Page images
PDF
EPUB
[graphic]

Sec. 25. And be it further enacted, That every person Accessawho shall knowingly receive, harbor, conceal, maintain, the fa assist or relieve any person or persons who have committed any of the crimes aforesaid, or hereafter mentioned, although the principal offender cannot be taken so as to be prosecuted, is and shall be considered an accessary after the fact, and shall be fined not exceeding five hundred dollars, and be imprisoned not exceeding two years.

Sec. 26. And be it further enacted, That every person Rescuing who shall by force set at liberty or rescue any person convicts of convict of murder or charged therewith, shall be fined not exceeding two thousand dollars and be imprisoned for a term not exceeding five years.

Sec. 27. And be it further enacted, That no person ac- Bail cused of either of the capital crimes aforementioned, granted by

+ supreme shall be admitted to bail, but by the justices of the su-judicial preme judicial court in term, or one or more of them in court. vacation; nor shall any person charged with either of the crimes aforesaid be tried, except by the supreme judicial court, holden in and for the county wherein the offence shall have been committed ; and that peremptory challenges shall be allowed in all cases wherein they have heretofore been allowed by law.

ale Sec. 28. And be it further enacted, That every person Theft. who shall feloniously steal any money, goods or chattels; any note of the treasurer of this State for the payment of money; any note or certificate of any bank or any public office, securing the payment of money to any person or certifying the same is due; any order entitling any person to money; any bill of exchange, bond, warrant, obligation, bill or promissory note for the payment of money, or any valuable property; any record or other papers belonging to any public office; any book of account, receipts for money or other article paid or delivered, or adjustments or documents of any kind, relating to the payment of money, or other articles; any indenture of apprenticeship, deed, covenant, indenture of assurance whatever, respecting any property, real or personal, or shall be accessary thereto before the fact; shall restore the money, goods, chattels or other article so stolen to the owner or owners thereof, and shall pay to him, her or them the full value thereof; and in case such restoration shall not take place, shall pay two-fold the value of such money, goods, chattels or other articles stolen, to the said owner or ownérs, and shall moreover be fined not exceeding one thou

[ocr errors]

sand dollars, be imprisoned not exceeding two years, and be whipped not exceeding fifty stripes; or shall suffer any or all of the said punishments of fine, imprisonment

and whipping, at the discretion of the court. Receiving Sec. 29. And be it further enacted, That every person who stolen

&c. shall receive such stolen money, goods, chattels or other

articles, knowing them to be stolen, shall be subject to the like penalties and punishments as are herein prescribed for stealing the same, although the principal offend

er may not have been prosecuted or convicted therefor. Embrace- Sec. 30. And be it further enacted, That every person

who shall be convicted of conspiracy, or champerty, or maintenance, or common barratry, or embracery, shall be fined not exceeding five hundred dollars, and be impri

soned not exceeding six months. Challeng- Sec. 31. And be it further enacted, That every person ing to a duel.

who shall challenge another by word, message or any other way, to fight a duel, or who shall accept a challenge, though no duel be fought, or shall any way abet, prompt, encourage or seduce any person to fight a duel, or to challenge another to fight, shall be fined not exceeding five hundred dollars, and be imprisoned not ex

ceeding six months. Extortion. Sec. 32. And be it further enacted, That if any officer of

this State shall exact or extort any more or greater fees than by law are stated and allowed, or under color of his office shall levy or demand and receive, or shall take any bond, bill, note or other assurance whatever, securing the payment of a greater sum of money than he is authorized by law to receive, he shall be fined not exceeding five hundred dollars, and be imprisoned not exceeding two years, and shall also forfeit to the party aggrieved two-fold damages, to be recovered by an action

of the case. Exercising Sec. 33. And be it further enacted, That every person without who shall exercise or officiate in any office without being authority. thereunto lawfully appointed and authorized, shall be

fined not exceeding two hundred dollars, and be impris

oned not exceeding one year. Obstruct- Sec. 34. And be it further enacted, That every person ing of

who shall menace, threaten, obstruct, strike, insult, or ficers.

assault, or in any other manner abuse any officer, civil or military, while in the execution of his office, shall be fined not exceeding two hundred dollars, and be impris

[graphic]

oned not exceeding one year, or shall suffer either or both of said punishments, at the discretion of the court.

Sec. 35. And be it further enacted, That every person Adultery. who shall commit the crime of adultery, shall be fined not exceeding two hundred dollars, and be imprisoned not exceeding six months.

Sec. 36. And be it further enacted, That every man or Fornicawoman who shall commit fornication, and be thereof tion. convicted before any two or more justices of the peace in the county where such offence shall be committed, shall be fined not exceeding five dollars, and be imprisoned not exceeding five days.

Sec. 37. And be it further enacted, That every person Blasphewho shall commit the crime of blasphemy, shall be fined my. not exceeding one hundred dollars, and be imprisoned not exceeding two months.

