| NOV. 1809.
CHAP. 138.
The value of a
slave, or the time
of a servant, to be
determined by the
court, and paid to
the owner.
Proviso. |
LAWS OF MARYLAND.
21. AND BE IT ENACTED, That if any slave or
servant be convicted
of any crime, the punishment whereof may be death or a
confinement in the penitentiary, the court before whom such conviction
and condemnation shall take place, shall, immediately thereafter,
proceed to value such slave, or the time of such servant, and
enter the same in their proceedings, and such value shall be assessed
and collected with the county assessment, and paid to the owner
of such slave or servant; and if any slave or servant sentenced to
undergo a confinement in the penitentiary, shall survive his or her
time of confinement, such slave or servant shall, immediately on the
expiration thereof, be sold at auction by the order of such court,
or any two judges or justices thereof, and the money arising from
the sale shall be applied to the use of the county in which the conviction
took place (a); Provided always, that such servant shall not
be sold for a longer time than shall remain unexpired of his or her
servitude at the time of his or her being sentenced.
(a) By 1818, ch. 157, the keeper
of the penitentiary to deposit the money arising
from such sale, in some bank in the city of Baltimore, and immediately
to notify
the clerk of the county for the use of which the said deposit shall have
been
made, &c. |
Estate of persons
sentenced to be
confined or executed,
to be liable,
after reparation
to the party
injured, for the
expenses of the
state. |
22. AND BE IT ENACTED, That the real and personal
estate of
the person convicted and sentenced to undergo a confinement in
the penitentiary, or to be executed, shall, after paying the retribution
and reparation to the party injured, be liable to the discharge
of the expenses incurred by the state in the apprehension, prosecution,
conviction and removal, of such criminal; and in order to
ascertain the amount thereof, the court before whom such offender
is convicted, shall cause their clerk to certify to the keeper of the
penitentiary the amount of reparation adjudged, and all costs and
charges incurred in the prosecution and conviction of such offender,
which the keeper shall enter in books to be by him kept for
that purpose. |
Where restitution
is adjudged, if not
made immediately,
court may issue
execution
against offender's
property.
Proviso. |
23. AND BE IT ENACTED, That in all cases where
restitution
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 instance 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. |
No compensation
in certain cases to
be allowed to prosecutor. |
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 compensation for any
attendance of the prosecutor shall be allowed. |
Penitentiary-house,
near Baltimore,
appropriated
for reception of
criminals. |
25. AND BE IT ENACTED, That the penitentiary-house,
situated
in Baltimore county, in the vicinity of the city of Baltimore,
heretofore begun, and now in great part erected and finished under
the superintendence of certain commissioners appointed for that |
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