§ 2. The laws of the several states differ in respect to the number of crimes made punishable by death. In Massachusetts there were until within a few years, and are perhaps still, no less than six crimes thus punishable; while in some states the penalty of death is by law annexed to the crime of murder only. Treason also is always punishable by death; but as this offence is defined and made punishable by the laws of the United States, not all the states take cognizance of it. If committed in such states, it is tried in the courts of the United States. In New York, murder, treason, and arson in the first degree, are punishable by death. Few states make more than these crimes thus punishable.

§ 3. Crimes punishable by death, are called capital crimes, and their punishment is called capital punishment. The word capital is from the Latin, caput, which means head; and so has come to signify the highest or principal. Hence, probably, the application of the word capital to the principal crimes receiving the highest punishment, which was formerly practised extensively in other countries by beheading or decapitating the criminals.

§ 4. Treason is defined by statute to be, levying war in any state against the people of the state; or a combination of two or more persons, attempting by force to usurp or overturn the government of the state; or in adhering to enemies to the state while separately engaged in war with a foreign enemy, and giving them aid and comfort.

§ 5. Murder is the killing of a person deliberately and maliciously, and with intent to effect death; or killing a person in committing some other crime, though not with a design to effect death; or in killing a person purposely and without previous deliberation. The less aggravated cases of murder, are in some states distinguished as murder in the second degree, and punished by imprisonment for a long term, or for life.

§ 6. Manslaughter is killing a person either upon a sud· den quarrel, or unintentionally while committing some unlawful act. The statutes of New York define four different degrees of manslaughter.

§ 7. Arson is maliciously burning any dwelling-house, shop, barn, or any other building, the property of another.

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Burning an inhabited dwelling-house in the night time, is in New York and Massachusetts, and perhaps in other states, punishable with death.

§ 8. Homicide signifies mankilling. It is of three kinds, felonious, justifiable, and excusable. When felonious, it is either murder or manslaughter. Justifiable homicide is that which is committed in the necessary defence of one's person, house or goods, or of the person of another when in danger of injury; or that which is committed in lawfully attempting to take a person for felony committed, or to suppress a riot, or to keep the peace. Excusable homicide is the killing of a person by accident, or while lawfully employed, without any design to do wrong. In the two last cases there is no punishment.

§ 9. Intentionally maiming another by cutting out or disabling the tongue or any other member or limb; inveigling or kidnapping; decoying and taking away children; exposing children in the street to abandon them; committing or attempting an assault with intent to kill, or to commit any other felony, or in resisting the execution of a legal process; cdministering poison without producing death; poisoning any well or spring of water; are all felonies, and punishable as such.

§ 10. Burglary is maliciously and forcibly breaking into and entering in the night time, any dwelling house or other building, with intent to commit a crime. Breaking into and entering a house by day, is considered a minor degree of burglary.

11. Forgery consists in fal ely making, counterfeiting, or altering any instrument of writing, with intent to defraud. The word counterfeiting is generally applied to making false coin or bank notes, or in passing them; or in having in possession any engraved plate, or bills unsigned, which are intended to be used for these purposes.

§ 12. Robbery is the taking of personal property from another in his presence and against his will, by violence, or by putting him in fear of immediate injury to his person. Knowingly to send or deliver, or to make for the purpose of being sent, a letter or writing, threatening to accuse any one of crime, or to do him some injury, with intent to extort or

gain from him any money or property, is considered an attempt to rob, for which the offender may be imprisoned.

§ 13. Embezzlement is fraudulently putting to one's own use what is intrusted to him by another. To buy or receive property knowing it to have been embezzled, is to be guilty of the same offence. Embezzling is usually punishable in the same manner as larceny of the same amount.

§ 14. Larceny is theft or stealing. The stealing of property above a certain amount in value, is called grand larceny, and is a state prison offence. If the value of the property stolen is of less amount, the offence is called petit larceny, and is punished by fine or imprisonment in jail, or both.

§ 15. Perjury is wilfully swearing or affirming falsely to any material matter, upon an oath legally administered. Subornation of perjury is procuring another to swear falsely: punishable as perjury.

