| Date | Jan 6, 1810 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | MD |
| Title | An ACT concerning Crimes and Punishments |
| Description/Full Text | WHEREAS it frequently happens, that men resigning themselves to the dominion of inordinate passion, commit great violations upon the lives, liberties or property, of others, which it is the great business of the laws to protect and secure, and experience evinces that the surest way of pre- venting the perpetration of crimes, and of reforming offenders, is by a mild and justly proportioned scale of punishments; therefore, II. B s IT ENACTED, by the General Assembly of Maryland, That the offences herein after mentioned against the government and the supremacy of the laws, shall be punished in manner following; that is to say, 1st. Every person duly convicted of the crime of high treason against the state, shall suf- fer death by hanging by the neck, or be sentenced to undergo a confinement in the penitentiary-house herein after mentioned for a period not less than six nor more than twenty years, at the discretion of the court, and shall be kept therein at hard labour, or in solitude, and shall in all things be treat- ed and dealt with as is herein after directed. 2d. Every free negro, mulatto or slave, who shall be duly convicted of actually raising, and every white person who shall he duly convicted of actually raising, with any free negro, mulatto or slave, insurrection or rebellion in this state, shall suffer death by hanging by the neck, and every free negro, mulatto or slave, who shall be duly convicted of consulting, conspiring, or attempting to raise, and every white person who shall be duly convicted of consulting, conspiring, or attempting, with any free negro, mulatto or slave, to raise, insurrection or rebellion in this state, shall be sentenced to undergo a confinement in the said peni- tentiary for a period of time not less than six or more than twenty years, to be treated in all re- spects as herein after directed. 3d, Every person who shall be duly convicted of the crime of coun- terfeiting the great seal of this state for the time being, or the seal of any court, or any other pub- lic seal of this state, and of making use of the same, or of stealing any of the said true seals, or of unlawfully, falsely and corruptly, or with evil intent, affixing any of them to any deed, warrant or writing, or who shall be convicted of having in his or her possession or custody such counterfeit in- strument, and shall wilfully conceal the same, knowing it to be falsely made or counterfeited, shall be sentenced to undergo a confinement in the said penitentiary for a period of time not less than five nor more than ten years, to be treated as herein after directed. 4th. Every person who shall be convicted of having forged and counterfeited any gold or silver coin, which now is or hereafter shall be passing or in circulation within this state, or of having falsely uttered, paid, or tendered in payment, any such counterfeit and forged coin, knowing the same to be forged and counterfeited, or of having aided, abetted or commanded, the perpetration of either of the said crimes, ' shall be sen- tenced to undergo a confinement in the said penitentiary-house not less than four nor more than ten years, to be treated as herein alter directed. III. AND, whereas the several offences which are included under the general denomination of mur- der, differ so greatly from each other in the degree of their atrociousness, that it is unjust to in- volve them in the same punishment, therefore, BE IT ENACTED, That all murder which shall be per- petrated by means of poison, or by lying in wait, or by any kind of wilful, deliberate and premedi- tated killing, or which shall be committed in the perpetration of, or attempt to perpetrate, any ar- son, or to burn any barn, tobacco-house, stable, warehouse, or other out-house, not parcel of any dwelling-house, having. therein any tobacco, grain, hay, horses, cattle, or goods, wares and mer- chandise, rape, sodomy, mayhem, robbery or burglary, shall be deemed murder of the first degree; and all other kind of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascer- tain in their verdict, whether it be murder in the first or second degree; but if such person be con- victed by confession, the court shall proceed, by examination of witnesses, to determine the degree of the crime, and to give sentence accordingly; and every person liable to be prosecuted for petit treason shall in future be indicted, proceeded against and punished, as is directed in other kinds of murder, according to the degree. IVY AND BE IT ENACTED, That the offences herein after mentioned, affecting the lives or the persons of individuals, shall be punished in manner following; that is to say, 1st. Every person con- victed of murder of the first degree, his or her aiders, abettors and counsellors, shall suffer death, by hanging by the neck, 2d. Every person duly convicted of the crime of murder in the second degree, or as accessary thereto, shall be sentenced to undergo a confinement in the penitentiary-house herein after mentioned for a period not less than five nor more than eighteen years, under the same condi- tions as are herein after directed. 3d. Every person duly convicted of the crime of manslaughter, shall be sentenced to undergo a confinement in the said penitentiary for a period not more than ten years, to be dealt with as herein after directed. 4th. Every person, his or her aiders and abettors, who shall be duly convicted of the crime of mayhem, or of tarring and feathering, shall be sentenced to undergo a confinement in the said penitentiary-house for a space of time not more than ten years, to be treated as herein directed. 5th. Every person, his or her aiders, abettors and coun- sellors, who shall be duly convicted of the crime of cutting out or disabling the tongue, putting out an eye, slitting the nose, cutting or biting off the nose, ear or lip, or cutting or biting off or dis- abling any limb or member of any person, of malice aforethought, with intention in so doing to maim or disfigure such person, shall be sentenced to undergo a confinement in the said penitentiary for a period of time not less than two nor more than ten years, to be treated as this act directs. 