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EDWARD LLOYD, ESQUIRE, GOVERNOR.
and declare, the time within their respective periods prescribed,
during which any offender shall undergo confinement in the
said penitentiary, according to the directions of this act.
By 1817, ch. 72, no coloured person
to be sentenced for less than one year; and
by 1818, ch. 197, no negro or mulatto slave to be sentenced to undergo
a confinement
in the penitentiary. |
NOV. 1809.
CHAP. 138. |
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 became accessary. |
Offenders to be
tried in the court
where the mortal
stroke or poison
has been given. |
18. AND BE IT ENACTED, That if a person be
feloniously stricken
or poisoned on the waters of the Chesapeake Bay, and not within
the body of any county, and within one year thereafter die of the
same stroke or 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 was given
on Chesapeake
Bay, and the death
takes place in
some county, and
vice versa. |
19. AND BE IT ENACTED, That any person who
shall commit 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, abettors, comforters and accessaries
thereof and thereto, may be indicted and tried in any court of this
state having jurisdiction of similar crimes, offences and misdemeanors,
of the county in which he or she may be arrested, or into
which he or she may be first brought.
See 1807, ch. 165. |
Persons committing
other offences
on the Chesapeake
Bay, where to be
tried. |
20. AND BE IT ENACTED, That if any person
against whom an
indictment has been found, shall suggest, in writing, supported by
affidavit or other proper evidence, that a fair and impartial trial
cannot be had in the court where such indictment is found, such
court shall order the record of the proceedings in the said prosecution
to be transmitted to the court having criminal jurisdiction in
any adjoining county, either within the same or any adjoining district,
in which the same shall be heard and determined, in the same
manner as if such prosecution had been originally instituted therein;
provided, that all costs incident on the trial and final determination
of the same, and all costs and charges incurred by removing
the offender, if convicted, to the penitentiary, as herein directed,
shall be paid, borne and defrayed, by the county in which the
indictment was found, and the clerk of the court in which such
trial and determination was had, shall make out a true and full bill
of all such costs and charges, and certify the same to the levy
court of the county in which such indictment was found, and the
same shall be levied, collected, and paid over to the persons entitled
thereto, in like manner as other county dues are levied, collected
and paid.
See 1804, ch. 55, and 1805, ch. 65, s. 49. |
On suggestion,
supported by affidavit,
that an impartial
trial cannot
be had in the
county where the
indictment is
found, the record
may be transmitted
to an adjoining
county. |
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