Act of November 18, 1789, ch. 15, 13 Stat. Larg. 22. R. C. ch. 153. of the district in which such offence shall have been committed, shall have and suffer such correction and punishment, by imprisonment of his body, without bail or mainprize, for any space, not exceeding one year, and setting upon the pillory, as shall be unto him or them limited, adjudged or appointed by the said court. C. 15, 13 Stat. Larg. 22; 33 Hen. 8, c. 1, § 2, 4. See 30 Geo. 2, c. 24; 52 Geo. 3, c. 64. 57. 3. Saving to the party grieved by deceit, such remedy by way of action or otherwise, of and for the same money, goods and chattels so obtained, as he might have had if this act had never been made, any thing in the same contained to the contrary, in any wise, notwithstanding. Act of March 8, 1819-January 1, 1820. R. C. ch. 148. 58. § 1. If any person, either by the subornation, unlawful procurement, or sinister persuasion of another, or by his own voluntary act, consent or agreement, shall wilfully, corruptly and falsely swear, or in solemn manner affirm, to any material matter, before any court within this commonwealth, or before any justice of the peace, or before any commissioner or commissioners appointed to take any deposition or depositions, or before any person or persons whatsoever, authorized by law to administer an oath; and at the time when such false oath or affirmation is taken, the court or justice, or commissioner or commissioners, or other person or persons, before whom it is taken, be acting under the authority of law, upon the subject matter to which such false oath or affirmation relates, (2) such person so offending shall be deemed guilty of perjury; and on being thereof duly convicted, (3) shall be amerced at the discretion of a jury, not exceeding one thousand dollars; shall suffer imprisonment, without bail or mainprize, for the space of twelve months; 'shall forfeit any office of honour, profit or trust, which he may then hold, under the laws of the commonwealth; and shall be forever afterwards incapable of holding any other office of honour, profit or trust, under the laws aforesaid, or serving as a juror, or of giving evidence as a witness in any case whatsoever.' 1789, c. 26, 13 Stat. Larg. 34; 1792, c. 48, R. C.; 5 Eliz. c. 9. See tit. CRIM. PROC. AGAINST SLAVES, No. 23. 59. 2. If any person shall unlawfully and corruptly suborn or procure any witness or other person, by letters, rewards, promises, or by any other sinister means, to commit any perjury whatsoever, such person so offending, shall be deemed guilty of subornation of perjury, and being thereof duly convicted, shall be in like manner amerced, and shall suffer the same pains, penalties, forfeitures and disabilities, as if he had been convicted of perjury. Ibid. (2) In an indictment for perjury, in taking a false oath before a regimental court of enquiry, the indictment ought to set forth, of what number of officers the said court of enquiry consisted, and their respective rank, so as to enable the court to discern whether the said court of enquiry was constituted according to law. In such case the indictment ought to aver and set forth distinctly and directly what was the enquiry then and there making by the said court, so as to enable the court of law to know whether the matter deposed by the defendant was material or pertinent to the said enquiry. Conner v. The Com., gen. ct. November T. 1815, 2 Virg. Cas. 30. (3) The falsity of the oath assigned as perjury must be verified by more than the oath of a single witness; but it is not neces- Act of March 8, 1819-January 1, 1820. R. C. ch. 148. 60. 3. If any juror, upon any inquest whatsoever, shall voluntarily and corruptly' take any thing by himself or by another, to give his verdict, and shall be thereof duly convicted, such juror shall be amerced at the discretion of a jury, not less, however, than ten times the value of the thing taken; 'shall be imprisoned without bail or mainprize, for the space of six months; and shall, moreover, be subject to the same forfeitures of office, and the same disabilities, as if he had been convicted of perjury.' Ibid. 61. 4. Every embracer, (1) who shall procure any juror to take gain or profit, and shall be thereof duly convicted, shall be amerced at the discretion of a jury, not less than ten times the value of the thing so taken; shall be imprisoned without bail or mainprize, for the space of twelve months; and shall, moreover, be subject to the same forfeitures of office, and the same disabilities, as if he had been convicted of perjury. Ibid. and 5 Ed. 3, c. 10; 34 Ed. 3, c. 8; 38 Ed. 3, & 12. Act of October 19, 1792. R. C. ch. 146. 