1790.
CHAP.
IX. |
LAWS of MARYLAND.
to provide necessary and sufficient food, cloathing, covering or dwelling,
for such
or disabled slave or slaves, or shall suffer any such slave or slaves
to depart from
their respective habitation or quarter, and wander or remain at large,
begging or
becoming burthensome to the respective neighbourhoods, or to other
persons, it
shall be lawful for the justices of the county courts where the master,
mistress,
owner or owners, of such slave or slaves shall reside, and they are
hereby
required, upon the complaint or information of any credible person,
(such complaint
or information being supported by oath or affirmation,) to cause such
complaint
or information to be minuted among their proceedings, and thereupon
to
issue their warrant to the sheriff of their county against such master,
mistress,
owner or owners, of such slave or slaves, thereby to cause such master,
mistress,
owner or owners, to appear before them at some day to be limited in
such warrant;
and if, on a due examination in a summary way, the said justices shall
be
satisfied that such master, mistress owner or owners, of such slave
or slaves, have
not provided necessary and sufficient food, cloathing, covering or
dwelling, for
such slave or slaves, or have suffered such slave or slaves to depart
and wander, or
remain at large, contrary to the provisions and intentions of this
act, the said
justices are hereby empowered and required to cause such master, mistress,
owner
or owners, of such slave or slaves, to enter into a recognizance, with
one sufficient
surety, if the same shall be awarded, in the penalty of thirty pounds
current money,
to be taken to, and in the name of, this state; and the condition of
the said
recognizance shall be such, that if such master, mistress, owner or
owners, of
such slave or slaves, his, her, or their executors or administrators,
shall not provide
necessary and sufficient food, cloathing, covering and dwelling, for
such slave
or slaves, or shall suffer such slave or slaves to depart and wander,
or remain at
large, contrary to the provisions of the act of assembly in such cases
made and
provided, then such recognizance shall remain in force and virtue;
and if any such
master, mistress, owner or owners, of any such slave or slaves, shall
afterwards
commit any breach of the condition of such recognizance, it shall be
lawful for
any person to put in suit, and prosecute such recognizance against
the cognizor or
cognizors thereof, and if the master, mistress, owner or owners, bound
by such
recognizance, his, her, or their executors or administrators, shall
be convicted of
any of the breaches assigned by verdict, confession, or otherwise,
the judgment of
the court shall be rendered for the penalty and costs of suit, and
the same may be
recovered by any process of execution, and one third of the penalty
shall be applied
to the use of the prosecutor, and the remainder to the use of the poor
of the
county in which such conviction shall happen; and the person prosecuting
such
recognizance shall be endorsed upon the original writ, and be answerable
for the
fees and costs: Provided, that if any slave or slaves shall run
away or abscond
from the service of their master, mistress, owner or owners, contrary
to the will
of such master, mistress, owner or owners, such running away and absconding
shall not be construed, deemed or taken, to be a departing and wandering,
or remaining
at large, within the meaning of this act. |