sellors and procurers shall be deemed guilty of murder in the first degree, and upon conviction thereof shall suffer death. 3. That if any person shall purposely and maliciously, but without delib- Murder in the erate and premeditated malice, kill another, every such person, his or her second degree, 21 years conaiders and abettors, shall be deemed guilty of murder in the second degree, finement in the and upon conviction thereof, shall be imprisoned in the penitentiary and kept at hard labor for any space of time not more than twenty-one years nor less than seven years. penitentiary. 4. That if any person shall unlawfully kill another, without malice of Manslaughter, any kind, either upon a sudden quarrel, or intentionally, while the slayer is in how punished. the commission of some unlawful act, every such person shall be deemed guilty of manslaughter, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than one year. 5. That if any person shall have carnal knowledge of a woman forcibly Rape, how punand against her will, or shall aid, abet, counsel, hire or procure any person to ished commit the said offence; or if any person of the age of seventeen years or upwards, shall unlawfully and carnally know and abuse any woman child, under the age of ten years, with or without her consent, every person so offending shall be deemed guilty of a rape, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than twenty-one years nor less than seven years. 6. That if any person sixteen years of age or upwards, shall have car- Persons having nal knowledge of any woman other than his wife, such woman being insane, carnal connexevery person so offending, his aiders and abettors, counsellors and procurers, ion with insane shall be deemed guilty of a high misdemeanor, and upon conviction thereof women, how shall be imprisoned in the penitentiary at hard labor, for any space of time punished. not more than twenty-one years nor less than two years. 7. That if any person, being married or who hereafter shall marry, shall, Polygamy, how the former husband or wife being alive, marry any other person, every person punished, so offending shall be deemed guilty of a high misdemeanor, and on conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not exceeding five years nor less than one year: but nothing in this section contained, shall extend to any person whose husband or wife shall be continually and wilfully remaining without the United States for the space of five years together next before the time of such marriage; or to any person whose husband or wife shall wilfully absent him or herself, the one from the other, in any parts within this state or the United States, for the space of five years together next before such marriage, the one of them not knowing the other to be living within that time, or to any person whose former marriage shall have been dissolved by due course of law. 8. That if any step-father shall have sexual intercourse with his step- Incest, how daughter, knowing her to be such, or if any step-mother and her step-son shall punished, have sexual intercourse together, having knowledge of their relationship; or if any father shall have sexual intercourse with his daughter, knowing her to be such; or if any brother and sister, being of the age of sixteen years or upwards, shall have sexual intercourse together, having knowledge of their consanguinity; every such step-father, father, step-mother, step-son, brother or sister, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, not more than ten years nor less than three years. 9. That if any person, upon his or her oath or affirmation, in any action, Perjury, how plea, suit, bill, answer, complaint, indictment, controversy, matter or cause punished. depending, or which may depend in any of the courts of this state, or before any justice of the peace, referees or arbitrators, or in any deposition or affidavit taken or made pursuant to the laws of this state, shall wilfully, corruptly and positively depose, affirm, or declare any matter to be fact, knowing the same to be false; or shall, in like manner, deny any matter to be fact knowing the same to be true, the person so offending shall be deemed guilty of perjury, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than one year; and every such person shall thereafter be incapable of giving testimony, or being a juror in any of the courts of this state, or of holding any office of honor, profit or trust in this state. Subornation PUNISHMENT OF CRIMES. [CHAP. 336. 10. That every person who shall persuade, procure or suborn any other of perjury, how person to commit wilful and corrupt perjury, shall be deemed guilty of a mispunished. demeanor, and every person so offending, upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than one year; and such person shall moreover be disqualified from giving evidence or being a juror, in any court of justice, or of holding any office of honor, profit or trust within this state. Form or sub- dictment for perjury. Bribery of judges and jus tices of the peace, how punished. Arson, how punished. Attempt at arson, how punished. Burglary, how punished. House-break ing, with at tempt to kill, steal, &c., how punished. Robbery, how punished. 11. That in every indictment for perjury, or subordination of perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and before what court or other authority the oath or affirmation was taken, averring such court or other authority to have full power to administer the same, together with the proper averment or averments to falsify the matter or matters wherein the perjury is assigned, without setting forth any part of any record or proceedings, either in law or equity other than as aforesaid, and without setting forth the commission or authority of the court or other authority before whom the perjury was committed. 