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of constables of the different counties of the state, and of the
cities of Baltimore, Annapolis and Frederick to make diligent
inquiry, and where they find any free negro or mulatto living
idle, without any visible means of maintenance, or going at
large through their counties or cities without any visible means
of support, to lodge such information with some justice of the
peace of their counties or cities who shall thereupon, on being
satisfied of the truth of the same, issue his warrant, directing
him to apprehend such person or persons, and bring him, her or
them before some judge or justice of such county or city, 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, or mulatto, is an offender under this act, and if it
shall be made appear to the satisfaction of such judge or jus-
tice, that such person is such an offender, then in such case,
such judge or justice is hereby directed, forthwith, to order such
free negro or mulatto to give security for his good behaviour in
a penalty not exceeding thirty dollars, or on default of such
security, to order such free negro, or mulatto, to depart the state
within fifteen days; and such free negro or mulatto, 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, or mulatto, 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 committed, with the
approbation of any two justices of the peace of such county, to
sell such person or persons, to serve for a period of time not
exceeding six calendar months, and the money therefrom aris-
ing, after payment of the charges incurred by such commitment,
to pay over unto the justices of the levy courts of the respective
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counties, for the use of said counties : Provided, That if any
such free negro, or mulatto shall consider himself or herself
aggrieved by the decision of such justice of the peace, the
person so aggrieved thereby shall have the right to appeal there-
from, to the next county court, upon giving reasonable security
for appearing before said court and prosecuting said appeal:
And provided also, that if such negro or mulatto shall within
the said fifteen days, from the date of the said order of the said
judge or justice that such negro or mulatto shall depart this
state, hire him or herself to some responsible citizen of this
state for three months, then and in that case such negro or mu-
latto shall not be compelled to depart in compliance with the
said order. '
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Proviso.
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