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Bacon's Laws of Maryland
Volume 75, Page 690   View pdf image (33K)
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I    N    D    E    X.

 
NEGROES.

    12.  No Persons shall be deemed Inhabitants of this
Province, so as to reap the Benefit of the Laws as
such, but such as have actually lived within the Province
for Three Years, the Privilege allowed by this
Act excepted.  Ibid.  §. 4.
    13.  No Persons importing any Servants or Slaves,
shall be liable to pay Duty for such of them as shall
die, or be exported before Sale:  Provided such Death
or Exportation shall happen within Three Months after
such Importation; and that the Owner make Oath
before the Naval Officer, that such Servants or Negroes,
so exported or dead, are Part of those Imported
or made Entry of.  1735, ch. 6, §. 1, 2.
    14.  For Prevention of Frauds, by Non-Residents
importing Negroes from Pennsylvania, Virginia, or other
Provinces; every Person in whose Custody such
Negroes shall be found, shall be deemed the Imported,
and be liable to pay the Duties to the Naval Officer,
under the Penalties inflicted by the Acts of 1715, ch. 36;
and 1717, ch. 10, (see above, Art. 8 and 9,) for Concealment.
Ibid.  §. 3.
    15.  All Persons importing Negroes by Land or Water,
into this Province, shall, at the Time of Entry,
pay to the Naval Officer 2 l. Current Money, over

and above the Duties now payable by Law, (viz. Art.
8 and 9 above,) for every Negro so imported or
brought in, to be applied to the Use of the County
Schools; on Forfeiture of 10 l. Current Money, for
every Negro so brought in, and not paid for.  One
Half of which Penalty to the Informer, the other Half
to the Use of the County Schools:  Which Duty shall
be collected, accounted for, and paid, by the Naval
Officers, in the same Manner as the former Duties upon
Negroes, &c.  1763, ch. 28, §. 1.
    16.  But Persons removing from any other of his

Majesty's Dominions, in order to settle and reside within
this Province, may import such Negroes as they
shall be possessed of, for carrying on their proper Occupations
at the Time of their Removal, Duty free.
Ibid.  §. 2.
    17. Importers of Negroes, exporting the same within
Two Months from the Time of their Importation,
on Application to the Naval Officer, shall be repaid the
aforesaid Duty.  Ibid.  §. 3.
    18.  No Negro or Mulatto Slave, Free Negro, or
Mulatto born of a White Woman, during the Time
of Servitude by law, shall be received as Evidence in
any Cause wherein any Christian White Person is concerned.
1717, ch. 13, §. 2.
    19.  Yet, where other sufficient Evidence is wanting,
they may be admitted at the Discretion of the 
Court, as Evidence against any Negro, or Mulatto
Slave, Free Negro, or Mulatto born of a White
Woman, during the Time of Servitude by Law,
where such Testimony doth not extend to Deprivation
of Life or Member.  Ibid.  §. 3.  But see below, Art. 39,
40 and 41.
    20.  For preventing and concealing of Capital Crimes
committed by Slaves, and the conveying them away
from Justice by their Owners:  Where any Negro or
Mulatto Slave, or Mulatto born of a White Woman,
during the Time of Servitude by Law, or Indian Slave,
shall be capitally Convicted, the Court shall immediately
value such Negro, &c.  And Three Fourths of
such Value shall be paid to the Owner out of the Public

Levy.  Ibid.  §. 4.  (But see below, Art. 42, 45
and 48; whereby the full Value shall be paid to the Owner.
    21.  To prevent Charges to the Owners of Slaves,
by Trials in the County Courts, any Slave charged
with Pilfering or Stealing, may be brought before a
single Magistrate; who, on Proof thereof, may award
such Punishment by Whipping, according to the Nature
of the Crime, as he shall think fit, not exceeding
Forty Lashes.  Ibid.  §. 6.
    22.  For preventing the tumultuous Meetings, &c.
of Slaves, the several County Courts are required,
yearly, in November Court, to appoint the Constable of

NEGROES.

