AET. 27] INSANE CONVICTS. 403

may order his discharge, in its or his discretion. The provisions of this
section shall not apply to the Baltimore City Jail.

As to the removal of insane convicts, see section 675, et 'seq.

Kidnapping:.

1904, art. 27, sec. 259. 1888, art. 27, sec. 154. 1860, art. 30, sec. 92. 1809, ch. 138,
sec. 4. 1867, ch. 179. 1910, ch. 46 (p. 92).

283. Every person, his counsellors, aiders or abettors, who shall be
convicted of the crime of kidnapping and forcibly or fraudulently carry-
ing or causing to be carried out of this State any person with intent to
have such person carried out of this State, shall be sentenced to the
penitentiary for not more than twenty-one years.

Ibid. sec. 260. 1888, art. 27, sec. 155. 1860, art. 30, see. 93. 1819, ch. 132
1910, ch. 46 (p. 92).

284. Every person, his counsellors, aiders or abettors, who shall be
convicted of kidnapping and forcibly or fraudulently stealing, taking
or carrying away any child under the age of sixteen years shall be sen-
tenced to the penitentiary for not more than twenty-one years.

Larceny.

Ibid. sec. 261. 1888, art. 27, sec 156. 1860, art. 30, sec. 98. 1715, ch. 26.
1809, ch. 138, sec. 6. 1882, ch. 84.

285. Every person convicted of the crime of simple larceny to the
value of five dollars or upwards, or as accessory thereto before the fact,
shall restore the money, goods or things taken to the owner, or shall pay
him the full value thereof, and be sentenced to the penitentiary for not
less than one year nor more than fifteen years; provided, however, that
in all cases where the money, goods or things taken shall amount to less
than fifty dollars in value, the judge passing sentence shall have dis-
cretionary power to sentence the said person so found guilty to imprison-
ment in jail or in the house of correction instead of the penitentiary.

Where a statute creates an offiense which did not exist at common law or
changes the nature or degree of an existing common law offense, the
indictment must conclude against the form of the statute; contra, if a stat-
ute only inflicts a different mode of punishment for a common law offense.
Since the act of 1809, ch. 138, repealed the common law so far as it
provided for the punishment of the offense, an indictment merely conclud-
ing contra pacem, is sufficient—see section 597. State v. Negro Evans, 7
G. & J. 290. And see State v. Hodges, 55 Md. 137 (decided prior to the
:act of 1882, ch. 84).

A sentence should be framed as near as possible in the words of the act
inflicting the punishment, but if the penalty is in no wise varied by the
phraseology of the sentence, 110 error is committed; the fact that a part
of the sentence provides that the prisoner "serve and labor" for a certain
period in the penitentiary, is not error. The restoration of the property
forms no part of the sentence proper; if a lighter burden is imposed by
a sentence than the law authorizes, the prisoner cannot secure a reversal
on that ground. Isaacs v. State, 23 Md. 414 (decided prior to the act of
1882, ch. 84).

It is inaccurate to say that the restoration of the property under this
section is a part of the punishment. It is not the design of this section
to withhold from the real owner until the conviction of the thief the com-
mon law remedies for the restoration of property wrongfully taken or for