62. § 1. No treasurer, keeper of any public seal, councillor of state, counsel for the commonwealth, judge, clerk of the peace, sheriff, coroner, escheator, nor any other officer of the commonwealth, shall, in time to come, take in any form any manner of brokerage or reward for doing his office, other than is or shall be allowed by law. And he that doth shall pay unto the party grieved the treble value of that he hath received, shall be amerced and imprisoned at the discretion of a jury, and shall be discharged from his office forever. he who will sue in the said matter shall have suit as well for the commonwealth as for himself, and the third part of the amercement. 1786, c. 52, 12 Stat. Larg. 335; 1788, c. 83; 1794, c. 59, R. C.; West. 3, Ed. 1, c. 26, &c. See tit. FEES, No. 18, 28. Act of December 8, 1792. R. C. ch. 144. And 63. § 1. Champertors be they that move pleas and suits, and cause them to be moved by their own procurement or by others, and sue them at their own proper costs and charges, to have a part of the land in variance, or part of the gains;(u) and those who are convicted thereof by the verdict of a jury, shall be punished by imprisonment and amercement, at the discretion of the jury before whom they shall have been found guilty; and such amercement and imprisonment shall be ascertained at the time of such conviction. R. C. c. 97; 33 Ed. 1, st. 2 and 3.(a) Act of November 27, 1786. R. C. ch. 143. 64. § 1. Conspirators be they who do confederate and bind themselves by oath, covenant or other alliance, that every of them shall aid and bear the (1) See Sup. R. C. c. 106, § 25, p. 143144, Ses. Acts 1830-31, c. 7, § 25. See Gibbs v. Dewey, 5 Cowen, 503. Embracery is an attempt by either party, or a stranger, to corrupt or influence a jury, or to incline them to favour one side by gifts or promises, threats or persuasions, or by instructing them in the cause, or any other way, except by opening and enforcing the evidence by counsel at the trial, whether the jurors give a verdict or not, and whether the verdict be true or false. Any attempt by a witness to influence a jury in any other way, than by the open delivery of his testimony, is improper; and in judgment of law corrupt. Ib. (u) See Wood v. Downes, 18 Ves. junr. 125, and authorities cited; Arden et al. v. Patterson, et al. 5 Johns. Ch. R. 44; Thallimer v. Binkerhoof, 20 Johns. R. 386, 3 Cowen, 623, S. C. (in error) in which the subject is fully considered. (a) See the law in relation to Champerty, Maintenance, &c., fully considered in Thallimer v. Binkerhoof, (in error,) 3 Cowen, 623, 643; Stanley v. Jones, 7 Bing. 369; Hartley v. Russell, 2 Sim. & Stu. 244; Harrington & Milligan v. Long, 2 Mylne & Keene, 590. Act of November 27, 1786. R. C. ch. 143. other falsely and maliciously, to move or cause to be moved any indictment or information against another on the part of the commonwealth; (v) and those who are convicted thereof at the suit of the commonwealth, shall be punished by imprisonment and amercement, at the discretion of a jury. Oct. 1786, c. 50, 12 Stat. Larg. 334; 33 Ed. 1, st. 2; 7 Hen. 5. Act of February 14, 1823, ch. 34. 65. 1. Any person who shall knowingly and wilfully, without lawful authority, (b) cut down any tree growing on the land of another, or destroy or injure any such tree, or any building, fence or other improvement, or the soil or growing crop on the land of another; or shall knowingly and wilfully, without lawful authority, but not feloniously, take and carry away, or destroy or injure any tree already cut, or any other timber, or property (a) real or personal, belonging to another, or any court-house, church, meeting-house, or other house used for public worship, or the grounds, enclosures, woods, or other appurtenances belonging or attached thereunto; or any public building, public grounds or improvements, or their appurtenances, or any property whatsoever, real or personal, belonging to the public, or employed for public uses, or belonging to any county, parish or town, or employed for the use of any county, parish or town, or belonging to any court-house, church, meetinghouse, or other house of public worship, or employed for the use of any of them, shall be deemed guilty of a misdemeanour, and may be prosecuted and punished as in other cases of misdemeanour, at the common law; and shall moreover be bound to his good behaviour, by the court in which he shall be convicted, for such time, and in such penalties, as the said court may direct: Provided however, That nothing herein contained, shall be construed to repeal any act or part of an act, of the general assembly, made for the purpose of prescribing specific punishments, for any particular misdemeanour. 