GEORGE HOWARD, ESQ. GOVERNOR.

1831.

er or overseer, to sell any such article; and any person thus

CHAP. 323.

offending against the provisions of this act, shall be subject

to a penalty of five dollars for every such offence, or a pe-

Penalty.

nalty equal in amount to the value of the article purchased,

should the value thereof exceed the sum of five dollars; the

said penalty to be recovered before a single justice of the

Recoverables

peace, whose duty it shall be to return the proceedings and

judgment thereon to the clerk of the county, to be collected

as is hereinbefore provided, one half to the use of the in-

former, and the balance to be paid to the levy court, or com -

missioners, as the case may be, for the use of the county; it

shall be the duty of the person charged to retain and pro-

Duty of accused
to retain & pro-

duce the certificate of the magistrate, or written authority,

duct certificate.

in his or her defence, or account for its loss and contents,

either by his own oath or some competent witness.

Sec. 10. And be it enacted, That it shall not be lawful for

Sale to negroes, of

any retailer, ordinary keeper, or other person, to sell any ar-

spirituous liquors,
gun power &c for.

dent spirits, gunpowder, shot, or lead, to any free negro, mu-

bid.

latto or slave, without, in the case of a free negro, such free

negro shall produce a certificate in the nature of a license

Without specific
certificate, if free.

or permit, from a justice of the peace in the county in which

such free negro may reside, directed to the person so selling

the same; or, in case of a slave, unless such slave shall pro-

duce a written authority from his owner, employer or over-

Or written order

seer, and any person so offending shall be subject to the like

of master etc of a
slave.

penalty, to be recovered and applied in every respect as is

Under penalties.

provided in the foregoing section of this bill.

Sec. 11 . And be it enacted, That the judges of the county

Courts authorised

courts and Baltimore city court,shall,at their several sessions,

to withdraw li-
censes tor selling.

have full power and authority as to the continuing or with-

drawal of any license or licenses to retail ardent spirits,

and may, on application or remonstrance, exercise a sound

discretion relative thereto, and in the recess of the county

court, and Baltimore city court, the judges of the orphans'

Similar powered

court, at their several sessions, shall and may exercise a

orphans courts.

similar power, authority and discretion, and no license to

retail ardent spirits, shall hereafter be granted to any free

negro or mulatto, except by order or under the authority of

Negroes not to
have licenses to

said courts, or one of them, at their respective sessions as

sell spirits.

above: Provided, That this act shall not be so construed as

Explanatory

to take from the clerks of the county courts, or of Balti-

proviso.

more city court, the power of issuing license to any free

white person, nor to effect or alter the dales or time of is-

suing or granting licenses as now provided by law; but no

license shall be issued by said clerk to any person from

whom a license shall once have been withdrawn by order

of court as above provided, except with the permission of

58