Art. 30, s. 135. 1805, c. 82, s. 1. Mixing corn meal or other flour with wheat flour. Penalty. Id. s. 136. 1805, c. 82, s. 2. Magistrate to recognize offender. Amount of recognizance. On refusal, to commit. 193. If any person shall mix, or cause to be mixed, any corn meal or other flour with wheat flour, for the purpose of selling or otherwise disposing of the same as wheat flour, or shall send the same out of the State for the purpose, or with the intent, of selling or otherwise disposing of it, he, on conviction thereof, shall forfeit and pay for each and every such offence, a sum not less than two hundred dollars, nor more than one thousand dollars, one-half to the informer and the other half to the State. And in case such offender shall be unable to pay the same, he shall suffer not less than three nor more than twelve months' imprisonment, in the discretion of the court. 194. It shall be the duty of every magistrate before whom any information may be lodged, and proof made, of any violation of the preceding section, to issue his warrant to any constable of the county in which the same shall be committed, commanding him to bring such offender before him, or any other justice of the peace for said county, who shall recognize him in the sum of two thousand dollars, with good and sufficient security-or in case of neglect or refusal, then to commit such offender to prison, to take his trial at the next court having competent jurisdiction. Id. s. 105. 1790, c. 51, s. 11. Taking and Penalty. Id. s. 106. 1713, c. 2, s. 9; LETTERS. 195. If any person whatsoever shall presume to take and break open any letter whatsoever, not being unto him directed, or not having special license from the person to whom the same is directed, his executors or administrators, so to do, he shall, upon conviction thereof, suffer imprisonment for six days and be fined fifteen dollars, one-half to the State and the other half to the informer. 196. If any person shall wilfully break the seal of any letter or 1790, c. 51, s. 11. package belonging to the public, he shall, on conviction thereof, be fined two hundred dollars, one-half to the informer and the other half to the State. Breaking seal of letters, etc. Penalty. FUNERALS. 1867, c. 24. No tolls from funeral carriages. 197. No turnpike, bridge, or ferry company, and no proprietors of any turnpike or other road, bridge or ferry, shall hereafter collect any tolls upon any carriages or other vehicles, or horses, going to or returning from any funeral. Every toll-gatherer, who shall knowingly collect any tolls, contrary to the above provisions, or who shall knowingly refuse to allow any horse or vehicle going to or returning from a funeral, to pass without payment of toll, shall forPenalty against feit and pay for every such offence, a sum of not less than fifty dollars, and not more than one hundred dollars, one-half to the informer and the other half to the State; and the company or other parties owning such road, bridge, or ferry, shall also be responsible for the same. toll-gatherer. RIVERS. Prohibiting Chesapeake bay 198. If any hallast, ashes, filth, earth, soil, oysters, or oyster 1872, c. 58. shells, be taken, unladen or cast out of any ship, steamboat, scow, deposit of balpungy, or other vessel, on any pretence whatever, in the Chesapeake last, etc., in bay, above" Sandy Point," or in the waters of Herring bay, or in and rivers, etc. any river, creek, or harbor, within this State, below high-water mark, the master, or other person having charge or command of such ship, steamboat, scow, or other vessel, shall, upon conviction thereof before any justice of the peace of this State, be fined not less than twenty dollars, nor more than one hundred and fifty dol- Penalty. lars, one-half of which amount shall be paid to the informer, and the other half to the State; provided, however, that any one convicted of violating the provisions of this section, shall be entitled to appeal to the Circuit Court of the county in which he was con- Right of appeal. victed, or to the City Court of Baltimore City, if the offence was committed in the city of Baltimore; provided, that nothing herein Proviso. contained shall be construed to apply to the improvement of harbors, or to affect any existing act of Assembly relating to the construction of wharves, or to rights of riparian proprietors. 