Manslaugh

ter.

Maiming or

ing another, for not fighting a duel, or for not sending or accepting a challenge, he shall be punished by imprisonment in the county jail, not more than one year nor less than six months, or by fine, not exceeding five hundred dollars nor less than one hundred dollars.

S8. That every person who shall commit the crime of manslaughter shall be punished by imprisonment in the state prison, not more than ten years nor less than one year.

S9. That if any person, with malicious intent, to maim or disfidisfiguring. gure, shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut or slit or mutilate the nose or lip, or cut off or disable a limb or member of any other person, every such offender, and every person privy to such intent, who shall be present aiding in the commission of such offence, shall be punished by imprisonment in the state prison, not more than five years nor less than one year, or by fine, not exceeding one thousand dollars nor less than two hundred dollars.

Assault with

$10. That if any person shall assault another, with intent to murmurder, &c. der, or to maim or disfigure his person, in any of the ways mentioned in the ninth section, he shall be punished by imprisonment in the county jail, not more than five years nor less than one year, or by fine, not exceeding one thousand dollars nor less one hundred dollars. S11. That if any person shall attempt to commit the crime of murder, by poisoning, drowning or strangling another person, or by any means not constituting an assault with intent to murder, every such offender shall be punished by imprisonment in the state prison, not more than ten years nor less than one year.

Attempt to murder by poison.

Robbing, be

$12. That if any person shall assault another, and shall feloniing armert, ously rob, steal and take from his person any money or other property which may be the subject of larceny, such robber being armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed, or if being so armed he shall wound or strike the person robbed, he shall be punished by imprisonment in the state prison, not more than ten years nor less than three years.

Assault with intent to

S 13. That if any person, being armed with a dangerous weapon, rob, being shall assault another, with intent to rob or to murder, he shall be punished by imprisonment in the state prison, not more than five years nor less than one year.

armed.

Robbing, not being arm

ed.

Assault to rob, not be

S14. That if any person shall, by force and violence, or by assault and putting in fear, feloniously rob, steal and take from the person of another, any money or other property which may be the subject of larceny, (such robber not being armed with a dangerous weapon,) he shall be punished by imprisonment in the state prison, not more than three years nor less than one year.

S15. That if any person, not being armed with a dangerous ing armed. Weapon, shall assault another with force and violence, and with intent to rob or to steal, he shall be punished by imprisonment in the county jail, not more than two years nor less than six months. S 16. That if any person, either verbally or by any written or printed communication, maliciously threaten to accuse another of any crime or offence, or shall, by any written or printed communication, maliciously threaten any injury to the person or property of another, with intent thereby to extort money, or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any

Attempt to extort money, &c.

act against his will, he shall be punished by imprisonment in the county jail, not more than one year nor less than six months, or by fine, not exceeding five hundred dollars nor less than one hundred dollars.

S17. That if any person shall ravish and carnally know any fe- Rape. male of the age of ten years or more, by force and against her will, he shall be punished by imprisonment in the state prison, not more than thirty years nor less than ten years: but if the female shall be proven on the trial to have been, at the time of the offence, a common prostitute, he shall be imprisoned, not more than seven years nor less than one year.

S18. That if any person shall unlawfully and carnally know and Rape and abuse any female child under the age of ten years, he shall be punish-childe of ed by imprisonment in the state prison for life.

commit a

slave.

$19. That if any person shall assault any female, with intent to Assault with commit the crime of rape, he shall be punished by imprisonment in intent to the state prison, not more than ten years nor less than one year. rape. S20. That every person who, without lawful authority, shall forci- Kidnapping bly or secretly confine or imprison any other person within this terri- or selling for tory, against his will, or shall forcibly carry or send such person out of this territory, or shall forcibly seize and confine, or shall inveigle or kidnap any other person, with intent either to cause such person to be secretly confined or imprisoned in this territory, against his will, or to cause such person to be sent out of this territory, against his will, or to be sold as a slave, or in any way held to service against his will; and every person who shall sell, or in any manner transfer, for any term, the service or labor of any negro, mulatto or other person of color, who shall have been unlawfully seized, taken, inveigled or kidnapped from this territory, to any state, place or country, shall be punished by imprisonment in the county jail, not more than two years nor less than one year, or by fine, not exceeding one thousand dollars nor less than five hundred dollars.