§ 16. Bribery is promising or giving a reward to a public officer, to influence his opinion, vote or judgment. A person accepting such bribe, is punishable in the same manner, and forfeits his office, and, in some states, may never hold another public trust. This offence is not in all the states punishable by imprisonment in the state prison.

§ 17. Dueling is a combat between two persons with deadly weapons. Killing another in a duel is murder, and punishable with death. If death does not ensue, imprisonment. Challenging, or accepting a challenge, to fight, or to be present as a second, imprisonment. Dueling is not a punishable offence in every state.

§ 18. Aiding or attempting to aid a prisoner committed for felony, to escape from confinement, or forcibly rescuing a prisoner charged with crime, from the custody of a public officer, is a crime. If the offence for which the prisoner is committed is less than felony, the punishment is imprisonment in jail, or fine, or both.

§ 19. Bigamy is the crime of having two or more wives, and is also called polygamy. But bigamy literally signifies having two wives, and polygamy any number more than one. These words, in law, are applied also to women having two or more husbands. A person having a lawful husband or wife living, and marrying another person, is guilty of bigamy.

An unmarried person, also, who shall marry the husband or wife of another, is punishable in like manner.

§ 20. Incest is the marrying or cohabiting together as husband and wife, of persons related to each other within certain degrees.

§ 21. Opening a grave and removing a dead body for any unlawful purpose, or purchasing such body knowing it to have been unlawfully disinterred, is a crime. This offence is in some states punishable by imprisonment in a county jail, or by fine, and not in a state prison.

§ 22. Persons sometimes advise or are knowing to the commission of felonies, but are not actually engaged in committing them. Such are accessories. He who advises or commands another to commit a felony, is called an accessory before the fact, and is punished in the same manner as the principal. If he conceals the offender after the offence has been committed, or gives him any aid to prevent, his being brought to punishment, he is an accessory after the fact, and may be imprisoned or fined.

EXERCISES.

1. By what authority are the different crimes defined, and their punishment declared?

§ 2. What are the principal crimes punishable by death? §3. What kind of crimes are called capital? Define capital. How, probably, came this word to be thus applied?

Define treason, murder, &c., to the end of the chapter.

CHAPTER XLII.

Offences punishable by Imprisonment in a County Jail, or by Fines; General Provisions concerning Crimes; Arrest and Examination of Offenders

§ 1. Assault and battery is unlawfully to assault or threaten, or to strike or wound another. Besides being liable to

fine and imprisonment, the offender is liable also to the party injured for damages.

§ 2. A riot is the assembling together of three or more persons, with intent forcibly to injure the person or property of another, or to break the peace; or agreeing with each other to do such unlawful act, and making any movement or preparation therefor, though lawfully assembled. When riotous persons are thus assembled, and are proceeding to commit offences, any judge, justice, sheriff, or other ministerial officer, may in the name of the state command them to disperse. If they refuse, the peace-officers are required to call upon all persons near to aid in taking the rioters into custody. Persons refusing to assist may be fined.

3. A sheriff or other officer voluntarily suffering a prisoner charged with or convicted of an offence, to escape from his custody, is guilty of a misdemeanor. To rescue a prisoner thus charged or convicted, is punishable in a similar manner. It is also a misdemeanor to assist a criminal, with a view to effect his escape, though he does not escape from jail.

§ 4. A person taking upon himself to act as a public officer, and taking or keeping a person in custody unlawfully or without authority, is false imprisonment; for which the offender may be fined or imprisoned.

§ 5. Besides the offences which have been defined, are the following which are recognized as such in some or all of the states, and punished either by fine or imprisonment :

Attempting to extort, by threats, any money or other benefit; fraudulent conveying or concealing property to defraud creditors; conspiracies by two or more persons to commit an offence; receiving a reward to conceal a misdemeanor; wilfully committing trespass, by cutting down or carrying away any wood or timber, or injuring fruit, ornamental or shade trees.

§ 6. Also the following: Voting at an election more than once; physicians or others when intoxicated, prescribing medicines endangering life; druggists or others keeping poisonous articles for sale without having them labeled with the words "poison; " maliciously killing or wounding animals belonging to another, or cruelly beating his own or an