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ed, shall not extend to any person who is or shall be divorced at the time of such marriage, nor to any person, for or by reason of any former or prior marriage made with

in the age of consent. Burning Sec. 45. And be it further enacted, That every person who houses,&c. shall wrongfully or maliciously burn or otherwise destroy

any dwelling-house, barn, warehouse, shop, mill, malthouse, out-house, any public building, or other building whatever, or the frame of any such building, the burning whereof shall not amount to arson at the common law, shall be fined not exceeding five thousand dollars, and be imprisoned not exceeding five years, shall be placed in the pillory in some public place in the county town of the county where he shall be convicted, shall be cropped while in said pillory by having a piece of each of his ears cut off, and shall be branded while in said pillory with

the brand of the letter B. Burning Seo. 46. And be it further enacted, That every person

who shall wilfully and maliciously burn any stacks of corn, hay, grain, straw,corn-stalks or husks, flax, fences, piles of wood, boards, timber or other lumber, shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding one year.

Sec. 47. And be it further enacted, That if any person and bat- shall be convicted before any court of general sessions of tery.

the peace, or before the supreme judicial court, of making an assault with an intent to commit murder, rape, sodomy, burglary or robbery, he or she shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding two years: and any person convicted before either of said courts of any other assault or battery, or both, shall be fined not exceeding one hundred dollars, and be imprisoned not exceeding six months, or shall suffer either

or both of said punishments, at the discretion of the court. Rescuing Sec. 48. Ind be it further enacted, That if any person

shall by force set at siberty or rescue any person convicted or charged with any other crime than murder, he or she so offending shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding two years.

Sec. 49. And be it further enacted, That if any person bering

shall cut out the tongue, or otherwise dismember any beasts.

beast, maliciously or of purpose, or shall maliciously and of purpose kill, destroy or wound the beast of another, such person shall be fined not exceeding one hundred dollars, or be imprisoned not exceeding two months, or

Assault

convicts.

Dismem

shall suffer both said punishments, at the discretion of the court; and shall pay to the owner of such beast treble damages, to be recovered by an action of trespass.

Sec. 50. And be it further enacted, That every person Taking who shall clandestinely take and carry away any corn or fruit, &c. fruit, out of any field, garden or orchard, without the privity or consent of the owner thereof, or shall root up, cut down, girdle or otherwise destroy, any trees, roots, fruits or other vegetables, growing in any garden or orchard, without permission of the owner thereof, shall, if convicted before any two justices of the peace or wardens, be fined not exceeding ten dollars; or if convicted before the supreme judicial court, or court of general sessions of the peace, shall be fined not exceeding fifty dollars, and be imprisoned not exceeding one month, or shall suffer either or both said punishments, at the discretion of the court; and shall moreover pay to the party aggrieved treble damages, to be recovered by an action of trespass.

Sec. 51. And be it further enacted, That in every indict-Indictment ment to be prosecuted against any person for wilful and corrupt perjury, or for subornation of or incitement to perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court or before whom the oath or affirmation was taken, (averring such court or person or persons to have competent authority to administer the same,) together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned, without setting forth the bill, answer, information, indictment, declaration or any part of any record or proceeding, either in law or equity, other than aforesaid, and without setting forth the commission or authority of the court or person or persons before whom the perjury was committed, or was agreed or promised to be committed.

Sec. 52. And be it further enacted, That all claims to Benefit of dispensation from punishment by benefit of clergy shall clergy. be and hereby are for ever abolished ; and every person convicted of any felony heretofore deemed clergiable, shall be fined and imprisoned at the discretion of the court, excepting in those cases when some other specific penalty is prescribed by this act.

Sec. 53. And be it further enacted, That if any prisoner Prisoner shall, upon his or her arraignment for any crime or offence standing

mute, &e. whatever, stand mute or not answer directly, or shall peremptorily challenge above the number of persons sum

[graphic]

he had

ted of fence.

fenee.

act.

moned or returned as jurors for his or her trial, to which

he or she is by law entitled, the plea of not guilty shall To be be entered for him or her on the record, the supernumetried as if

rary challenges shall be disregarded, and the trial shall pleaded., proceed in the same manner as if he or she had pleaded not guilty. not guilty, and for his or her trial had put himself or her

self upon the country; any law, custom or usage to the

contrary thereof in any wise notwithstanding. Persons Sec. 54. And be it further enacted, That when any person indicted shall be indicted for any high and aggravated crime or misaggrava- demeanor, by the grand jury, and upon trial of the issue

it shall appear to the petit jury, that the person accused, is not guilty of the whole crime charged in the indictment,

but is guilty of so much thereof as shall substantially Petit jury amount to a crime of a lower nature, the petit jury may may con- find the indicted person guilty of such part only, and not lesser of- guilty of the whole indictment; and the court shall

proceed to sentence such convict for the crime of which he

is found guilty, according to law. Convicts Sec. 55. And be it further enacted, That if any person of crimes shall hereafter be convicted of any crime committed be

fore the passing of this act, he or she shall be sentenced to undergo such pains and punishments as by the laws now in force are prescribed and directed, unless such convict shall openly pray in court, before whom such conviction shall be had,' that sentence may be pronounced agreeably to the provisions of this act for the like offence; in which case the said court shall comply with the said prayer, and pass such sentence on such convict as they would have passed had the said offence been committed subsequent to the passing of this act.

