davidaulloa/AmericanStories huggingface dataset:
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
CHAPTER 1913.

AN ACT to repeal and re-enact with
amendments Section ten of Article fifty
one of the Code of Public General Laws
of Maryland, title "Jurics," as repealed
and re-enacted by Chapter sixty-two of
the Acts of the General Assembly of
Maryland eighteen hundred and ninety,
entitled can act to repeal and re-enact
with amendments Section ten of Article
ffty-one of the Code of Public General
Laws, title 'Juries.
SECTION 1. Be it enacted by the Gen
eral Assembly of Maryland, That Section
ten of Article fifty-one of the Code of Pub
lie General Laws of Maryland, title "Ju-
ries, as repealed and re-enacted by Chap
ter sixty-two of the Acts of the General
Assembly of Maryland eighteen hundred
and ninety, entitled Gan act to repeal and
re-enact with amendments Section ten of
Article fifty-one of the Code of Public
General Laws, title "Juries,' be and the
same is hereby repealed and re-enacted to
read as follows, viz
SEC. 10. That of the forty eight jurors
drawn and summoned, the court at the be-
ginning of the term for which they were
drawn and summoned shall select and ap-
point one as foreman of the Grand Jury,
and shall direct the clerk of said court to
legibly write upon ballots the names Of the
the remaining forty-seven jurors, and after
carefully folding said ballots separately TO
place them in box with sliding top, and
said clerk shall draw said ballots therefrom
one at a time without looking into said box,
and the first twenty-five names drawn with
the foreman previously appointed shall con-
stitute the Grand Jury, and the remaining
twenty-five names shall constitute the Petit
Jury for said term of court; whenever a
vacancy shall occur in the position of fore
man of the Grand Jury, either temporary
or permanent by death, absence, sickness
or any other cause, the court shall have
power to appoint some other member OF
the Grand Jury as foreman as often as the
necessity for such appointment shall occur.
If for any reason any person or persons
drawn as Grand Juror or Grand Jurors
shall fail to attend and be present at the
conclusion of the drawing, or be disquali-
fled or excused for cause, the court shall
forthwith proceed to fill such vacancy or va
cancies from the aforesaid remaining num-
Der of twenty-five names Of those who are
present in the order in which the names were
drawn from the box, and may thereupon in
its discretion fill such vacancy or vacancies
thus made in the Petit Jury by drawing
the necessary number of additional names
therefor in the manner provided by Section
eight of this Article fifty-one; this section
not to apply to Prince Georges county,
except so far as it authorizes the court to
appoint a foreman of the Grand Jury when
the necessity of such appointment occurs.
SEC. 2. And be it further enacted,
That this act shall take effect from the
date of its passage.
We hereby certify that the aforegoing
is a correct copy of an act of the General
Assembly of Maryland, passed January
session, 1892.
w. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, March Is,
1882.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
CHAPTER 5O7.

AN ACT TO repeal Section forty-fve of
Article nine of the Code of Public Cen
eral Laws, entitled claimants of Pro-
perty," and to re-enact the same with
amendments.
SECTION l. Be it enacted by the Gen
eral Assembly of Maryland, That Section
forty five of Article nine of the Code of
Public General Laws, entitled claimants
of Property" be and the same is hereby
repealed and re-enacted so as to read as
follows:
SEC As. Whenever an attachment or
execution shall be levied upon any personal
property, goods or chattels, which may be
claimed by person or corporation other
than the defendant in such attachment or
execution, such person or corporation may
file petition under oath with the court
before whom such attachment, or execution
is returnable, setting forth clearly the
character and origin Of his or hers
or its claim to the property so levied upon,
and thereupon it shall be the duty of the
clerk to docket suit against both the plain
tiff and defendant in such attachment or
execution and issue summons directed to
said plaintiff and defendant, giving notice
of such claim and returnable to the next
succeeding rule day or term of said court,
Ifsuch claimant shall establish the validity
of his, her or its claim to said property, cost
shall be awarded to said claimant, and said
claimant shall also be entitled to recover
damages in such suit for the wrong and
injury done to him, her or it by reason Of
such seizure and detention of his, hers or
its property.
SEC. ?. And be it enacted, That this
act shall take effect from the date of its
passage.
We hereby certify that the aforegoing is
a correct copy of an act of the General AS
sembly of Maryland, passed January ses-
sion, 1892.
w. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, April T.,
1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
CHAPTER SOC.