&c. where 10

$21. That every offence mentioned in the next preceding section, Kidnapping, may be tried either in the county in which the same may have been be prosecu committed, or in any county in or to which the person so seized, ted. taken, inveigled, kidnapped or sold, or whose services shall be so sold or transferred, shall have been taken, confined, held, carried or brought, and upon the trial of any such offence, the consent thereto of the person so taken, inveigled, kidnapped or confined, shall not be a defence unless it shall be made satisfactorily to appear to the jury, that such consent was not obtained by fraud, nor extorted by duress or by threats.

food, &c.

$22. That if any person shall mingle any poison with any food, Poisoning drink or medicine, with intent to kill or injure any other person, or shall wilfully poison any spring, well or reservoir of water with such intent, he shall be punished by imprisonment in the state prison not more than ten years, nor less than one year.

allowed to

$23. That if the owner of any mischievous animal, knowing its Mischievous propensities, wilfully suffer it to go at large, or shall keep it without animals not ordinary care, and such animal while so at large kill any human run at large. being who shall have taken all the precautions which the circumstances may permit to avoid such animal, such owner shall be punished by imprisonment in the county jail not more than six

Certain assaults, how

months nor less than three months, or by fine not exceeding three hundred dollars nor less than one hundred dollars.

S 24. That if any person shall assault another with intent to punished. commit any burglary, robbery, rape, manslaughter, mayhem or any felony, the punishment of which assault is not herein prescribed, he shall be punished by imprisonment in the county jail not more than three years nor less than six months, or by fine not exceeding one thousand dollars nor less than one hundred dollars.

Penalty for

selling un

wholesome

AN ACT to provide for the punishment of offences against the public health.

$1. That if any person shall knowingly sell any kind of diseased, corrupted or unwholesome provisions, whether for meat or drink, provisions, without making the same fully known to the buyer, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding one hundred dollars.

&c.

For adulterating li

quors, &c.

Ib. drugs, &c.

For inocula.

ting with small pox, &c.

Burning dwelling

house at night.

Ib. in day time.

S2. If any person shall fraudulently adulterate, for the purpose of sale, any substance intended for food, or any wine, spirits, malt liquor, or other liquor intended for drinking, with any substance injurious to health, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding two hundred dollars, and the articles so adulterated shall be forfeited and destroyed.

S3. If any person shall fraudulently adulterate for the purpose of sale, any drug or medicine in such a manner as to render the same injurious to health, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed.

S4. If any person shall inoculate himself or any other person, or shall suffer himself to be inoculated with the small pox, within this territory, with intent to cause the prevalence or spread of this infectious disease, he shall be punished by imprisonment in the state prison not more than three years nor less than one year.

AN ACT to provide for the punishment of offences against private property.

1. That every person who shall wilfully and maliciously burn in the night time the dwelling-house of another, or shall in the night time wilfully and maliciously set fire to any other building owned by himself or another, by the burning whereof such dwellinghouse shall be burnt in the night time, shall suffer the punishment of death; but if the defendant shall prove on the trial, and the jury shall find that at the time of committing the offence there was no person lawfully in the dwelling-house so burnt, the punishment instead of death shall be imprisonment in the state prison not more than twenty years, nor less than ten years.

S2. That every person who shall wilfully and maliciously burn in the day time the dwelling-house of another, or any building adjoining such dwelling-house, or shall wilfully and maliciously set fire to any building owned by himself or another, by the burning whereof such dwelling-house shall be burnt in the day time, or shall in the

day time wilfully and maliciously set fire to any building owned by himself or another, by the burning whereof such dwelling-house shall be burnt in the night time, shall be punished by imprisonment in the state prison not more than fifteen years, nor less than five years.

$3. That every person who shall wilfully and maliciously burn Burning in the night time any meeting-house, church, court-house, town-court-house, house, college, academy, jail or other building erected for public uses, &c. at night. or any ship, steam-boat or other vessel, or any banking-house, warehouse, store, manufactory or mill of another, or any barn, stable, shop or office of another, within the curtilage of any dwelling-house or any other building, by the burning whereof any building mentioned in this section shall be burnt in the night time, shall be punished by imprisonment in the state prison not more than fifteen years, nor less than five years.