6th. Every person duly convicted of the crime of rape, or as being accessary thereto before the fact, shall, at the discretion of the court, suffer death by hanging by the neck, or undergo a confinement in the said penitentiary for a period of time not less than one year nor more than twenty-one years, under the- same conditions as are herein after prescribed. 7th. if any person shall carnally know and abuse any Woman-child under the age of ten years, every such carnal knowledge, shall be deemed felony, and the offender, being convicted thereof, shall, at the discretion of the court, suffer death by hanging by the neck, or undergo a confinement in the penitentiary for a period not less than one year nor more than twenty-one years, to be dealt with according to law: 8th. Every person duly convicted of the crime of sodomy, shall be sentenced to undergo a similar confinement for a period not less than one year nor more than ten years, under the same conditions as are herein after directed. 9th. Every person duly convicted of the crime of an assault, with an intent to rob, murder, or commit a rape, shall be sentenced to undergo a confinement in the said penitentiary-house for a time not less than two nor more than ten years, under the conditions herein after prescribed. 10th. Every per- son, his or her counsellors, aiders. or abettors, who shall be duly convicted of the crime of kidnap- ping, and forcibly or fraudulently carrying, or causing to be carried out of this state, any free person, or any person entitled to Freedom at or after a certain age, period or contingency, or of arresting and imprisoning any free person, or any person entitled to freedom at or after a certain age, period or contingency, knowing such person to be tree, or entitled to their freedom, as aforesaid, with intent to have such person carried out of this state, shall be sentenced to undergo a confinement in the said penitentiary-house for a period of time not less than two nor more than tea years, to be treated as the law directs. V. AND BE IT ENACTED, That the offences herein after mentioned, affecting the habitations, houses or vessels, of individuals, shall be punished in manner following; that is to say, 1st. Every person duly convicted of the crime of arson, or as being accessary thereto, shall, at the discretion of the court, suffer death by hanging by the neck, or be sentenced to undergo a confinement in the peniten- tiary-house herein alter mentioned for a period of time not less than five nor more than twenty years, under the conditions herein after prescribed. 2d. Every person, his or her aiders, abettors or coun- sellors, who shall be duly convicted of the crime of wilfully burning any mill, distillery, manufac- tory, barn, meat house, tobacco house, stable, warehouse, or other outhouse, not parcel of any dwelling-house, being empty or having therein any tobacco, wheat, rye, oats, Indian corn, barley, flax, hemp, hay, or other country produce, horse or horses, cattle or goods, wares and merchandise, or of burning any stack, rick, mow or barrack of hay, fodder, flax, hemp, tan-bark, wheat or other grain, shall, at the discretion of the court, suffer death by hanging by the neck, or be sentenced to undergo a confinement in the said penitentiary-house for a term of time not less than three nor mere than twelve years, to be treated as herein after directed. 3d. Every person, his or her aiders or abet- tors, who shall be duly convicted of the crime of wilfully and maliciously burning any ship or other vessel, of seventeen feet keel or upwards, whether laden or empty, shall be sentenced to undergo a confinement in the said penitentiary-house for a period of time not less than two nor more than twelve years, to be treated as herein after described. 4th. Every person convicted of the crime of burglary, or as accessary thereto before the fact, shall restore the thing taken to the owner or owners thereof, or shall pay him, her or them, the full value thereof, and be sentenced to undergo a similar confine- ment for a period not less than three nor more than ten years, under the same conditions as are herein after prescribed. 5th. Every person, his or her aiders, abettors and counsellors, who shall be duly convicted of the crime of breaking a dwelling-house in the daytime, with intent to commit murder or felony therein, or of breaking a storehouse, warehouse or other out house, in the day or night, with an intent to commit murder or felony therein, shall be sentenced to confinement in the said penitentiary-house for a period of time not less than two nor more than ten years, to be dealt with according to law. 6th. Every person duly convicted of the crime of breaking into any shop, storehouse, tobacco-house or warehouse, although the same be not contiguous to or used with any mansion-house, and stealing from thence any money, goods or chattels, to the value of one dollar, or upwards, or as being accessary thereto, shall restore the thing taken to the owner or owners thereof, or shall pay him, her or them, the full value thereof, and be sentenced to undergo a similar confinement for a period not less than two nor more than twelve years, to be treated as herein after directed. VI. AND BE IT ENACTED, That the offences herein after mentioned, affecting private property, shall be punished in manner following; that is to say, 1st. Every person duly convicted of the crime of simple larceny to the value of five dollars, and upwards, or as accessary thereto before the fact, shall restore the money, goods or thing taken, to the owner or owners, or shall pay to him, her or them, the full value thereof, and be sentenced to undergo a confinement in the penitentiary-house hereinafter mentioned for a period of time not less than one year nor more than fifteen years, under the same conditions as are herein after directed. 2d. Every person convicted of the crime of robbery, or as accessary thereto before the fact, shall restore the thing robbed or taken to the owner or own- ers, or shall pay to him, her or them, the full value thereof, and be sentenced to undergo a confine- ment in the said penitentiary-house for a period of time not less than three nor more than ten years, under the same conditions as are herein after directed, 3d. Every person convicted of feloniously stealing, taking and carrying away, any horse, mare, gelding, colt, ass or mule, or as accessary thereto before or after the fact, shall restore the horse, mare or animal stolen to the owner or own- ers thereof, or shall pay to him her or them, the full value thereof, and also undergo a similar con- finement for a period not less than two nor more than fourteen years, under the same conditions as are herein after directed. 