AN ACT to repeal and re-enact with
amendments Section seventy-seven of
Article five of the Code of Public Gen
eral Laws, title "Appeals and Errors, "
subtitle "Appeals in Criminal Cases"
SECTION l. Be it enacted by the Gen
eral Assembly of Maryland, That Section
seventy-seven of Article five of the Code
of Public General Laws, title "Appeals and
Errors" subtitle "Appeals in Criminal
Gases" be and the same is hereby repealed
and re-enacted with amendments so as TO
read as follows:
Sec. II. The parties to criminal pro-
eeedings shall be entitled to bills Of excep-
tions in the same manner rs in civil pro-
ceediugs, and appeals from judgments in
criminal cases may be taken in the same
manner as in civil cases, but no appeal in a
criminal case shall stay execution of SEN
tence unless the counsel for the accused
shall make oath that the appeal is not taken
for delay, and such appeal shall be heard
at the earliest convenient day after the same
shall have been transmitted to the Court of
Appeals, and the accused, upon taking such
appeal, SIlali, III all Cdscs Hu1 puuiohdbiC "
death or imprisonment in the penitentiary,
be entitled to remain on bail, and in other
cases not capital the court from which the
appeal is taken shall have the discretionary
power to admit to bail; provided that moth
ing herein contained shall be construed to
prohibit the court from requiring addition
al or greater bail pending an appeal than
the accused may already have given before
conviction.
SEC. 2. And be it enacted, That this
act shall take effect from the date of its
passage.
We hereby certify that the aforegoing is
correct copy of an act Of the General As
sembly of Maryland, passed January ses-
sion, 1892.
w. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, April 8,
1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21

LEGATION or otherwise as the court may order
to be given; provided that the court passing
the decree shall become satisfied, upon care
full investigation, that the best interests and
welfare of such child will be thereby pro-
noted, and provided further that the child,
if of sufficient intelligence and capacity to
givean understanding assent, shall so desire.
62 B. The husband and wife may file
a petition jointly praying the court to de-
cree the adoption by them jointly of any
child, but no decree of adoption shall pass
where the petitioner is married person I'M
less it be shown that the husband or wife
of the petitioner consents to the adoption,
or is hopelessly insane, or that the parties
are living apart under such circumstances
as would entitle the petitioner to divorce.
62 G. The effect of such decree of
adoption shall be to entitle the child so
adopted to the same rights of inheritance
and distribution as to the petitioners estate,
and the same rights of protection, educa-
ton and maintenance as if born to such
petitioner in lawful wedlock, and the natu-
raj parents of such child shall be freed from
all legal obligation toward it; provided
that where such child inherits property
from its adopted parent or parents, upon
its dying interstate, without issue the pro-
perty thus inherited shall descend and be
distributed to the same persons who would
take the same by inheritance and in course
of distribution if the child had been the
child of the adopted parents born to them
in lawful wedlock, provided, however, that
this shall not be construed to limit or inter-
fere with the power of disposition over such
property by gift, grant, devise, bequest or
otherwise by said adopted child.
60 D. If the petition contains prayer
to that effect the court may also decree
that the name of the child be changed.
62 f. The term "Child' or its equiva-
lent in deed, grant, will or other written
instrument shall be held to include any
child adopted by the person executing the
same, unless the contrary plainly appears
by the terms thereof, whether such instru-
ment be executed before or after the adop-
ton.
62 F. Any inhabitant of any other
state adopted as child in accordance with
the laws thereof shall upon proof of such
fact be entitled in this state to the same
right of inheritance and distribution as he
would have enjoyed in the state where
adopted, except in so far as they may con-
fict with the provisions of this act.
SEC. 3 And be it enacted, That this act
shall take effect from the date of its pass
age
We hereby certify that the aforegoing is
correct copy of an act of the General
Assembly of Maryland, passed January
session, 1892.
W. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates
by the Governor, March 81,
1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
CHAPTER PA.

AN ACT to amend Article sixteen of the
Code of Public General Laws, title
"Chancery," subtitle Infants, " by adj
ding six additional sections thereto, to
come in after Section 81 and to be num-
bered respectively 62 A, 62 B, 81 c, 81
D, 62 + and 62 F.
SECTION l. Be it enacted by the Gen.
eral Assembly of Maryland, That six ad-
ditional sections be added to Article six
teen of the Code of Public General Laws,
title aChancery," subtitle s'Infants," to
come in after Section 81, to read as follows:
81 A. The several Chancery Courts of
this State, upon the application of any per
son residing in the city or county where
such application is made, shall have power
to pass a decree declaring any minor child
the adopted child of the petitioner, upon
such reasonable notice to the parent or
parents, guardian or guardians of such child
if any there be, by summons, order ofpub-
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21

feeding the property impounded are paid
or rendered him, may, after giving ten
days notice, exclusive of the day of sale
and the day of impounding, describing the
property, and stating the time and place of
sale to be posted at three or more public
places in the neighborhood, sell the same
by public auction to the highest bidder
for cash, and after deducting from the pro
ceeds of sale the amount of damages val
ued to him and reasonable compensation
for keeping the said property while i'm
pounded he shall pay over the residue when
demanded to the owner thereof.
I. The word enclosure in the preceding
sections shall be constructed to mean a
common law enclosure and not an actual
enclosure.
8. That Dorchester, Caroline, Garrett,
Montgomery and Prince Georges counties
be and the same are hereby excluded from
the operations of the preceding sections.
SEC. 2. And be it enacted, That this
act shall take effect from the date of its
passage.
We hereby certify that the aforegoing is
a correct copy of an act of the General
Assembly of Maryland, passed january
session, 1892.
w. G.. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, April 7th,
1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21

