13 LAWS OF MARYLAND—1715.
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CHAPTER 26.
AN ACT for the speedy trial of Criminals, and ascertaining their punish-
ment in the county courts when prosecuted there, and for payment of
fees due from criminal persons,
A supplementary act, May, 1766, ch. 6. |
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Preamble. |
WHEREAS many acts of assembly have been heretofore made
against thieving and stealing, which at this present are not suf-
ficient to prevent the committing those crimes, or to punish
them when committed; |
Justices to
hold plea,
&c. |
SEC. 2. Be it therefore enacted, by the King's most excellent
majesty, by and with the advice and consent of his majesty's
Governor, Council and Assembly of this province, and the
authority of the same, That it shall and may be lawful to and
for the several justices of the county courts of this province, to
hold plea of, adjudge, and in lawful manner determine, all
thieving and stealing of any goods or chattels whatsoever, not
being above the value of one thousand pounds of tobacco (rob-
bery, burglary, and house breaking excepted,) and every person
or persons legally convicted of any such thieving and stealing
(except before excepted,) by testimony of one sufficient evi-
dence, not being the party grieved, before any such county
court as aforesaid, shall and may cause lo be punished, by pay-
ing four-fold of the value of the goods so thieved or stolen as
aforesaid, and the stolen goods returned to the parly or parlies
grieved thereby, and by putting in the pillory, and whipping so
many stripes as the court before whom such matter is tried
shall adjudge, not exceeding forty; which court shall always
adjudge the value of the goods so thieved and stolen as afore-
said ; and if any such person, so convicted, have not sufficient
goods and chattels, or be a servant, whereby he is incapable to
have goods and chattels to satisfy and pay the said four-fold, in
every such case, such person or persons shall receive the cor-
poral punishment as aforesaid, and satisfy the four-fold, and
fees of conviction, by servitude.
By 1785, ch. 87, sec. 7, the justices of the county courts are empowered
(unless in cases particularly directed by law to be tried in the general
court) to try all persons who have committed any manner of offence,
although it may subject such person to the pains of death.
The restriction as to jurisdiction is removed—the power to try is con-
ferred by 1804, ch. 55, on the county courts as now organized, and the
punishment is fixed by 1809, ch. 138.
The third and fourth sections are supplanted by 1809, chap. 138, and
1804, chap. 55. |
Penalty for
killing
unmarked
swine, &c. |
SEC. 6. And be it further enacted, by the authority, advice
and consent aforesaid. That any person or persons whatsoever
that shall kill any unmarked swine above three months old, if
not upon his or their own land, or not in company with his or
their own stock, shall and is hereby adjudged an hog-stealer, |
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