Sec. 56. And be it further enacted, That no person shall which in. be prosecuted, tried or punished, for any crimes or ofdictments fences whatsoever, excepting those hereafter mentioned, preferred. unless the indictment for the same shall be found or in

stituted within three years from the time of committing

the crime or offence or incurring the fine or forfeiture: Proviso. Provided, That the aforesaid limitation shall not extend

to the crimes of murder, arson, counterfeiting, forgery, polygamy, rape, robbery, horse-stealing or other theft, or any of them; and provided also, that nothing herein contained shall extend to any person or persons fleeing from justice.

Sec. 57. And be it further enacted, That no conviction or judgment for any crime or offence whatever, which here

Time within

Deodands abolished.

sury.

after shall be had or rendered, within any of the courts Corrup. of this state, shall work corruption of blood or forfeiture blood, &c. of estate.

Sec. 58. And be it further enacted, That whenever any death shall happen by casualty or accident, there shall be in future no forfeiture of any personal chattel, or the value thereof, as a deodand.

Sec. 59. And be it further enacted, That any crime or Crimnes at offence, being such at the common law, and for which no common punishment is prescribed by this act, shall and may be punished. prosecuted and tried, adjudged and punished, by fine or imprisonment, or both, as an offence at the common law, any thing in this act to the contrary notwithstanding.

Sec. 60. And be it further enacted, That persons accu- Accused sed of any crime or crimes shall be proceeded against where either in the supreme judicial court or the court of gene- tried. ral sessions of the peace of the county wherein the crime or crimes charged may be committed, unless in cases where by law special provision is or shall be otherwise made.

Sec. 61. And be it further enacted, That all fines not Fines to be specially appropriated shall be paid into the general the trea. treasury, to and for the use of the State.

Sec. 62. And be it further enacted, That all persons Convicts sentenced to imprisonment shall be imprisoned in the where incommon jail of the county in which the offence shall be committed : Provided nevertheless, That whenever in the Proviso. opinion of the supreme judicial court, the common jail of any county, in which any prisoner shall be confined, or by law ought to be confined, is insufficient to hold the said prisoner in safe custody, or whenever in the opinion of said court there shall be sufficient cause to apprehend that a rescue and liberation of said prisoner will be made, either by foreign enemies or by riot and lawless violence, it shall be lawful for said court, by order thereof, to remove such prisoner to any other county jail in the State, until such prison shall be rendered safe and sufficient, or until reasonable apprehension of the rescue and liberation of said prisoner shall cease.

Sec. 63. And be it further enacted, That the punishment Death, of death shall be inflicted by hanging the person convict- hocerein. ed by the neck until dead. Sec. 64. And be it further enacted, That if any person

Penalty shall transport or carry, or cause to be transported or porting carried, any free citizen of this State, or other free person

prisoned.

for trans

free per

sons.

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lawfully residing and inhabiting therein, to any part or place without the limits of the same, by land or water, without his consent or voluntary agreement, or in order to remove such person from one part of the State to another part of the same, except for the purpose of defending the same in time of war, agreeably to law, or except such person be sent by due course of law, every person so offending, and every person aiding and abetting therein, being duly convicted thereof before the supreme judicial court, shall be punished by fine not exceeding one

thousand dollars, and by imprisonment not exceeding two Persons Sec. 65. And be it further enacted, That any person who

shall be committed to prison upon suspicion of having capital offence to be committed a crime for which he may have sentence of bailed, ite: death passed upon him, shall be bailed or discharged if dicted. he is not indicted at the second term thereafter of the

supreme judicial court, in the county where the crime is When in- alleged to have been committed ; and when any person shall be shall be holden in prison under indictment, he shall be tried. tried or bailed at the first term next after his indictment,

if he demands the same, unless it shall appear to the court, that the witnesses on behalf of the State have either been enticed away or are detained by some inevitable accident from attending.

1743 '98

1822.

biHs

An act ascertaining damages on protested Bills of E.xchange. Damages

Section 1. Be it enacted by the General Assembly, and by the on foreign authority thereof it is enacted, That when any foreign bill

of exchange is or shall be drawn or endorsed within this State, for the payment of any sum of money, and such bill is or shall be returned from any place or country without the limits of the United States, protested for non-acceptance or non-payment, the drawer or endorser shall be subject to the payment of ten per cent. damages thereon, and charges of protest, and the bill shall carry an interest of six per cent per annum from the date of the protest,

until judgment rendered as hereafter prescribed. Action

Sec. 2. And be it further enacted, That it shall be lawmay be commenc

ful for any person or persons having a right to demand any sum of money upon a foreign protested bill of exchange as aforesaid, to commence and prosecute an action for principal, damages, interest and charges of protest, against

ed.

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