LAWS OF MARYLAND.— 1796.

339

victed of any of the breaches assigned by verdict, confession or
otherwise, the judgment of the court shall be rendered for the
penalty and costs of suit, and the same may be recovered by
any process of execution, and one-third of the penalty shall be
applied to the use of the prosecutor, and the remainder to be
applied as a fund for the county school, if any, if not, to the use
of the county in which such conviction shall happen, and the
name of the person prosecuting such recognizance shall be
endorsed upon the original writ, and such person shall be
answerable for the fees and costs ; provided, that if any slave
or slaves shall run away or abscond from the service of their
master, mistress, owner or owners, contrary to the will of such
master, mistress, owner or owners, such running away and
absconding shall not be construed, deemed or taken, to be
a departing and remaining at large within the meaning of
this act
See 1817, ch. 104.

:

SEC. 18. And be it enacted. That in all cases where certifi-
cates from a clerk of any court, or from any judge or magis-
trate, have heretofore been granted, or may hereafter be granted,
to free negroes or mulattoes, if such negro or mulatto shall
hereafter give or sell such certificate to any slave, by which
means such slave may be enabled to abscond from the service
of his master or owner, and personate the grantee of such certi-
ficate, 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 convic-
tion 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.

Free ne-
groes, &c.
not to give
or sell their
certificates,
&c.

SEC. 19. 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

Persons
giving a
pass, &c.
subject to
damages,
&c.