4th. Every person or persons duly convicted of wilfully and maliciously stab- bing, killing or destroying, any horse, mare, gelding, colt, ass or mule, not the property of such per- son, and not in the act of trespassing on his enclosures, shall undergo a confinement in the penitentiary- house for a period not less than one year nor more than four years, to be treated as herein after direct- ed. 5th. Every person who shall be duly convicted of the crime of stealing any ship, sloop or other vessel, of seventeen feet keel, or upwards, out of any place within, the body of any county or on the Chesapeake Bay, and within the jurisdiction of the state of Maryland, and not within the body of any county, or of the crime of feloniously taking and carrying away any negro or other slave, or of the crime of counselling, hiring, aiding or commanding, any person or persons to commit either of the said offences, or of the crime of being accessary to either of the said offences, shall restore the vessel or slave stolen to the owner or owners thereof, or pay him, her or them, the full value thereof, and also be sentenced to undergo a confinement in the said penitentiary-house for a period of time not more than twelve years, to be treated as herein after prescribed. 6th. If any person shall felo- niously steal, take and carry away, the personal goods of another under the value of five dollars, or if any person shall break into any shop, storehouse, tobacco-house or warehouse, although the same be not contiguous to, or used with, any mansion-house, and steal any money, goods or chattels, under the value of one dollar, the same order and course of trial shall be had and observed as for other simple larcenies, and being thereof convicted, shall be deemed guilty of petty larceny, and shall restore the goods and chattels so stolen, or pay the full value thereof, to the owner or owners there- of, and be further sentenced to undergo a similar confinement tor a period not less than three mouths nor more than one year, under the same conditions as herein alter expressed. 7th. Robbery or larceny of any obligation or bond, bill obligatory or bill of exchange, bank note or notes, promis- sory note for the payment of money, lottery ticket, paper bill of credit, certificate granted by or under the authority of this state or of the United States, or any of them, or of any last will and testament, or codicil, shall be punished in the same manner as robbery or larceny of goods and chattels. 8th. Every person who shall be duly convicted of the crime of receiving any stolen money, goods or chattels, knowing the same to be stolen, or of the crime of receiving any bond, bill obliga- tory, or bill of exchange, promissory note for the payment of money, lottery ticket, bank note, paper bill of credit, certificate granted by or under the authority of this state or of the United States, or any of them, knowing the same to be stolen, shall restore such money, goods or chattels, or thing taken and received, to the owner or owners thereof, or make restitution to the value of the whole, or such part as shall not be restored, and shall undergo a confinement in the penitentiary for a period not less than three months nor more than ten years, to be dealt with as herein after directed; and such receiver may be prosecuted and punished, although the principal offender shall not have been convicted. 9th. Any person who shall, with a fraudulent intent, employ an artist to engrave or etch any plate, in imitation of the note or notes of any established bank within this state, or of any bank which may hereafter be established within this state, or which is or may be established by law in any of the United States, or any person engaged in engraving or etching such plate or plates, or any per- son in any manner engaged in striking impressions from such plate or plates, or any person who shall affix to such note or notes, fraudulent or forged, signatures, or any person who shall, with fraudulent intent, be engaged in manufacturing of, or furnishing paper in imitation of, any paper used for striking impressions of notes upon by any established bank within this state, or any bank which may hereafter be established within this state, or which is or may be established by law in any of the United States, or any person who shall be in any manner concerned in the altering, forging or counterfeiting, any note of any bank now existing within this state, or of any bank which may hereafter be established within this state, or any person who may pass within this state forged or counterfeited note or notes, knowing them to be such, purporting to be the genuine notes of a bank regularly constituted within this state by the United States, or within any of them, or any person who may pass as genuine any note, purporting to be a note of a bank which does not exist, shall be deemed a felon, and shall,, on being duly convicted thereof, be sentenced to undergo a confinement in the penitentiary for a pe- riod not less than five nor mure than ten years, to be treated as herein directed. 