ART. 72.] CRIMES AND MISDEMEANORS, ETC.

825

190, Every person that shall profanely swear or curse in the
presence and hearing of any magistrate, sheriff, coroner, county
clerk, or constable, or be convicted thereof before any magistrate,
by the oath of one lawful witness, or confession of the party, shall

Id s 13
1723, c 16,s 2
Profanely
swearing before
certain officers

for the first oath or curse be fined twenty-five cents, and for every
oath or curse after the first, fifty cents.

Fine.

DEFAULTERS.

191. If any clerk, register of wills, sheriff, collector of taxes,
notary public, or other officers, whose duty it is to collect revenue
due the State of Maryland or any county thereof, shall, after the
receipt of the said revenue by him, wilfully detain the same in his
possession and neglect to pay the same into the treasury of the
State or to the county commissioners, or the proper officer author-
ized to receive the same, for more than sixty days after the day
upon which it is made by law the duty to pay the same, or if no
particular day be appointed by law for said payment, and such officer
shall detain any revenue due to the State or to any county thereof,
and which it is his duty to collect, and which he shall have collected
and shall neglect to pay the same into the treasury of the State, or
to the county commissioners, or the proper officer authorized to
receive the same, for the space of six months after he shall have so
collected the same, such officer so offending in either case, shall be
deemed to be a defaulter, and upon indictment and conviction thereof
shall in addition to any other penalties already provided by law, be

1872, c 329
When officers,
whose duty it is
to collect
revenue due the
State, to be
deemed de-
faulters

for each offence imprisoned in the State Penitentiary not less than
one year nor more than five years, unless the amount for which he
is a defaulter be sooner paid, and the certificate of the comptroller
of the State of Maryland, or of the respective clerks of the county
commissioners, showing the accused to be a defaulter, shall in every

Punishment

prosecution under this section be received as prima facie evidence
of such defalcation, and the judges of the courts having criminal
jurisdiction in this State shall give this law in charge to the grand
juries summoned to their respective courts.

MILLERS MIXING FLOUR.

What prima
facie Evidence.

192. No master, owner, miller, or other person properly belong-
ing to or otherwise owning any mill within this State shall ask, de-
mand, or receive for grinding any quantity of wheat, Indian corn,
or rye above one-eighth part of every bushel of wheat, Indian corn,

1878, c 375.
Miller's tolls.

or rye by him so ground as aforesaid, under the penalty of fifty
dollars for every such offence, one-half to the use of the State and
the other half to the informer, to be recovered in the name of the
State by action of debt before any justice of the peace as other
small debts are recoverable In St Mary's, Wicomico, and Wor-
cester counties, the sixth may be taken for grinding rye and corn.

Penalty for
taking exces-
sive tolls