WILLIAM GRASON, ESQUIRE, GOVERNOR.

1839.

of said act, to which this is a supplement, to be made by
the mortgagees, their executors, administrators or assigns,
to the statement of the mortgage claim, may hereafter
be made before any justice of the peace of this State, or
judge of any court of this State, or before any notary
public, or judge of any court of record of any other State
or of the United States.

CHAP. 10.

SEC. 2. And be it enacted, That where such affidavit
shall be made before a notary public, it shall be authenti-
cated by his notarial seal; or before a judge of any
court of record, it shall be certified by the clerk of said
court, under the seal of the court; and if made before a
justice of the peace of any other county than that in
which the proceedings have taken place, the clerk of the
county court of such county shall certify, under seal of
said court, that the said justice was, at the time of said
affidavit, a justice of the peace, duly commissioned and
qualified.

How authenti-
cated.

SEC. 3. And be it enacted, That the decree authorized
by the second section of the act to which this is a supple-
ment, may be passed as well after as before the period
limited in the mortgage for payment of the debt or for the
foreclosure of the mortgage.

CHAPTER 10.

Decree to be
passed, &c.

An act to protect the lives of persons travelling on rail
roads within the State of Maryland.

Passed Feb. 12,
1840.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That, from and after the passage of this act,
if any person or persons shall place any thing, or cause
any thing to be placed on any rail road in this State, cal-
culated to obstruct, overthrow, or direct from the tract of
such rail road any car, vehicle or carriage travelling or
passing on such rail road, with the view or intent to ob-
struct or overthrow any car, vehicle or carriage, such per-
son or persons so offending, shall be deemed guilty of
felony, and upon conviction thereof, shall be sentenced to
the penitentiary for a period not less than two years, nor

more than ten years.

Any person ob-
structing, &. c.

deemed guilty

of felony.

SEC. 2. And be it enacted, That if the death of any
person shall be occasioned by the overthrow or obstruc-
tion of any rail road car, vehicle or carriage, produced by

If death occur,

deemed guilty
of murder.