every Hundred, where they think it expedient, to suppress
the tumultuous Assembling of Slaves.  1723,
ch. 15, §. 2.
    23.  Every Constable, so appointed, shall repair once
a Month, to all suspected places within his Hundred;
and, if he find any Slaves, (except such as belong to
the Owner of the Place) without a Licence under their
Owner's or Overseer's Hand, shall Whip every such
Negro on the bare Back, at his Discretion, not exceeding
Thirty-nine Stripes.  Ibid.
    24.  For enabling the Constable to put this Act in
Execution, he may require as many Persons as may be
necessary, to repair with him to such Places:  Every

Person so required, and refusing, shall forfeit 100 lb
Tobacco; and all White Persons present shall aid such
Constable, on Penalty of 100 lb Tobacco:  One Half
to the County, the other Half to the Informer.  Ibid.
§. 3.
    25.  All Slaves belonging to the Owner of the Place,
if required, shall aid the Constable, on Penalty of each
receiving Thirty-nine Stripes on the bare Back.  Ibid.
    26.  Every Constable, so appointed, shall be allowed
500 lb Tobacco in the County levy.  Ibid.  §. 4.
    27.  Any Negro, or other Slave, convicted before a
single Magistrate of striking any White Person, such
Magistrate may cause one of the offending Slave's
Ears to be Cropt.  Ibid.
    28.  The Owner of any Plantation may warn any
strange Negro, or other Slaves, (not sent by their
Owners on lawful Occasions) to be gone to their Owners;
and, on Refusal or Delay so to do, may correct
such Slave by Whipping, not exceeding Thirty-nine
Lashes.  Ibid. §. 5.
    29.  Any Persons encouraging Negroes to meet in
Companies on their Plantations, (unless on lawful Occasion)
shall forfeit 1000 lb Tobacco to the Use aforesaid.  Ibid.
    30.  Owners, suffering any of their Slaves to keep
any Horses or Mares, or to raise any Cattle or Hogs,
as the proper Right of such Slaves, shall forfeit 500 lb
Tobacco; and all such Horses, &c. shall likewise be
forfeited.  One Half to the Informer, the other to the
Use aforesaid.  Ibid.  §. 6.
    31.  Runaway, out-lying Slaves, refusing to surrender
themselves, or making Resistance against Persons
legally impowered to take them up, may be shot,
killed, or destroyed by such Persons.  Ibid.  §. 7.  See 
below,
Art. 44 and 45.
    32.  This Act shall be read in every County Court,
by the Sheriff, or his Deputy, on Forfeiture of 500 lb
Tobacco for every Omission.  One Half to the Use of
the County, the other to the Informer.  Ibid.  §. 8.
    33.  Free Mulatto Women, and their Bastard issue,
shall be subject to the same Penalties as White Women
and their Issue are, for having Mulatto Bastards, by the
Act of 1715, ch. 44.  (See above, Art. 3 and 4.) Free
Negro Women, having Bastards by White Men, and
their Issue, shall be subject to the same Penalties; and
the Proceedings hereon shall be the same as prescribed
in that Act.  1728, ch. 4.
    34.  Any Negro, or other Slave, convict of Petit-Treason,
Murder, or wilfully burning of Dwelling-houses,
shall have Judgment to have the Right Hand 
cut off, to be hanged, quartered, and the Head and
Quarters set up in the most public Places of the County.
1729, ch. 4, §. 1.
    35.  Persons stealing any Negro, or other Slave, or
who shall counsel, hire, aid, or abet, or command any
Person to commit the same, or who shall be accessory
to the said Offence; on Conviction, Outlawry, standing

Mute, or peremptorily Challenging above Twenty,
shall suffer Death without Benefit of Clergy.  1737,
ch. 2, §. 4.
    36.  The full Value to be adjudged by the Court, of
any condemned Slave, who shall either be actually executed,
or die after Condemnation, under Confinement
in Order for Execution, shall be paid to the Owner by

N



 
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Bacon's Laws of Maryland
Volume 75, Page 690   View pdf image (33K)
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