1872, c. 58; is 1874, c. 181 199. The commanding officer of the State fishery force hereby required and directed to enforce the provisions of the foregoing section. Commander of State fishery force to enforce. Casting of ear in Potomac 200. If any person shall place, cast, or throw into the Potomac 1874, c. 355. river, at any point above the canal dam, near the mouth of Will's cass of animal creek, any dead body, or carcass of any dog, horse, cow, hog, cat, river. or other animal whatsoever, or shall drown therein any animal whatsoever, or shall place, cast, or throw therein any substance whatsoever, calculated to render the waters of said river impure or unfit for use, he shall forfeit and pay a sum of not less than twenty dollars, nor more than one hundred dollars, one-half to Penalty. the informer, and the other half to the State, to be recovered by action of debt or indictment in the county wherein the offence was committed. Art. 30, s. 171, 1734, c. 16, s. 3. Building of weir or hedge across 201. No person shall build any weir or hedge across any river, creek, or branch, below any public landing-place, so as to prejudice or dam up the channel, or to obstruct the passage of boats, on pain river. of forfeiting twenty-five dollars, to be recovered in the proper court Penalty. by action of debt or by indictment. ARTICLE LXXIII. PROCEEDINGS IN CRIMINAL CASES. INDICTMENTS, FALSE PRETENCES, GAMING, AND LOTTERIES. 1. Indictment, etc.; how misnomer of de- 6. False pretences how stated; defendant enfendants amended. 2. Amendment of names other than of de- 3. How ownership of property laid. 4. What defects not available on motion to 5. Conclusion of indictments; felony and titled to names of witnesses and statement. 7. Lottery drawing, gaming, etc.; sufficiency of indictment in. 8. Amendments. 9. What necessary indictinents for forgery; for embezzlement and obtaining by false pretences; describing instruments. Art. 30, s. 79. 1852, c. 176, s. 1. Indictments, etc. How misnomer of defendants amended. Id. s. 80. INDICTMENT, FALSE PRETENCES, GAMING AND LOTTERIES. 1. Whenever the misnomer of any defendant or defendants is pleaded in abatement to any indictment in any of the courts of this State having criminal jurisdiction, it shall be lawful for the State's attorney prosecuting the same, or other person prosecuting for the State, on application to the court, to amend the said indictment by inserting in the place of the name or names so erroneously set forth in the said indictment, the true name or names of such party or parties, as disclosed in the said plea of abatement, and it shall be the duty of the clerk of the court to indorse the amendment, and to enter the said case upon the docket of the court, according to the true name or names of the party or parties so indicted. 2. Whenever it shall appear after a jury sworn on any indictment, Amendments of in any of the courts of this State having criminal jurisdiction, that 1852, c. 176, s. 2. than of defend jury sworn. 25 Md. 146. the name or names of any person or persons other than the defend- names other ant or defendants have been erroneously set forth in the said indict- ant made after ment, it shall be lawful for the State's attorney, or other person prosecuting for the State, on application to the court, to amend the said indictment according to the proof in the said cause; and it shall be the duty of the court in which such trial shall be had to proceed with the trial of the said indictment so amended, unless oath shall Proceedings. be made by the party or parties so charged that the said amendment or amendments has or have disclosed a fact or facts to him heretofore unknown, or that the immediate proceeding with the trial of the said indictment would tend to his prejudice; and in such case it shall be the duty of the court to discharge the jury sworn in the said case without a verdict, and to postpone the trial thereof for such reasonable time as the court shall determine; or in case the said indictment is submitted to the court without the intervention of a jury, it shall be lawful for such amendment to be made as aforesaid, and also to postpone the hearing of the said case for such time as it shall determine to be necessary. 3. In any indictment for any felony or misdemeanor wherein it shall be requisite to state the ownership or possession of any property whatsoever, whether real or personal, which shall belong to or be in the possession of more than one person, whether such persons be partners in trade, joint tenants, parceners, tenants in common or trustees, it shall be sufficient to name one of such persons, and to state such property to belong to or be in possession of the person so named, and another or others as the case may be; and whenever in any indictment for any felony or misdemeanor, it shall be necessary to mention for any purpose whatever any partners, joint tenants, parceners, tenants in common or trustees, it shall be sufficient to describe them in the manner aforesaid. Id. s. 81. 