LAWS OF MARYLAND.— 1809.

587

cutton and conviction of such offender, which the keeper shall
enter in books to be by him kept for that purpose.

SEC. 23. And be it enacted, That in all cases where restitu-
tion or reparation is adjudged to be made to the party injured,
and immediate restitution or reparation is not fully made, the
court before whom the offender is convicted shall, at the in-
stance of the party injured, issue execution against the property
of such convicted person, in the name of the person injured,
for the value of the property taken, or so much thereof as is not
restored, such value to be estimated by the said court; Provided,
that nothing herein contained shall be construed to extend to
deprive the party injured from having and maintaining a civil
action against such offender, either before or after conviction, or
against any other person, for the recovery of the money received
or property taken, or the value thereof.

Where
restitution
is adjudged,
if not made
immediate-
ly, court
may issue
execution
against
offender's
property.

Proviso.

SEC. 24. And be it enacted, That if any person or persons
shall be presented or indicted for a misdemeanor, or any offence
of an inferior nature, and shall, on trial thereof, be acquitted,
or shall plead guilty, and submit his, her or their case, to the
court, such court may, at their discretion, order that no compen-
sation for any attendance of the prosecutor shall be allowed.

No com-
pensation
in certain
cases to be
allowed to
prosecutor.

SEC. 25. And be it enacted. That the penitentiary house, situ-
ated in Baltimore county, in the vicinity of the city of Balti-
more, heretofore begun, and now in great part erected and
finished under the superintendence of certain commissioners
appointed for that purpose by a resolution of the general assem-
bly, passed at November session, in the year eighteen hundred
and four, so soon as the same is completed or put in order, shall
be and the same is hereby appropriated for the reception of cri-
minals that have been, or may hereafter be, condemned under
the laws of this state, for such terms, upon such conditions,
and under such regulations, as are herein, or may hereafter be,
enacted and declared.

Penitentia-
ry house,
near Balti-
more, ap-
propriated
for recep-
tion of
criminals.

SEC. 26. And be it enacted, That the cells of the penitentiary
shall be appropriated to the purpose of confining such males
and females as shall be convicted of the offences above enume-
rated, as punishable with imprisonment and labour, but the
males and females are hereby required to be kept separate and
apart from each other, and all the prisoners shall be subject to
the visitation and superintendence of the inspectors herein after
mentioned.
See 1837, ch. 320, 11th article.

Males and
females to
be kept
apart.

SEC. 27. And be it enacted, That every person convicted in
any court of this state, and sentenced to undergo a confinement
in the penitentiary, shall, as soon as possible after conviction,
be safely removed, by the sheriff of the county where such con-
viction look place, and at the expense of such county, to the

Persons
sentenced
to peniten-
tiary, to be
removed by
sheriff.