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Bacon's Laws of Maryland
Volume 75, Page 703   View pdf image (33K)
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I    N    D    E    X.

 
SERVANTS.

    14.  Any Woman Servant, suffering herself to be
got with Child by a Negro, or other Slave, or by any
Free Negro, shall, after the Time of her Servitude, and
Satisfaction for Damage, become a Servant again for
Seven Years, and her Time to be disposed of by the
County Court.--Any White Man Servant, begetting
any Negro Woman with Child, shall undergo the
same Penalty.--And the Children, so begotten, shall
become Servants till they arrive at the Age of Thirty-one
Years.  Ibid.  §. 26-28.

    15.  Bastard-bearing Servant Women, not being able
to prove the Father, shall satisfy Damages by Servitude,
or otherwise:  But, if he prove the Charge,
then the Father, if a Servant, shall pay half Damages:
--If a Freeman, he shall satisfy the whole Damage by
Servitude, or otherwise, as the Court shall think fit.--
If such Freeman cannot be brought to Justice, she
shall satisfy the whole, as if no such proof had been
made.--If a Promise of Marriage be Proved against
such Freeman, he shall be at his Choice either to perform
such Promise, or recompence her Abuse, as the

Court shall adjudge.  Ibid.  §. 29, 30.
    16.  The Provincial and County Courts are impowered
to hear and determine any Complaints between
Masters and Servants, by Way if Petition;
and give Judgment, and award Execution thereon.
And no such Judgment shall be reversed, on Appeal,
or Writ of Error, for want of Process, Jury, Form,
&c. unless it appear by the Record that the Defendant

was not summoned, or not heard.  And all other Disputes
between Masters and Servants, relating to Indentures,
Contracts, Wages, &c. are determinable by
Petition as aforesaid.  Ibid.  §. 31, 32.
    17.  Servants, feloniously taking or purloining their
Master's Goods, under the Value of 1000 lb Tobacco,
shall be adjudged Felony. And such Servant, on Conviction,
shall be adjudged to pay fourfold by Servitude,

and also be Whipped and Pillor'd.  Ibid.  §. 34.
    18.  Persons conveying any Servants out of the Province,
shall satisfy such Damage to the Owners of
such Servants, as the Court shall think fit. 1715,
ch. 19, §. 3.
    19.  Persons transporting or conveying any Persons
over Susquehanna River, or any part of the Bay above

the North Side of Sassafras River, on the Eastern
Shore, or over Patowmack or Pocomoke Rivers, in to Virginia,
without a Pass, or Certificate under the Hands
of Two County Justices, and the County Seal, that
they are Free-men, &c. shall be answerable to the
Masters or Owners of such Servants for all Damages.
Ibid.  §. 4.
    20.  Persons inticing, transporting, or secretly carrying
or sending away out of this Province, any Apprentice,
or other Servants or Slaves, shall forfeit to 
the Employer or Owner, treble the Damages and Costs
for the Time of such Apprentice, or other Servant or
Slave.  Ibid.  §. 5.
    21.  All Fees, due on the Prosecution of Imported
Servants, at the Suit of the Proprietary, shall be paid
by the Owners of such Servants:  Which Owners (unless

in case of Conviction and Execution for Capital
Offences) shall have Recompence for such Fees, by
such Servitude, not exceeding Three Years, as the
County Court shall think proper, if such Servant cannot
make Payment otherwise.  1727, ch. 2, §. 2, 3.
    22.  Bastard Children of Women Servants shall be
maintained by the master or Owner of such Servants,
during the Mother's Servitude.  And, if the Father is
unknown, or incapable to make Satisfaction, the Mother
shall be adjudged to make Recompence by Servitude,
or otherwise.--But, if the Father be a Resident,
of Ability to maintain the Child, and convicted of
begetting the same, the County Court may oblige him
to maintain it.  Ibid.  §. 4-6.
    23.  Imported Servants, committing Offences punishable
by Imprisonment, shall serve their Owners
Day for Day, and no more, which their Owners shall

SERVANTS.

lose of their Service by such Imprisonment.  1750,
ch. 5, §. 1.
    24.  Such Servants being fined for Breach of the
Peace, their Owners shall pay the Fine, and the Servants
shall make Satisfaction for the same, by Service
or otherwise, at the Expiration of their first Time of
Servitude.  Ibid.  §. 2.

