328

LAWS OF MARYLAND.— 1795.

Clerk to
transmit a
list,&c.

SEC. 5. And be it enacted, That the clerk of the several coun-
ties in this state shall, on or before the tenth day of November
annually hereafter, transmit to the treasurer of the western shore
a list of all such executions as may be issued under the autho-
rity of this act, and of the several sums of money which the
sheriffs of their respective counties shall have acknowledged to
have been received by them respectively for fines, penalties and
forfeitures.

Costs to be
paid over,

SEC. 6. And be it enacted. That the several sheriffs aforesaid
shall and they are hereby directed to pay over the costs arising
from the said executions to such persons as are entitled to and
ought to receive the same.

Sheriffs to
be answer-
able, &c.

SEC. 7. And be it enacted, That the respective sheriffs of this
state shall be answerable for all fines, penalties and forfeitures,
imposed on the inhabitants of their respective counties by the
judgment of any court within this state, where no writ of exe-
cution shall issue for recovery of such fine, penalty or forfeiture,
unless the said sheriffs shall respectively make it appear, to the
satisfaction of the treasurer, that the party on whom such fine,
penalty or forfeiture, was imposed, was insolvent and unable to
pay the same.

CHAPTER 82.

Governor
to issue a
warrant,
&c.

AN ACT declaring the power of the Governor in certain Criminal cases.
Be it enacted by the General Assembly of Maryland, That
the governor for the time being shall have full power and
authority, and he is hereby required, whenever sentence of
death is pronounced against any criminal by the judgment of
any court of this state, to issue, under his hand, a warrant to
the sheriff of the county who by such judgment ought by law
to execute the same, to order and direct the said sheriff to exe-
cute the said judgment, at such time as in his warrant he shall
appoint, pursuant to such judgment.

May com-
mute any
sentence,
&c.

SEC. 2. And be it enacted, That the governor for the time
being shall have full power and authority, in his discretion, to
commute or change any sentence or judgment of death, passed
on any criminal.by any court of this state, into other punish-
ment of labour, or to banishment of such criminal from this
state, upon such terms and conditions, and for such period, as
he shall think expedient, and if such criminal be a slave, against
whom any such judgment or sentence is or may be passed, to
commute and change the said judgment into transportation and
sale in some foreign country, for the benefit of the state.

And grant
nolle prose-
qui on
conditions,
&c.

SEC. 3. And be it enacted, That the governor for the time
being shall have full power and authority, in granting any
nolle prosequi before sentence or judgment, to grant the same
on such conditions, and under such limitations and restrictions