12. That if any person shall, directly or indirectly, in any way or manner, give, promise, or contract to give any money, or other valuable thing with intent to obtain, procure or influence the opinion, judgment, decree or behavior of any judge or judges, justice or justices of this state, in any action, plea, suit, complaint, indictment, controversy, matter or cause depending, or which shall depend before him or them, every such person so giving, promising or contracting to give any money or other valuable thing, as a bribe as aforesaid, and the judge or justice who shall in anywise receive or contract for the same shall be deemed guilty of a high misdemeanor, and on conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than one year; and shall also forever be disqualified to hold any office of honor, trust or profit under this state. 13. That if any person shall wilfully and maliciously burn, or cause to be burned, or aid, counsel, procure or consent to the burning of any dwellinghouse, kitchen, shop, barn, stable, store-house, ware-house, malt-house, stillhouse, mill, factory or other building of another; or any church, meetinghouse, court-house, work-house, jail or other public building; or any public, private, or toll bridge; or any ship, boat or other water-craft, every person so offending, their aiders, abettors, counsellors or procurers, shall be deemed guilty of arson, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than fifteen years nor less than one year. 14. That if any person shall wilfully set fire to, or procure or aid or consent to the setting fire to any of the buildings, or other property described in the foregoing section, with intent to burn or destroy the same, although the same shall not thereby be burned and destroyed, every person so offending, shall be deemed guilty of a high misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than one year. 15. That if any person shall forcibly and maliciously break and enter any dwelling-house, kitchen, shop, store-house, ware-house, malt-house, stillhouse, mill, factory, water-craft, church or meeting-house, with intent to kill, rob, steal or commit a rape, or with intent to commit any other deed by this act declared criminal, every such offender and his or her procurers, aiders, counsellors and abettors shall be deemed guilty of burglary, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than one year. 16. That if any person shall wilfully, maliciously and designedly enter, kitchen, shop, store-house, ware-house, malt-house, still-house, mill, factory either by day or night, without breaking or violence, any dwelling-house, water-craft, church or meeting-house, and shall attempt to kill, rob, steal, or commit a rape, or arson, or to disfigure or maim any person, every person so offending, his or her aiders, abettors, counsellors and procurers, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than one year. 17. That if any person shall forcibly, by violence and putting in fear, take from the person of another any money, or personal goods and chattels, of any value whatever, every person so offending, his or her aiders, abettors and procurers, shall be deemed guilty of robbery, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than twenty-one years nor less than seven years. 18. That if any person shall violently assault another, with intent to Assault with commit a robbery upon the person so assaulted, every person so offending, his intent to comaiders, abettors and procurers, shall be deemed guilty of a misdemeanor, and mit robbery, upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, how punished. for any space of time not more than seven years nor less than one year. 19. That if any person shall steal any money, or other personal goods Larceny, how and chattels of another, of the value of ten dollars and upwards, every person punished. so offending, shall be deemed guilty of larceny, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than one year. 20. That if any person shall steal, or take by robbery, or maliciously Stealing or dedestroy any bank bill or note, promissory note, bill of exchange, order, war- stroying bank rant, draft, check or bond; or any letters patent, charter, testament, will, or bills, notes, &c. deed; or any lease, articles of agreement, indenture of apprenticeship, letter how punished. of attorney, or any release, acquittance, voucher, receipt, or account book, knowing the same to be such, every person so offending shall be deemed guilty of a high misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than three years nor less than six months. how punished. 