| 1777.
CHAP.
XX. |
LAWS of MARYLAND.
against the obligors in the bonds, alleging a breach of every part of
the condition,
and requiring the defendants to shew cause why judgment and execution
should not be had for the penalty, and the defendant appearing shall plead
the
general issue of performance, and trial shall be had the first court, unless
for special
reasons the court shall grant one imparlance, and if two nibils shall
be returned,
judgment of execution shall be rendered. |
Fine on persons
going on
board the enemy's
vessels,
&c. |
XXVII. And be
it enacted, That if any subject or inhabitant of this state shall
go on board any vessel of war or transport belonging to the enemy, or to
their
camp, or to any city, town, port or place, within any of the United States,
in
their possession, without permission in writing from the governor and the
council
of this state, and if any subject or inhabitant of this state shall receive
any protection
for himself or property from the enemy, or any one under their authority,
such person, on conviction thereof in the general or any county court of
this state,
shall be fined by the court not exceeding the rate of ten pounds for every
hundred
pounds of property belonging to such persons within this state; and if
any person
convicted of any of the offences aforesaid, shall not have property within
this state
valued and rated agreeable to the late assessment act at more than two
hundred
pounds, the court may fine such person at the rate aforesaid, and also
adjudge him
to be imprisoned for any term not exceeding one year, or to be whipped
not exceeding
thirty-nine lashes, or both, in their discretion. |
Persons indicted
for
treason, and
not to be
found to be
outlawed, &c. |
XXVIII. WHEREAS persons guilty of high treason
may, by being out of the
reach of a legal process in the common course of proceedings, evade
a trial and the
punishment of their crimes, Be it enacted,
That on indictment found by the
grand jury of the general court against any person for treason, the court
shall immediately
order capias to apprehend such person, directed to the sheriff of
the
county in which such person from this state, or that he is not to be found
in the
county, the general court shall cause such person to be proclaimed, and
solemnly
called and required, in full and open court, to appear and answer to the
indictment
against him, and on default thereof, entered on their record, the said
court
shall issue a writ to the sheriff who returned the capias, to cause
such person to be
proclaimed, and solemnly called and required, at two several courts to
be held for
his county, in full and open court, to surrender himself to his custody,
to answer
to the indictment found against him; and the said sheriff shall make his
return of
such proclamation and default to the general court, who shall record such
return
to and default, and thereupon proceed to adjudge such person to be outlawed,
and
such judgment of outlawry shall amount in law to a conviction and attainder
of
the person of the treason charged in the indictment, in the same manner
as if the
person so indicted had been found guilty thereof by a petit jury, and such
person
shall thereupon forfeit to the use of this state all the estate which he
had at the
time when the indictment shall allege his commission of the treason. |
Persons not to
be tried for
treason unless
indicted within
three years,
&c. |
XXIX. And be
it enacted, That no person shall be tried for any treason or
misprison of treason against this state, unless the indictment be found
within three
years after the offence committed; and it is declared, that no person shall
be convicted
by a petit jury of either of the said crimes, unless by the oath of two
lawful
witnesses to prove each separate and distinct fact charged in the indictment
as
treason or misprison of treason, except the prisoner willingly, and without
force
or violence, confess the same in open court. |
Persons who
have taken
the oath not
obliged again
to take it. |
XXX. And be
it enacted, That no person who hath already taken the said
oath, or made the said declaration, shall be obliged to take or make the
same,
agreeable to the directions of this act, any thing herein contained to
the contrary
notwithstanding. |
|
CHAP. XXI.
A supplementary ACT to the act, entitled, An act
to regulate the militia.
This act has been always continued
with the principal act, and with that it has expired. |
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