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FROM and after the Passing of this Act, Negroes, Mulottoes and Indian Slaves, shall be real Estate (and not Chattels) and shall descend to the Heirs and Widows of Persons departing this Life, as Lands of Inheritance in Fee.
Proviso, No Merchant or Factor importing any Slaves, or having Consignment thereof for Sale, shall be affected hereby, but while the Slaves remain unfold, they shall be accounted personal Chattels as to them.
Proviso, ALL Slaves shall be liable to the Payment of Debts, and may be taken in Execution for that End, as other Personal Estate may be.
Proviso, No Slaves shall be liable to be escheated(?) by reason of the Decease of the Proprietor without Heir, but all such Slaves in that case shall be accounted and go as Chattels.
Proviso, No Person selling a Slave, shall be obliged to record it, but Sales as before usual shall be good.
Proviso, No Owner of a Slave shall thereby be entitled to Liberties and Priviledges as a Freeholder of Land.
Proviso, ANY Writ de partitione (?) facienda, or Dower, may be sued and prosecuted, to recover the Right and Possession of any Slave.
Proviso, WHEN any Person dies Intestate(?), leaving several Children, all the Slaves (except the Widow's Dower, which is first to be set apart) shall be inventoried and appraised, and the Value thereof shall be equally divided among all the Children, and the several Proportions according to such Valuation and Appraisement, shall be paid by the Heir (to whom the said Slaves shall descend by Virtue of this Act) to the other Children; and thereupon Action may be commenced at the Common Lay against such Heir, &c. for the Recovery of the said several Proportions.
IF any Widow seized of a Slave, as of the Dower of her Husband, shall send, or voluntarily permit to be sent out of the Colony such Slave, or any Increase of such Slave, without the lawful Consent of him or her in Reversion, such Widow shall forfeit such Slave, and all other the Dower which she holds of her Husband unto the Person in Reversion.
AND if a Widow seiz'd as aforesaid, shall be married to a Husband who shall send, or voluntarily permit to be sent out of the Colony, any such Slave or its Increase, without the Consent of him or her in Reversion, he or she in Reversion shall enter into, posess, and enjoy all the Estate which such Husband holdeth in Right of his Wife's Dower during the Life of the Husband.
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