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October 1705
I. FOR the better settling and preservation of estates within this dominion,
II. Be it enacted, by the governor, council and burgesses of this present
general assembly, and it is hereby enacted by the authority of the same;
That from and after the passing of this act, all negro, mulatto, and Indian
slaves, in all courts of judicature, and other places, within this dominion,
shall be held, taken, and adjudged, to be real estate (and not chattels;)
and shall descend unto the heirs and widows of persons departing this life,
according to the manner and custom of land of inheritance, held in fee
simple.
III. Provided always, That nothing in this act contained, shall be taken to
extend to any merchant or factor, bringing any slaves into this dominion, or
having any consignments thereof, unto them, for sale: But that such slaves,
whilst they remain unsold, in the posession of such merchant, or factor, or
of their executors, administrators, or assigns, shall, to all intents and
purposes, be taken, held, and adjudged, to be personal estate, in the same
condition they should have been in, if this act had never been made.
IV. Provided also, That all such slaves shall be liable to the paiment of
debts, and may be taken by execution, for that end, as other chattels or
personal estate may be.
V. Provided also, That no such slaves shall be liable to be escheated, by
reason of the decease of the proprietor of the same, without lawful heirs:
But all such slaves shall, in that case, be accounted and go as chattels,
and other estate personal.
VI. Provided also, That no person, selling or alienating any such slave,
shall be obliged to cause such sale or alienation to be recorded, as is
required by law to be done, upon the alienation of other real estate: But
that the said sale or alienation may be made in the same manner as might
have been done before the making of this act.
VII. Provided also, That this act, or any thing therein contained, shall not
extend, nor be construed to extend, to give any person, being owner of any
slave or slaves, and not seized of other real estate, the right or privilege
as a freeholder, meant, mentioned, and intended, by one act of this present
session of assembly, intituled, An act for regulating the elections of
Burgesses, for settling their privileges, and for ascertaining their
allowances.
VIII. Provided also, That it shall and may be lawful, for any person, to sue
for, and recover, any slave, or damage, for the detainer, trover, or
conversion therof, by action personal, as might have been done if this act
had never been made.
IX. Provided always, That where the nature of the case shall require it, any
writ De Partitione facienda, or of dower, may be sued forth and prosecuted,
to recover the right and possession of any such slave or slaves.
X. Provided, and be it enacted, That when any person dies intestate, leaving
several children, in that case all the slaves of such person, (except the
widow's dower, which is to be first set apart) shall be inventoried and
appraised; and the value therof shall be equally divided amongst all the
said 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) unto all and every the other said children.
And thereupon, it shall and may be lawful for the said other children, and
every of them, and their executors or administrators, as the case shall be,
to commence and prosecute an action upon the case, at the common law,
against such heir, his heirs, executors and administrators, for the recovery
of their said several proportions, respectively.
XI. And be it further enacted by the authority aforesaid,, That if any widow,
seised of any such slave or slaves, as aforesaid, as of the dower of her
husband, shall send, or voluntarily permit to be sent out of this colony and
dominion, such slave or slaves, or any of their increase, without the lawful
consent of him or her in revesion, such widow shall forfeit all and every
such slave or slaves, and all other the dower which she holds of the
endowment of her husband's estate, unto the person or persons that shall
have the reversion thereof; any law, usage or custom to the contrary
notwithstanding. And if any widow, seized as aforesaid, shall be married to
an husband, who shall send, or voluntary permit to be sent out of this colony
and dominion, any such slave or slaves, or any of their increase, without
the consent of him or her in reversion; in such case, it shall be lawful for
him or her in reversion, to enter into, possess and enjoy all the state
which such husband holdeth, in right of his wife's dower, for and during the
life of the said husband.
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