ART. 27] PERJURY. 437

istering the oath is immaterial. Indictment held sufficient. A plea in
abatement that one of the grand jurors did not believe in the Holy Script-
ures, held bad. If any of the grand jurors who found the indictment are
incompetent, such indictment is void and the issue may be raised by plea
in abatement. State v. Mercer, 101 Md. 538.

It is sufficient to charge that the traverier swore "willfully, knowingly,
maliciously and falsely." Proceedings before officers of registration are
quasi judicial and hence perjury may be committed in such proceedings.
The offence of perjury must be charged with certainty; indictment held
defective. State v. Bixler, 62 Md. 357.

Perjury is an infamous crime and any person convicted thereof will not
only be disfranchised (unless pardoned), but will be punished under sec-
tion 407. Indictment held sufficient. State v. Floto, 81 Md. 601.

The first and second sections of 23 George 2nd, ch. 11, dealing with
prosecutions for perjury and subornation of perjury, held to be in force in
Maryland. An indictment for perjury growing out of a habeas corpus
proceeding, held valid. How the materiality of the evidence may appear.
Departure held to be one of form merely. Deckard v. State, 38 Md. 201.

1904, art. 27, sec. 357. 1894, ch. 262, sec. 226A.

405. Any person who shall make oath or affirmation to two contra-
dictory statements, each of them in one of the cases enumerated in sec-
tion 404 and in either case shall make oath or affirmation wilfully and
falsely, shall be deemed guilty of perjury; and to sustain an indictment
under this section it shall be sufficient to allege and prove that one of
the said two contradictory statements is or must be false and wilful,
without specifying which one.

Ibid. sec. 358. 1888, art, 27, sec. 227. 1860, art. 30, sec. 156. 1692, ch. 16,

sec. 2. 1894, ch. 262.

406. Any person who shall procure another to make a false oath or
affirmation in any of the cases embraced in the two preceding sections
shall be deemed guilty of subornation of perjury.

Ibid. sec. 359. 1888, art. 27, sec. 228. 1860, art. 30, sec. 157. 1809, ch. 138,
sec. 8. 1894, ch. 262.

407. Every person who shall be convicted of perjury or subornation
of perjury shall be sentenced to imprisonment in the jail or penitentiary
for not more than ten years.
See notes to section 404.

Pneumatic Tire.

Ibid. sec. 360. 1896, ch. 437, secs. 1 and 2.

408. Whoever wilfully places or causes to be placed in or upon any
avenue, street, alley, road, highway or public way any tack, nail, piece
of iron, broken glass or other substance which may injure, cut or punc-
ture any pneumatic tire shall be guilty of a misdemeanor, to be tried
before a justice of the peace; and shall be fined not more than fifty
dollars nor less than five dollars, such fines to be collected as other fines
are collected, and when collected, to be paid into the road or street
fund of the county or municipal corporation in which they are collected.
This section shall not apply to Talbot or Wicomico counties.