1178 GOVERNOR. [ART. 41

ing such person shall acknowledge himself to be the same
person pardoned on condition of leaving the State, and that
he returned contrary thereto, the court shall record such con-
fession and proceed to pass judgment according to law, and
if the person shall deny that he is the same person convicted
and pardoned as aforesaid, or that he returned contrary thereto,
the court shall direct the fact to be tried by the jury, and if
they find against the person, the court shall pass such judg-
ment as the law requires for the crime committed.

1888, art. 41, sec. 8. 1860, art 42, sec. 9 1782, ch. 42, sec. 1.

8. The governor may remit the whole or any part of any
recognizance which may be forfeited; provided, the judge of
the court in which such forfeiture took place shall recommend
the remission of the whole or some part thereof.

Ibid. sec. 9. 1860, art. 42, sec. 10. 1828, ch. 129, sec. 17.

9. The part of any fine or forfeiture belonging to an informer
shall not be remitted by the governor, but he may remit any
fine or forfeiture, or any part thereof, not belonging to an
informer.

Ibid sec 10. 1860, art. 42, see. 11. 1832, ch 155

10. No nolle prosequi shall be granted by the governor but
on condition that the costs of prosecution shall be paid by the
person applying for the same.
State v Morgan, 33 Md. 44.

Ibid. sec. 11. 1860, art. 42, sec. 12. 1782, ch 42, sec. 5.

11. The governor may remit the whole or any part of any
fine imposed by any militia court martial.

Ibid. sec. 12. 1860, art. 42, sec. 13. 1786, ch. 22, sec. 2

12. Upon complaint made against any civil or military officer
who can be removed or suspended by the governor, the gover-
nor may summon before him any witnesses to testify for or
against such complaint, and may allow such witnesses one
dollar a day for their attendance, and itinerant charges, and
may enforce the attendance of such witnesses in the same
manner as the courts may.

Ibid. sec. 13. 1860, art. 42, sec, 14. 1786, ch 22, sec. 2.

13. Upon complaints made under the preceding section, the
party complained against shall have a copy of the complaint
and notice of the time when the governor will inquire into and
examine the same.