ART. 37.] EVIDENCE. 275

to be set up in the most public places of the county, and, within
thirty days after such date, procure the same to be inserted in
some daily newspaper published in the city of Baltimore.

10. Upon proof of property by the oath of the owner of such
flat boat or other vessel, or otherwise before a justice of the
peace, and upon payment of reasonable costs and charges for the
same, the person so taking up and securing the same, shall
deliver the said flat boat or other vessel to the owner thereof.

11. If any person shall take and secure any flat boat or other
vessel driven from any place of mooring, landing or harbor, or
from any other vessel, and shall fail to comply with the provi-
sions of the two preceding sections, he shall forfeit to the owner
thereof the sum of ten dollars, to be recovered as small debts
before a justice of the peace of the county where the party
charged may reside.

ARTICLE XXXVII.
Evidence.

COMPETENCY OF WITNESSES.

SEC. 1. No negro or mulatto, whether free or slave, and no
Indian, shall be admitted as evidence in any matter depending
in any court or before any justice of the peace where any white
person is concerned.

2. Convicts confined in the penitentiary shall be admitted as
witnesses in all cases where any person confined in the peniten-
tiary may be accused or on trial for any offence whatsoever com-
mitted while thus confined in the penitentiary, both for and
against such accused persons.

3. Any negro or mulatto, whether slave or free, may be a wit-
ness for or against any negro or mulatto, slave or free, in any
proceeding whatever.

4. No person convicted of perjury or subornation of perjury
shall be received as a witness until the judgment against him be
reversed.