1868, c. 471, s. 134. Injuring, etc., lines, posts, piers, abutments, etc. Punishment. 1868. c. 471, s. 135. tents of com munications. TELEGRAPHS. 97. Any person who shall unlawfully and intentionally injure, molest, or destroy any of the lines, posts, piers, or abutments, or the materials or property connected with the working of any telegraph line, shall on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding five hundred dollars, or imprisonment in the county or city jail not exceeding one year, or both, at the discretion of the court before which the conviction shall be had. TELEGRAPH MESSAGES. 98. Any person connected with any such corporation in this Divulging con- State, either as clerk, operator, messenger, or in any other capacity, who shall wilfully divulge the contents, or the nature of the contents of any private communication intrusted to him for transmis sion or delivery, or who shall wilfully refuse or neglect to transmit or deliver the same, shall on conviction before any court be adjudged guilty of a misdemeanor, and shall suffer imprisonment in the jail in the county or city where such conviction shall be had for a term of not more than three months, or shall be fined not exceeding five hundred dollars, in the discretion of the court. Punishment. Art. 30, s. 67. 1728, c. 7, s. 7. Gunning on lands of another. Fine. Art. 30, s. 204. 1816, c. 160, s. 1. Obtaining whiskey or flour from wagoner, etc., below market price, or making out false bills for the same. Penalty. Id. s. 205. 1816, c. 160, s. 2. GUNNING. 99. Every person who shall, upon any pretence whatever, come to hunt with gun or dog upon the lands of another, without leave or license from the owner or possessor thereof first had and obtained, shall, for every such offence, forfeit and pay to the party grieved the sum of five dollars, to be recovered before a justice of the peace in the name of the State: this section not to apply to Dorchester county. WHISKEY AND FLOUR-FRAUDULENT SALES OF. 100. If any person shall give or promise to give to any driver or person having charge of any wagon or other carriage, any sum of money or goods of any description for the purpose of obtaining flour or whiskey intrusted to the care of such driver, or person having the charge or care thereof, at any price below the market price of the day, or shall wilfully make out any bill or bills for the same, without stating the full amount paid or promised to be paid to such wagoner or person having the care thereof, he shall forfeit and pay a sum not less than twenty nor more than fifty dollars, one-half to the informer and the other half to the use of the person injured, to be recovered before any justice of the peace as small debts are recovered. 101. If any driver, or person having charge of any wagon or other carriage, shall take or receive any sum of money or goods of and not return any description from any person as an inducement for selling any Driver receiv ing money, etc., owner. flour or whiskey under the market price of the day, and not make ing same to return thereof to the proper owner of such flour or whiskey, he shall pay to the person injured, double the amount of the sum so received, and shall pay a fine not less than five nor more than twenty dollars, one-half to the person prosecuting for the same and the Penalty. other half to the use of the county or city where the case is heard, to be recovered as small debts are recovered. OFFENCES AGAINST CHASTITY AND MORALITY. BIGAMY. Art. 30, s. 11. 1809, c. 138, s. 7. 1706. c. 8: Bigamy. 29. G. & J. 54. 1 Peters, 108. or wife beyond seven years, entitled to dower and thirds. 102. Whosoever being married shall, the first husband or wife (as the case may be) being alive, marry any person, shall undergo a confinement in the penitentiary for a period not less than eighteen months, nor more than nine years; provided, that nothing herein contained shall extend to any person whose husband or wife shall Punishment. be continually remaining beyond the seas seven years together, or where husband shall be absent himself or herself seven years together, in any part seas, or absent within the United States, or elsewhere, the one of them not knowing not guilty. the other to be living at that time; and if such offender be a man, If offender a his first wife shall, on his conviction, be forthwith endowed of one-third man, his wife 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 of 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 allotted to her in the same manner as distribution is made of the personal estate of intestates; and if the said offender be a man, he shall, on conviction, forfeit his claim Forfeits curtesy or title as tenant by the curtesy, and also all his claim or title to any in wife's estate. 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, If a woman, forfeit her claim to dower of the estate of her first husband, and also forfeits dower her distributive share of his personal estate which she would be entitled to if he had died intestate, and she had survived him. and all interest and thirds. MARRYING UNLAWFULLY. 