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An Act to enable persons held in slavery to sue for their freedom. 1844-1845 531 (1844)

handle is hein.slavery/ssactsmo0062 and id is 1 raw text is: 15131 FREEDOM. O ..69. SEC. 6. No contract for the sale of goods, wares and mor- c 6r Contracts for ,chandise, for the price of thirty dollars, or upwards, shall be the sale or .allowed to be good, except the buyer shall accept part of tle goodst, goods so sold, and actually receive the same, or give some- lid, unless purt be delivered, thing in earnest to bind the bargain, or in part payment, or or errnes unless some note or memorandum in writing be made of thegive.-b bargain, and signed by the parties to be charged with such contract, or their agents lawfully authorized. SEC. 7. No action shall be brought to charge any person oactivh upon, or by reason of, any representation or assurance madebrought to concerning the character, conduct, credit, ability, trade or clarge ay person for re- dealings of any other person, unless such representation or presentations assurance be made in writing, and subscribed by the party to .1 a 'other, be charged thereby, or by soine person thereunto by him tiuless duc d 0 ~to writilig. lawfully authorized. (d) Approved March 15, 1845. CHAPTER 69. FREEDOM. AN AcT to enable persons held in slavery to sue for their freedom. SEc. 1. Persons held in slavery permit- SE.c. S. Failing to enter into recogni- ted to sue for their freedom. 'ance, petitioner to be hired 2. If the petition contains suflicient o ond to be taken ; con- matter to anhorize suit, what dition of the bond. orders the court shall make. 9. Forn Of the action to be com- 3. Orders to be endorsed on peti- inenced. tion, &c. . The declaration, and whataver- 4. In case of restraint, &c., or se- mernts it shall contain. vere treatment, court or judge 11. How, and what defendant may to cause the petitioner to be pe. brought up by warrant. 12. Piaintii required to prove his .5. Warrant for that purpose to be) freedom, when. directed to sherifl; what it 13. Judgment of liberation, &c. shall contain. 14. Plaintiff shall not recover da- 6. How and where to be executed. nae. 7. Petitioner brought before court 15. Appeat orwrit of error allowed. or judei pro i o woenpos- 16. Shberiff to collect proceeds of' orpdge, person in whose pos- session he was found to enterhire of petitioner, and loan into recognizance ; condition themoutatinterest. Totake thereof. bond and security, &c. A sheriff's sale is within the statute of frauds. Evans vs. Wilder, 7 issouri Rep., 369 )Evans vs. Ashley, 8 Missouri Rep., 177. it is not necessary that the cobsod- eration of the agreement should be in writing, it may be proved by parol. al s vs. Ilalsa, 8 Missouri Rep., 303. (d) This section is borrowed from the EnTglish code, where it was first enacted in the 9th Vear of George the Cth. It has be~en adopted in the late revised statute., of Maqachusett1, and chancellor Kent, speaking of it, says It wonderfuly relieves the courts, the profession and the country, from the evils of fluctuating and contradictory decisions. Kentps Coin., 2 vol., 489, in note.

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