10th. Any per- son who shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly act or assist in falsely making, forging, altering or counterfeiting, any deed, will, testament or codicil, bond, writing obligatory, bill of exchange, promissory note for the payment of money, or property, endorsement or assignment of any bond, writing obligatory, bill of exchange, acquittance or receipt for money or property, or any acquittance or receipt, either for money or property, with intention to defraud any person whomsoever, or shall utter or publish as true, any false, forged, altered or counterfeited deed, will, testament or codicil, bond, writing obli- gatory, bill of exchange, promissory note for the payment of money or property, endorsement or assignment of any bond, writing obligatory, bill of exchange, acquittance or receipt for money or property, shall be deemed a felon, and on being thereof duly convicted, shall be sentenced to undergo a confinement in the said penitentiary for a period of time not less than five nor more than ten years, to be dealt with as herein after mentioned. VII. AND DE IT ENACTED, That the offences herein after mentioned, affecting the public police, shall be punished in manner following; that is, to say, 1st. Whosoever being married, shall, the first husband or wife, as the case may be, being alive, marry any person or persons, shall undergo a confinement in the penitentiary far a period not less than one year nor more than nine years; provided, that nothing herein contained shall extend to any person whose husband or wife shall be continually remaining beyond the seas seven years together, or shall absent himself or herself seven years together, in any part. within the United States, or elsewhere, the one of them not knowing the other to be living at that time, and if such offender be a man, his first wife shall, an his conviction, be forthwith endowed of one third part of his real estate, which she shall hold as tenant in dower, the assignment of which shall be made as prescribed by law in other cases cf dower, and she shall have the like remedy for the recovery thereof; and she shall also, on his conviction, be forthwith entitled to one third, part of his personal estate, in the same manner as if such husband had died intestate and she had survived him, which third part shall be divided and al- lotted to her in the same manner as distribution is made of the personal estate of intestates; and if the said offender be a min, he shall, on conviction, forfeit his claim or title as tenant by the courtesy, and also all his claim or title to any estate, personal or mixed, which he may have in right of his first wife; and if the said offender be a woman, she shall, on conviction, forfeit her claim to dower of the estate of her first husband, and also her distributary share of his personal estate, which she would be entitled to if he had died intestate, and she had survived him, 2d. Every person who shall be duly convicted of keeping any E O table, or any other kind of gaming table, billiard-tables ex- cepted, at which the games of Pharo, Equality, or any other game of chance shall be played for money, or of keeping any bank, and inducing or permitting any person to bet against the said bank, or of strolling about the country from place to place, and deriving a support and maintenance chiefly from horseracing or gaming, shall be sentenced to undergo a confinement in the said penitentiary for a period not less than three months nor more than two years, to be dealt with as the law directs. 3d. Every commanding officer, captain or master, of any vessel, who shall be duly convicted of wil- fully importing in the same into this state, from any foreign country, and not any part of the United States, any felon, convict, or any slave, knowing him or her to be such, and very person duly con- victed of bringing into this state, by land or water, any negro or mulatto from any foreign country, not a part of the United States, with intent to sell and dispose of such negro or mulatto within this state as a slave, shall be sentenced to undergo a confinement in the said penitentiary for a period of time not less than one year. nor more than five ) ears, to be treated as herein after directed. 4th. If any person shall be apprehended, having upon him or her any picklock, key, crow, jack, bit or other implement, with an intent feloniously to break and enter into any dwelling-house, ware- house, stable or out-house, or shall have upon him or her any pistol, hanger, cutlass, bludgeon or other offensive weapon, with intent feloniously to assault any person, or shall be found in or upon any dwelling-house, warehouse, stable or out-house, or in any enclosed yard or garden, or area be- longing to any house, with an intent to steal any goods or chattels, every such person shall be deemed a rogue and vagabond, and, on being duly convicted thereof, shall be sentenced to undergo a con- finement in the said penitentiary for a period of time not less than three months nor more than two years, to he treated as the law prescribes. 5th. Any person who has been convicted and condemned to serve and labour as a criminal, and who may escape and be found in this state, shall be deemed a fugitive felon, and being thereof convicted by a duly authenticated record from the court of the state in which such conviction and condemnation took place, shall be sentenced to undergo a confinement in the penitentiary of this state for and during the residue of the term for which such person shall have been condemned; but if such person shall be demanded by the state whence he escaped, he shall be immediately delivered agreeably to such demand. VIII. AND BE IT ENACTED, That the offences herein after mentioned, affecting public justice or public property, shall be punished in manner following; that is to say, 1st. Every person who shall be duly convicted of the crime of perjury, or of subornation of perjury, shall be sentenced to un- dergo a confinement in the penitentiary-house herein after mentioned for a space of time not less than five nor more than ten years, to be treated as herein after directed. 2d. Every person, on being duly convicted of wilfully or corruptly embezzling, stealing, withdrawing, impairing, racing or altering, any will, testament, codicil, patent, deed, or assignment of a: patent, writ, return, re- cord, or parcel of the same, within this state, whereby the estate or right of any person shall or may be defeated, injured, or any ways altered, shall be sentenced to undergo a confinement in the pe- nitentiary for a space of time not less than three nor more than seven years, to be treated as the law prescribes. 3d. If any person shall falsely make, forge or counterfeit, or cause to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting, any commission, patent or pardon, or any warrant, certificate, or other public security, whereby money may be drawn from the treasury -of this state, or shall be concerned in printing, writing, signing or passing, any such forged, counterfeited warrant, certificate or public security, knowing it to be such, with intention to defraud any person or persons, every such person shall be deemed a felon, and, on being convicted thereof, shall he sentenced to undergo a confinement in the penitentiary for a pe- riod not less than two nor more than ten years, to be treated as the law prescribes. 