ART. 27.] DESTROYING PROPERTY MALICIOUSLY. 475

he is a defaulter be sooner paid; and the certificate of the comp-
troller of the State of Maryland, or of the respective clerks of
the county commissioners, showing the accused to be a defaulter,
shall in every prosecution under this section be received a&
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.
Johns v. State. 55 Md. 359. State v. Nicholson, 67 Md. 1.

Destroying Property Maliciously.

P. G. L., (1860,) art. 30, sec. 38. 1744, ch. 5. 1751, ch. 7.

48. If any person shall cut or destroy any tobacco plants
belonging to any other person, or shall cause the same to be clone,
or shall by any means cause or excite any person to cut or
destroy any tobacco or tobacco plants belonging to any other
person, on conviction thereof he shall pay to the party grieved
five hundred dollars, and suffer six months' imprisonment, and
shall also remain in prison till the said sum be satisfied. And
if the offender shall not be able to pay the said sum of money,
then he shall remain in prison twelve months.

Ibid. sec. 39. 1809, ch. 138, sec. 6.

49. Every person convicted of wilfully and maliciously
stabbing, killing or destroying any horse, mare, gelding, colt, ass.
or mule, not the property of snch person, and not in the act of
trespassing on his enclosures, shall undergo a confinement in the
penitentiary for not less than eighteen months nor more than
four years.

1870, ch. 354.

50. Every person convicted of wilfully and maliciously
stabbing, killing or destroying any bull, steer, cow, heifer or calf,
not the property of such person, and not in the act of trespassing:
on his enclosures, shall undergo confinement in the penitentiary
for not less than one year nor more than four years.

P. G. L., (1860,) art. 30, sec. 40. 1882, ch. 447.

51. If any person shall enter any dwelling-house, out-house,
stable, barn, warehouse, store-house, banking-house, factory,