AN ACT to amend Article Ninety-three Of
the Code of Public General Laws relating
to 'Testamentary Law" subtitle ''Ad-
niinistration,' by adding thereto an addi-
tional section to be designated Section
thirty-two A.
SECTION l. Be it enacted by the Gen
eral Assembly of Maryland, That the fol-
lowing section be and the same is hereby
added to Article ninety-three of the Code
of Public General Laws, relating to Fiesta
mentary Law, subtitle administration,
to read as follows:
SEC. 30 A. That either before or after
said estate has been invested in accordance
with the preceding section, upon the arri-
val of any child or children of said deceased
wife at the age of twenty-one years, having
an interest therein, upon the husband or
father of such child or children filing his
petition to said Orphans Court requesting
said court to allow the administrator to pay
to said child or children the share or por
ton, or any part thereof, to which they or
either of them would be entitled upon the
death of said husband, at or during the
lifetime or before the death of said husband,
it shall and may be competent for said Or
phans' Court upon the filing of such petit
ton by said husband to order and direct
said administrator to make such advance
payment to such child or children and the
Joint release of such husband and child or
children, duly executed, acknowledged and
recorded in said Orphans Court, shall be
deemed and taken as good and sufficient
acquittance to said administrator for and on
account of such payment.
SEC. 2 And be it enacted, That this act
shall take effect from and after the date of
its passage.
We hereby certify that the aforegoing is
correct copy of an act of the General As
sembly of Maryland, passed January SEES
sion 1892.
w. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, April Z, 1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
W. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, April 4
1892.
CHAPTER 545.

AN ACT to amend Article twenty-seven
of the Code of Public General Laws,
title "Crimes and Punishments," sub
title "Counterfeiting and Forgery" by
adding new section thereto, to follow
Section forty-six and to be designated as
Section forty-six A, and to be under the
title of Grimes and Punishments,' SUBJ
title "Counterfeiting and Forgery"
SECTION l. Be it enacted by the Gen
eral Assembly of Maryland, That Article
twenty-seven of the Code of Public Gen.
eral Laws is amended by the addition of
new section to follow Section forty six, and
to be numbered Section forty-six A, under
the title of "Crimes and Punishments,
subtitle "Counterfeiting and Forgery and
to read as follows;
40 A. If any peEsonshall falsely make,
alter, forge or counterfeit, or cause or pro-
cure to be falsely made, altered, forged or
counterfeited, or shall willingly aid or assist
in falsely making, altering, forging or coun-
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
CHAPTER 142.

AN ACT to add a new Section to the Code
of Public General Laws, Article twenty
seven, title "Crimes and Punishments,'
subtitle ''False Pretenses."
SECTION l. Be it enacted by the
General Assembly of Maryland, That the
following be and is hereby added to the
Code of Public General Laws, Article
twenty-seven, title "Crimes and Punish
ments," subtitle "False Pretenses," to
come in after Section eighty -four, and to
be known as Section eighty-four A.
81 A. Any person who shall by any
false and fraudulent representation in writ
ing signed by him as to his own or his
partners pecuniary responsibility, wealth
or mercantile correspondence or connec-
tions, obtain any loan of money or of prop
erty from any person, persons, co-partner-
ship OF corporation, and shall thereby de-
fraud such person, persons, co-partnership
or corporation, or who shall cause or pro-
cure another to make any false and fraud
ulent representation in writing, signed by
the person making the same, as to the pc
cuniary responsibility, wealth or mercantile
correspondence or connection of the person
who shall cause or procure such false rep
resentation to be made, or of any other
person, and shall thereby obtain any lean
of money or of property from any person,
persons, co-partnership or corporation, and
shall thereby defraud such person, persons,
co-partnership or corporation, shall be
guilty of misdemeanor, and on convic-
ton thereof shall be sentenced to return
the money or property so fraudulently OBJ
tanned, and shall be fined not exceeding
two thousand dollars, or shall be confined
in the jail of the county or City of Balti-
more, as the case may be, not exceeding
one year, or shall be both fined and i'm
prisoned as aforesaid, in the discretion of
the court.
SEC. 2. And be it enacted, That this
act shall take effect from the date of its
passage.
We hereby certify that the aforegOing
is correct copy of an act of the General
Assembly of Maryland, passed January
session, 1892.
w. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, March Is,
1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21

proceeding to try and determine the case
make known to such party his right to q
trial before the court having criminal juris-
diction as aforesaid and shall obtain from
such party written waiver of said right
signed by such party, to be filed among
the proceedings in the case and to be noted
on the docket of said justice.
SEC. 4. And be it enacted, That this
act shall take effect from the date of its
passage.
We hereby certify that the aforegoing
is correct copy of an act of the General
Assembly of Maryland, passed January
session, 1892.
w. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, April Z,
1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
CHAPTER Al.


