64 LAWS OF MARYLAND.—1723.
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the owner of such place, not having a license under their owner
or overseer's hand, that it shall and may be lawful for the con-
stable, and he is, by this act, required to whip every such negro
on the bare back, at his discretion, not exceeding thirty-nine
stripes.
Constables are now appointed by the levy court, 1794, ch. 53, sec. 8. |
May press
assistance,
&c. |
SEC. 3. And, to the end that every constable may be enabled
to put this act in due execution, Be it enacted. That it may be
lawful for the constable to require as many persons as may be
necessary to repair with him to such places, and that every per-
son that shall be so required, and shall refuse, shall forfeit one
hundred pounds of tobacco, to be recovered and applied as here-
after expressed; and all white persons (being free) that shall be
present, shall aid and assist such constable, on pain of forfeiting
one hundred pounds of tobacco to the lord proprietor, one-half
to the use of the county, and the other to the informer, on being
convict by the oath of the constable, or other lawful witness, or
confession of the party before any magistrate; and that all
negroes and other slaves, belonging to the owner of the place
where such assembly shall be, if required, shall aid and assist
the constable in putting this act in execution, on pain of being
whipped, each of them, with thirty-nine stripes on the bare back. |
Their
allowance,
&c. |
SEC. 4. And be it enacted. That every constable that shall be
appointed to put this act in execution, shall be allowed five hun-
dred pounds of tobacco in the county levy; and, if it shall so
happen, at any time, that any negro or other slave shall strike
any white person, it shall and may be lawful, upon proof made
thereof, either by the oath of the party so struck, or otherwise,
before any justice of the peace, for such justice to cause one of
the negro's or other slave's ears so offending, to be cropt.
See 1806, ch. 81, sec. 3, by which the constable must produce a certifi-
cate of his fidelity in discharge of this duty, before he can claim the allow-
ance. The punishment to be inflicted by this section, is repealed by 1821,
ch. 240, and punishment by whipping is substituted therefor. |
Persons
may warn
strange
slaves, &c. |
SEC. 5. And be it likewise enacted. That the owner of any
plantation or plantations, that shall, at any time, discover any
strange negro or other slaves upon any of their plantations,
unless they are sent by their owners on lawful occasions, and
shall warn such negroes or other slaves to be gone home to
their masters or owners; any negroes or other slaves refusing or
delaying so to do, it shall and may be lawful for the owner of
such plantation to correct such negro by whipping, not exceed-
ing thirty-nine lashes; and any person that shall willingly
encourage any negro or other slaves to meet in companies on
their plantations, unless on lawful occasions, shall forfeit and
pay for every such offence one thousand pounds of tobacco to
the use aforesaid, to be recovered as aforesaid. |
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