2344

LAWS OF MARYLAND.— 1839.

arrest and detention, or upon his or her failure to do so, he or
she shall be committed and sold as herein provided in relation
to those who have incurred the penalty of five hundred dol-

Proviso.

lars ; Provided, that if said negro or mulatto shall not remove
out of the state within five days after he shall have paid the
said sum of twenty dollars, he shall be deemed to have come
a second time into the state, and shall be liable as if he had so
done.

Servants to
stringers
not subject
to this law.

SEC. 2. And be it enacted, That nothing in this act shall be
construed to prevent any white citizen or citizens of any other
state, district or territory, who shall come into this state on a
visit, and not to reside, or who shall be passing through this
state, from bringing with him or them, any free negro or ne-
groes, mulatto or mulattoes, in the capacity of servant or ser-
vants ; Provided, that the said servant shall be and continue in
attendance on such white citizen or citizens, and shall depart
from the state at the same time that said white citizen or citi-
zens shall leave the said state.

Free ne-
groes, with-
out means
of support
and not of
good habits,
may be sold
as slaves
for one
year.

SEC. 3. And be it enacted, That the justices of any magis-
trates' court in the several counties of this state, or of any
orphans court in the said counties in which there is no such
magistrates' court, upon information given to them that any
free negro or negroes, mulatto or mulattoes, male or female,
are residing within the jurisdiction or county in which said
magistrates' court or orphans court are situated, without visible
means of support, shall have power to direct the sheriff or any
constable of said county, to bring before the said magistrates'
court or orphans court, as the case may be, such free negro or
negroes, mulatto or mulattoes, and to summon all necessary
witnesses, to inquire into the condition and habits of such ne-
gro or negroes, mulatto or mulattoes, and if upon examination
the justices of the said magistrates' court or orphans court, as
the case may be, shall be of the opinion that the said free ne-
gro or negroes, mulatto or mulattoes, have not the necessary
means of support, and are not of good and industrious habits,
then they shall issue an order in writing, directed to the sheriff
or any constable of the county, requiring the said sheriff or
constable to proceed forthwith to sell the said negro or negroes,
mulatto or mulattoes, at public sale, to the highest bidder, to
serve in the capacity of a slave, for and during the year in
which said sale shall be made, first giving ten days public

Proviso.

notice of such sale ; Provided, that nothing in this section
contained, shall go into effect until the first of January next ;
And provided also, that every purchaser of any free negro or
negroes, mulatto or mulattoes, by virtue of this act, shall in
addition to the price paid by him for such negro or negroes,
mulatto or mulattoes, find him, her or them, during the term