or them, by virtue of the said two recited acts; any thing in this act to the contrary or seeming to the coutrary notwithstanding.

Representa. tors, who were often unavoidably deceived in their tion against purchases, and hindered in the recovery of their the repeal of just debts. It also lessened the credit of the councertain laws. try; 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 stoeks, must be in miserable and starving circumstances.

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 excutions 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 rights accrued under these laws.

An Act for the distribution of Intestates Estates. The relation this act bears to the last concerning

IV. Provided also, That no slaves whatsoever shall Slaves not li be forfeited, except in such cases wherein the lands able to forand tenements of the person incurring the forfeiture are, should, or might be forfeited.

feiture, ex

cept where lands might

Commence.

V. And be it further enacted, by the authority a- be forfeited. foresaid, That this act shall commence and be in force ment of this from and immediately after the tenth day of June, act. which shall be in the year of our lord one thousand seven hundred and fifty one.

slaves, we humbly imagine caused its repeal as use- Representa less, because it varies so little from the old law for the tion against distribution of intestates estates, and declaring widows the repeal of certain lawg. rights to their deceased husbands estates, that it was not worth enacting, 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 advantageous 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.

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,

[From edit. 1752.]

Distribution

of the personal estate ex

cept slaves.

I.

CHAP. III.

An Act for the distribution of Intestates estates.

F

OR 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:The wife's That is to say, one third part of such surplus to the part. wife of the intestate, and all the residue in equal proThe children's ortheir portion to and amongst his children, and in case any representa 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 val ue to the share arising by such distribution to each of the other children: But if such estate, settlement, or portion, he 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 Heir at law any land he may have by descent, or otherwise, from equal share. 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.

tives.

shall have an

Whereachild dies intestate, in the

mother's life time, and

without wife

or child.

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;

and if there be no such kindred, the whole shall be to the mother.

representa

III. And in case there be no children, nor any le- Where no gal representatives of them, then one moiety of the children or surplus aforesaid, shall be to the wife of the intestate, tives 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, then all the said surplus shall be to the wife.

Where the

IV. Provided always, That there be no represen⋅ Who may be tatives admitted among collaterals, after brothers and representatives. sisters children; and that in case there be no wife, then all the surplus aforesaid, shall be equally distri-¡ intestate dies buted to and among the children; and if there be no without wife. child, then to the next of kin to the intestate, and their legal representatives, as aforesaid.

How to be

Held and des

V. And be it further enacted, by the authority a- The widow's foresaid, That when any person dies intestate, his widower of dow shall have one full and equal third part of all his slaves. slaves, which upon her petition to the court granting recovered. certificate of administration of her husband's 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 liv Vested in ing shall be appraised, and shall descend to, and be ves the heir. ted 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 .ne manner as is herein after directed, for the other remaining slaves.

termined.

VI. And the other remaining slaves of the intestate And also all shall be immediately vested in his heir, but he shall be the other answerable to the other children, or their legal repre- slaves,but he must pay a sentatives, for their proportionable part of the true proportion of value of such remaining slaves, in the same manner as the value to by this act is directed for the distribution of the other the other personal estate of the intestate.

children.

VII. Provided always, and be it enacted, That no- Former' thing herein contained shall extend, or be construed to rights and extend, to alter or defeat any estate, right, title, or in titles to terest, of, in, or to any slave or slaves held as dow. slaves confir med, er, before the commencement of this act; but the same shall descend, pass, and go in the same manner as if

to be sent out of this colony, forfeits all her

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 aWidow, or foresaid. That if any widow possessed of any slave or her husband, slaves, as of the third part of her husbands slaves, shall permitting such slaves 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.

dower.

Method ofre

tition of slaves.

IX. And be it further enacted, by the authority aforecoveringpar- said, 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.

Or a propor.

value.

X. And that where it shall be necessary for the tion of 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.