1852, c. 63, s. 1. of property faid. 1852, c. 63, s. 2. motion to 6 Md. 400; 9 Md. 12 Md. 233, 253, 514; 14 Md. 136, 238; 39 Md. 355; 47 Md. 485. 4. No indictment or presentment for felony or misdemeanor shall Id. s. 82. be quashed, nor shall any judgment upon any indictment for any What defects felony or any misdemeanor, or upon any presentment, whether after not available on verdict, by confession or otherwise, be stayed or reversed for the want quash, of a proper or perfect venue, when the court shall appear by the indict- 21; 10 Md. 431; ment, inquisition or presentment, or by the statement of the venue in the margin thereof, to have jurisdiction over the offence, nor for the omission or misstatement of the title, occupation or degree of the defendant or other person or persons named in the said indictment, inquisition or presentment, nor for the want of the averment of any matter unnecessary to be proved, nor for the omission of the words "as appears by the record," or of the words "with force and arms," nor for the insertion of the words "against the form of the statute," instead of "against the form of the statutes," or vice versa, nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the in Id. s. 83. 1852, c. 63, s. 3. 7 G. & J. 290. Felony and misdemeanor not merged. Counts may be for both. Id. s. 84. 1835, c. 319, s. 2. how stated. dictment or making the presentment, or on an impossible day, or on a day that never happened, or by reason of any mere defect or imperfection in matters of form which shall not tend to the prejudice of the defendant, nor for any matter or cause which might have been a subject of demurrer to the indictment, inquisition or presentment. 5. 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 common law may have been 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 misde meanor. 6. In any indictment for false pretences, it shall not be necessary False pretences, to state the particular false pretence intended to be relied on in proof of the same, but the defendant, on application to the State's attortitled to names ney before the trial, shall be entitled to the names of the witnesses and a statement of the false pretences intended to be given in evidence. Defendant en of witnesses and statement. Id. s. 85. 1856, c. 195, ss. 1-10. Lottery draw ing and gaming, etc. 42 Md. 563. Sufficiency of indictment in. Id. s. 86. 1785, c. 80, s. 4; Amendments. 7. In any indictment for violation of the law prohibiting gaming, or for violation of the law prohibiting the drawing of lotteries or the selling of lottery tickets or other device in the nature thereof, it shall not be necessary to set forth the particular kind of gaming or gaming table, or to set forth the particular scheme of lottery, but it shall be sufficient if the indictment sets forth that the defendant kept a gaming table," or that "he drew a lottery," or sold "a lottery ticket,” as the case may be, but the defendant may, by application to the State's attorney, obtain a statement more particularly describing the offence intended to be proved under such indictment. 66 8. All indictments under the last preceding section may be amended 1852, c. 176, s. 2. at any time before verdict so as to present properly the merits of the charge, and the court may permit such amendment after the jury is sworn and proceed with the trial, or the court may, in its discretion, allow a juror to be withdrawn and continue the case. 1862, c. 80. for forgery. 9. It shall be sufficient in any indictment for forging, uttering. in indictments disposing of, putting off or passing any instrument whatsoever, or for obtaining any property by false pretences, to allege that the defendant did the act with intent to defraud, without alleging the intent of the defendant to be to defraud any particular person, and on the trial of any of the offences in this section mentioned it shall not be necessary to prove an intent on the part of the defendant to defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged with an intent to defraud. In any indictment for forging, altering, putting off, passing, stealing, embezzling, destroying, or for obtaining by false pretences any instrument, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known or by the purport thereof, without setting out a copy or fac-simile For embezzle ment and ob taining by false pretences. |