| 1817.
CHAP. 227. |
LAWS OF MARYLAND.
house, contrary to the provisions of this law, the person or persons
so offending, shall forfeit and pay for every such offence, the sum
of fifty dollars, the one half to the informer, and the other half to
the said county, in case such negro or mulatto was free, and the
one half to the informer, and the other half to the master, mistress
or owner, in case such negro or mulatto was a servant or slave at
the time the offence was committed, to be adjudged and recovered,
on indictment and conviction, or confession of the party accused,
in the county court of the said counties. |
If unable to pay
may be confined
in gaol. |
3. AND BE IT ENACTED, That if on the conviction
aforesaid,
the person or persons so convicted, shall fail or be unable to pay
the fine aforesaid, the county court shall, in their discretion, order
the said person or persons so convicted, to be confirmed in the public
gaol in the county, for a term not exceeding three months. |
What shall be evidence
to convict. |
4. AND BE IT ENACTED, That in all prosecutions
that may hereafter
be had under the aforegoing provisions of this law, it shall be
proved to the satisfaction of the petit jury, who shall try the issue
joined, that a free negro or mulatto, or a negro or mulatto servant
or slave, was in any store, or other house as aforesaid, within the
time prohibited by this law, such evidence shall be sufficient to establish
the fact, that such negro or mulatto was suffered and permitted
to be there by the possessor and occupier of such store-house,
or other house, unless he, she or they, shall be able to show,
by credible testimony, that he, she or they, or his, her or their
agents or clerks, did not know that such negro or mulatto was in
such store-house, or other house, or knowing the same used all necessary
means to remove forthwith such negro or mulatto from
such store-house or other house. |
Penalty for receiving
goods from negroes.
Proviso. |
5. AND BE IT ENACTED, That any person who
shall, after the
first day of May next, in the counties aforesaid, receive from any
negro or mulatto any goods, chattels, or personal property, shall be
considered as dealing with such negro or mulatto, and subject to
the like pains and penalties, to be recovered in like manner; Provided
always, that it shall be lawful to receive of a negro or mulatto,
goods, chattels, or personal property, in such cases, and under
such circumstances, as by the laws now in force such goods,
chattels, or personal property, might be bought of a negro or mulatto,
but in none other. |
Permits to be examined,
&c. |
6. AND BE IT ENACTED, That in all cases where
application
shall hereafter be made for a license or permit to retail liquors in
the counties aforesaid, it shall be the duty of the court or judge,
as the case may be, and in those counties where no judge resides it
shall be the duty of the clerks of said counties, to inquire and examine
whether the said license or permit is intended to be used for
the use and benefit of the person or persons only in whose name or
names the same is applied for, or for the use or benefit of any other
person or persons, and the said court or judge, or clerks, as the case
may be, may in their discretion examine, upon oath or affirmation, as
the case may be, the person or persons in whose name the said license
or permit is applied for, whether the same is intended for his, her,
or their own use, or for the use and benefit of any other person or
persons, and if it shall appear on such inquiry and examination,
that the said license or permit is intended for the use or benefit
of
any other person or persons, then it shall not be lawful to grant
the same. |
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