1108 ARTICLE 27.

An. Code, sec. 402. 1908, ch. 248.

447. When the seats in any car, coach or compartment shall all be oc-
cupied, but not filled, and the increased number of passengers can not be
accommodated with separate seats, the conductor or manager in charge of
such car or coach is hereby authorized to assign passengers of the same
color to the vacant seats, and he can, with the permission and consent of
the occupant, assign a passenger of the other color to the unoccupied seats,
but not otherwise.

An. Code, sec. 403. 1908, ch. 248.

448. The provisions of sections 443 to 448 shall not apply to persons
employed as nurses or valets when accompanying those needing their
attention.

Perjury.

An. Code, sec. 404. 1904, sec. 356. 1888, sec. 226. 1692, ch. 16, sec. 4. 1809, ch. 138, sec. 8.
1828, ch. 165, sec. 6. 1858, ch. 414, sec. 10.

449. An oath or affirmation, if made wilfully and falsely in any of
the following cases, shall be deemed perjury: First, in all cases where
false swearing would be perjury at common law; secondly, in all affidavits
required by law to be taken; thirdly, all affidavits to accounts or claims
made for the purpose of inducing any court or officer to pass such accounts
or claims; fourthly, all affidavits required to be made to reports and re-
turns made to the general assembly or any officer of the government.

Perjury is the willful making under oath in a judicial proceeding of a false state-
ment material to the issue. The competency of person administering oath is imma-
terial. Indictment held sufficient. A plea in abatement that one of grand jurors did
not. believe in the Holy Scriptures, held bad. If any of grand jurors who found
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 traverser 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. 452. 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. Indictment
for perjury growing out of a habeas corpus proceeding, held valid. How materiality
of evidence may appear. Departure held to be one of form merely. Deckard v.
State, 38 Md. 201.

An. Code, sec. 405. 1904,. sec. 357. 1894, ch. 262, sec. 226A.

450. Any person who shall make oath or affirmation to two contradic-
tory statements, each of them in one of the cases enumerated in section
449 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 speci-
fying which one.