343

LAWS OF MARYLAND.— 1796.

The attor-
ney to pay
costs m
certain
eases, &c.

trial the judgment be against such petitioner or petitioners, the
attorney prosecuting or appearing to the same shall pay all legal
costs arising thereon, unless the court, before whom the same
may be brought, shall be of opinion, under all circumstances,
that there was probable ground to suppose the said petitioner or
petitioners had a right to freedom; and that in all cases of peti-
tions for freedom now depending in any court of law in this
state, except on appeal, where a similar petition or petitions, at
the suit of the same party or parties, has or have been before
filed and dismissed, the court before whom such petition or
petitions are depending shall order a stay of all proceedings
until the costs of the former petition or petitions, and all reasona-
ble demands and expenses, sustained or incurred by the defen-
dant or defendants therein, to be ascertained by the court, shall
have been paid or secured to be paid.

If not paid,
defendant
to be dis
charged,
&c.

SEC. 26. And be it enacted, That in case the said costs,
damages and expenses, shall not be paid within six months
after the court shall have ordered a stay of proceedings, and
ascertained the said damages and expenses as aforesaid, the
defendant or defendants in such petition or petitions, so as afore-
said depending, and his, her or their securities, shall be dis-
charged from any recognizance by him, her or them, entered
into, in consequence of such petition or petitions being filed,
and the said petition shall be forthwith dismissed.

Court may
order a stay

&c.

SEC. 27. And be it enacted, That if any petition for freedom
shall hereafter be filed in any court of law in this state, and dis-
missed, and a second petition filed at the suit of the same party,
the court in which such second petition may be filed shall order
a stay of all proceedings until the costs of the former petition,
and all reasonable damages and expenses sustained or incurred
by the defendant or defendants therein, to be ascertained by the
court, shall have been paid or secured to be paid.

Act to be
given in
charge, &c.

SEC. 28. And be it enacted, That it shall be the duty of the
several county courts of this state to give this act in charge to
the several grand juries of their respective counties.

Healthy
slaves may
be manu-
mitted, &c.

SEC. 29. And be it enacted, That where any person or per-
sons possessed of any slave or slaves within this state, who are
or shall be of healthy constitutions, and sound in mind and body,
capable by labour to procure to him or them sufficient food and
raiment, with other requisite necessaries of life, and not exceed-
ing forty five years of age, and such person or persons possess-
ing such slave or slaves as aforesaid, and being willing and de-
sirous to set free or manumit such slave or slaves, may, by
writing under his, her or their hand and seal, evidenced by two
good and sufficient witnesses at least, grant to such slave or
slaves his, her or their freedom ; and that any deed or writing,
whereby freedom shall be given or granted to any such slave,