114

LAWS OF MARYLAND.

Laws, relating to Crimes and Punishments, be
amended and re-enacted so as to read as follows :

Crimes and
punishments of
Negroes.

"One hundred ninety-four." When any Negro,
whether free or slave, is convicted of any offence,
the punishment for which, if he were a white man,
would be confinement in the Penitentiary, such
Negro shall be sentenced to be sold either in or
out of the State, for such term as the court may
deem right, or to be confined in the Penitentiary,
for such term as a white man would be confined
for the same offence, or to receive any number of
lashes not exceeding forty, in the discretion of the
court ; and in any case which has heretofore oc-
curred, wherein sentence has been passed for the
sale of any Negro so convicted out of the State,
it shall and may be lawful for the Governor of the
State, to commute the same by authorizing any
such sale to be made within the State, or may
commute the same to confinement in the Peniten-
tiary, for such time as a white man could be con-
fined for the same offence, such negro shall be sen-
tenced to confinement in the Jail of the county or
city, as the case may be, for any time not exceed-
ing one year, or to be sold in the State, for such
time as the court may deem right, or to receive
any number of lashes not exceeding forty, in the
discretion of the court.

Sales of Ne-
groes — appli-
cation of pro-
ceeds.

"One hundred ninety-five." Upon the sale of
any free Negro under the preceding section, the
time, place and manner of sale to be prescribed
by the court, the proceeds of sale shall be first ap-
plied, after paying the expenses of the sale of the
prosecution, and of the defence, including the
compensation to the counsel for the prosecution
and defence, to the payment of the damages to be
ascertained by the court, which the party suffered
by the offence for which said free Negro was con-
victed, and the residue shall be paid, one-half to
the county or city where he committed the offence,
the other half to the wife of such free Negro if he
has one, and if no wife, to the children of such
Negro, and if he has neither wife or children, then
all the residue shall be paid to the county or city
where he committed the offence.

J urisdiction
of Justices of
the Peace.

"One hundred ninety-six." Any Justice of the
Peace of the county wherein the offence is com-
mitted, shall have jurisdiction concurrent with the