CRIMES AND PUNISHMENTS 1245

her respective seat in said car, coach or compartment, and should any pas-
senger refuse to occupy the seat to which he or she may be assigned by
the conductor or manager, said conductor or manager shall have the right
to refuse to carry such passenger on his car or coach, and may put such
passenger off his car or coach, and for such refusal or putting off the car
or coach neither the conductor, manager or railway company or corpora-
tion or person owning or operating the same shall be liable to damages
in any court, and the passenger so refusing to occupy the designated seat
to which he or she may be assigned, shall be deemed guilty of a misde-
meanor, and on indictment and conviction thereof, shall be fined not more
than fifty dollars, or be confined in jail not more than thirty days, or both,
in the discretion of the court, for each offense.

An. Code, 1924, sec. 446. 1912, sec. 401. 1908, ch. 248.

524. Any conductor or manager on any railway who shall upon re-
quest, refuse to perform the duties imposed upon him by sections 521 to
526, shall be deemed guilty of a misdemeanor, and upon indictment and
conviction thereof shall be fined not more than twenty dollars for each
offense.

An. Code, 1924, sec. 447. 1912, sec. 402. 1908, ch. 248.

525. 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, 1924, sec. 448. 1912, sec. 403. 1908, ch. 248.

526. The provisions of sections 521 to 526 shall not apply to persons
employed as nurses or valets when accompanying those needing their
attention.

Perjury.

An. Code, 1924, sec. 449. 1912, 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.

527. An oath or affirmation-, if made willfully 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 statement
material to the issue. The competency of person administering oath is immaterial.
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.