1839.

LAWS OF MARYLAND.

CHAP. 38.

Notice to be gi-
ven before sale.

To pay over.

shall be sold by the sheriff at public sale, to the highest
bidder, whether a resident of this State or not, first giving
ten days notice of such sale, to serve in the character and
capacity of a slave; and the said sheriff after deducting
prison charges and a commission of ten per cent, shall
pay over one half of the nett proceeds to the informer,
and the balance he shall pay over if sold in a county on
the Eastern Shore, to the treasurer of said Shore, or if
sold in a county on the Western Shore, to the treasurer of
the Western Shore, for the use of the colonization society

Bond to be an-
swerable for all
money received.

To arrest.

of the State of Maryland; and for all sums of money so
received by the said sheriff his bond shall be answerable
on his failure to pay the same over, in an action at law in
the name of the State of Maryland, for the use of the parties
entitled to receive the same by this act; and all sheriffs
and constables are hereby required to arrest any free ne-
gro or mulatto who may come into this State contrary to
the provisions of this act, and all other persons are autho-

Compensation.

rised to arrest any such free negro or mulatto; and such
sheriff, constable or any other person as may arrest any
free negro or mulatto, who shall have come into the State
contrary to the provisions of this act, shall be entitled to
the penalty of twenty dollars, hereby inflicted to be recov-
ered on complaint and conviction as before stated, and
such free negro or mulatto shall pay the said penalty of
twenty dollars and all jail fees and expenses incident to

Failure to pay

penalty.

Proviso.

his or her arrest and detention, or upon his or her failure
to do so, he or she shall be committed and sold as herein
provided, in relation to those who have incurred the pen-
alty of five hundred dollars; provided, that if said negro
or mulatto shall not remove out of the State within five
days after he shall have paid the said sum of twenty dol-
lars, he shall be deemed to have come a second time into
the State, and shall be liable as if had so done.

Not to prevent
white persons
on a visit, &c.,
bringing negro.

SEC. 2. And be it enacted, That nothing in this act
shall be construed to prevent any while citizen or citizens
of any other State, District or Territory, who shall come
into this State on a visit, and not to reside, or who shall
be passing through this State, from bringing with him or
them any free negro or negroes, mulatto or mulattoes in

Proviso.

the capacity of servant or servants, provided that the said
servant shall be and continue in attendance on such white
citizen or citizens, and shall depart from the State at the
same time that said white citizen or citizens shall leave
the said State.