4th. If any judge, or other person concerned in the administration of justice, take any illegal fee, gift or undue reward, to influence his behaviour in his office, and if any person shall give any money or thing to any judge, or other person concerned in the administration of justice, with intent to influence his behaviour in his office, every such judge or person shall be deemed guilty of bribery, and on being convicted thereof, shall be sentenced to undergo a confinement in the penitentiary for a term of time not less than two nor more than twelve years, to be treated as is prescribed by law, and shall be dis- qualified from holding ally office for ever thereafter. 5th. Every embracer who shall procure any juror to take gain or profit for rendering his verdict, upon conviction, and every juror convicted of taking gain or profit for giving his verdict, shall undergo a confinement in the penitentiary for a period not less than one year nor more than six years, and shall be disqualified to serve on juries for ever thereafter. 6th. If any person shall wilfully burn, or attempt or conspire to burn, any court- house, or county or public prison, or the penitentiary, poor-house, magazine or lazaretto, or public warehouse, or any other building belonging to this state, or the different counties, cities or towns, or bodies corporate in this state, or the office of the clerk or register of any court in this state, or the state-house of this state, or any public office contained therein, or any public office in this state of any kind whatever, or church or house of worship, college, academy or public school-house, en- gine-house, market-house, scale-house, watch-house, or public barrack, such person or persons, and his, her or their aiders, abettors and counsellors, and each of them, shall be deemed felons, and, on being duly convicted thereof, shall suffer death by hanging by the neck, or be sentenced to under- go a confinement in the penitentiary for a period of time not more than fifteen years, to be treated as the law directs. 7th. Every person duly convicted of the crime of wilfully and maliciously burning or destroying, or attempting or conspiring to burn or destroy, any public arsenal or magazine of provisions, or of military or naval stores, belonging to this state, or subject to the jurisdiction of this state, or of wilfully and maliciously burning or destroying, or attempting or conspiring to burn or destroy, any military or naval stores, ship or vessel, belonging to this state, the United States, or any one of them, shall suffer death by hanging by the neck, or be sentenced to undergo a confinement in the penitentiary for a period not less than three nor more than ten years, to be treated as the law directs. IX. AND BE IT ENACTED, That if any negro or mulatto slave shall be duly convicted of any crime herein mentioned, which may not, in the discretion of the court, under this act, be punished by hanging by the neck, such negro or mulatto slave, instead of confinement in the penitentiary, may, in the discretion of the court, be sentenced to receive on his or her bare back any number of lashes, not exceeding one hundred, and the court may also sentence such negro or mulatto slave to be ba- nished from this state, by transportation and sale, into some foreign country, for the benefit of the state or county, as the case may be, with as full power and authority as the governor may now ex- ercise under an act, entitled, An act declaring the power of the governor in certain criminal cases, such negro or mulatto slave to be valued and paid for in the manner herein after directed, and no- thing in this act contained shall be construed to deprive justices of the peace of any power or autho- rity which they may now exercise by law relative to free negroes and mulattoes, or negro and mu- latto slaves. X. AND BE IT ENACTED, That no conviction or attainder shall work corruption of blood or for- feiture of estate; the estate of such persons, as shall destroy their own lives shall descend or vest as in case of natural death; if any person be killed by casualty there shall be no forfeiture in conse- quence thereof; an approver shall never be admitted in any case whatsoever, and a sentence of death shall not be executed in less than twenty days after the judgment. XI. AND BE IT ENACTED, That all claims to dispensation from punishment, by benefit of clergy, shall be and are hereby lor ever abolished; and every person convicted of any felony, heretofore deemed clergyable, shall be sentenced to undergo a confinement in the penitentiary for any time not less than one year nor more than five years, to be treated as herein directed, except in those cases Where some other specific penalty is herein prescribed; and every person who shall be convicted of any felony heretofore excluded from the benefit of clergy, and not herein specified, shall be sentenced to undergo a confinement in the penitentiary for a period of time not less than five nor more than, twenty years, to be treated as this act directs. XII. AND BE IT ENACTED, That if any person be indicted of treason or felony, and he or she shall star. d mute, or will not answer to the indictment, the court, in such case, shall notwithstand- ing proceed to the trial of such person so standing mute, as if he or she had pleaded not guilty, and render judgment thereon accordingly. XIII. AND BE IT ENACTED, That in all capital cases, and in all other criminal cases, the punish- ment whereof upon conviction is confinement in the penitentiary for five years at the least, or the pu- nishment whereof may be extended to twelve years confinement in the penitentiary, and in all cases of larceny, where the money, goods or chattels, alleged to have been stolen, shall be valued in the in- dictment at the sum of one hundred dollars, or upwards, the person indicted shall be allowed the right of peremptory challenge, but in no case shall the accused be admitted to challenge more than twenty jurors, without assigning