| 1796. |
LAWS of MARYLAND.
|
CHAP.
LXVII.
Free negroes,
&c. not to
give or sell
their certificates,
&c.
|
XVIII. And
be it enacted, That in all cases where certificates from a clerk
of
any court, or from any judge or magistrate, have heretofore been granted,
or
may hereafter be granted, to free negroes or mulattoes, of such negro
or mulatto
shall hereafter give or sell such certificate to any slave, by which
means such slave
may be able to abscond from the service of his master or owner, and
personate
the grantee of such certificate, it shall and may be lawful for the
master or
owner of such slave to have remedy against such free negro in any court
of law
in this state, and the court before whom such free negro may be tried
shall have
full power and authority, upon conviction by the verdict of a jury,
or upon confession
or otherwise, to fine such free negro or mulatto a sum not exceeding
three
hundred dollars, in the discretion of the court, one half to the use
of the master
or owner of such absconding slave, the other half to the county school,
in case
there be any, if no such school, to the use of the county; and in case
the said
fine shall not be paid, or secured to be paid, within thirty days,
then and in
such case the said court may adjudge such free negro to be sold, at
public vendue,
for such a term as the said court may deem just and proper, not exceeding
seven
years, and the money arising from such sale shall be paid to the person
or persons
whose slave shall have absconded by means of such certificate. |
Persons giving
a pass, &c.
subject to damages,
&c. |
XIX. And be it enacted,
That any person or persons who shall hereafter be
convicted of giving a pass to any slave or person held to service,
or shall be
found to assist, by advice, donation or loan, or otherwise, the transporting
of
any slave, or any person held to service, from this state, or by any
other unlawful
means depriving a master or owner of the service of his slave, or person
held
to service, for every such offence the party aggrieved shall recover
damages in an
action on the case against such offender or offenders, and such offender
or offenders
also shall be liable, upon indictment and conviction upon verdict,
confession
or otherwise, in this state, in any county court where such offence
shall happen,
be fined a sum not exceeding two hundred dollars, at the discretion
of the
court, one half to the use of the master or owner of such slave, the
other half
to the county school, in case there be any, if no such school, to the
use of the
county. |
Slave selling
liquor may be
apprehended, &c. |
XX. And be it enacted,
That any slave selling liquor, or keeping entertainment
at any muster ground, horse race, or other public place whatever, without
the orders or permission of his or her owner in writing, shall be liable
to be apprehended
and punished, in the discretion of any justice of the peace, nor exceeding
twenty stripes; that upon the information, or oath or affirmation,
as
the case may be, if any credible person, to any judge associate justice,
or justice
of the peace of any county of this state, that any free negro, mulatto
or other
person, is found living idle, without any visible means of maintenance,
or going
at large through such county, and without any visible means of
subsistence, such
judge or justice is hereby authorised and required to issue his warrant
to any constable
of his county, directing him to apprehend such person or persons, and
bering him, her or them, before some judge or justice of such county;
and upon
the return of any such warrant, such judge or justice, before whom
the same
shall be returned, is hereby authorised and empowered to inquire, by
all lawful
means, whether such negro, mulatto or other persons, is an offender
under
this act, and if it shall be made appear, to the satisfaction of such
judge or justice,
that such person is such an offender, then in such case such judge
or justice
is hereby directed forthwith to order such free negro, mulatto or other
person, to
give security for hs good behaviour, in a penalty not exceeding thirty
dollars, or
on default of such security to order such free negro, mulatto or other
person, to
depart the state within five days; and such free negro, or mulatto
or other person,
refusing to comply with this act, or after leaving this state shall
again return within
six months, may be again taken up and carried before some judge or
justice of
the peace, who may commit the said free negro, mulatto or other person,
to the
common gaol of the county; and in case such person or persons, so committed,
shall not, within twenty days thereafter, pay his or her prison charges,
it shall
and may be lawful for the sheriff of such county wherein such person
or persons
shall have been committed, with the approbation of any tow justices
of the |
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