866 CRIMES AND PUNISHMENTS. [ART. 27

tion thereof shall be punished by imprisonment in the peni-
tentiary for a term not less than one nor more than ten years,
in the discretion of the court.

Kidnapping.

1888, art. 27, sec. 154. 1860, art. 30, sec. 92. 1809, ch. 138, sec. 4.
1867, ch. 179.

259. Every person, his counsellors, aiders or abettors, who
shall be convicted of the crime of kidnapping, and forcibly or
fraudulently carrying or causing to be carried out of this State,
any person with intent to have such person carried out of this
State, shall be sentenced to the penitentiary for not less than
two nor more than ten years

Ibid. sec. 155. 1860, art. 30, sec. 93. 1819, ch. 132.

260. Every person, his counsellors, aiders or abettors, who
shall be convicted of kidnapping, and forcibly or fraudulently
stealing, taking or carrying away any child under the age of
sixteen years, shall be sentenced to the penitentiary for not
less than five nor more than twelve years.

Larceny.

Ibid. sec. 156. 1860, art. 30, sec. 98. 1715, ch. 26. 1809, ch. 183, sec. 6.

1882, ch. 84

261. Every person convicted of the crime of simple larceny
to the value of five dollars or upwards, or as accessory thereto
before the fact, shall restore the money, goods or things taken
to the owner, or shall pay him the full value thereof, and be
sentenced to the penitentiary for not less than one year nor
more than fifteen years; provided, however, that in all cases
where the money, goods or things taken shall amount to less
than fifty dollars in value, the judge passing sentence shall
have discretionary power to sentence the said person so found
guilty to imprisonment in jail or in the house of correction
instead of the penitentiary.

State v. Evans, 7 G. & J. 290. Isaacs v. State, 23 Md. 410. Gardner v.
State, 25 Md. 150. State v. Hodges, 55 Md. 136. Worthington v. State, 58
Md. 409. Laird v. State, 61 Md. 309.

Ibid. sec. 157. 1860, art. 30, sec. 100. 1809, ch. 138, sec. 6. 1868, ch. 214.

262. If any person shall feloniously steal, take and carry
away personal goods of another under the value of five dollars,
or if any person shall break into any shop, store-house, tobacco
house or warehouse, although the same be not contiguous to or
used with any mansion house, and steal any money, goods or