1600

BALTIMORE CITY.

hereby invested with all the powers and authorities that con-
stables are now invested with by law.

Penalty for
breaking
lamps) &c.

SEC. 9. And be it enacted, That if any person shall wil-
fully or maliciously break, throw down, destroy or extinguish,
any lamps that shall be hung up to light the streets, lanes, or
alleys, in said town, or shall wilfully damage the posts, irons,
sentry boxes, or other furniture thereof, every person so offend-
ing, and being convicted by the oath or affirmation of one or
more credible witnesses before any commissioner or justice
of the peace in said town, shall forfeit and pay three pounds for
each and every such offence ; and if any person shall, without
design, or by accident, break, throw down or extinguish, any
lamp aforesaid, or damage any of the said posts, irons or sentry
boxes, or other furniture, and having done the same, shall fail
of giving notice thereof to some of the commissioners or justices
in said town within twelve hours thereafter, he shall be liable
to the same forfeiture as if the same had been wilfully and
maliciously done; but if timely notice be by him given as
aforesaid, he shall only pay such costs as in the judgment of
the commissioner or justice will fully repair the damage done.

Slaves
offending
may be
whipped,
&c.

SEC. 10. And be it be enacted. That if any slave be con-
victed of any of the offences created by this act, he shall be
whipped on his bare back not exceeding thirty-nine lashes,
unless the owner of such slave will pay the fine or repair the
damage ; and if any person under age, bound servant or appren-
tice, be convicted of incurring any penalty or damage under
this act, the parent, guardian or owner, shall be obliged to pay
the said penalty or damage, in the same manner as if they had
incurred the same ; and all fines incurred under this act shall
be recovered in the same manner as debts under five pounds,
and shall be appropriated towards defraying the charges of the
said lamps and watches.

General
issue
pleadable.

SEC. 11. And be it enacted, That if any person is sued for
any thing done in pursuance of this act, he may plead the
general issue, and give this act and the special matter in evi-
dence ; and no persons shall be prosecuted for misbehaviour or
neglect in the execution of this act, unless they are prosecuted
within six months after such offence committed.
The residue of the act is details to raise funds, and to regulate the
mode of carrying into execution the policy of the act, and are not adapted
to the existing condition and ordinances of the corporation. The 17th
section was repealed by 1804, ch. 93.

AN ACT to withdraw certain Funds from the Cities of Baltimore, Anna-
polis, and the Town of Easton, and placing the same in the respective
Treasuries, subject to the appropriation of the Legislature. — 1804, ch. 93.

Section of
former act

repealed.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That the seventeenth section of the act, entitled, an act for the