CRIMES AND PUNISHMENTS 1125

An. Code, 1924, sec. 97. 1912, sec. 82. 1904, sec. 74. 1888, sec. 51. 1882, ch. 447. 1892, ch. 99.

108. Any person who shall enter any dwelling-house, outhouse, stable,
barn, warehouse, storehouse, banking-house, factory, workshop, court house,
school house, mill house, church, or any building occupied in part or in
whole by any of the public, municipal, or private corporations of the State,
or upon any vessel, or upon any yard where lumber, coal or any sort of goods
and chattels are deposited or kept for the purpose of trade, or upon any
property or land, with the intent maliciously to injure or destroy any of the
buildings aforesaid, or any part thereof, or any furniture, property or
effects therein or thereon being found, or any property or effects deposited
or kept in, or upon any vessel or yard, or with the intent to slay, kill, maim
or tar and feather any person being in or upon any of the premises afore-
said, upon conviction thereof shall, in the discretion of the court, be sen-
tenced to the penitentiary of this State for not less than two years nor more
than twenty years, or to the house of correction not exceeding three years,
or to the city or county jail not exceeding one year.

An. Code, 1924, sec. 98. 1912, sec. 83. 1904, see. 75. 1888, sec. 52. 1864, ch. 247.
1867, ch. 153. 1868, ch. 56. 1892, ch. 85.

109. Any person who shall wilfully or maliciously injure or destroy
any dwelling house, outhouse, stable, barn, warehouse, storehouse, banking-
house, factory, workshop, court house, school house, church, mill house,
or take and carry away any growing tree, or cut down any tree, or destroy
a vine, plant, shrubbery, root, vegetable, fruit or grain, or any fencing,
cord wood or hoop poles shall, on conviction thereof, be adjudged guilty of
a misdemeanor, and after presentment and indictment by a grand jury and
conviction, shall, in the discretion of the court, be imprisoned in the peni-
tentiary of this State for not less than one year, nor more than three years,
or in the house of correction not exceeding three years, or in the city or
county jail not exceeding one year, or be fined not less than five dollars
nor more than one hundred dollars, or be both fined and imprisoned in jail
as aforesaid.

In indictment for wilfully removing post, which had been erected solely for purpose
of asserting a property right which defendants were contesting, the defendants, in
effort to prove that removal of post was not a criminal action within the purview of
the statute, were entitled to benefit of proffered testimony to show that they had
acted under advice of counsel in the honest assertion of a property right which post
designedly obstructed. Rosenburg v. State, 164 Md. 473.

An. Code, 1924, sec. 99. 1912, sec. 84. 1904, sec. 76. 1888, sec. 53. 1867, ch. 135.

110. If any person unlawfully and maliciously shall disfigure, cut,
mutilate, injure or damage any church, house of worship, its pews, seats,
walls, windows, shutters, trees, tombstones, fencing, inclosures or other
property in or belonging thereto, or any parsonage, its furniture, trees,
fencing or inclosures, near and belonging to the same, he shall, on convic-
tion before a justice of the peace or the circuit court for the county or
criminal court of Baltimore, where the said property may be situated, be
deemed guilty of a misdemeanor, and fined, in the discretion of the said
justice or court, in a sum of money not less than three dollars nor more
than fifty dollars for any one offense, and shall stand committed to the
public jail of the county or city till the fine and fees shall be paid.

An. Code, 1924, sec. 100. 1912, sec. 85. 1904, sec. 77. 1888, sec. 54. 1882, ch. 66.

111. Every person who shall feloniously steal or take, or who shall
maliciously mutilate, injure or disfigure by writing, marking, cutting, tear-