LAWS OF MARYLAND.— 1809.

585

lenge either to the array or the polls for want of foreigners on
the panel or jury that may be returned.
SEC. 16. And be it enacted. That in case any offender, on
conviction, may be sentenced to suffer death, the court before
whom such offender shall be tried and convicted, shall sentence
him or her to suffer death, by hanging by the neck, and may*
decide upon, ascertain and declare, the time tvithin their respec-
tive periods prescribed, during which any offender shall un-
dergo confinement in the said penitentiary, according to the
directions of this act.

in the same
manner as
citizens.

Offenders
sentenced
to die, to
be bung.

SEC. 17. And be it enacted. That if a person be feloniously
stricken or poisoned in one county, and die of the same stroke
or poison in another county within one year thereafter, the
offender shall be tried in the court within whose jurisdiction
such county lies, where the stroke or poison was given; and in
like manner an accessary to murder or felony committed, shall
be tried by the court within whose jurisdiction such person be-
came accessary.

Offenders to
be tried in
the county
where the
mortal
stroke or
poison has
been given.

SEC. 18. And be it enacted, That if a person be feloniously
stricken or poisoned on the waters of the Chesapeake Bay, and
riot within the body of any county, and within one year there-
after die of the same stroke of poison within any county of
this state, or if a person be feloniously stricken or poisoned in
any county of this state, and within one year thereafter die of
the same stroke or poison on the waters of the Chesapeake Bay,
and not within the body of any county, the offender, his or her
aiders, abettors and comforters, or any person accessary thereto,
shall be tried in the court within whose jurisdiction such
county lies, where the death happened or the stroke or poison
was given.

Where trial
is to be had,
when the
mortal
stroke or
poison
wad given
on Chesa-
peake bay,
and death
takes place
in some
county, and
vice versa.

SEC. 19. And be it enacted, That any person who shall com-
mit any crime, offence or misdemeanor, upon the waters of the
Chesapeake Bay, within the limits of this state, and without
the body of any county thereof, and all aiders, abettofs, com-
forters and accessaries thereof and thereto, may be indicted and
tried in any court of this state having jurisdiction of simttar
crimes, offences and misdemeanors, of the county in which he
of she may be arrested, or into which he or she may be first
brought.

Persons
committing
other
offences on
Chesapeake
Bay, where
to be tried.

SEC. 20. And be it enacted, That if any person against whom
an indictment has been found, shall suggest, in writing, sup-
ported by affidavit or other proper evidence, that a fair and
impartial trial cannot be had in the court where such indict-
ment is found, such court shall order the record of the proceed-
ings in the said prosecution to be transmitted to the court
having criminal jurisdiction in any adjoining county, either
74

On sugges-
tion, sup-
ported by
affidavit,
that an im-
partial trial
cannot be
had in the
county
where the