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Session Laws, 1856
Volume 623, Page 324   View pdf image
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324

LAWS OF MARYLAND.

and arrest on board his vessel, any of the class of
persons above mentioned, who are prohibited from
going on board of any vessel in this State, and to
take them before any Justice of the Peace, to be dealt
with according to law.

Must prove
permission.

SEC. 7. And be it enacted, That at the trial of any
person for going on board a vessel without permis-
sion first had and obtained, it shall be incumbent on
him to prove that he had received permission to en-
ter; in default of his proving this he shall be con-
sidered as having entered without permission, and
found guilty accordingly.

If incapable.

SEC. 8. And be it enacted, That any person who
shall ship as a first class or ordinary seaman, and up-
on trial prove to be incapable of performing the du-
ties of the situation for which he shipped, his pay
shall be reduced to the pay of that grade for which
he shall have been found competent.

Testimony
admirable.

SEC. 9. And be it enacted, That a copy of the ar-
ticles of any vessel, authenticated by the affidavit of
the Captain, sworn to before any Justice of the Peace
or Notary Public, shall be admissible in evidence to
prove the fact that any seaman whose name appears
subscribed thereto has actually signed said articles.

Transient
witnesses.

SEC. 10. And be it enacted, That when the testi-
mony of any master of a vessel or other transient
person, shall be deemed by a Justice of the Peace,
before whom a prosecution is commenced, to be ne-
cessary at the trial of the case, such Justice of the
Peace shall have power, after five days notice to the
party accused, to summon such witnesses before a
Justice of the Peace to give evidence in the same
manner as if examined in open court; the accused
having the right to cross-examine the witness; the
evidence shall be certified and sealed up by the Jus-
tice of the Peace, and shall be used on the trial of
the case; Provided, the party prosecuting makes oath
that the witness whose examination has been taken
is not, at time of trial within the jurisdiction of this
State.



 
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Session Laws, 1856
Volume 623, Page 324   View pdf image
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