ART. 27] DESTROYING PROPERTY MALICIOUSLY. 799

of this article, such justice shall hear the case, and if he be of
the opinion that sufficient facts ore proved to substantiate the
charge, he shall commit or bail the defendant pending the
action of the grand jury, as in other cases, or with the consent
of the defendant, may in place of such commitment or bail,
pass an order and take a recognizance as provided in section
69. If the defendant shall violate the condition of the recog-
nizance, it may be forfeited, and the justice shall note the
forfeiture on the recognizance and deliver it to the clerk of the
court having original jurisdiction of the misdemeanor described
in section 69. The said forfeited recognizance shall then
become a record of said court, and shall have the same effect
and may be enforced in the same manner as if it had been
taken and forforfeited by the court. If the magistrate be
satisfied by information and due proof under oath at any time
during the year that the defendant has violated the terms of
the order, he shall forthwith commit or bail the defendant for
the action of the grand jury, as in other cases.

Destroying Property Maliciously.

1888, art. 27, sec. 48. 1860, art. 30, sec 38. 1744, ch. 5. 1751, ch 7.

71. If any person shall cut or destroy any tobacco plants
belonging to any other person, or shall cause the same to be
done, 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' imprison-
ment, 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. 49. 1860, art. 30, sec. 39. 1809, ch. 138, see. 6.

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

Ibid. sec. 50. 1670, ch. 354.

73. 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