§710. Whenever a half year's rent or more shall be due, and no sufficient distress can be found, the landlord may bring an action of ejectment for the recovery of the premi ses: but the tenant may, at any time before judgment, stay proceedings, by tender of all the rent, and all costs and charges incurred by the lessor.

§711. At any time within six months after a landlord shall have taken possession of the premises recovered in action of ejectment, the premises shall be restored to the tenant or lessee, on payment or tender to the landlord or lessor, of all rent in arrear, and all costs and charges incur. red by the lessor.

§ 712. If a tenant in arrear for rent shall desert the premises, without leaving thereon any goods subject to distress, any justice of the peace of the county may, at the request of the landlord, view the premises; and on being satisfied that the premises have been deserted, he shall affix a notice upon a conspicuous part of the premises, requiring the tenant to appear and pay the rent due, at the time spe. cified in the notice, not less than five, nor more than twenty days after the date thereof.

§713. At the time specified, the justice shall again view the premises; and if the tenant appear and deny that rent is due to the landlord, all proceedings shall cease. If the tenant, or some one for him, shall not appear, and pay the rent, and there shall not be sufficient distress upon the premises, then the justice may put the landlord into posses. sion of the same.

§714. The goods and chattels of a tenant may be distrained after they shall have been removed from the premises, whether the removal have been made before or after the rent shall have become due. If the rent be due at the time of the removal, or shall become due within thirty days there. after, the goods may be seized within the said thirty days after such removal. If no rent be due, or become due within that time, then the seizure may be made at any time within thirty

ford? 710. In what case may the landlord eject a tenant in arrears? 711. How may tenant regain possession? § 712, 713. If a tenant in arrear desert the premises, leaving no goods subject to distress, what procedure must be taken? § 714. What is provided in case goods

days after the rent shall have become due; provided such seizure be made within six months after the removal of the goods; but no goods shall be liable to be seized which shall have been previously sold in good faith, and for a valuable consideration, to any person not privy to such fraudulent removal.

§715. Any tenant or lessee who shall remove his gouds from any demised premises, either before or after any tent shall have become due, for the purpose of avoiding the pay ment of such rent; and every person who shall knowingly assist such tenant or lessee in such removal, or in conceal, ing any goods so removed, shall forfeit to the landlord of the demised premises, his heirs or assigns, double the value of the goods so removed or concealed.

§716. Personal property deposited with a tenant, with the consent of the landlord, or hired by such tenant, or let to him, with the like consent, shall not be distrained for any rent due to such landlord. And property belonging to any other person than the tenant, which shall have accidentally strayed on the demised premises, or which shall be de. posited with a tavern-keeper, or with the keeper of any warehouse, in the usual course of his business, or deposited with a mechanic or other person, for the purpose of being repaired or being manufactured, shall not be subject to dis. tress or sale for rent; but the officer making the distress shall not be liable for seizing or selling property not belong. ing to the tenant, unless previous notice shall have been given him of the claim of a third person.

§ 717. Distress for rent shall be made by the sheriff of the county, or one of his deputies, or by a constable or marshal of the town or city where the goods are, who shall conduct the proceedings throughout.

§ 718. No distress shall be driven out of the town in which it shall be taken, except to a pound within the same county, not above three miles distant from the place where

are removed from the premises before distraint? §715. What is the penalty for removing and concealing goods? § 716. In what cases is the property of other persons exempt from distress? 717. By what officers is distress for rent made? § 718. How far may property taken by distress be removed? §719. With what must a distress warrant be

such distress shall have been taken. All beasts, or goods or chattels taken as a distress at one time, shall be kept, as near as may be, in the same place.

§ 719. An officer may not make distress for rent, unless the warrant of distress be accompanied by an affidavit of the landlord, or his agent, specifying the amount of rent due, and the time for which it accrued.

§720. Within ten days after the sale of goods, for rent, r after they shall have been replevied, the officer is required o file the original warrant of distress, with the original Affidavit of the landlord, in the office of the town clerk. In the city and county of New York, in the city and county of Albany, in the cities of Troy, Hudson, and Schenectady, such warrant and affidavit shall be filed in the office of the clerk of the county. Any officer violating this provision, shall forfeit fifty dollars to the person whose property shall have been distrained.