$4. That every person who shall wilfully and maliciously burn Ib. day time. in the day time any building mentioned in the next preceding section, the punishment for which, if burnt in the night time, would be imprisonment in the state prison not more than fifteen years, nor less than five years, shall be punished by imprisonment in the state prison not more than eight years, nor less than four years.

night, cer

S5. That every person who shall wilfully and maliciously burn, Ib. day or either in the night time or day time, any banking-house, ware-house, tain buildstore, manufactory, mill, barn, stable, shop, office, out-house or other ings. building whatsoever, of another, other than is mentioned in the third section, or any bridge, lock, dam or flume, shall be punished by imprisonment in the state prison not more than eight years, nor less than four years.

Burning

ber, &c.

$6. That every person who shall wilfully and maliciously burn any pile or parcel of boards, timber or other lumber, or any stack of hoards, timhay, grain, or other vegetable product, or any vegetable product severed from the soil but not stacked, or any standing grain, grass, or other standing product of the soil, shall be punished by imprisonment in the county jail not more than two years, nor less than six months.

Married wo

$7. That the preceding sections shall severally extend to a married woman who may commit either of the offences therein described, men liable. though the property burnt or set fire to may belong partly or wholly to her husband.

injure insu

rers.

S8. That every person who shall wilfully burn any building or Burning any goods, wares, merchandise or other chattels, which shall be at property to the time insured against loss or damage by fire, with intent to injure the insurer, whether such person be the owner of the property burnt or not, shall be punished by imprisonment in the state prison not more than ten years, nor less than three years.

assault.

$9. That every person who shall break and enter any dwelling- Burglary. house in the night time, with intent to commit the crime of murder, being armed rape, robbery, larceny or any other felony, or after having entered or making with such intent shall break any such dwelling-house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking or entering, or so arming himself in such house, or making an actual assault on any person lawfully therein, shall be punished by impri

Burglary,

not being

assaulting.

sonment in the state prison not more than twelve years, nor less than four years.

S10. That every person who shall break and enter any dwellingarined nor house in the night time with such intent as is mentioned in the next preceding section, or who having entered with such intent, shall break such dwelling-house in the night time, the offender not being armed nor arming himself in such house with a dangerous weapon, nor making an assault upon any person then being lawfully therein, shall be punished by imprisonment in the state prison not more than five years, nor less than two years.

Breaking in office, &c. at night.

Entering house, &c. at

&c.

$11. That every person who shall break and enter in the night time any office, shop or ware-house not adjoining to or occupied with a dwelling-house, or any ship, steam-boat or vessel, within the body of any county, with intent to commit the crime of murder, rape, robbery, larceny or any other felony, he shall be punished by imprisonment in the state prison not more than three years, nor less than one year.

S12. That every person who shall enter in the night time without night with breaking, or shall break and enter in the day time, any dwellingout breaking house or any out-house thereto adjoining and occupied therewith, or any office, shop or ware-house, or any ship, steam-boat or vessel, within the body of any county, with intent to commit the crime of murder, rape or robbery, larceny or other felony, shall be punished by imprisonment in the county jail not more than two years, nor less than six months.

Larceny in dwelling

S13. That every person who shall commit the crime of larceny house, &c. in any dwelling-house, office, shop, bank or ware-house, ship, steamboat or vessel, or shall break and enter in the night time or day time any meeting-house, church, court-house, town-house, college, academy or other building erected for public use, and steal therein, shall be punished by imprisonment in the state prison not more than three years nor less than one year, or by imprisonment in the county jail not more than one year nor less than three months, or by fine not exceeding five hundred dollars.

Stealing from a person.

Simple larceny ex

in value.

$ 14. That every person who shall commit the offence of larceny by stealing from the person of another, shall be punished by imprisonment in the state prison not more than four years nor less than two years, or by imprisonment in the county jail not more than two years nor less than three months, or by fine not exceeding five hundred dollars.

$15. That every person who shall commit the crime of larceny ceeding $100 by stealing of the property of another, any money, goods or chattels, or any bank note, bond, promissory note, bill of exchange or other bill, order or certificate, or any book of accounts for or concerning money or goods due or to become due, or to be delivered, or any deed or writing containing a conveyance of land or any other valuable contract in force, or any receipt, release or defeasance, or any writ, process or public record, if the property stolen shall exceed the value of one hundred dollars, shall be punished by imprisonment in the Ib. less than state prison not more than three years nor less than one year; and if the property stolen shall not exceed the value of one hundred dollars, he shall be punished by imprisonment in the county jail not more than

$100.