978 ARTICLE 27.
tion, forfeit his claim or title 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 distributive 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 prosecutrix was divorced from defendant after his alleged second
marriage is competent evidence to prove his marriage to the prosecutrix, the identity
of the parties being established. Where prosecutrix testified that she and defendant
were married in Camden, N. J., a certificate from clerk of Camden court to 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 statement 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 unobjec-
tionable. A certificate from a clerk setting forth that he is keeper of marriage sta-
tistics, 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 prosecutrix and 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 per-
mission of court. Qualification of grand jurors. Pointer v. State, 107 Md. 386.
Indictment under this section need not allege either that traverser knew at the
time of second marriage that his former wife was living or beyond seas, or that
she had not been absent seven years; where, however, traverser proves that he and
his wife had lived apart for seven years preceding the second marriage, prosecution
must show that during the time he knew of her existence. Bigamy is a felony. When
an indictment must negative exceptions in statute creating offense. Barber v.
State, 50 Md. 168.
As to " Marriages," see art. 62.
Blasphemy.
An. Code, sec. 21. 1904, sec. 20. 1888, sec. 18. 1723, ch. 16, sec. 1. 1819, ch. 49.
24. 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 hundred
dollars, or imprisoned not more than six months, or both fined and impris-
oned as aforesaid, at the discretion of the court.
This and the following section referred to in construing sec. 484—see notes thereto.
State v. Popp, 45 Md. 438.
An. Code, sec. 22. 1904, sec. 21. 1888, sec. 19. 1723, ch. 16, sec. 2.
25. Every person who shall profanely swear or curse in the presence
and 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.
Boundaries.
An. Code, sec. 23. 1904, sec. 22. 1888, sec. 20. 1722, ch. 8, sec. 2.
26. No person under any pretense whatsoever shall cut down or other-
wise destroy any boundary or bounded trees, either of his own lands or of
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