LAWS OF MARYLAND.—1751. 93
SEC. 9. And be it likewise enacted, That if any slave shall
happen to be slain for refusing to surrender him or herself, con-
trary to law, or in unlawful resisting any officer, or other per-
son, who shall apprehend or endeavor to apprehend such slave
or slaves, and such officer, or other person, so killing such stave
as aforesaid making resistance, shall be, and he is by this act,
indemnified from any prosecution for such killing aforesaid;
and that ill every such case such slave or slaves shall be valued
by two reputable persons, not being of kin to the master or
owner of such slave, upon oath to be administered unto them,
and to be appointed by the then nearest magistrate, 'well and
truly to value what such slave was worth, to the best of their
knowledge, without favour or partiality,' and that the whole
value of such slave or slaves shall be certified by such persons
to such magistrate, and that the same shall be paid to the owner
or owners of such slave or slaves, or to his, her or their order,
by the treasurer of the respective shore of this province on
which the same death happened, upon a certificate from the
said magistrate of the death and value of such slave or slaves,
out of the public stock of this province in the hands of such
treasurer, without fee or reward.
By 1753, ch. 26, the persons so killing shall not hereby be exempted from
undergoing a legal trial, but if it appear upon evidence, that such killing
was done in the lawful execution of this act, then such person shall not
only be acquitted, but also the public of this province shall pay all the costs
and charges of such prosecution. |
Person
killing any
slave in-
demnified,
&c. |
SEC. 10. And be it further enacted. That if any free person
shall entice and persuade any slave within this province to run
away, and who shall actually run away from the master, owner
or overseer, and be convicted thereof, by confession, or verdict
of a jury upon an indictment or information, shall forfeit and
pay the full value of such slave to the master or owner of such
slave, to be levied by execution on the goods, chattels, lands or
tenements of the offender, and in case of inability to pay the
same, shall suffer one year's imprisonment without bail or
mainprise; and that if any white servant shall entice or per-
suade any such slave to run away, and who shall actually run
away, that the offender shall, after the expiration of his time of
servitude, become a servant to the master or owner of such
slave for and during the term of four years, or satisfy and pay
to the master or owner the value of such slave, to be adjudged,
in either case, at the trial, by the court before whom the fact
shall be tried, and that the fact may be tried either in the
county where the offences shall be committed, or where the
offender or offenders shall be taken or apprehended.
The punishment is enlarged by 1827, ch. 15, and extended to free negroes.
SEC. 11. Superseded by the laws providing for the publication of the acts
of assembly. |
Penalty for
enticing
slaves to
run away,
&c. |
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