248

LAWS OF MARYLAND.— 1787.

shall think necessary for the due administration of justice, not
exceeding the end of the third court after the appearanee court
of such new party, unless evidence, or testimony or plots be
wanting, as herein before provided.

And where
a witness
cannot be
procured,

&c.

SEC. 8. And be it enacted. That in any case where the
attendance of a witness residing within this state to a material
fact cannot be procured, the said courts respectively may con-
tinue such cause as long as they may think proper, if the
adverse party will not admit the facts, or consent to the taking
the deposition of such witness on interrogatories before some
justice of the peace where such witness resides.

But not on

a special
verdict, &c.

SEC. 9. And be it enacted. That on a special verdict, or case
stated, the said courts respectively shall not continue any cause
on a curia advisare vult longer than to the end of the third court
after verdict taken, or case stated.
Continued by 1798, ch, 71, to October, 1805, and since continued by the
general continuing act.

CHAPTER I7.

AN ACT concerning Pardons.

Preamble.

WHEREAS it hath been doubted whether conditions contained
in pardons of offenders capitally convicted are effectual, nor is
any provision made by law to reconcile the interest of the owner
of a convicted slave with a conditional pardon on departing the
state ;

Governor
may pardon,
on condi-
tion, &c.

SEC. 2. Be it enacted, by the General Assembly of Maryland,
and it is hereby declared, That the governor of this state may,
in his discretion, grant to any offender capitally convicted a par-
don, on condition contained therein, and that such condition is
and shall be effectual as a condition, according to the intent
thereof.

Sheriff to
take iccuri-
ty, &c.

SEC. 3. And be it enacted, That if such offender shall be a
slave, and the condition of such pardon shall be on leaving this
state, or on transportation, the governor may direct the sheriff,
in whose custody such offender shall be, to contract and take
proper security for the transportation of such slave, agreeably to
the condition of his pardon ; and the sheriff may either sell such
slave subject to such condition, or empower some other person
to sell him in the place to which he shall be transported, for the
benefit of the state, and the owner of such slave shall be paid as
if the same slave had been executed.

Persons
pardoned
may be
arrested,

&c.

SEC. 4. And be it enacted, That if any person, pardoned on
condition of leaving this state, shall return contrary thereto,
such person may be arrested by warrant from any judge or jus-
tice of the peace, and if, on examination, it shall appear to such
judge or justice, that there is reasonable ground to believe that
the person arrested is the same person who was convicted and