AN ACT to repeal Section one hundred
and nineteen c of the Code of Public
General Laws, title Corporations, " sub
title "Insurance Companies" as amend
ed by the Act of the General Assembly
of Maryland of 1890, Chapter two hun
dred and fifty-four, entitled "An act to
prevent life insurance companies incor
porated under the laws of other States
or countries and doing business in the
State of Maryland from making or per-
hitting any distinction or discrimination
in favor of individuals of the same class
and equal expectation of life in the
amount of payment of premiums or rates
charged for policies of life endowment
insurance" and to re-enact the same with
amendments
SECTION l. Be it enacted by the Gen
eral Assembly of Maryland, That Section
one hundred and nineteen G of the Code of
Public General Laws of the State of Mary
land, title Corporations" subtitle ain
surance Companies be and the same is
hereby repealed and re-enacted with amend
ments, so as to read as follows
119 G. Any life insurance company,
its agent or agents, violating Section one
hundred and nineteen A or one hundred
and nineteen B of this act shall be guilty
of misdemeanor, and upon conviction
thereof the offender or offenders shall be
to pay fine of five hundred
dollars on each and every violation, when
the amount of the insurance is twenty
five thousand dollars or less, aud for every
additional twenty FIVE thousand dollars
of insurance or less there shall be an
additional penalty of five hundred dol
lars, and such offender or offenders shall
be prohibited from doing insurance bust
ness in the State of Maryland until said
fine is paid, or the said fine or penalty may
be sued for and recovered in the name of
the State of Maryland by the states attor-
ney of the county or city in which such
agent or agents may reside, or in which the
offense is committed, one-half of said pen
atty, when recovered, shall be paid into
the Treasury of the State, the other half to
the informer Of such violation,
SEC. ?. And be it enacted, That this
act shall take effect from the date of its
passage.
We hereby certify that the aforegoing is
a correct copy of an act of the General As
sembly of Maryland, passed January SEES
sion, 1892.
w. G. PURNELL,
Secretary of the Senate
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, April I,
1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21

receive the sum of four dollars and the
Judges of the Orphans Court of Baltimore
City shall receive six dollars for every days
attendance upon the sessions of said court,
to be paid by the counties and the City of
Baltimore respectively; provided that in
Allegany and ST. Mary's counties said
Judges shall not lose said per diem if
prevented from attending the sessions of
said court by reason of an actual, bona-fide
sickness such as renders them unable to at
tend to the ordinary pursuits of life.
SEC. =. And be it enacted, That this act
shall take effect from the date of its passage.
We hereby certify that the aforegoing is
correct copy of an act of the General As
sembly of Maryland, passed January SEES
sion, 1892.
W. G.. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, April Z, 1892.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21
W. G. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates
Approved by the Governor, March 81,
1892.
CHAPTER 267.

CHAPTER ZoG-
AN ACT to Repeal and Reenact with
Amendments Section l of Article forty
five of the Code of Public General Laws,
title Husband and Wife"
SECTION l. Be it enacted by the General
Assembly of Maryland, That Section one
of Article forty -ive of the Code of Public
General Laws, title "Husband and Wife,
be and the same is hereby repealed and
re-enacted so as to read as follows:
l. The property, real and personal, be-
longing TO woman at the time OF her
marriage, and all property which she may
acquire or receive after her marriage, by
purchase, gift, grant, devise, bequest, de-
scent, in course of distribution or in any
other manner, shall be protected from the
debts of the husband and not in any way be
liable for the payment thereof; provided
that no acquisition of property passing to
the wife from the husband after coverture
shall be valid if the same has been made or
granted to her in prejudice of the rights of
his subsisting creditors, who. however, must
assert their claims within three years after
the acquisition of the property by the wife
or be absolutely barred, and for the pur-
pose of asserting their rights under this
section claims of creditors of the husband
not yet due and matured shall be consider
ed as due and matured.
SEC. 2. And be it further enacted,
That this act shall take effect from the
date of its passage.
We hereby certify that the aforegoing
is a correct copy of an act of the General
Assembly of Maryland, passed January
session, 1892.
w. G.. PURNELL,
Secretary of the Senate.
CARLTON SHAFER,
Chief Clerk of the House of Delegates.
Approved by the Governor, March 81,
1892.