Legal actions of replevin, 1834
BY THE HOUSE OF DELEGATES, Annapolis, March 15th, 1834
ORDERED, That the Clerk of the Council cause to be published in two Newspapers in the city of Baltimore, in two Newspapers in the city of Annapolis, in two Newspapers in each County where there are two papers published, and in one paper in each County where but one paper is published, the act entitled, An act making it penal to sell a certain description of property under certain circumstances."
Annapolis, March 20th, 1834
IN compliance with the foregoing order, I request the Editors of the following Newspapers viz : the Republican and Gazette at Annapolis; the Patriot and Chronicle in Baltimore; the Examiner and Herald at Frederick; the Torch Light and Mail, at Hagerstown; the Civilian and Advocate, at Cumberland; the Journal and Free Press, at Rockville ; the Citizen and Republican, at Bel Air; the Banner, at Upper Marlborough; the Republican, at Elkton; the Courant, at Port Deposit; the Inquirer, at Chestertown; the Times, at Centreville; the Gazette and Whig, at Easton; the Chronicle, at Cambridge; the Herald at Princess Anne; and the Messenger, at Snow Hill; to publish the act designated in said order, once a week for three weeks.
THOS. CULBRETH, Cl'k.
Of the Council.
An act, entitled, an act making to penal to sell a certain description of property under certain circumstances.
Section 1. Be it enacted by the General Assembly of Maryland, That whenever an action of replevin shall be brought in this State, and the property in dispute shall be any mulatto, negro, or negro slave it shall not be lawful for either plaintiff or defendant, or any other person, in whose possession such mulatto, negro, or negro slave shall be, to sell such mulatto, negro, or negro slaves until such action of replevin shall first have been determined; and any sale thus made shall de (be? )void, unless an order of the court authorising such sale be first had and obtained.
SEC. 2. And be it enacted, That every person, his or her councellers, aiders, or abettors who shall be duly convicted of selling or transporting such mulatto, negro or negro slave, beyond the limits of this State, before the final decision of said action of replevin, or without an order of the Court as aforesaid, shall be deemed guilty of felony, and shall be sentenced to undergo a confinement in the Penitentiary for a period of time not less than two no more than ten years to be treated as the law directs; Provided nevertheless this second section shall not extend, to any person or persons, who by the finding of the jury in such action of replevin, shall be determined to be the rightful owner or owners of such mulatto, negro or negro slave.
BY THE HOUSE OF DELEGATES
March 25, 1834
This engrossed bill, the original of which passed this House the 15th March, 1834 as this day read and assented to.
LOUIS GASSAWAY, Cl’k
By THE SENATE March 15, 1834.
This engrossed bill, the original of which passed the Senate the 13th March, was this day read and assented to.
JOS. H NICHOLSON, Cl’k.
Replevin was a legal procedure for claiming the right to have personal property returned from the possession of one who had less right to hold it than the plaintiff.
Slaves, Western Maryland
Western Maryland, 1800-1864