1777, c. 12, s. 2; Unlawful 103. If any person shall marry with any person within the three Art. 30, s. 124. degrees of direct lineal consanguinity, or within the first degree of 1785, c. 35. collateral consanguinity, each of the parties so marrying, on convic- marriage. tion thereof, shall forfeit and pay fifteen hundred dollars, or be ban- Penalty. ished the State forever. Id. s. 125. 1777, c. 12, s. 2; Person marry 1790, c. 20. 104. If any person shall marry with any person related within any other of the degrees of kindred or affinity prohibited by the laws of this State, each of the parties so marrying shall, on conviction prohibited ing within other thereof, forfeit and pay five hundred dollars. degrees. Id. s. 126. 1777, c. 12, s. 4. 105. If any minister shall knowingly celebrate the rites of marMinister know- riage between any persons related in the degrees of kindred and persons related affinity prohibited by law, he shall, on conviction, pay five hundred ingly marrying within pro hibited degrees. dollars. Penalty. Id. s. 127. 1715, c. 44, s. 24. Minister marry ing negro with white person. Fine. Id. s. 129. 1777, c. 12, s. 3. Unauthorized person celebrating rites of marriage. Fine. Id. s. 130. 1777, c. 12, s. 5. 106. If any minister, pastor, or other person who, according to the laws of this State, do usually join people in marriage, shall upon any pretence join in marriage any negro with any white person, he shall, on conviction, be fined one hundred dollars. 10%. If any person shall celebrate the rites of marriage between any white persons except the persons authorized by the laws of this State to celebrate the rites of marriage, such person, on conviction thereof, shall be fined five hundred dollars. 108. If any person in this State shall marry without such license, Marrying with or without such publication as the law requires, on conviction, he shall be fined one hundred dollars. This section does not apply to Quakers, who marry according to the usages of their society. out license or publication. Fine. Id. s. 131. 1777, c. 12, s. 6. Going out of State, and so doing. Fine. Id. s. 132. 1777, c. 12, s. 5. 109. If any person belonging to this State, shall go out of this State and there marry with any person belonging to this State, without such license or publication, each of the said parties, on conviction, shall be fined one hundred dollars. 110. If any minister shall marry any person without such license Minister marry- or publication, on conviction thereof, he shall be fined one hundred ing without license. Fine. Id. s. 133. 1777, c. 12, s. 3. Minister marrying minors without consent of parents or guardian. Fine. dollars. 111. If any minister shall knowingly join in marriage any male under the age of twenty-one years, or any female under the age of sixteen years, and not before married, without the consent of the parent or guardian of every such person, personally given or signified under the hand and seal of the said parent or guardian, and attested by two witnesses, he shall, on conviction, be fined fifteen hundred dollars. Art. 30, s. 1. 1715, c. 27, s. 3; 1749, c. 12. Adultery. Fine. Art. 30, s. 151. 1715, c. 44, s. 25. Fornication with negroes. Punishment. Art. 30, s. 201. 1793, c. 57, s. 10; ADULTERY. 112. Any person who shall commit adultery shall, upon conviction thereof in any of the Circuit Courts for the counties of this State or the Criminal Court of Baltimore, be fined ten dollars. FORNICATION WITH NEGROES. 113. Any white woman who shall suffer or permit herself to be got with child, by a negro or mulatto, upon conviction thereof in the court having criminal jurisdiction either in the city or county where such child was begot, or where the same was born, shall be sentenced to the penitentiary for not less than eighteen months nor more than five years. SODOMY. 114. Every person convicted of the crime of sodomy, shall be Punishment for sentenced to the pentitentiary for not less than one year nor more INCENDIARY AND OBSCENE PUBLICATIONS. 1835, c. 325, s. 1. assisting to cir tions. 115. If any person shall knowingly circulate, or in any way know- Art. 30, s. 73. ingly assist in circulating among the inhabitants of this State, any Circulating or pictorial representation, or any pamphlet, newspaper, handbill, or culate incenother paper, printed or written, of an inflammatory character, hav- diary publicaing a tendency to create discontent among and stir up to insurrection the negroes of this State, he shall be guilty of a felony, and shall be sentenced to the penitentiary for not less than ten nor more than Punishment. twenty years. 1835, c. 325, s. 2. 116. No citizen of this State shall knowingly make, print or en- Id. s. 74. grave, within this State, any pictorial representation, or write or Printing, etc., print, or aid in the writing or printing, any pamphlet, newspaper, same. or aiding in handbill, or other paper of an inflammatory character, and having a tendency to excite discontent or stir up insurrection amongst the negroes of this State, or of either of the other States or Territories of the United States, or knowingly carry or send, or aid in the carrying or sending the same for circulation amongst the inhabitants of either of the other States or Territories of the United States, and any person so offending shall be guilty of a felony, and shall, on conviction, be sentenced to the penitentiary for not less than ten nor Punishment. more than twenty years. Notice by knowledge. 