LAWS OF MARYLAND.— 1809.

583

thority which they may now exercise by law relative to free
negroes and mulattoes, or negro and mulatto slaved.
By 1818, ch. 197, no slave to be sentenced to undergo a confinement in
the penitentiary.
By 1825, ch. 93, the legislature prohibited free negroes, to be sentenced
to confinement in the penitentiary. The policy was abandoned by 1826, ch.
229, sec. 8, which authorizes the court, to sentence them to confinement in
the penitentiary, and if the court upon inquiry are satisfied, that the convict-
ed (free negro) has been an inmate of the penitentiary before, they may
sentence him to be sold into foreign bondage, and this by 1835, ch. 200, sec. 3.

SEC. 10. And be it enacted, That no conviction or attainder
shall work corruption of blood or forfeiture of estate ; the estate
of such persons as shall destroy their own lives shall descend
or vest as in case of natural death ; if any person be killed by
casualty there shall be no forfeiture in consequence thereof; an
approver shall never be admitted in any case whatsoever, and a
sentence of death shall not be executed in less than twenty
days after the judgment.

No con-
viction or
attainder to
work cor-
ruption of
blood or
forfeiture of
estate.

SEC. 11. And be it enacted, That all claims to dispensation
from punishment, by benefit of clergy, shall be and are hereby
for ever abolished ; and every person convicted of any felony,
heretofore deemed clergyable, shall be sentenced to undergo a
confinement in the penitentiary for any time not less than one
year nor more than five years, to be treated as herein directed,
except in those cases where some other specific penalty is herein
prescribed; and every person who shall be convicted of any
felony heretofore excluded from the benefit of clergy, and not
herein specified, shall be sentenced to undergo a confinement in
the penitentiary for a period of time not less than five nor more
than twenty years, to be treated as this act directs.

Benefit of
clergy
abolished.
Punishment
of felonies
heretofore
deemed
clergyable
and of those
not clergya-
ble, and not
specified in
this act

SEC. 12. And be it enacted, That if any person be indicted
of treason or felony, and he or she shall stand mute, or will not
answer to the indictment, the court, in such case, shall notwith-
standing proceed to the trial of such person so standing mute,
as if he or she had pleaded not guilty, and render judgment
thereon accordingly.

Persons
indicted of
treason or
felony,
though
mute, to be
tried.

SEC. 13. And be it enacted, That in all capital cases, and in
all other criminal cases, the punishment whereof upon convic-
tion is confinement in the penitentiary for five years at least, or
the punishment whereof may be extended to twelve years con-
finement in the penitentiary, and in all cases of larceny, where
the money, goods or chattels alleged to have been stolen, shall
be valued in the indictment at the sum of one hundred dollars,
or upwards, the person indicted shall be allowed the right of pe-
remptory challenge, but in no case shall the accused be admitted
to challenge more than twenty jurors, without assigning cause ;
and if any person so indicted shall peremptorily challenge above
the number of twenty persons of the jury, the court, in such

Peremptory
challenge,
in what
cases al-
lowed, and
to what
extent.