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purpose of repairing the public roads in said counties, and the judges of the circuit courts for the counties to which this article applies, shall give this article in charge to the grand jurors of their respec- Grand jurors. tive counties.

Bond of super

visors.

35. The county commissioners shall require the Ibid. s. 8. road supervisors appointed by them to give bond to the state, to be approved of by them, for such sums as they may deem proper, conditioned for the faithful performance of the duties required of them, which said bond may be put in suit for the benefit of any person suffering by the neglect of the said supervisor in keeping the roads in his district in proper order, and the said county commissioners shall have full power to fix on the price to be paid for laborers on said roads, and Pay of laborers. to authorize the said supervisors to hire such number of laborers as they may deem necessary, and the said county commissioners shall pay the said supervisors such salaries or per diem as they may think just and Salaries of

reasonable.

supervisors.

Finger boards

or signs.

36. The county commissioners shall cause to be Ibid. s. 9. placed at such of the forks of the public roads as they may think need the same, finger boards or signs, showing the prominent points that the said roads lead to, and the distance to such points, and any person tearing Penalty for down or defacing such finger boards or signs shall on boards. conviction thereof before any justice of the peace in the county be fined a sum not less than five or more than ten dollars.

defacing, &c.,

To what coun

37. This article shall only apply to the counties of Ibid. s. 10. Worcester, Somerset, Anne Arundel, Prince George, ties applicable. Calvert and Talbot.

In force and approved March 30, 1868.

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1868, c. 30 repeals 1863, c. 107 being section 43 of this article [Sup. 72] and enacts the following in lieu thereof:

1868, c. 30.

Per diem of crier and sheriff.

SEC. 43. The crier appointed by the court of appeals shall receive five dollars a day for his attendance for every day, Sundays excepted, during the terms of session of said court of appeals, and whenever, in the judgment of said court, the attendance or services of a sheriff may be required in said court, the judges thereof may direct a sheriff to attend or perform such services, for which attendance and services the said sheriff shall be entitled to a per diem of three dollars and fifty cents, and the judges of said court shall, at the end of each session of the said court, give the said crier and sheriff a certificate of the number of days for which they are respectively entitled to aid per diem.

In force and approved February 18, 1868.

CIRCUIT COURTS FOR THE COUNTIES.

1868, c. 52 repeals section 45 and enacts the following in lieu thereof:

1868, c. 52. Powers of

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45. Each of the circuit judges of the counties, or circuit judges. judicial circuits, as now laid off, constituted and designated by the present constitution, may make orders at common law at any place in their circuit, take effect in any part of their circuit, and may require in writing original papers. the original papers in any case, or abstracts and transcripts to be produced before them or either of them, wherever they or either of them may be in their cir

May require production of

nal cases.

cuit; and in all criminal cases tried in the term time Bail in crimiof said courts, in which the accused has been allowed to give bail by the court, but the session whereof adjourned or concluded before the accused procure bail, it shall be the duty of the aforesaid court or courts, to pass an order prior to adjournment, directing the clerk of the said circuit court in the absence of all of the judges from the court, in which the case may have arisen, to take the bail previously fixed by the said court, upon condition that the party offering to become security shall swear or affirm, as the case may be, that Oath of secu he is worth the amount of the bail in real or personal estate, and further, the clerk must be satisfied of the verity of said affidavit or affirmation.

In force and approved February 18, 1868.

rity.

NOTE.-See under Public Local Laws, Art. XXII, Wicomico county, 1868, c. 16 making certain judgments of the courts for Somerset and Worcester counties, liens in Wicomico county.

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1868, c. 179 repeals 1867, c. 185 [Sup. 156] and enacts the following in lieu thereof:

Advertising,

&c., means to

SEC. 1. Any person who shall knowingly advertise, 1868, c. 179, s. 2. print, publish, distribute or circulate, or knowingly selling, using, cause to be advertised, printed, published, distributed cause miscaror circulated, any pamphlet, printed paper, book, news- tion.

riage or abor

Punishment.

paper notice, advertisement or reference containing words or language, giving or conveying any notice, hint or reference to any person, or to the name of any person real or fictitious, from whom; or to any place, house, shop or office, where any poison, drug, mixture, preparation, medicine or noxious thing, or any instrument or means whatever, for the purpose of producing abortion; or who shall knowingly sell, or cause to be sold any such poison, drug, mixture, preparation, medicine or noxious thing or instrument of any kind whatever; or where any advice, direction, information or knowledge may be obtained for the purpose of causing the miscarriage or abortion of any woman pregnant with child, at any period of her pregnancy, or shall knowingly sell or cause to be sold any medicine, or who shall knowingly use or cause to be used any means whatsoever for that purpose, shall be punished by imprisonment in the penitentiary for not less than three years, or by a fine of not less than five hundred nor more than one thousand dollars, or by both, in the discretion of the court; and in case of fine being imposed, one-half thereof shall be paid to the state of Maryland, and one-half to the school fund of the city or county where the offence was committed; provided, however, that nothing herein contained shall be constructed so as to prohibit the supervision and manageRegular practi- ment by a regular practitioner of medicine of all cases of abortion occurring spontaneously, either as the result of accident, constitutional debility, or any other natural cause, or the production of abortion by a regular practitioner of medicine when, after consulting with one or more respectable physicians, he shall be satisfied that the foetus is dead, or that no other method will secure the safety of the mother.

Proviso.

tioners.

Ibid. s. 3.

2. It shall be the duty of the judges of the several Duty of judges. circuit courts of this state and of the criminal court of Baltimore city, to give this act in charge of the grand jury of their respective courts, at each term of said

courts.

In force and approved March 28, 1868.

BRIBERY.

1868, c. 369 repeals section 17 and amends and re-enacts the same as follows:

Bribing execu

judges, mem

ture, &c.

17. If any person shall bribe or attempt to bribe 1868, c. 369. any executive officer of the state of Maryland, any tive officers, judge or other judicial officer of said state, any members of legisla ber or officer of the general assembly of Maryland, or any member or officer of any municipal corporation in said state, or any executive officer of such corporation, in order to influence any such officer or person in the performance of any of his official duties; and if any governor or other executive officer of the state of Maryland, any judge or other judicial officer of said state, any member of the general assembly of Maryland or officer thereof, or any member or officer of any municipal corporation, or mayor or other executive officer thereof in said state shall demand or receive Receiving any bribe, fee, reward or testimonial for the performance of his official duties, or for neglecting or failing to perform the same, every such person so bribing or attempting to bribe any of such officers or persons shall be deemed guilty of bribery, and on being convicted thereof, shall be fined not less than one hundred nor Fine. more than five thousand dollars, or, in the discretion

bribes.

and disquali

of the court, sentenced to be imprisoned in the peni- Imprisonment. tentiary of this state for not less than two nor more than twelve years, or both fined and imprisoned, and shall also be forever disfranchised and disqualified Disfranchised from holding any office of trust or profit in the state fied. of Maryland; and any person so bribing or attempting to bribe, or so demanding or receiving a bribe, fee, reward or testimonial, shall be competent witnesses Competent and compelled to testify against any person or persons who may have committed any of the above offences. Provided, that all persons so compelled to testify in Proviso. any such case or cases, shall be exempt from trial and punishment for the offence of which such person so testifying may have been guilty.

In force and approved March 30, 1868.

witness.

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