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DESTROYING PROPERTY MALICIOUSLY.

1868, c. 56 repeals 1867, c. 153 and 1864, c. 247 [Sup. 80] and re-enacts the same to read as follows:

1868, c. 153. Trespass on

ing, &c., houses,

&c.

Fine.

42. Any person or persons who shall enter upon the land and injur- land of any other person or body corporate or politic in this state, and shall wilfully or maliciously injure or destroy any house, take and carry away any growing tree, or cut down a tree, or destroy a vine, plant, shrubbery, root, vegetable, fruit or grain, or any fencing, cord wood or hoop poles, shall on conviction thereof be adjudged guilty of a misdemeanor, and after presentment and indictment by a grand jury, and conviction, be fined not less than five dollars nor Imprisonment. more than one hundred dollars, or be imprisoned in the city or county jail not less than one month nor more than two months, or be both fined and imprisoned as aforesaid in the discretion of the court aforeTo what coun- said, and this article shall apply to Alleghany, Frederick, Prince George's, Harford, Washington, Baltimore, Kent, Queen Anne's, Talbot, Caroline, Cecil, Somerset, Carroll, Worcester, Anne Arundel, Montgomery, St. Mary's, Charles, Howard, Dorchester, Wicomico and Calvert counties.

ties applicable.

In force and approved February 18, 1868.

LARCENY.

1868, o. 214 repeals section 100 and re-enacts the same to read as follows:

1868, c. 214. Petty larceny.

100. If any person shall feloniously 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,

he shall be deemed guilty of petty larceny, and shall Penalty.
restore the goods and chattels so stolen, or pay the full
value thereof to the owner thereof, and be further sen-
tenced to the penitentiary, or to the jail of the county
in which the offence may have been committed, or of
the city of Baltimore, if the offence be committed in
said city, in the discretion of the court, for not more
than eighteen months.

In force and approved March 28, 1868.

ARTICLE XXXIII.

Deaf, Dumb and Bliud.

INDIGENT BLIND.

3. Annual appropriation.

INDIGENT BLIND.

1868, c. 205 repeals 1866, c. 74, [Sup. 99,] being section 3 of this article, and enacts the following in lieu thereof:

Annual appro

SEC. 3. A sum not exceeding fifteen thousand dol- 1868, c. 205. lars, shall be annually appropriated to be applied, priation. under the direction of the governor, in placing for instruction in the Maryland Institution for the instruction of the blind, such indigent blind persons of the age of nine years and upwards, inhabitants of this state and the county or city from which they are recommended, as may be duly recommended to the governor by the county commissioners of each county, and by the judges of the orphans' court of Baltimore city.

In force and approved March 28, 1868.

NOTE.-1868, c. 409 amends and adds sections to 1867, c. 247, an act to establish and incorporate an Asylum for the Deaf and Dumb of the State of Maryland.

ARTICLE

Domestic Insurance Companies.

1. Joint stock insurance companies to make annual statements to comptroller: what to contain: fee to comptroller.

2. Statements to be published: penalty.

1868, c. 294, entitled an act to add a new article to the Code of Public General Laws, to be entitled "Domestic Insurance Companies," providing for annual reports of the condition of the said several insurance companies incorporated under the laws of this state, and doing business within the limits thereof, enacts the following:

1868, c. 294.

Joint stock in

nies to make

annual state

ments to comptroller.

What to contain.

SEC. 1. Every joint stock insurance company organsurance compa- ized under the laws of this state, and doing business of insurance therein, shall make annually, on the first day of January, or within thirty days thereafter, to the comptroller of the treasury, a statement of the condition of said company, verified by the oath of its president or secretary, which statement shall give the amount of its chartered capital, the amount of capital actually paid in, the amount of losses due and unpaid, the amount of losses ascertained but not yet due, the amount of losses reported but not yet adjusted, and all other liabilities of every nature and kind whatsoever, together with a detailed list of all its assets, whether in real estate, bond and mortgage, public stocks, stock notes, premium notes, or other personal security, designating the amount, if any, secured by its own stock, or in cash, and at the time of rendering such statement Fee to comp each company shall pay to the comptroller a fee of ten dollars.

troller.

Statements to be published.

2. Every company as aforesaid shall cause the statement rendered by it to the comptroller, to be published on the first Monday in the month of February, in the same year, daily for one week, in one or more newspapers of the place where said company is located; and if any company as aforesaid shall fail to make the required return of its condition within the time herein designated, or to make the publication thereof within the month of February aforesaid, the said company

shall be liable to a penalty of fifty dollars for each Penalty.
omission for every day thereafter, until the return
shall have been rendered or the publication made as
required, said penalty to be payable into the treasury
of the state, and recoverable in like manner as other
fines and penalties.

In force and approved March 30, 1868.

ARTICLE XXXV.

Elections.

REPRESENTATIVES IN CONGRESS.

76. Representatives.

REPRESENTATIVES IN CONGRESS.

Representa

1868, c. 335 repeals sections 76 and 77 and enacts the following in lieu thereof: SEC. 76. Elections of representatives of this state in 1868, c. 335. the congress of the United States, shall be held on the tives. Tuesday next after the first Monday in the month of November every two years, commencing in the year eighteen hundred and sixty-eight, and taking place every second year thereafter.

Passed and approved March 30, 1868.

ARTICLE XXXVI.

Estrays.

2. Affidavit to be made: to be published and posted.

3. When merely posted.

.1868, c. 170 repeals sections 2 and 3 of this article and enacts the following in lieu

thereof:

Affidavit to be

SEC. 2. Any person taking up an estray, trespassing 1868, c. 170. upon his enclosures, shall within a reasonable time made.

thereafter go before some justice of the peace of the neighborhood and make affidavit thereof, which affidavit shall contain a description of said estray, and such person shall cause the certificate of such justice as to such affidavit to be published once in each of two To be published successive weeks, in any newspaper published in the county where such estray shall be taken up, if any be so published, and also copies of same to be set up at not less than three of the most public places in the neighborhood, if such estray be of the value of ten dollars or upwards.

and posted.

When posted merely.

3. If there be no newspaper published in the county where the estray may be found, or if it be of less value than ten dollars, in such cases the said persons shall cause copies of the certificate of the justice of the peace to be set up at three of the most public places in the neighborhood where found.

In force and approved March 20, 1868.

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1868, c. 116 repeals section 2 of this article, being 1864, c. 109 sec. 2, [Sup. 109] and enacts the following as a substitute therefor:

1868, c. 116. When a party made witness by his oppo

nent.

SEC. 2. When an originial party to a contract or cause of action is dead, or shown to be lunatic or insane, or when an executor or administrator is a party to the suit, action or other proceeding, either party may be called as a witness by his opponent, but shall not be admitted to testify on his own offer or upon the call of his co-plaintiff or co-defendant otherwise than

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