316 GOVERNOR. [ART. 42.

5. The Governor may appoint a private Secretary, who shall
hold his office during the pleasure of the Governor, and perform
all the duties of a messenger to the Governor, and shall receive
an annual salary of eight hundred dollars.

6. The Governor is authorized and required, whenever sen-
tence of death is pronounced on any criminal by the judgment of
a court of this State, to issue a warrant to the sheriff of the
county or city who ought by law to execute such judgment,
ordering and directing the sheriff to execute said judgment at
such time as in his warrant he shall appoint.

7. The Governor, upon giving the notice required by the Con-
stitution, may commute or change any sentence of death into
confinement in the penitentiary or banishment, for such period as
he shall think expedient, and on giving such notice he may
pardon any person convicted of crime, on such conditions as he
may prescribe.

8. If any person pardoned on condition of leaving the State,
shall return contrary thereto, such person may be arrested by
warrant from any judge or justice of the peace, and if on ex-
animation it shall appear to such judge or justice that there is
reasonable ground to believe that the person arrested is the same
person who was convicted and pardoned, and that he returned
contrary to the terms of such pardon, he shall be committed to
the prison of the county or city where arrested, and the sheriff
shall bring him before the first Circuit Court for the county, or if in
Baltimore city before the first Criminal Court of Baltimore which
shall happen thereafter; and if on appearing, such person shall
acknowledge himself to be the same person pardoned on condi-
tion of leaving the State, and that he returned contrary thereto,
the court shall record such confession and proceed to pass judg-
ment according to law; and if the person shall deny that he is
the same person convicted and pardoned as aforesaid, or that he
returned contrary thereto, the court shall direct the fact to be
tried by a jury, and if they find against the person, the court '
shall pass such judgment as the law requires for the crime com-
mitted.

9. The Governor may remit the whole or any part of any re
cognizance which may be forfeited; Provided, the judge of the
court in which such forfeiture took place shall recommend the
remission of the whole or some part thereof.