21. That if any officer or other person, shall steal, embezzle, alter, Withdrawing, withdraw, falsify, avoid, or destroy any record or parcel of the same, belong- destroying or ing to or making part of any of the proceedings of any of the courts of this falsifying restate; or shall alter or falsify any docket of any justice of the peace, by means cords, &c., whereof any verdict, judgment, sentence or decree shall be falsified or changed, to the prejudice of any person whatever, every such offender shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than four years nor less than one year. 22. That if any person shall falsely make, alter, forge or counterfeit Counterfeiting, or cause, counsel, hire, command, or procure to be falsely made, altered, how punished. forged or counterfeited; or knowingly aid or assist in the false making, altering, forging or counterfeiting any record or other authentic matter of a public nature, charter, letters-patent, deed, lease, writing obligatory, will, testament, annuity, bond, bill, bank-bill or note, check, draft, bill of exchange, or promissory note for the payment of money; or any acceptance of a bill of exchange; or the number or principal sum of any accountable receipt for any note, bill or other security for the payment of money; or any warrant, order or request for the payment of money or the delivery of goods and chattels of any kind; or any acquittance, or receipt either for money or goods; or any acquittance, release, or discharge of any debt, account, action, suit, demand, or other thing real or personal; or any transfer or assurance of money, stock, goods, chattels or other property whatsoever; or any letter of attorney or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, sell, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate real or personal; or any bills drawn by the auditor of public accounts, for the payment of money at the treasury, with intent to injure, damage or defraud any person or persons, body politic or coporate; or shall utter or publish as true and genuine, or cause, counsel, hire, command, or procure to be uttered or published as true and genuine, any of the above named false, altered, forged or counterfeited matters as above specified and described, knowing the same to be false, altered, forged or counterfeited, with intent to prejudice, injure, damage or defraud any person or persons, body politic or corporate, every person so offending, shall be deemed guilty of a high misdemeanor, and on conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than twenty years nor less than two years. 23. That if any person shall engrave any plate for striking or printing Counterfeiting false and counterfeit bank notes; or shall knowingly and purposely have in his by engraving, or her possession, or secretly keep and conceal any plate which might or could how punished. be used for the purpose aforesaid, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than twenty Maiming, how punished. Shooting or years nor less than five years: Provided, that nothing herein contained shall be construed to extend to any person who shall seize upon or keep possession of any such plates for striking or printing counterfeit bank notes, with intent to prevent the same from being used for any such unlawful and fraudulent purpose. 24. That if any person shall voluntarily, unlawfully and on purpose, cut off the ear or ears; or cut out or disable the tongue; put out an eye; slit the nose, lip or ear; cut or bite off the nose, lip or ear; or cut off or disable any limb or member of any person; or brand any person, with intent, in so doing, to murder, kill, maim or disfigure such person in any of the manners before mentioned, then, and in every such case, the person so offending, his or her counsellors, aiders and abettors shall on conviction thereof, be imprisoned in the penitentiary, at hard labor, for any space of time not more than twentyone years nor less than one year. 25. That if any person shall shoot, stab, or shoot at any other person, stabbing, with intent to kill or with intent to kill, wound or maim, every person so offending, shall on conviction thereof, be imprisoned in the penitentiary, at hard labor, for any space of maim, how punished. time not more than five years nor less than one year. Challenging or accepting a challenge to fight a duel, 26. That if any person shall, by word, message, letter, or any other way, challenge another to fight a duel, or shall accept a challenge to fight a duel, although no duel be fought; or shall knowingly be the bearer of such challenge; or shall abet, prompt, encourage, persuade, seduce, or cause any how punished; person to fight a duel, or to challenge another to fight a duel (if such duel be fighting a duel, fought) or to accept a challenge to fight a duel, although no duel be fought, how punished. every person so offending, in either case above described, shall be deemed Assault with intent to commit murder, how punished. Sending or carrying letters containing threats, &c., how punished. Officers suffering criminals to escape, how punished. Rescuing criminals, how pun ished. guilty of a high misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than nine years nor less than one year: and if any person shall engage in and fight a duel with another or shall be a second in such duel, although death does not ensue, then, in such case, every person so offending, shall be deemed guilty of a high misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than ten years nor less than three years. 27. That if any person shall assault and lay violent hands upon another with intent to commit murder, every person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than eleven years nor less than three years. 28. That if any person shall knowingly send or deliver any letter or writing, with or without a name subscribed thereto, or signed with a fictitious name, letter or letters, containing threats of any malicious injury of any kind whatever, for the purpose of extorting money, or other valuable thing from any person whatever, every person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than twenty-one years nor less than three years. 