§ 721. All distresses for rent shall be reasonable; and whosoever shall take an unreasonable distress, shall be liable to an action on the case, at the suit of the party aggrieved, for the damages sustained thereby.

CHAPTER X.

Crimes and their Punishment.

§722. THE following definitions of the several crimes are taken principally from the statutes of New York; but they are, without any material exceptions, the same in all the states. Those crimes which are punishable by death, are treason, murder, and arson in the first degree.

§723. Treason is defined to be levying war against the people of the state; a combination to usurp, by force, the

accompanied? 720. What is provided in relation to the filing of the warrant of distress and affidavit? § 721. What is the penalty for taking unreasonable distress?

722. What crimes are punishable by death? § 723. What is

government of the state; or adhering to, and aiding, the enemies of the state, while separately engaged in war with a foreign enemy.

§ 724. Murder is the killing of any person in the following cases (1.) when perpetrated from a premeditated design to effect the death of any human being; (2.) when perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect death; (3.) when perpetrated without any design to effect death, by a person engaged in the commission of a felony; and (4.) the wounding of a person in a duel, though it be done out of the state. who shall die in the state; and every second engaged in such duel shall be guilty of murder. Dueling, however, in some states is either not a capital crime, or is not a statute offence of any degree.

§ 725. Arson in the first degree, is wilfully setting fire to, or burning, in the night time, a dwelling house in which there is, at the time, some human being; and every house, prison, jail, or other building, that shall have been usually occupied by persons lodging therein at night, is deemed a dwelling house of any person so lodging therein.

§ 726. Manslaughter in the first degree, consists in killing a human being, without a design to effect death, by the act of another engaged in perpetrating, or attempting to perpe. trate, a crime or misdemeanor not amounting to felony; or in assisting another in committing self-murder. Manslaughter in the second degree, is the killing of a human being, without a design to effect death, but in a cruel, unusual manner; or in unnecessarily killing another, while resist. ing an attempt by such other person to do an unlawful act, or after the attempt shall have failed.

§ 727. Manslaughter in the third degree, is the killing of another in the heat of passion, without a design to effect death, by a dangerous weapon; or the involuntary killing of a person by the negligence of another engaged in com

treason against the state? § 724. Under what circumstances is the killing of a person murder? § 725. What constitutes arson in the first degree? § 726. In what does manslaughter in the first degree consist? In the second degree? §727. What is manslaughter in the

mitting, or attempting to commit, a trespass, or in permitting a mischievous animal, by its owner, to go at large, if the animal shall kill a human being, who shall have taken due precaution to avoid the animal; or the administering, by a physician in a state of intoxication, and without a design to effect death, of any poison, drug, or medicine, which shall produce the death of another; or in causing death by persons navigating steamboats or other vessels, through culpable negligence or ignorance. Manslaughter in the fourth degree, is the involuntary killing of another by any weapon, or by means neither cruel nor unusual, in the heat of passion.

§728. Homicide is the taking of a person's life, and inIcludes the crime of murder. Homicide is also excusable, or justifiable. Excusable homicide is the killing of a person by accident, or while lawfully employed, without the intention of doing wrong. Justifiable homicide is putting one to death in pursuance of a legal sentence; or in defending one's person, or property, or in defending the person of another. In these cases, no punishment is inflicted.

§729. Any person who shall maim another, from premeditated design, by cutting out or disabling the tongue, or any other member or limb of any person; or who shall inveigle or kidnap another, or shall be accessory to any kidnapping; or who shall sell kidnapped blacks; or who shall decoy or take away children; or who shall expose children in the street or highway to abandon them; or who shall commit or attempt an assault with intent to kill, or to commit any other felony, or in resisting the execution of a legal process; or who shall administer poison whereof death shall not ensue; or who shall poison any spring, well, or reservoir of water; such person shall be adjudged guilty of crime.

§ 730. Arson in the second degree, is the burning of, and setting fire to, in the night time, any shop, warehouse, or other building, endangering an inhabited dwelling. Arson in the third and fourth degrees consists in burning of build.

third degree? In the fourth degree? 728. What is homicide? When is it excusable and justifiable? § 729. What other injuries done to or at. tempted upon persons are mentioned as crimes? 730. What consti