1852.

LAWS OF MARYLAND.

CHAP. 64.

subject, of demurrer to the indictment, inquisition or
presentment, as the case may be.

Misdemeanor
not to be
merged in the
felony.

SEC. 3. And be it exacted, That all indictments for
offences forbidden by any statute or statutes, or for

offences, the punishment of which is contained in the
same clause of any statute, with the prohibition of the

offence, may conclude as for offences at common law,
and where any offence, which is a misdemeanor at com-
mon law, may have been or shall be made a felony by
statute, the misdemeanor shall not be merged in the
felony, but the indictment may contain counts for the
said felony, and also for the misdemeanor.

In force.

SEC. 4. And be it enacted, That this act shall take
effect from its passage.

CHAPTER 64.

Passed March
17, 1852.

AN ACT to authorise the Sale, of certain Real Estate
in Dorchester county, purchased heretofore by Ben-
jamin Jenifer, and conveyed to his wife, Hester
Ann Jenifer, for life, with remainder to the Chil-
dren of the said Benjamin.

Preamble.

WHEREAS, It has been represented to the General
Assembly that Benjamin Jenifer, of Dorchester county,
formerly a slave, did, while he was a slave, purchase
certain real estate in said county, and cause the same
to be conveyed to Hester Ann Jenifer, his wife, for life,
with remainder to the children of the said Benjamin ;
and whereas, it is represented that the said Benjamin
Jenifer and Hester Ann, his wife, are desirous to emi-
grate to Liberia, but are prevented from doing so by
the fact that they are unable to sell the said real estate
and make a valid title thereto; Therefore,

Circuit judge
to pass a de-
cree for the
sale of the
real estate.

SECTION 1. Be it enacted by the General, Assembly
of Maryland, That the Circuit Judge of the eighth
judicial circuit, be, and he is hereby authorised and
empowered, on the application of the said Benjamin
Jenifer and Hester Ann, his wife, by their bill, to be.
filed, making the proper parties, according to the
course of proceedings in the Equity courts of this
State; and on proof, to the satisfaction of the said
judge, that the sale of the said real estate will be
for the interest and advantage of the parties con-
cerned, to pass a decree for the sale of the said real