cause; and if any person so indicted shall peremptorily challenge above the number of twenty persons of the jury, the court, in such case, shall notwithstanding pro- ceed to the trial of the person so challenging, as if he or she had pleaded not guilty, and put himself or herself upon the country, and render judgment thereon accordingly. XIV. AND BE IT ENACTED, That in all criminal causes that may be brought to trial in the several courts of this state, in which a jury shall be necessary according to the constitution and the laws, except in the cases herein before mentioned wherein peremptory challenges are allowed, twenty per- sons from the pannel of petit jurors shall be drawn, by ballot, by the clerk, under the discretion of the respective courts, and the names of the twenty persons shall be written upon two lists, and one of said lists shall be forthwith delivered to the party indicted, or his or her counsel, and the other to the attorney prosecuting XXXII. AND BE IT ENACTED, That if any such offender, sentenced to undergo a confinement in the penitentiary, shall escape, he or she shall, on conviction thereof, suffer such additional con- finement and hard labour, agreeable to the directions of this act, and shall also suffer such corporal punishment, not extending to life or limb, as the court of oyer and terminer and gaol delivery for Baltimore county shall adjudge and direct. XXXIII. AND BE IT ENACTED, That if any keeper, deputy, assistant, or other person, shall wilfully and corruptly aid and assist in the escape of any offender confined in the penitentiary, every such keeper, deputy, assistant, or other person, upon being duly convicted thereof, shall be sen- tenced to undergo a confinement in the penitentiary for a term of time not more than fifteen years. XXXIV. AND BE IT ENACTED, That in order to prevent the introduction of contagious disor- ders, every person who shall be ordered to hard labour in the penitentiary, shall be separately washed and cleaned, and shall continue in such separate lodging until, in the opinion of the inspectors, he or she is fit to be received among the other prisoners, and the cloaths in which such person shall then be cloathed, shall either be burnt, or, at the discretion of two of the said inspectors, be buried, baked, fumigated, or carefully laid by, until the expiration of the time for which such offender shall be sentenced to hard labour, to be then returned to him or her. XXXV. AND BE IT ENACTED, That the walls of the cells and apartments in the said penitenti- ary shall be whitewashed with lime and water at least twice in every year, and the floors of the said cells and apartments shall be washed once in every week, or oftener, if the said inspectors shall so direct, by one or more of the said prisoners in rotation, who, at the discretion of the said keeper, shall have an extra allowance of diet for so doing; and the said prisoners shall be allowed to-,, walk and air themselves for such stated time as their health may require, and the keeper shall permit; and if proper employment can be found, such prisoners may be permitted, with the approbation of one of the inspectors, to work in the yard, provided such airing and working in the yard be in the pre- sence, or within the view, of the keeper, or his deputies or assistants. XXXVI. AND BE IT ENACTED, That one or more of the apartments in the penitentiary shall be fitted up as an infirmary, and in case any such offender, being sick, shall, upon examination of a physi- cian, be found to require it, he or she shall be removed to the infirmary, and his or her name shall be entered in a book to be kept for that purpose, and when such physician shall report to the said keeper that such offender is in a proper condition to quit the infirmary, and return to his or her employ- ment, such report shall be entered by the said keeper in the book kept for that purpose, and the keeper shall order him or her back to his or her former labour, so far as the same may be consistent with his or her state of health. XXXVII. AND BE IT ENACTED, That the governor and council for the time being of this state shall, and they are hereby required, to appoint a suitable person to be keeper of the said penitentiary, who shall, however, be removed whenever occasion may require, in which case another shall from time to time be appointed in like manner, who shall receive such compensation for his services, and in lieu of all fees and gratuities by reason or under colour of the said office, as the legislature from time to time shall direct, to be paid in quarterly payments, to be drawn from the treasury of the Western shore, and also five per centum on the sales of all articles manufactured by the said crimi- nals; and such keeper shall have power to appoint a suitable number of deputies and assistants, who shall also receive such allowances as the legislature shall think just, which allowances shall be paid quarterly in like manner; and before any such keeper shall exercise any part of the said office, he shall give bond to the state, with two sufficient sureties, to be approved of by the governor and council, in the sum of two thousand dollars, upon condition, that he, his deputies and assistants, shall well and faithfully perform the trust and duties in them reposed; which said bond, being exe- cuted before, and certified by, the governor and council, under the great seal of the state, shall be legal evidence in all courts of law in any suit against such keeper, or his deputies and assistants. XXXVIII. AND BE IT ENACTED, That the governor and council for the time being of this state shall, sometime in the month of December, annually, appoint twelve inspectors of the said penitentia- ry-house aforesaid, and if any person so appointed, and having accepted said appointment, shall refuse to serve in the said office, he shall forfeit and pay the sum of one hundred dollars, to be recovered by action of debt, and applied towards defraying the annual expenses of said institution; the said inspec- tors, seven of whom shall be a quorum, shall meet once in every three months, in an apartment to be provided for that purpose in the said penitentiary, and may be especially convened by the keeper, when occasion shall require, and they shall, at their first meeting, and at each