117. It shall be the duty of every inhabitant of this State, who 1a. s. 76. shall know that any such handbill, pamphlet, newspaper, pictorial 154 272, s. 2. representation, or other paper, is or shall have been in possession of parties having any negro, to give immediate notice of the same to some justice of this State, for the county or city, as the case may be, and if any inhabitant of the State shall fail so to do, he shall be liable to indictment, and, upon conviction, shall be fined not less than five hundred Punishment. dollars, or imprisoned for not less than sixty days, at the discretion of the court. 1853, c. 183. Obscene 118. Whenever any newspaper, or other periodical publication, Id. s. 78. printed, issued or published in this State, shall contain any obscene or or licentious matter, whether the same be contained in any professional licentious pubor other advertisements, or in any other article, whether original, communicated, or copied from any other publication, every proprietor and publisher shall be held to be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than twenty nor more than two hundred dollars, and imprisoned for not less than ten days nor more than one year, in the discretion of the court in which the conviction shall be had. And each successive number of any newspaper, or periodical, containing any such obscene or licentious matter, shall be deemed a new publication thereof, and shall subject every proprietor and publisher to indictment and punish- Punishment. ment as for a distinct offence. Art. 30, s. 164. 1725, c. 6; 1747, ss. 1, 2; 1839, c. 32, s. 1: 1844, c. 173; 1846, c. 145. Erecting booths, etc., for sale of spirituous liquors, etc., near religious meeting, or selling near RELIGIOUS MEETINGS. 119. If any person shall erect, place, or have any booth, stall, c. 17: 1824, c. 53, tent, carriage, boat, vessel, or other vehicle or contrivance whatever, for the purpose or use of selling, giving, or otherwise disposing of any kind of spirituous or fermented liquors, or any other articles of traffic; or shall sell, give, barter, or otherwise dispose of any spirituous or fermented liquors, or any other articles of traffic, within two miles of any camp meeting, or other place of religious worship, during the time of holding any meeting for religious worship at such place, such person, on conviction before a justice of the peace, for the first offence shall be fined not less than five nor more than twenty dollars, and stand committed to jail until the fine and costs are paid; and for the second offence shall be fined as aforesaid, and be imprisoned not less than ten nor more than thirty days. same. Punishment. Id. s. 165. 1824, c. 53, s. 2; 1827, c. 29, s. 1. Goods forfeited. offenders and seize goods. 120. If any person shall commit an offence against the provisions of the preceding section he shall, in addition to the penalties therein mentioned, forfeit all such spirituous or fermented liquors and other articles of traffic, and all the chests and other things containing the same, belonging to and in the possession of the person so offending, together with such booth, stall, tent, carriage, boat, vessel, vehicle, or other contrivance or thing prepared and used in violation of said Sheriff to arrest section. And it shall be the duty of any sheriff, deputy sheriff, or constable, if he sees any person violating the preceding section, to arrest the offender and carry him before a justice of the peace. The sheriff, deputy sheriff, or constable, when he arrests the offender, shall seize the property hereby declared to be forfeited, or shall seize the same on a warrant against the offender, if such offender cannot be found; and the justice of the peace before whom such offender is convicted, or before whom the warrant is returned that the of fender cannot be found, shall enter judgment of condemnation against demn property. such property, and issue a fieri facias for the sale thereof; provided, the person who has been returned not found, and whose property has been condemned in his absence, may appear at any time before the sale of the property and have the case tried, as if he had ap peared at the return of the warrant. Justice to con Id. s. 166. Who exempt. 121. The provisions of the two preceding sections shall not 1824, c. 53, s. 3. apply to any licensed tavern-keeper, merchant, shop-keeper, farmer, or other person, in the usual and lawful transaction of his ordinary business, in the usual place of transacting such business, or to any person having permission in writing from the supervisor of such meeting, to sell such articles as may be named in such permission. 122. If any person shall disturb any congregation, society, or 1824. c. 53, s. 5 meeting assembled for the purpose of religious worship, by blowing horns or trumpets, firing guns, or by any riotous or disorderly conversation, or by any other means, with intent to interrupt or disturb the worship, devotion, or exercises of such congregation, society, or meeting, or of any of the persons attending such meeting, he, on Id. s. 167. 1827, c. 29, s. 2; 1849, c. 195. Disturbing congregation. |