66. § 2. If any slave shall be convicted of any of the offences in this act, he or she so offending, shall be punished by stripes at the discretion of the court, or of a magistrate of the county. Act of March 6, 1838, ch. 9, p. 22. 661. § 1. If any person shall wilfully or maliciously, and without lawful authority, cut down any tree marked as a line tree to designate the dividing line (v) See on this subject, Chitty's Crim. Law, 3 vol. c. 18; Journeyman Cordwainer's trial, of N. Y. Rep. by Mr. Sampson, p. 168, and the opinion of Gibson, J. in The Com. et al v. Carlisle, (hab. corp.) Feb. 1821, Journ. of Jurisprudence, 1 vol. 225, 230; and Lambert v. The People, 9 Cowen, 578, 625; The case Trequier et al. Journeymen Hatters, 1 Wheeler's Cr. Law, 142; Dryden Dudd et al. 2 Mas. R. 329, op. ct. by J. Parsons; The People v. Mather, 4 Wend. 229, 266. For the essentials of a declaration in case, for a conspiracy, see Kirtley v. Deck, 2 Munf. 10, and the authorities there cited. (b) An indictment on this act, must allege that the property taken away by the defendant, belonged to another person; and that the taking was " knowingly and wilfully, without lawful authority," in the terms of the stat. Israel's case, 4 Leigh, 675; Percavil's case, 4 Leigh, 686. (a) Dogs not property, within the meaning of this act. By the common law, the property in dogs and other inferior animals, is not such as that a larceny can be committed by stealing them, tho' the possessor, has a base property in them, and may maintain a civil action for injury done to them, &c. Henry Maclin's case, gen'l court, 9th July 1831; opn. of court delivered by judge Leigh, 3 Leigh, 809. Judges Smith, Upshur, W. Brown, Summers, Field, Lomax and Scott, dissented. The provisions of this statute are not confined to property ejusdem generis, with that therein specially enumerated. Injuries to living domestic animals, of which larceny may be committed, (ex. gr. hogs,) are within the provisions of this law. Edward Percavil's case, gen'l court, July T. 1834, 4 Leigh, 686; see M'Coy v. Her bert, 9 Leigh, 548. Sanes as property) are within the act-Weigh 631. Comth & Howard. Act of March 6, 1838, ch. 9, p. 22. or corner between different tracts or parcels of land, knowing the same to be Act of February 21-August 1, 1823, ch. 32.(1) Repealed Lack of 11828.0.125.p241 67. § 1. Henceforth, when any person shall be convicted of any crime or offence now punishable by imprisonment in the public jail and penitentiaryhouse, for any period not exceeding two years, (2) such person shall, instead of the punishment now prescribed by law, undergo imprisonment in the jail of the county or corporation, where such conviction shall take place, for a period not more than six months, nor less than one month, at the discretion of the court, and be there kept on low and coarse diet as prescribed by law for convicts in the penitentiary; and shall moreover be punished with stripes, at the discretion of the court, to be inflicted at one time, or at different times during such confinement, as such court may direct: Provided, The same do not exceed thirty-nine at any one time.(3) 68. § 2. All trials for offences punishable by imprisonment in the common ce jail and with stripes by the provisions of this act shall be in the superior courts, any law to the contrary notwithstanding: And in cases of conviction * 'Tis presumed this act was enacted because of the decision of the general court, June T. 1837. Seymour Powell's case, "for committing a trespass on the land of J. H. by cutting down and carrying off without lawful authority, a line tree between the said J. H. and S. Powell ag'st the act of ass'y:" Held, not an offence punishable by any law in force in Virginia. 