ART. 72.] CRIMES AND MISDEMEANORS, ETC.
military or naval stores, ship, or vessel belonging to this State, the

791

United States, or any one of them, shall suffer death by banging,
or be sentenced to the penitentiary for a period not less than three
nor more than ten years.

Punishment.

32. If any person shall maliciously set on fire any fence or fencing,
or any straw, stack or stacks or ricks of straw, or any hay or mowed
grass, or other grass, or any tobacco, he shall, on conviction thereof,
be sentenced to the penitentiary for not less than two nor more than
four years.

Id s 7.
1744, c 5, s 2 ,
1751, c 7,
1845, c 381
Setting on fire
fences, hay, etc
2 Md 376
Punishment.

33. Every person, his aiders, abettors or counsellors, who shall
be convicted of the crime of wilfully burning any mill, distillery,
manufactory, barn, meat-house, tobacco-house, stable, warehouse,
or other out-house not parcel of any dwelling house, being empty or
having therein any tobacco, wheat, rye, oats, Indian corn, barley,
flax, hemp, hay, or other country produce, horse or horses, cattle

Id s 8
1744, c. 5,
1809, c 138, s 5.
Burning any
out~-house not
pared of dwell-
ing-housc.
6 Md 400,
10 Md 431.

or goods, wares and merchandise, or of burning any stack, rick,
mow, or barrack of hay, fodder, flax, hemp, tan bark, wheat or other

Burning stack
of hay, etc

grain, shall, at the discretion of the court, suffer death, or be sen-
tenced to the penitentiary for not less than three nor more than
twelve years.

Punishment.

34. Any person who shall maliciously and wilfully attempt to
burn any dwelling-house, whether inhabited or not, or any mill, fac-
tory, barn, stable, storehouse, or other out-house, or any stack of
grain, hay, straw, or fodder, upon conviction thereof, shall be sen-
tenced to the penitentiary for not less than eighteen months nor
more than ten years.

BURGLARY.

Id s. 9
1809, c 138, s. 5
Attempting to
burn any dwell-
ing, out-house,
or stack

Punishment.

35. Every person convicted of the crime of burglary, or as ac-
cessory thereto before the fact, shall restore the thing taken to the
owner thereof, or shall pay him the full value thereof, and be sen-
tenced to the penitentiary, not less than three nor more than ten
years.

Art. 30, c 21
1809, c 138, s 5
Conviction of
burglary, or
being accessory
thereto

Punishment.

36. Every person, his aiders, abettors, and counsellors, who
shall be convicted of the crime of breaking a dwelling-house in the
daytime, with intent to commit murder or felony theiein, or break-
ing a storehouse, warehouse, or other out-house, in the day or
night, with an intent to commit murder or felony therein, shall be
sentenced to the penitentiary for not less than two nor more than ten
years.
37. Every person convicted of the crime of breaking into any
shop, storehouse, tobacco-house, or warehouse, although the same
be not contiguous to or used with any mansion -house, and stealing
from thence any money, goods, or chattels, to the value of one dollar
or upwards, or as being accessory thereto, shall restore the thing
taken to the owner thereof, or shall pay him the full value thereof,
and be sentenced to the penitentiary for not less than two nor more
than twelve years.

Id s 22
1809, c 138, s 5
Breaking into
bouse width in-
tent to commit
murder or
felony.

Punishment.

Id s 23
1737, c 2, s 2
1809, c 138, s. 5
Breaking into
store, or being
accessory
thereto,
with intent to
steal

Punishment.