316 CRIMES AND PUNISHMENTS. [ART. 27

as tenant by the courtesy, and also all his claim or title to any estate,
real, personal or mixed, which he may have in right of his first wife;
and if the said offender be a woman, she shall, on conviction, forfeit her

claim to dower of the estate of her first husband, and also her distribu-
tive share of his personal estate, which she would be entitled to if he had
died intestate, and she had survived him.

In an Indictment under this section, a certified copy of a decree of a
court of this state by which the prosecutrix was divorced from the defend-
ant after his alleged second marriage, is competent evidence to prove his
marriage to the prosecutrix, the'identity of the parties being established.
Where the prosecutrix testified that she and the defendant were married in
Camden, N. J., a certificate from the clerk of the Oamden court to the effect
that no entry appeared of the issue of a license to the defendant and the
prosecutrix, the New Jersey law providing that no marriage shall take
place between non-residents without a license, is not evidence, and a state-
ment by the court, in this connection, that whether a license was issued or
not was immaterial, the only effect of its not having been issued being to
render the minister liable to punishment, is unobjectionable. A certificate
from a clerk setting forth that he is the keeper of marriage statistics, and
that a return is required to be made to his office by persons performing
marriages; that, he had examined the records and could find no return of
a marriage between the prosecutrix and the defendant and certain other
facts, is not evidence. Bigamy is a felony; after pleading in bar, it is too
late to plead in abatement, save by permission of court. Qualification of
grand jurors. Pontier v. State, 107 Md. 386.

An indictment under this section need not allege either that the traverser
knew at the time of the second marriage that his former wife was living
or beyond the seas, or that she had not been absent for seven years; where,
however, the traverser proves that he and his wife had lived apart for
seven years preceding the second marriage, the prosecution must show that
during the time he knew of her existence. Bigamy is a felony. When an
indictment must negative exceptions in the statute creating the offense.
Barber v. State, 50 Md. 168.
As to "Marriages," see article 62.

Blasphemy.

1904, art. 27, sec. 20. 1S8S. art. 27, sec. 18. 1860, art. 30, sec. 12. 1723, ch. 16,

sec. 1. 1819, ch. 49.

21. If any person, by writing or speaking, shall blaspheme or curse
God, or shall write or utter any profane words of and concerning our
Saviour Jesus Christ, or of and concerning the Trinity, or any of the
persons thereof, he shall on conviction be fined not more than one hun-
dred dollars, or imprisoned not more than six months, or both fined and
imprisoned as aforesaid, at the discretion of the court.

This and the following section referred to in construing section 437—see
notes thereto. State v. Popp. 45 Md. 438.

Tbid. sec. 21. 1888, art. 27, sec. 19. 1860, art. 30, sec. 13. 1723, ch. 16, sec. 2.

22. Every person who shall profanely swear or curse in the presence
mid hearing of any justice of the peace, sheriff, coroner, county clerk or
constable, or be convicted thereof before any justice of the peace, by the
oath of one lawful witness, or confession of the party, shall for the first
oath or curse be fined twenty-five cents, and for every oath or curse
after the first fifty cents.