LAWS OF MARYLAND.—1748. 89
absenting him, her or themselves from his, her or their master,
owner or overseer, or permit or suffer them to be about their
houses or plantations, during the space of one hour, or longer,
such person or persons, so entertaining such servant or servants,
slave or slaves, or permitting or suffering them to be about
their houses or plantations, shall forfeit and pay at the rate of
one hundred pounds of tobacco for every hour each servant or
slave shall be by him, her or them, so entertained, or permitted
of suffered to be about his, her or their house or plantation as
aforesaid, to be recovered in a summary way before a single
magistrate, with costs, if the penalty does not exceed six hun-
dred pounds of tobacco, and if it docs exceed six hundred
pounds of tobacco, then to be recovered by action of debt, bill
of indictment, plaint or information, in the county court where
the offence shall be committed, wherein no essoin, protection,
wager of law, or above one imparlance, shall be allowed, the
one-half whereof shall be applied to the use of the public school
of the county wherein such forfeiture shall happen, and the
other half to the party grieved, provided he or she shall prosecute
for the same within three months next after the offence com-
mitted, otherwise to the informer, or him or them who shall sue
for the same, provided such suit be commenced within twelve
months after such offence committed.
Sec 1818, ch. 157, sec. 2. |
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SEC. 3. And be it further enacted, That if it shrill appear to
any magistrate before whom any conviction for breach of this
act shall be had, that the offender is unable to pay or give good
security for the penalty aforesaid, it shall and may be lawful for
such magistrate to punish such offender, by whipping on the
bare back with such number of stripes, not exceeding thirty-
nine for any one offence, as to him shall seem meet, and to
require security for the good behaviour of such offender for and
during the term of six months then next following. |
In default
of payment,
offenders to
be punished
&c. |
See. 4. And be it further enacted, That if any servant or
slave shall wittingly or willingly harbour or entertain any other
servant or servants, slave or slaves, unlawfully absent from his,
her or their master, owner or overseer, for and during the space
of one hour, or longer, it shall and may be lawful for any
magistrate, and he is hereby required, upon complaint to him
made, immediately to issue his warrant against such servant or
slave so harbouring or entertaining as aforesaid, and upon
satisfactory proof of such harbouring or entertaining, to punish
the offender or offenders, by whipping with such number of
stripes on the bare back as to him shall seem proper, not exceed-
ing thirty-nine for any one offence.
This was enacted into a permanent law by 1798, ch. 71.
12 |
Servants
harbouring
others to be
punished,
&c. |
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