quarterly meeting thereafter, appoint two of their number to be acting inspectors, and it shall be the duty of the act- ing inspectors to attend the said penitentiary at least once in each week, and shall examine into and inspect the management of the said penitentiary, and the conduct of the keeper and his deputies, and shall do and perform the several matters and things directed by them to be done and performed. XXXIX. AND BE IT ENACTED, That the board of inspectors, at their quarterly or other meetings, shall make such other and further orders and regulations for the purpose of promoting the objects of the institution, as they may deem proper, so that the same be not inconsistent with any law of this state, and such orders and regulations shall, be hung up in at least three of the most conspicuous places in the said penitentiary; and if the said keeper, or any of his deputies or assistants, shall obstruct or resist the said inspectors, or any of them, in the exercise of the powers and duties vest- ed in them by law, such person shall forfeit and pay the sum of. fifty dollars, to be recovered by action of debt, at the suit of the state, in any court of competent jurisdiction, and applied to the benefit of the penitentiary, and moreover be liable to be removed from office; and the governor of this state for the time being shall always be considered as one inspector, in addition to the number herein directed, whenever, he shall think proper to meet and act as such; and the said board of in- spectors shall annually, at their first meeting, and whenever thereafter a vacancy shall happen, ap- point a physician to attend the sick in the said penitentiary, who shall render his account quarterly to the said inspectors at their quarterly meetings, who shall decide thereon, and the said inspectors may allow the said physician a reasonable compensation for his services. XL. AND BE IT ENACTED, That the keeper of the penitentiary shall have power to punish all such prisoners guilty of assaults within the penitentiary, when no dangerous wound or bruise is given, profane cursing and swearing, or indecent behaviour, idleness, or negligence in work, or wilful mis- management of it, or of disobedience to the orders or regulations which the board of inspectors are herein authorised to make, by confining such offenders in the solitary cells of the penitentiary, and by keeping them on bread and water only for any term not exceeding ten days; and if any prisoner shall be guilty of any offence within the said penitentiary, which the said keeper is not authorised to punish, or for which he shall think the said punishment is not sufficient, by reason of the enormi- ty of the offence, he shall report the same to a board of the inspectors, who, if upon proper inquiry . shall think fit, may order such offences to be punished by moderate whipping, or by repeated whip- pings, not exceeding thirteen lashes each, or by close confinement in the, said solitary cells, with bread and water only for sustenance, for any time not exceeding thirty days, or by all the said pu- nishments. XLI. AND BE IT ENACTED, That if the keeper, or any other person, shall introduce into, or barter, give away or sell, within the said penitentiary, any spirituous or fermented liquors, except only such as the said keeper shall make use of in his own family, or such as may be required for any prisoner in a state of ill health, and for such purpose prescribed by an attending physician, and delivered in- to the hands of such physician, or other person appointed to receive them, such person shall forfeit and pay the sum of twenty dollars, one moiety to be paid to the person warranting, and the other to the inspectors, for the benefit of the institution, to be recovered before any justice of the peace if, and for Baltimore county. XLII. AMD BE IT ENACTED, That the keeper of the penitentiary shall, from time to time, with the approbation of any seven of the inspectors, provide a sufficient quantity of stock and materials, working tools and implements, for such offenders, and the said inspectors, or any seven of them, shall make report thereof to the governor and council, specifying in such report the quantity and nature of the materials, tools of implements wanted, with the amount and costs of the same, which shall be paid in the manner hereafter to be provided for by law, for which materials and implements, when received, the said keeper shall be accountable; and the said keeper shall, with the approbation of any seven of the said inspectors, have power to make contracts with any person whatever for the cloathing, diet and other necessaries, for the maintenance and support of such convicts, and for the implements and materials of any kind of manufacture, trade or labour, in which such convicts shall be employed, and for the sale of such goods, wares and merchandise, as shall be there wrought and manufactured, XLIII. AND BE IT ENACTED, That every inspector and keeper of the said penitentiary, before he acts as such, shall take an oath, or affirmation, as the case may be, that he will not receive, either directly or indirectly, at any time during his acting as such, any profits arising on any agency or contract for the supply or victualling the said penitentiary, and the certificate of the said oath, so as aforesaid to be taken, shall be deposited with the clerk of the court of oyer and terminer and gaol delivery for Baltimore county, and to be by him recorded; and any inspector or keeper knowingly swearing or affirming falsely in the premises, and being thereof convict in due course of law, shall suffer as in the case of wilful and corrupt perjury. XLIV. AND BE IT ENACTED, That the said keeper shall cause all accounts concerning the main- tenance of such convicts and prisoners to be entered regularly in a book or books to be kept for that purpose, and shall also keep separate accounts of the stock and materials so wrought, manufactured, sold and disposed of, and the monies for which the same shall be sold, and when sold, and to whom, in books to be provided for that purpose, all which books and accounts shall be at all times open for the examination of the said inspectors, and shall be regularly laid before them, at their quarterly or other meetings, for their approbation and