ART. 73.] PROCEEDINGS IN CRIMINAL CASES.

section, and to exercise a sound discretion in determining whether
the said infant so convicted should be bound out in accordance with
existing laws, or should be sentenced to the penitentiary in the same
manner with adults convicted of like crimes, and to bind out or
sentence such infant accordingly.

833

22. It shall be the duty of the courts of this State, in sentencing
convicts to the penitentiary, to sentence them for such a period as
will expire between the first day of April and the last day of August,
if they shall deem it expedient to do so.

Id s 188
1836, c 156, s 2
Sentence of con-
victs to peni-
tentiary when
to expire

23. The courts of this State, in sentencing convicts to the peni-
tentiary in compliance with the provisions of the preceding section,
may, in their discretion, sentence them to be confined in the said
penitentiary for a period not less than eighteen months, in cases
where the least punishment prescribed for the offence is two years.

Id s 189
1825, c 93, s 1 ,
1839, c 37
Discretionary
power of court
in sentencing
convicts to
penitentiary

24. No conviction or attainder shall work corruption of blood or
forfeiture of estate; the estate of such persons as shall destroy
their own lives, shall descend or vest as in case of natural death ;
if any person be killed by casualty, there shall be no forfeiture in
consequence thereof; an approver shall never be admitted, in any
case whatsoever; and a sentence of death shall not be executed in
less than twenty days after judgment.
25. The real and personal estate of the person convicted and
sentenced to undergo a confinement in the penitentiary, or to be
executed, shall, after paying the retribution and reparation to the
party injured, be liable to the discharge of the expenses incurred by
the State in the apprehension, prosecution, conviction, and removal
of such criminal; and in order to ascertain the amount thereof, the
court before whom such offender is convicted, shall cause its clerk
to certify to the keeper of the penitentiary the amount of repara-
tion adjudged, and all costs and charges incurred in the prosecution
and conviction of such offender, which the keeper shall enter in
books to be by him kept for that purpose

Id s 190.
1809, c 138, s 10.
Conviction or
attainder not to
work corrup-
tion of blood or
forfeiture of
estate
1 Bl 114, 299
No forfeiture
for felo de se,
no deodanda, no
approvers
Sentence of
death, when to
be executed.
Id s 191.
1809, c 138, s 22
Property of
convicts, how
disposed of.

26. In all cases where restitution or reparation is adjudged to be
made to the party injured, and immediate restitution or reparation
is not fully made, the court before whom the offender is convicted
shall, at the instance of the party injured, issue execution against
the property of such convicted person in the name of the person
injured, for the value of the property taken, or so much thereof as
is not restored , such value to be estimated by the said court; but
nothing herein contained shall be construed to deprive the party
injured from having and maintaining a civil action against such
offender, either before or after conviction, or against any other per-
son, for the recovery of the money received or property taken, or
the value thereof.,

Id s 192
1809, c 138, s. 23
Restitution,
how enforced.
32 Md 210

27. When any person shall hereafter be convicted of any statu-
table felony or misdemeanor, for the false or fraudulent obtention
or embezzlement, secreting or making way with goods, chattels, valu-

63

Art 30, s 53
1835. c 319, s 3
Restitution in
cases of em-
bezzlement, etc