582

LAWS OF MARYLAND,— 1809.

undergo a confinement in the penitentiary for a period not less
than one year nor more than six years, and shall be disqualified

6. Of burn-
ing, or
attempting
or conspir-
ing to burn,
any court-
house, pri-
son, &c.
church,
college, &c..

to serve on juries for ever thereafter. 6th. If any person shall
wilfully burn, or attempt of conspire to burn, any court-house,
or county or public prison, or the penitentiary, poor house,
magazine or lazaretto, or public warehouse, or any other build-
ing belonging to this state, or the different counties, cities or
towns, or bodies corporate in this state, or the office of the clerk
or register of any court in this state, or the state house of this
state, or any public office contained therein, or any public office
in this state of any kind whatever, or church or house of
worship, college, academy or public school house, engine house,
market house, scale house, watch house, or public barrack, such
person or persons, and his, her or their aiders, abettors and
counsellors, and each of them, shall be deemed felons, and, on
being duly convicted thereof, shall suffer death by hanging by
the neck, or be sentenced to undergo a confinement in the peni-
tentiary for a period of time not more than fifteen years, to be

7. Of burn-
ing or
destroying,
or attempt-
ing or con-
spiring to
burn or
destroy any
public
arsenal,
magazine,
&c.

treated as the law directs. 7th. Every person duly convicted
of the crime of wilfully and maliciously burning or destroying,
or attempting or conspiring to burn or destroy, any public
arsenal or magazine of provisions, or of military or naval stores,
belonging to this state, or subject, to the jurisdiction of this state,
or of wilfully and maliciously burning or destroying, or attempt-
ing or conspiring to burn or destroy, any military or naval
stores, ship or vessel, belonging to this state, the United States,
or any one of them, shall suffer death by hanging by the neck,
or be sentenced to undergo a confinement in the penitentiary
for a period not less than three nor more than ten years, to be
treated as the law directs.

Slaves, in
cases not
punishable
by hanging,
may be
whipped,
transported
and sold.

SEC. 9. And be it enacted, That if any negro or mulatto slave
shall be duly convicted of any crime herein mentioned, which
may not, in the discretion of the court, under this act, be pun-
ished by hanging by the neck, such negro or mulatto slave,
instead of confinement in the penitentiary, may, in the discre-
tion of the court, be sentenced to receive on his or her bare back
any number of lashes, not exceeding one hundred, and the
court may also sentence such negro or mulatto slave to be
banished from this state, by transportation and sale, into some
foreign country, for the benefit of the state or county, as the

*1795, ch.

82.

case may be, with as full power and authority as the governor
may now exercise under an act,* entitled, an act declaring the
power of the governor in certain criminal cases, such negro or
mulatto slave to be valued and paid for in the manner herein-
after directed, and nothing in this act contained shall be
construed to deprive justices of the peace of any power or au-