The Republican., 1962-10-04

"Crimes and Punishments', Section l4O,
be and II is hereby repealed and re-
enacted, with amendments, to read as
follows:
s sl40. Obtaining money, etc, under
false pretenses with intent to defraud.
ANY person who shall by any false pre-
tense obtain from any other person any
chattel, money or valuable security, with
intent to defraud any person of the
same shall be guilty of a misdemeanOr,
and being convicted thereof shall be
liable, at the discretion of the court, to
be punished by fine and imprisonment,
or by confinement in the penitentiary for
not less than two years nor more than
ten years, as the court shall award; pro-
vided always that if upon the trial of
any person indicted for such misdemean-
or it shall be provided that he obtained
the property in question in any such
manner as TO amount in law TO larceny
or robbery, he shall not by reason there
of be entitled to be acquitted of such
misdemeanor; and no person tried upon
such midemeanor shall be afterwards
liable to be prosecuted for larceny or
robbery upon the same facts; and pro-
vided also, that mere promise for
future payment, though not intended TO
be performed, shall not be sufficient 10
authorize a conviction under this section.
In Wiconlico County where the amount
of money or the value of the thing re-
Ceived docs not exceed three hundred
dollars ($30000). the Peoples Court
shall have concurrent jurisdiction with
the Circuit Court to try persons charged
with violating this section and IS l42
and l44 of this article, provided that
persons so convicted in the Peoples
Court shall not be sentenced TO the peni-
tertiary by that court In Baltimore City
trters the amount of money or the vdlHe
of the thing yecsiped does not exceed
One Hundred Dollars (Sf00.00), the
Municipal Court of Baltimore City shall
hare jurisdiction to Try persons charged
NTH violating this section, protidsd thdt
ferSonS so con7ictsd IN the Municipal
Court shall not be sentenced to the
benitentidry BY that court.
SEC. 10. And be ii further enacted,
The Article % Of the Annotated Code
of Maryland G9s7 Edition.. title,
Grimes and Punishments", Section l42,
be and it is hereby repealed and re-
enacted, with amendments, TO read as
follows:
l42. Obtaining money, ETC., by bad
check.
Every person who, with intent to
cheat and defraud another, shall obtain
money, credit, goods, release from any
debt or obligation for materials or labor
in the construction or repair of any
building or buildings, wares or anything
of value, of the value of one hundred
dollars or more, by means of a check,
draft or any other negotiable instrument
of any kind drawn, whether by such
person or by any other person, persons,
firm or corporation, upon any bank, per
son, firm, or corporation, not indebted
to drawer, or where the drawer or draw
ers thereof, shall not have provided for
the payment or acceptance. and the same
be not paid upon presentation, shall be
deemed to have obtained such money,
credit, goods, release, wares, or things
of value by means of a false pretense,
and upon conviction, shall be fined or
imprisoned. or both, provided in Sec
tion $40 of this article, at the discretion
OF the court Where the value of such
money, credit, goods, release, wares or
anything OF value is less than one hun
dred dollars, such person, upon convic-
tion, shall be deemed guilty of misde-
meanor and fined not more than fifty
dollars or imprisoned for not more than
eighteen months in the house of correc-
tion or jail, or both fined and imprisoned
in the discretion OF the court and the
trial magistrates of the counties land
police magistrates in the City of Balti-
moreI shall have concurrent jurisdiction
over such offenSe with the circuit courts
of the counties land with the Criminal
Court of Baltimore City, as the case may
bel. The giving of the aforesaid worth
less check, draft or negotiable instrument
shall be prima facie evidence of intent
to cheat or defraud provided that if
such person shall be bona tide resident
of the State of Maryland and shall de-
post with the drawee of such paper
within ten days thereafter funds sufi-
cient to meet the same, with all costs
and interest which may have accrued, he
shall not be prosecuted under this sec
ton, and no prosecution either by pre-
sentiment, indictment or otherwise, shall
be instituted or commenced until after
the expiration of said period of ten days.
SEC. II. And be it further enacted,
That Article 27 of the Annotated Code
Of Maryland Q957. Edition., title.
Grimes and Punishments", Section
144. be and it is hereby repealed and
re.euacted, with amendments, to read as
follows:
144. Obtaining money, etc. by check
or other negotiable instrument with in
tent to stop payment.
Every person who shall obtain money,
credit, goods, wares or anything of
value, of the value of one hundred
dollars or more. from another by means
of check. draft or any other nego-
table instrument of any kind, with in
tent at the time of giving such instru-
ment without the consent of such other
to stop or countermand the payment of
the same or otherwise to cause the
drawee thereof to disregard or dishonor
or refuse to recognize such instrument,
shall be deemed to have obtained such
money. credit, goods, wares, or other
thing of value with intent to cheat and
defraud another and upon conviction,
shall be fined or imprisoned or both, as
provided in ) 140 of this article, at the
discretion of the court Where the
value of such money, credit, goods,
wares or anything of value is less than
one hundred. dollars, such person. upon
conviction, shall be deemed guilty of a
misdemeanor and fined not more than
fifty dollars or imprisoned for not more
than eighteen months in the house of
correction. or jail, or both fined and
imprisoned in the discretion of the
court, and the trial magistrates of the
counties land police magistrates in the
City of Baltimore ] shall have con-
current jurisdiction over such offense
with the circuit court of the counties
land with the Criminal Court of Balt-
more City, as the case may bel. And
upon the trial of any person accused of
violation of this section. the fact that
such person without the consent of such
other to stop or countermand the coun-
termanded payment of such instrument,
or otherwise caused the drawee to dis
regard or dishonor the same without
returning or rendering the return of the
thing so obtained shall be presumptive
evidence of such intent to cheat and
defraud.
SIC. r.. And be it further enacted,
That Article 27 of the Annotated Code
of Maryland G9s7 Edition., title,
Grimes and Punishments''. Section 267,
De ana IL is ncTeDy repeated and re-
enacted, with amendments, to read as
follows:
s267. Destroying, etc, tombs, trees,
etc. in cemeteries.
Any person or persons, or his, her or
their aiders or abettors, who shall will
fully destroy, mutlate, deface, injure
or remove any tomb. monument, grave
stone or other structure placed in any
cemetery. or any building, wall, fence,
railing or other work, for the use, pro-
lection or ornamentation of any public
or private cemetery in this State, or
shall wilfully destroy. cut. break, or
remove any tree, plant or shrub within
its limits, or who shall be guilty of
indecent or dsorderly conduct within
said limits, shall be guilty of misde-
neanor, and upon conviction thereof in
any court of competent jurisdiction, or
before any justice of the peace of this
State, shall be punished by fine of not
less than FIVE dollars nor more than FIVE
hundred dollars or imprisonment in the
county Jail, or in the house of correc-
ton, for not less than thirty days nor
more than two years, or by both such
hne and imprisonment in the discretion
OF said justice or court, according to
the gravity of the offense Nothing in
this section shall be construed to pro-
hibit the removal of the remains of
any human body, or of any monument,
gravestone or other marker from an
abandoned cemetery, provided that the
prior consent in writing of the States