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JOHN EAGER HOWARD, Esq; Governor.
entitled, An act to prevent the tumultuous meeting and other irregularities
of
negroes and other slaves, and directing the manner of trying slaves,
the said
justices shall pass sentence of death only, or they may, in their discretion,
adjudge
such slave to serve and labour for such time as they may think proper,
not
exceeding fourteen years for the same crime, on the public roads of
Baltimore
county, or in making, repairing, or cleaning the streets or bason of Baltimore-town;
and if any slave shall be adjudge to serve and labour agreeably to this
act, or if any servant shall be so adjudged for any offence not punishable
with
death, the said justices shall, immediately on conviction and condemnation,
value
such slave, or the time of such servant, and enter the same in their proceedings,
and such value shall be assessed and collected with the county assessment,
and
paid to the owner of such slave or servant; and if any slave or servant
adjudged
to serve and labour according to this act shall survive his time of conviction,
such slave or servant shall, immediately on the expiration thereof, be
sold at
auction by the order of any two or more of the said justices, and the money
arising from the sale shall be applied to the use of the county; provided
always,
that such servant shall not be sold for a longer time than shall remain
unexpired
of his or her servitude at the time of his or her being so adjudged. |
1789.
CHAP.
XLIV. |
XIV. And be
it enacted, If any male or female criminal shall run away before
the time they shall be fully expired for which such criminal shall be convicted
and adjudged, the time of service and labour of such criminal shall be
extended
by the said justices, not exceeding one year, for every time such criminal
shall
run away. |
Criminals
running away
to serve therefor,
&c. |
XV. And be it
enacted, If any criminal shall actually serve and labour the
full time appointed, such service and labour shall have the effect of a
pardon,
to all intents and purpose, for the crime for which such criminal was convicted. |
Time served
out, deemed a
pardon, &c. |
XVI. And be
it enacted, If any person committed for non-payment of any
penalty, fine or forfeiture, shall remain in prison above thirty days,
and shall not,
within that time, enter into recognizance, with such security as any one
of the
said justices may approve, for payment of such penalty, fine or forfeiture,
and
costs, within six months thereafter, that it shall be lawful for the sheriff
of the
said county to sell such person at auction as a servant, for a term not
exceeding
one year, or such less time as will produce the penalty, fine or forfeiture,
and
costs, or, if so directed by any two of the said justices, for any term
not exceeding
two years, or such less time as will produce the penalty, fine or forfeiture,
and costs, and the money arising from the sale shall be applied to the
payment
of such penalty, fine or forfeiture, and costs. |
Persons committed
for
thirty days, to
be sold, &c. |
XVII. And be
it enacted, That the said justices, or any three or more of
them, in court sitting, shall have concurrent jurisdiction with the county
court
of the said county to hear and determine all complaints between masters,
servants
and apprentices, and any order by the said justices in such cases may be
removed to the general court. |
Justices to
have concurrent
jurisdiction,
&c. |
XVIII. And be
it enacted, If any security in any recognizance shall request
to surrender up the principal, it shall be lawful for any one of the said
justices
to accept such surrender in or out of court, and he shall thereupon require
and
take other recognizance, or commit the principal to gaol until he give
such security
as the law requires. |
Security may
surrender the
principal, &c. |
XIX. And be
it enacted, That the governor and the council be requested to
discharge or remit no penalty, fine or forfeiture, or forfeited recognizance,
unless
on condition that the fees on the said forfeited recognizance, and on the
prosecution
in which the forfeiture shall be incurred, shall be paid. |
Governor, &c.
not to discharge,
&c. |
XX. And be it
enacted, That any person presented or indicted may submit to
the court, and shall not be compelled to the expences of a trial by jury;
provided
that such submission shall always be deemed so far an admission of the |
Persons presented
may
submit, &c. |
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