II. Be it enacted, by the Lieutenant-Governor, Coun- Construction eil, and Burgesses, of this present General Assembly, of act of and it is hereby enacted, by the authority of the same, That the said act shall hereafter be construed, and the true intent and meaning thereof, is hereby declared to be, in the several cases herein after mentioned, as the same is herein after expressed and declared, and not otherwise, that is to say:

tels.

III. Whenever any person shall, by bargain and sale, Slaves to or gift, either with or without deed, or by his last will pass as chat and testament in writing, or by any noncupative will, bargain, sell, give, dispose or bequeath, any slave or slaves; such bargain, sale, gift, or bequest, shall transfer the absolute property of such slave or slaves to such person or persons to whom the same shall be so sold, given, or bequeathed, in the same manner, as if such slave or slaves were a chattel: And no remainder of Remainders, any slaves or slaves shall or may be limited by any deed, how limited. or the last will and testament in writing, of any person whatsoever, otherwise than the remainder of a chattel personal, by the rules of the common law, can or may be limited, except in the manner herein after mentioned and directed.

IV. And that where any slave or slaves have been or Slaves of shall be conveied, given, or bequeathed, or have or shall wife, vested absolutely in descend to any feme covert, the absolute right, pro- husband. perty, and interest, of such slave or slaves is hereby vested, and shall accrue to, and be vested in the husband of such feme covert. And that where any feme sole is or shall be possessed of any slave or slaves, as of her own proper slave or slaves, the same shall accrue to, and be absolutely vested in the husband of such feme, when she shall marry,

V. And that any infant, above the age of eighteen May be beyears, by his or her last will and testament in writing, queathed by may dispose and bequeath the absolute right, property, infants. and interest, of any slave or slaves whereof he or she

shall be possessed.

VI. And that no slave or slaves whatsoever shall be Not liable to forfeited, except in such cases where the lands and forfeiture. tenements of the person incurring the forfeiture, is,

should, or might, be forfeited.

Not to be

VII. And that no executor or administrator hath or sold by exe- shall have any power to sell or dispose of any slave or

cutors, &c.

except un

lar circumstances.

slaves of his testator or intestate, except for the payder particu- ing and satisfying the just debts of such testator or intestate, and then only, where there is not sufficient of the personal estate of such testator or intestate, to satisfy and pay such debts; and in that case, it shall and may be lawful for the executor or administrator, to sell and dispose of such slave or slaves, as shall be sufficient to raise so much money as the personal estate falls short of the paiment of the debts.

Heir at law,

VIII. And that when a mother shall die intestate, accountable, leaving one or more slave or slaves, other than the for propor- slave or slaves which she holds as of her dower, the if mother die heir at law shall be accountable to the younger children

tion of slaves

intestate.

Not to affect

for their proportions of the value of such slave or slaves, in the same manner as he should or might be accountable, in case of a father's dying and leaving such slaves.

IX. Provided always, That nothing in this act conprior adjudi- tained, shall be construed to change or alter the pro

cations.

Nor remain

fore limited.

perty of any slave or slaves, which, by the judgment, of the general court, or any county court, have been heretofore adjudged to belong to any person or persons whatsoever; but such judgment shall remain, and forever hereafter, shall be deemed and taken to be valid and binding.

X. Provided also, That where any person hath hereders hereto- tofore, by deed executed in his life time, or by his last will and testament in writing, disposed of any slave or slaves for the life or lives of any person or persons whatsoever, and hath thereupon limited any remainder, such remainder shall be good and effectual in law, to transfer the absolute property of such slave or slaves to the person or persons to whom such remainder hath been limited, and no otherwise.

XI. And whereas, the true design of the said act, and the policy thereof, was and is, to preserve slaves for the use and benefit of such persons to whom lands and tenements shall descend, be given, or devised, for the better improvement of the same; which cannot be done, according to the custom and method of improving estates in this colony, without slaves; and therefore it may be very advantageous to estates, to establish a method for settling slaves, and their increase, so as they may go and descend with lands and tenements:

