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county thereof, and all aiders, abettors, comforters and accessaries thereof and thereto, may be in-
dicted and tried in any court of this state having jurisdiction of similar crimes, offences and mis-
demeanors, of the county in which he or she may be arrested, or into which he or she may be first
brought.
XX. AND BE IT ENACTED, That if any person against whom ah indictment has been found, shall
suggest, in writing, supported by affidavit or other proper evidence, that a fair and impartial trial
cannot be had in the court where such indictment is found, such court shall order the record of the
proceedings in the said prosecution to be transmitted to the court having criminal jurisdiction in any
adjoining county, either within the same or any adjoining district, in which the same shall be heard
and determined, in the same manner as if such prosecution had been originally instituted therein;
provided, that all costs incident on the trial and final determination of the same, and all costs and
charges incurred by removing the offender, if convicted, to the penitentiary, as herein directed, shall
be paid, borne and defrayed, by the county in which the indictment was found, and the clerk of the
court in which such trial and determination was had, shall make out a true and full bill of all such
costs and charges, and certify the same to the levy court of the county in which such indictment was
found, and the same shall be levied, collected and paid over to the persons entitled thereto, in like
manner as other county dues are levied, collected and paid.
XXI. AND BE IT ENACTED, That if any slave or servant be convicted of any crime, the punish-
ment whereof may be death or a confinement in the penitentiary, the court before whom such con-
viction and condemnation shall take place, shall, immediately thereafter, proceed to value such slave,
or the time of such servant, and enter the same in their proceedings, and such value shall be assess-
ed and collected with the county assessment, and paid to the owner of such slave or servant; and if
any slave or servant sentenced to undergo a confinement in the penitentiary, shall survive his or her
time of confinement, such slave or servant shall, immediately on the expiration thereof, be sold at
auction by the order of such court, or any two judges or justices thereof, and the money arising from
the sale shall be applied to the use of the county in which the conviction took place; provided al-
ways, that such servant shall not be sold for a longer time than shall remain unexpired of his or her
servitude at the time of his or her being sentenced.
XXII. AND BE IT ENACTED, That the real and personal estate of the person convicted and sen-
tenced to undergo a confinement in the penitentiary, or to be executed, shall, after paying the re-
tribution 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
so ascertain the amount thereof, the court before whom such offender is convicted, shall cause their
clerk to certify to the keeper of the penitentiary the amount of reparation adjudged, and all costs
and charges incurred in the prosecution and conviction of such offender, which the keeper shall en-
ter in books to be by him kept for that purpose.
XXI M. AND BE IT ENACTED, That in all cases where restitution or reparation is adjudged to b$
made to the party injured, and immediate restitution or reparation is not fully made, the court be-
fore 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 pro-
perty taken, or so much thereof as is not restored, such value to be estimated by the said court; pro-
vided, that nothing herein contained shall be construed to extend to deprive the party injured from
having and maintaining a civil action against such offender, either before or after conviction, or against
any other person, for the recovery of the money received or property taken, or the value thereof.
XXIV. AND BE IT ENACTED, That if any person or persons shall be presented or indicted for a
misdemeanor, or any offence of an inferior nature, and shall, on trial thereof, be acquitted, or shall
plead guilty, and submit his. her or their case, to the court, such court may, at their discretion, or-
der that no compensation for any attendance of the prosecutor shall be allowed.
XXV. AND BE IT ENACTED, That the penitentiary-house, situated in Baltimore county, in the
vicinity of the city of Baltimore, heretofore begun, and now in great part erected and finished under
the superintendence of certain commissioners appointed for that purpose by a resolution of the gene-
ral assembly, passed at November session, in the year eighteen hundred and four, so soon as the
same is completed or put in order, shall be and the same is hereby appropriated for the reception of
criminals that have been, or may hereafter be, condemned under the laws of this state, for such
terms, upon such conditions, and under such regulations, as are herein, or may hereafter be, enact-
ed and declared.
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CHAP.
CXXXVIII.
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