    25.  The several County Courts, where the Case
shall happen, shall determine any Disputes which may
arise between Owners and their Servants, in the above
Cases, and adjudge them according to this Act.  Ibid.
§. 3.
    See Convicts, per Tot.  Country Bottoms, 2, 7.
        Freedom Dues,
per Tot.  Guardians, 13.  Harbourers
        of Servants and Slaves,
per Tot.  Indians,

        6.  Ingrossers, 1, 3.  Masters of Ships, 3-5.
        Militia,
4.  Mulattoes, 1.  Musters, 4.  Negroes,
        3-6, 33, 47.  Runaways, per Tot.
        Tobacco Inspected,
5.
SERVITUDE.  See Criminal Fees, 1, 4.  Harbourers
    of Servants and Slaves,
5.  Indians, 6.  Marriage, 13.

    Negroes, 3-6, 33, 47.  Runaways, 3, 4.  Servants,
    2, 7-11, 13, 15, 21, 22, 24.  Thieving, 3, 4.
SHEEP.  See Annapolis, 3.  Guardians, 7.

SHERIFFS.

    1.  Copies of the Acts passed in each successive Assembly,
shall be sent, by Writ under the Great Seal,

to the Sheriff of each County, directing them to publish
them at their next County Court; and then to be

lodged with the County Clerk.  1715, ch. 25, §. 1.
    2.  Sheriffs shall collect the Amerciaments with the
Levy, and have Power to Distrain, or Levy the same,
by Way of Execution.  1715, ch. 41, §. 1..; and
1722, ch. 22, §. 1.
    3.  How the Sheriff shall proceed on Attachments.
See Attachments, 3-7.
    4.  No Sheriff, or his Deputy, shall plead as an Attorney
in the Court wherein he bears Office, on Penalty
of 3000 lb Tobacco.  1715, ch. 41, §. 9.
    5.  The Sheriff shall deliver the Appointment of Constables
to the several Persons appointed, or leave the same

at their usual Places of Abode, within Ten Days after
receiving the same from the County Clerk, on Penalty
of 20 Shillings Currency for each Neglect.  1752,
ch. 7, §. 2.
    7.  Constables shall deliver fair Lists of the Taxables
in their several Hundreds, to the Sheriff, by the 1st
August, yearly:  And the Sheriff shall return a fair Copy
of the List of Taxables in the County, to the Secretary's
Office by the 20th of September.  1719, ch. 12,
§. 5, 6.
    8.  For the Sheriff's Duty with Regard to Elections;
see Delegates, 4, 6, 10-13.
    9.  How to proceed on Writ of Fieri facias; see
Fieri facias, per Tot.
    10.  The Sheriff shall deliver the Warrants to the
several Overseers of Roads appointed by the Court, ex
Officio
, on Penalty of 1000 lb Tobacco in Cask:  And is
impowered to levy, by Way of Execution, all Fines on

Persons not appearing, when Warned, on the Highways,
&c. of which a List shall be given him by the
County Clerk.  See Highways, 7, 9.
    11.  Sheriffs shall forward the Signification of Inspectors
refusing to serve, &c. to the Clerk of the
Council, in like Manner as Public Letters are to be
forwarded.  1763, ch. 18, §. 42.
    12.  In what Manner Jurors shall be summoned to
the Provincial and County Courts.  See Jurors, 1, 2.
    13.  For the Sheriff's Duty with respect to Public

Letters; see Letters Public, 1, 4.
    14.  The Sheriff shall not be allowed any Fee for
executing for Public or County Levies.  1724, ch 21,
§. 2.



 
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Bacon's Laws of Maryland
Volume 75, Page 703   View pdf image (33K)
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