29. That if any ministerial or other officer whatsoever, having any offender in his custody, charged with or convicted of any crime or misdemeanor by this act declared criminal, and made punishable either by death or imprisonment in the penitentiary, shall voluntarily suffer such offender to escape and go at large, every ministerial or other officer so offending, shall be deemed guilty of a high misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time between the respective periods for which the offender so suffered to escape, might have been imprisoned under this act, for the offence wherewith he was charged or whereof he was convict: and when any ministerial or other officer shall voluntarily suffer any person to escape, charged with or convict of treason or murder in the first degree, every person so offending, shall, upon conviction thereof, be punished as for murder in the second degree. 30. That if any person or persons shall rescue by force, any offender charged with or convicted of any offence by this act declared criminal, and made punishable either by death or imprisonment in the penitentiary, from any jail or other place of confinement, or from the custody of any officer or other person charged with the safe-keeping of such offender, every person so offending, his, her or their aiders, abettors and procurers, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time between the respective periods for which the offender so rescued might have been imprisoned under this act, for the offence wherewith he was charged or whereof he was convict : and if the offender so rescued, was charged with or convict of treason or murder in the first degree, such rescuer shall, upon conviction, be punished as for murder in the second degree. prison, how 31. That if any person shall by any means whatsoever, be aiding or Persons aiding assisting to any prisoner confined in any jail, penitentiary or other place of prisoners to esconfinement, charged with, indicted for, or convicted of any offence against cape from this state, or sentenced to imprisoned upon such conviction, to make or attempt to make his or her escape from such jail, penitentiary or other place punished. of confinement, although no escape be actually made, every person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than three years nor less than six months. 32. That if any person shall attempt, by bribery, persuasion, seduction Attempt to or other arts or means, to prevail upon any ministerial officer or other person, bribe an officer charged with the safe-keeping of any offender accused or convicted of any to suffer his offence by this act made criminal, to permit such offender to escape from his prisoner to esor her custody, although no escape be actually made, every person so offend- cape, how puning, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary at hard labor, for any space of time not more than five years nor less than six months, ished. 33. That if any person or persons shall receive or buy any goods or Concealers of chattels, that shall be stolen or taken by robbery, of the value of ten dollars stolen goods, and upwards, from any other person, knowing the same to have been so how punished. stolen or taken by robbery; or shall receive, harbor or conceal any thief, knowing him or her to be such; every person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than six months. 34. That if any person shall steal any horse, mare or gelding, foal or Horse stealing, filly, ass or mule; or if any person shall receive or buy any horse, mare or how punished. gelding, foal or filly, ass or mule; or if any person shall receive or buy any horse, mare or gelding, foal or filly, ass or mule that shall be stolen from any other person, knowing the same to be stolen; or if any person shall harbor or conceal any horse thief, knowing him to be such, every person so offending, in any of the cases above described, shall be deemed guilty of a high misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than fourteen years nor less than three years. : 35. That if any person shall wilfully and maliciously burn or cause to Burning haybe burnt any barrack or stack of hay; crib of corn; stack of wheat, rye, oats, stacks, &c., barley, flax, hemp, or any kind of fodder or grain; or any fences; piles of how punished; wood; boards; plank or scantling or square timber, the property of another, destroying of the value of fifteen dollars or more, such person so offending, shall be bridges or killing animals, deemed guilty of a misdemeanor, and on conviction thereof, shall be confined in how punished. the penitentiary, at hard labor, for any term of time not more than seven years nor less than one year and if any person shall secretly, wilfully and maliciously demolish, cut down or destroy any part of any public or toll bridge ; kill or destroy any horse, mare, foal or filly, mule or ass, sheep, bull, cow, ox, steer or heifer of the value of ten dollars or upwards, the property of another, such person, shall on conviction thereof, be imprisoned in the penitentiary, at hard labor, for any time not more than five years nor less than one year: Provided always, That nothing in this section contained shall be so construed as to extend to any person who shall kill any of the beforementioned animals trespassing within his own enclosures, and shall not afterwards attempt to conceal the fact. 36. That if any person of the age of sixteen years or upwards, shall Destroying willfully and maliciously cut down, saw, bark or otherwise injure or destroy fruit-trees, how any fruit trees growing in any nursery, garden, yard or orchard, the proppunished. erty of another, to the value of ten dollars or upwards, every person so offending, shall be deemed guilty of a misdemeanor, and upon conviction 16 VOL. II. . |