Sec. 38. And be it further enacted, That every person Profane who shall be guilty of the crime of profane cursing and swearing. swearing, and shall be thereof convicted before any one or more justices of the peace or wardens, shall for the first offence be fined, for the use of the poor of the town in which the offence shall be committed, in a sum not exceeding one dollar, nor less than fifty cents; and for the second, or any further offence of the like nature, shall be fined not exceeding two dollars, nor less than one dollar and fifty cents, to be appropriated in like manner; and in case such offender shall not pay such fine or fines, he shall be imprisoned not exceeding ten days; and it shall be lawful for any justice of the peace or warden, in whose hearing such profane cursing and swearing shall be uttered, to convict the offender on his own knowledge of the offence.

Sec. 39. And be it further enacted, That if any jailer or Voluntary other keeper of a prison shall voluntarily suffer any pri- escape. soner committed unto him to escape, he shall suffer and undergo the like pains, punishments and penalties, as the prisoner so escaping was sentenced to suffer and undergo; or in case such prisoner so escaping shall not be, at the time of such escape, a convict, then the jailer or prison-keeper voluntarily suffering such prisoner to escape, shall suffer and undergo the like pains, punishments and penalties, as the prisoner so escaping shall or may by law be subjected to, for the crime or crimes wherewith he shall stand charged, if he had been convicted thereof: Provided always, That if the prisoner escaping shall be proviso.

to

charged with or convicted of any crime, the punishment whereof is by law capital, the jailer or prison-keeper permitting such voluntary escape, shall be fined not exceeding three thousand dollars, and be imprisoned not

exceeding six years. Negligent Sec. 40. And be it further enacted, That if any jailer or escape. prison-keeper shall, through negligence, suffer any pris

oner, accused or convicted of any crime, to escape, he

shall be fined not exceeding one thousand dollars, and be Proviso. imprisoned not exceeding one year: Provided always,

That if any prisoner who shall stand committed for debt on mesne process, or execution, shall escape from prison against the consent and without the permission of the sheriff or prison-keeper, and the sheriff or prison-keeper shall, within three months next after such escape, recover the prisoner so escaped, and return him back to prison again, the sheriff or jailer shall be liable to nothing further than the cost of any action, which may have been

commenced against him for such escape. Convey- Sec. 41. And be it further enacted, That if any person

tushall, directly or indirectly, by any ways or means howsoprisoners. ever, without the knowledge or privity of the jailer, con

ments

vey any instrument or other thing whatsoever to any prisoner, or into any prison, whereby any prisoner might break the prison, or work himself unlawfully out of the same, or in any way thereby escape, the person so offending shall be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year: and if it shall so happen that any prisoner shall make his escape by means of any instrument, tool or other thing so conveyed, without the knowledge and privity of the jailer, the person so conveying the same shall be liable to pay all such sums of money as the prisoner stood committed for, and shall suffer all such punishments, pains and penalties, as the escaped prisoner would be liable to, on the charge or conviction on which he stood committed, unless such prisoner would have been liable to capital punishment, in which case the person assisting in such escape as aforesaid shall be fined not exceeding three thou

sand dollars, and be imprisoned not exceeding five years. Convicts SEC. 42. And be it further enacted, That every convict eseaping. who shall escape from his imprisonment, and be retaken

and recommitted, shall continue in prison for such term of his imprisonment as remained unexpired at the time of his escape, and moreover shall undergo such additional im

bastard

dence to of any such child be; and the con

prisonment as the court before whom the original conviction was had, shall on conviction for such escape order and direct, not exceeding six months. Sec 43. And be it further enacted, That if any woman shall Conceal.

i ing death endeavor privately, either by herself, or the procurement of others, to conceal the death of any issue of her body, child. male or female, which if it were born alive, would by law be a bastard, so that it may not be known whether it were born dead or alive, or whether it was murdered or not, every such mother shall be fined not exceeding three hundred dollars, and be imprisoned not exceeding one year, or shall suffer either or both said punishments, at the discretion of the court: and if the grand jury shall, in the same indictment, charge any woman with the murder of her bastard child, and also with the offence of concealment of its death as aforesaid, the jury by whom such woman shall be tried may either acquit or convict her of both offences, or find her guilty of one and not guilty of the other, as the case may be; and the concealment of the death of any such child shall not be conclusive evidence to convict the party indicted of the murder of her bastard child, unless the circumstances attending it be such as shall convince and satisfy the minds of the jury, that she did wilfully and maliciously destroy and take away the life of such child. Sec. 44. And be it further enacted, That if any person Marrying

u a second being married, or who hereafter shall be married, shall husbar marry any other person, the former husband or wife being &c. alive, or shall continue to live so married, the person so offending shall be set on the gallows for the space of one hour, with a rope about his or her neck, be fined not exceeding one thousand dollars, and be imprisoned not exceeding two years; or shall suffer all or any of these punishments, at the discretion of the court: Provided, That Proviso. this act, or any thing therein contained, shall not extend to any person whose husband or wife shall be continually remaining beyond sea for the space of seven years together, the one of them in either case not knowing the other to be living in that time : Provided also, That this act, or any thing therein contained, shall not extend to the wife of any man who shall voluntarily absent himself from his said wife for the space of seven years together, without making suitable provision for her support and maintenance in the mean time, if it shall be in his power so to do: Provided also, That this act, or any thing therein contain- Proviso.

« PreviousContinue »