LAWS OF MARYLAND.

41

as the first mill dams, for the purposes aforesaid, or shall fish or
erect any fish pot or other thing for the purposes aforesaid, shall be
punished for every such offence, on conviction thereof, before any
justice of the peace, by the oath of one or more witnesses, by whip-
ping on his bare back, in the discretion of said justice, not exceed-

Dec. Ses. 1823

ing for each offence the number of ten lashes; Provided always, that
the master or mistress of said slave, or any other person may redeem
said slave so convicted, from said punishment, by the payment of
ten dollars for the uses aforesaid, and provided also., that if such
slave shall act as aforesaid, by the order of his or her owner or em-
ployer, he or she shall not be subject to such whipping, but the ow-
ner or employer giving such order, shall be subject to the penalty
of ten dollars to be recovered as aforesaid.

Proviso's.

3. And be it enacted, That every justice of the peace, shall at the
levy court of his county annually, account for all fines received by
virtue of this act, under the penalty of twenty dollars for each fine
by him imposed or received.

Account.

CHAPTER 83.

An act for the benefit of Daniel Shawen, of Frederick county.
Whereas, it appears to the legislature, from the petition of Da-
niel Shawen, of Frederick county, and the representations of seve-
ral disinterested persons, probable that complete justice was not had
in the trial of certain allegations filed against him by one of his cre-
ditors, from circumstances beyond the control of the court or the
petitioner, and the court having no authority to grant a new trial to
the petitioner; Therefore,

Passed Jan.

28, 1824.
Preamble.

Sec 1. Be it enacted by the General Assembly of Maryland, That
Frederick county court be, and they are hereby authorised to grant
a new trial at their next term, in the case of the allegations hereto-
fore filed in said court against the said Daniel Shawen by a certain
Leonard Yeast.

New trial.

2. And be it enacted, That either judge of said court shall be,
and he is hereby authorised to order a discharge of the said Daniel
Shawen from the present imprisonment he suffers on account of the
verdict on the trial heretofore had of the allegations mentioned in

Discharge.
Condition.

the proceeding section; Provided the said Shawen give bond to the
state of Maryland in double the amount of his debts appearing due
by his schedule, with good and sufficient security to appear before
said court at the ensuing term of said court after the date of said
bond, to answer any allegations that may be filed against him by any
of his creditors, who were such at the time of his late application for
the benefit of the insolvent laws, said bond to be filed among the
papers relating to the said application of said Shawen, and a copy
of the same under the seal of the court, shall be as good evidence in
any suit in any court in this state as the original would be if produced
and proved.

Proviso.

CHAPTER 84.
An act for the relief of Malachy Craddock, of Frederick county.
Whereas, Malachy Craddock, of Frederick county, by his peti-
tion to the general assembly of Maryland, hath represented that his
two infant children, Thomas Craddock and Lawrence Craddock
died intestate, seized of a lot of ground situate on Love Lane in
Frederick Town, in the county aforesaid, which said lot was pur-
chased and improved with the funds of said Malachy Craddock; and

Passed Feb.
7, 1824.
Preamble.