to which end, XII. Be it further enacted, by the authority afore- How slaves said, That it may be anshall and may be lawful for any per- nexed to, & son or persons whatsoever, by deed executed in his pass with or their life times, or by his or their last will lands. and testament, wherein any lands and tenements shall hereafter be settled, conveied, or devised, in fee tail, or for life or lives, to settle, convey, or devise any slave or slaves; and in such deed or last will, to declare that such slave or slaves, and their increase, so long as any of them shall be living, shall descend, pass, and go, as part of the freehold to such person or persons to whom such lands and tenements shall be so conveied or devised, and to whom the same shall from time to time descend and come; and such declaration shall be good and effectual in law, to annex such slave or slaves to the freehold and inheritance of such lands and tenements, and they, and their increase, so long as any of them shall be living, shall descend, pass, and go, in possession, reversion, and remainder, with such lands and tenements: Or where any person shall, by his deed executed in his life time, or by his last will and testament in writing, settle, convey, or devise, any lands and tenements in fee tail, or for life or lives; and shall, in the same deed or will, settle, convey, or devise any slave or slaves, with the same limitation or limitations with which such lands and tenements shall be so settled, conveied, and devised, such limitation or limitations shall amount to a declaration of the intent of the party settling, conveying, or devising the same, that the same should be annexed to such lands and tenements, and shall descend, pass, and go therewith, from time to time, as aforesaid.

XIII. And where any person or persons now are, or May be anhereafter shall be, seised of lands or tenements in fee nexed by tenant in tail, it shall and may be lawful for such person or per- tail. sons, by deed executed in his or their life times, or by his or their last will and testament, to annex to the same lands and tenements, all or any slave or slaves which such tenant in tail shall during such his estate, purchase, acquire, or be possessed of; and to declare, that such slave or slaves, and their increase, so long as any of them shall be living, shall descend, pass, and go, in possession, reversion, or remainder, as part of the freehold, under the like limitation or limitations

E-Vol. 4.

with which such lands and tenements are or have been settled, conveied, or devised: And such declaration shall be as effectual to annex the said slave or slaves, and their increase, to such lands and tenements, as if the same had been settled, conveied, or devised, by the same deed or will, whereby the estate in the said lands and tenements was at first made and created.

Slaves annexed to

XIV. But forasmuch as the greatest part of the visible estates of the inhabitants of this colony, doth generally consist of slaves, and it may happen in future time, after several descents of slaves so annexed to lands. as aforesaid, that many people may not be acquainted with such settlements, and so creditors may be deceived and hindred in the recovery of just debts: And moreover, to bind the property of slaves, so as they may not be liable to the paiment of debts, must lessen, and in process of time, may destroy the credit of the country.

XV. It is hereby provided and enacted, That notwithstanding any slave or slaves shall be annexed, as aforelands liable said, to any lands and tenements settled, conveied, or

for debts.

Proviso.

devised, in fee tail in possession or remainder, as aforesaid, such slave, or slaves, or their increase, shall be liable to be taken in execution, and sold for the satisfying and paying the just debts of the tenant in tail, for the time being. And such sale shall be good and effectual against him or her, and his or her issue, and all other persons whatsoever, claiming under such settle

ment.

XVI. Provided nevertheless, That if any person shall be hereafter possessed of any slave or slaves, in right of his wife, which shall be so annexed to lands, as aforesaid, such slave or slaves shall not be liable to be taken in execution, or sold for the satisfying any debt of such husband, so as to bar the wife of any right which she may claim under any settlement, made in pursuance of this act, after his death.

XVII. And whereas it is by the said act provided, that writs of dower and partition may be brought and maintained, for recovering dower, or making partition of slaves, as the case may be; and the process and proceedings in those writs are not well adapted to the circumstances of living things, and are very tedious and difficult:

be demand

XVIII. Be it further enacted, by the authority afore- Dower or said, That where any person or persons, have or shall partitionmay have, a right to demand dower, or have partition of any ed by bill in slave or slaves, such person or persons shall and may equity. exhibitabill 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 dower, or making such partition, in such manner as shall be most agreeable to equity: And such assignment of dower, or partition, shall be as effectual, as if the same were made in the ordinary methods of the common law.

children a

XIX. And be further enacted, by the authority afore- And proporsaid, That where it shall be necessary for the youn- tions of ger child or children of any person whatsoever, to bring younger any suit against the heir at law, for recovering his or gainst heir. their proportion of the value of any slave or slaves, pursuant to the said act, instead of an action upon the case, such child or children shall and may exhibit his or their bill, in a court of equity, for recovering such proportion: And the court before whom such bill shall be exhibited, 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 paiment of such proportion of the true value of such slave or slaves, as shall be agreeable to the rules of equity; any thing in the said act contained to the contrary thereof, in any wise, notwithstanding.

XX, And whereas, by part of one other act, made in the fourth year of the reign of the said late queen Anne, intituled, An Act for the distribution of Intestates Estates; declaring Widows Rights to their deceased Husbands Estates: and for securing Orphans Estates, it is provided, That no person, by his last will and testament, may give a less share or proportion of his estate, than is therein directed; and that any will, made contrary to that act, may be set aside, for so much, upon the petition of the wife. And forasmuch as it is doubted, whether that part of the said act hath any relation