180

LAWS OP MARYLAND.— 1783.

been or may hereafter be forfeited, and a recommendation be
made for a remission of the whole or some part of the recogni-
zance by one or more of the judges of the general court, or three
or more of the justices of the county court; and the governor
and council, or such of them as shall remit such recognizance,
or any part thereof, shall cause the case of the party to be
entered at large on the proceedings of the council, and shall
subscribe their names thereto.

Persons
may appear
and plead,
&c.

SEC. 2. And be it enacted, That where any execution hath
issued, or shall hereafter issue, on any forfeited recognizance,
against any person for not appearing according to the tenor of
the recognizance, it shall and may be lawful for such person, on
the return of the execution, to appear, and plead in discharge
thereof any plea which would have been good and sufficient
upon a scire facias on the said recognizance, if a scire facias
had been issued, and upon such plea being determined in
favour of the person pleading the same, he shall be discharged
from the said forfeiture ; and any court, from which execution
shall issue on any recognizance forfeited for not attending as a
witness in any case not capital, may, upon motion, and good
and sufficient cause fully shewn by such person, discharge him
from the execution, upon such terms as the court shall think fit
and proper ; provided that such person shall not be discharged
from such execution until the trial of the plea, unless he shall
pay and satisfy the execution, or give bond payable to the state
before the sheriff, or enter into recognizance in court, with one
good and sufficient security, in double the forfeiture and costs
due upon such execution, conditioned to appear and plead in
discharge of the said execution, and to abide by and fulfil the
judgment of the court thereupon.

Governor
may remit
fines, &c.

SEC. 3. And be it enacted, That the governor, with the
advice of the council, be authorized to remit the whole or any
part of any fine, penalty or forfeiture, heretofore imposed, or
hereafter to be imposed, in any court of law; provided, if the
fine, penalty or forfeiture, be certain, and not in the discretion
of the court, that the case of the person be stated in writing by
the court before whom such fine, penalty or forfeiture, shall be
imposed, and a recommendation be made for a remission of the
whole or some part thereof, by one or more of the judges of the
general court, or three or more of the justices of the county
court; and the governor and council, or such of them as shall
remit such fine, penalty or forfeiture, or any part thereof, shall
cause the case of the party to be entered at large on the proceed-
ings of the council, and shall subscribe their names thereto.
By 1828, ch. 129, sec. 17, the governor cannot remit any part of a fine
or forfeiture which any person shall be entitled to.