allowance. XLV. AND BE IT ENACTED, That if any of the said inspectors, at their quarterly or other meet- ings, shall suspect any fraudulent or improper charges, or any omission in any of the said keeper's accounts, they may examine, upon oath or affirmation, the said keeper, or any of his deputies, ser- vants, or any person of whom any necessaries, stock, materials or other things, have been purchased for the use of the said penitentiary, or any person to whom any stock or materials wrought or manu- factured therein, or other things belonging to the same, have been sold, or any of the offenders con- fined in such penitentiary, or any other person or persons, concerning any of the articles contained in any such account, or any omission thereout; and in case any fraud shall appear in such account, the particulars thereof shall be reported by the said inspectors to the governor of this state. XLVI. AND BE IT ENACTED, That the court of oyer and terminer and gaol delivery for Balti- more county shall, at each and every term, charge the grand jury attending to inquire into the con- duct and management of the keeper, deputy and assistants, of the said penitentiary, and to make presentments of all offences and omissions of the said keeper, deputy and assistants, in and relating to the said penitentiary; and the said court shall, at the terms aforesaid, direct a number, not ex- ceeding six of the said grand jurors, to visit and examine the said penitentiary. XLVII. AND BE IT ENACTED, That it shall be the duty of the executive of this state, annually, during the first week of the session, to lay before the general assembly of this state a statement of the expenses, profits, loss, progress and concerns, of the said penitentiary; and if the said keeper shall be guilty of any fraud or misconduct, the governor and council shall immediately remove him from office, and cause suits to be brought on his bond for the recovery of any damage or loss that may be sustained, and another keeper shall be. immediately appointed in his place, under the directi- ons herein before mentioned. XLVIII. AND BE IT ENACTED, That no person whatever; except the keeper, his deputies, ser- vants or assistants, the inspectors, officers and ministers of justice, members of the general assem- bly, ministers of the Gospel, grand jurors, or persons producing a written license, signed by one of the said inspectors, shall be permitted to enter within the walls where such offenders shall be con- fined; and the doors of all the lodging rooms and cells in the said penitentiary shall be locked, and all the light therein extinguished, at the hour of nine, and one or more watchmen, if thought ne- cessary by the keeper, shall patrol the said penitentiary at least twice in every hour, from that time until the return of the time of labour in the morning of the next day. XLIX. AND BE IT ENACTED, That so soon as the said penitentiary-house shall be completed, or so far finished as to receive and securely toehold criminals who may be condemned to labour therein, according to the provisions of this act, the commissioners heretofore appointed to superintend the erection of the said building shall immediately report the same to the governor and council of this state; and if, upon viewing the said building, or upon good information, shall be satisfied that the said house is in sufficient readiness to carry the said penitentiary institution into operation, they shall immediately appoint a keeper and twelve inspectors of the said penitentiary, the inspectors to conti- nue in office until the next annual appointment shall take place; and the said keeper and inspectors shall proceed immediately to appoint proper assistants, procure materials, and prepare all things for the reception and management of criminals, according to the directions of this act; and the gover- nor shall thereupon issue his proclamation, and cause the same to be published in such of the public news-papers as he may think proper, declaring the said penitentiary-house ready for the reception of criminals who may be condemned to work and labour therein, and in thirty days from the date of the said proclamation, this act, and every part thereof, shall commence and be in full force and effect, until which time it shall be and is hereby suspended. L. AND BE IT ENACTED, That all male criminals, who, before the commencement of this act, shall have been condemned to serve and labour on the public roads of Baltimore county, or in making, repairing or cleaning, the streets or basin of Baltimore-town, and whose time of service and labour is unexpired, shall, at the court of oyer and terminer and gaol delivery for Baltimore county, next immediately after issuing the said proclamation, be brought into the said court by the superintendent of the criminals, and may openly pray the court to commute the judgment severally pronounced against them to a confinement in the said penitentiary, according to the directions in this act con- tained, during the residue of the time for which such convict shall have been condemned to serve ond labour, and upon such prayer being entered on record, the said court shall pronounce such com- mutation, and the same shall be recorded, and the prisoner shall then be sent to the penitentiary, and there detained for the residue of the time for which they were respectively condemned. LL AND BE IT ENACTED, That if any person shall hereafter be convicted of any crime com- mitted before the passing of this act, he or she shall be sentenced to undergo such pains and punish- ment as by the laws now in force are prescribed and directed, unless such convict shall openly pray the court, before whom such offender shall be tried, that sentence may be pronounced agreeably to the provisions of this act for the like offence, in which case the said court shall comply with the said prayer, and pass such sentence on such convict as they would have passed had the said offence been committed subsequent to the passing of this act. |
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[Author (if known)], Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860), [Date (if known)], Enduring Connections: Exploring Delmarva’s Black History, Nabb Research Center, Salisbury University.
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