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party aggrieved shall recover damages in an action on the case
against such offender or offenders, and such offender or offen-
ders also shall be liable, upon indictment and conviction upon
verdict, confession or otherwise, in this state, in any county
court where such offence shall happen, be fined a sum not
exceeding two hundred dollars, at the discretion of the court,
one-half to the use of the master or owner of such slave, the
other half to the county school, in case there be any, if no such
schod, to the use of the county.
By 1818, ch. 157, sec. 2, offenders against the prohibitions of this act,
are to be sentenced to the penitentiary.
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Slaves sell-
ing liquor
may be
apprehend-
ed, &c.
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SEC. 20. And be it enacted, That any slave selling liquor, or
keeping entertainment at any muster ground, horse-race, or
other public place whatever, without the orders or permission of
his or her owner in writing, shall be liable to be apprehended
and punished, in the discretion of any justice of the peace, not
exceeding twenty stripes; that upon the information, on oath or
affirmation, as the case may be, of any credible person, to any
judge, associate justice, or justice of the peace of any county of
this state, that any free negro, mulatto or other person, is found
living idle, without any visible means of maintenance, or going
at large through such county, and without any visible means of
subsistence, such judge or justice is hereby authorized and
required to issue his warrant to any constable of his county,
directing him to apprehend such person or persons, and bring
him, her or them, before some judge or justice of such county ;
and upon the return of any such warrant, such judge or justice
before whom the same shall be returned, is hereby authorized
and empowered to inquire, by all lawful means, whether such
free negro, mulatto or other person, is an offender under this
act, and if it shall be made appear, to the satisfaction of such
judge or justice, that such person is such an offender, then in
such case such judge or justice is hereby directed forthwith to
order such free negro, mulatto or other person, to give security
for his good behaviour, in a penalty not exceeding thirty dol-
lars, or on default of such security, to order such free negro,
mulatto or other person, to depart the state within five days ;
and such free negro, or mulatto or other person, refusing to
comply with this act, or after leaving this state shall again
return within six months, may be again taken up and carried
before some judge or justice of the peace, who may commit the
said free negro, mulatto or other person, to the common gaol of
the county; and in case such person or persons, so committed,
shall not, within twenty days thereafter, pay his or her prison
charges, it shall and may be lawful for the sheriff of such
county wherein such person or persons shall have been com-
mitted, with the approbation of any two justices of the peace of
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