8 Leigh, 719. (1) See this act amended by act Feb'y 18, 1825, c. 45, Ses. Acts, 1824-5, p. 37. § 1. If any free negro or mulatto, after the 1st day of March next, shall feloniously take, steal and carry away any goods or chattels, under the value of 10 dollars, or any other thing under the value of 10 dollars, the stealing whereof is made felony by law, he or she so offending, shall be deemed guilty of petit larceny, and shall in all respects, be subject to the same proceeding, trial, conviction, sentence and punishment, as are now prescribed by law, for free persons guilty of petit larceny; and, if after the said 1st day of March, any free negro or mulatto, shall feloniously take, steal and carry away any goods or chattels to the value of 10 dollars or upwards, or any other thing to the value of 10 dollars or upwards, the stealing whereof is made felony by law, he or she so of fending, shall be deemed guilty of grand larceny, and, being thereof duly convicted, shall be punished by stripes, sale, transportation and banishment, in the manner prescribed by 3 [of this act, (1823.)] § 2. If any person banished from this com. under the provisions of this act, or of the act 1823, shall after such banishment, and after the 1st day of April next, volun- § 3. See act Mar. 15, 1832, c. 22, Ses. (2) If any person shall hereafter commit any offence for which he or she may now be punished by confinement in the p. jail and p. for any term less than two years, every such person shall, for every such offence, being thereof convicted, be confined in the said j. and p. for a term not less than two years, and not more than the number of years now prescribed by law, as the longest period of confinement for the commission of such offence,-prov. offences committed heretofore, to be punished by existing laws. Act 9 Mar. 1826, c. 11, p. 10, Ses. Acts, 1825-6. This of this act, (Feb. 1823,) does not (3) The second proviso of this section See act of April 8, 1831, declaring that -2 Act of February 21-August 1, 1823, ch. 32. under this act, of persons to be punished with stripes or by imprisonment in any county or corporation jail, such judgment for restitution, or for the payment of the value of property stolen, and such other proceedings shall be rendered and had, as have heretofore been usual in similar cases. 69. § 3. Henceforth, when any free negro or mulatto shall be convicted of an offence, now by law punishable by imprisonment in the jail and penitentiary-house for more(1) than two years, such person instead of the confinement now probed by law, shall be punished with stripes, at the discrerod of the ry, shall moreover be adjudged to be sold as a slave, and transported and banished, beyond the limits of the United States, in the manner prescribed by law for the sale and transportation of slaves, under the sentence of death. 70. 4. The costs and charges attending the arrest, confinement, trial and punishment of offenders under this act, shall be adjusted, certified and paid in the same manner as costs and charges of a similar nature are now, by law, directed to be adjusted, certified and paid. Act of December 13, 1794. R. C. ch. 165. 71. 2. None from henceforth, who, being in actual jail, breaketh prison, shall have judgment of life or member for breaking of prison only, except the cause for which he was taken and imprisoned, did require such judgment, if he had been convict thereupon, according to the law of the land. Mar. 1661-2, act 42, 2 Stat. Larg. 76; Nov. 1647. Act of March 11, 1839, ch. 76, p. 47. 711. § 1. If any owner or keeper of any ferry or bridge across any river or water course separating this state from any other state, shall knowingly and wilfully allow any slave to cross the said rivers or water courses, at any ferry or bridge, without permission in writing, attested by a justice of the peace, or the clerk of the county or corporation in which the owner of the slave may reside, signed by such owner, his or her overseer or agent, or without his or her direction in person, the owner or keeper of such ferry or bridge shall, on conviction thereof in any court having jurisdiction thereof, be deemed guilty of felony, and shall undergo a confinement in the public jail and penitentiary for a term of not less than two nor more than five years, at the discretion of a jury; and he shall, moreover, be liable to the action of the party aggrieved for all damages which he may sustain thereby. the court of the county or corporation in See also act of February 12, 1828, which confinement, &c. for life, &c. Ses. Acts, 1827-8, c. 37, § 1, 2, 3, 4, p. 29; Sup. R. C p. 242. (1) This section does embrace the case of grand larceny when committed by free negroes and mulattoes-grand larceny being formerly punishable by imprisonment for a period not less than one, nor more than three years. Under this law, a free person of colour may be condemned to be sold as a slave, and transported and banished beyond the limits of the commonwealth, Aldridge v. The Com. This law is not contrary to the constitution of the state. Ibid. 2 Virg. Cas. 447. |