der body of con omized: omized. Court may or- tion shall be in cases of murder committed in a duel shall, vict to be dis- and in other cases may, at their discretion, further sentence sected and anat- and order the body of such convict to be dissected and anatAnd in case of further sentence, it shall be the duty of the Sheriff to deliver the body of the convict, being Sheriff may de. dead, to a professor of anatomy and surgery in some public liver the dead college or seminary, when it shall be required in his behalf, that purpose. and otherwise to any surgeon or surgeons, who shall be attending at the place of execution, to receive the body, and will engage for the dissection and anatomizing thereof. body over for Punishment of the crime after the fact. SEC. 2. Be it further enacted, That if any person, after a accessaries to wilful murder done and committed as aforesaid, shall be accessary thereto, by knowingly receiving, harboring, comforting, concealing, maintaining, or otherwise unlawfully assisting any principal offender, or accessary therein before the fact; every such accessary after the fact, who shall be thereof duly convicted in the Supreme Judicial Court, shall be punished by solitary imprisonment for such term, not exceeding six months, and by confinement afterwards to hard labor, for such term, not exceeding ten years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence. Punishment of SEC. 3. Be it further enacted, That if any person shall manslaughter. commit the crime of manslaughter, and shall be thereof duly convicted, every such offender shall be punished by solitary imprisonment, for such term not exceeding six months, and by confinement afterwards to hard labor, for such term, not exceeding ten years, as the Court before whom the conviction may be, shall sentence and order; or by fine not excceding one thousand dollars, and imprisonment in the common gaol, for a term not exceeding three years, at the dis cretion of the Court, before whom the conviction may be. Dunishment being accessary SEC. 4. Be it further enacted, That if any person, with formaiming or set purpose and aforethought malice, or intention to maim or thereto. disfigure, shall unlawfully cut out or disable the tongue, put out an eye, cut off an ear, slit the nose, or cut off the nose or lip, or cut off or disable a limb, or member of any person, every such offender, and every person privy to the intent aforesaid, who shall be present, aiding and abetting in the commission of such offence, or not being present, shall bave counselled, hired or procured the same to be done, upon due conviction thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for such term, not exceeding one year, and by confinement to hard labor, or by imprisonment in the common gaol for such term, not exceeding ten years, commencing from the expiration of such solitary imprisonment, as the Justices of the said Court before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence. for assault commit mur thereto SEC. 5. Be it further enacted, That if any person being Punishment armed with a dangerous weapon, and with intent to commit with intent to murder, shall assault another, every such offender, and every der, and being person present aiding and abetting, or who shall be accessary accessary before the fact, to the commission of the offence aforesaid, by counselling, hiring, or procuring the same to be done and committed, and who shall be thereof duly convicted, shall be punished by solitary imprisonment for such term, not exceeding one year, and by confinement afterwards to hard labor, for such term, not exceeding twenty years, as the Court before whom the conviction may be shall sentence and order. Punishment &c. and being thereto. SEC. 6. Be it further enacted, That if any person with a dangerous weapon and with an intention to maim or disfigure for assault with in any of the modes, mentioned in the fouth section of this intent to maim, Act, shall assault another; or shall be present, aiding or abet-accessary ting therein, or not being present, shall have counselled, hired or procured the same to be done, every such offender, who shall be thereof duly convicted, in the Supreme Judicial Court, shall be deemed a felonious assaulter, and shall be punished by solitary imprisonment, for such term, not exceeding six months, and by confinement afterwards to hard labor, or by imprisonment in the common gaol, for such term not exceeding four years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence. for engaging in acting as SEC. 7. Be it further enacted, That if any person shall vol- Punishment untarily engage in a duel, with rapier, or small sword, back a duel, giving sword, pistol, or other dangerous weapon, to the hazard of a challenge or life, when no homicide shall ensue thereon; and if any person shall, by word, message, or in any other manner, challenge another to fight in a duel, as aforesaid, when no duel shall be fought thereon, every such offender, and every person, who shall be knowingly a second, agent or abettor in such duel or challenge, upon due conviction of either of the said offences in the Supreme Judicial Court, shall be punished as a felonious assaulter; and for his further punishment, shall be shall be dis disqualified from holding, and incapable of any office or place holding any of of honor, profit or trust under this State, during the term of twenty years from and after such conviction. On conviction qualified from fice for twenty years. for accepting SEC. 8. Be it further enacted, That if any person shall accept a challenge to a duel, and shall consent to fight thercon Punishment as aforesaid, when no duel shall thereupon ensue, every such a challer g offender, and every person who shall knowingly be a second, agent or abettor in such acceptance of a challenge, upon due conviction thereof in the Supreme Judicial Court, shall be punished by imprisonment in the common gaol, not exceeding one year, and shall be disqualified from holding, and disqualified incapable of any office or place of honor, profit or trust un-office for five der this State, during the term of five years from and after years. such conviction. On conviction for holding any Punishment for concealing pregnancy, or of a bastard. being delivered Punishment for endeavor the death of ing to conceal such ebild. If women be indicted for both or either offences in game indict SEC. 9. Be it further enacted, That if any woman shall conceal her pregnancy, and shall willingly be delivered in secret by herself, of any issue of her body, male or female which shall by law be a bastard, every such woman so offending, shall pay a fine not exceeding the sum of one hundred dollars, to the use of the State; to be recovered by information or indictment in any Court proper to try the said offence, or imprisoned, not exceeding three months, at the discretion of the Court. SEC. 10. Be it further enacted, That if any woman shall endeavor privately, either by herself or the procurement of others, to conceal the death of any such issue of her body, which, if it were born alive, would by law be a bastard, so that it may not come to light, whether it were born alive or not, or whether it was murdered, or not, in every such case, the mother, so offending, shall be punished by solitary imprisonment for a term not exceeding three months, and confinement to hard labor, for a term not exceeding five years, at the discretion of the Court. SEC. 11. Be it further enacted, That if the Grand Jury shall, murder of such in the same indictment, charge any woman with the wilful child and for murder of her infant bastard child, as well as with either or of the above both the offences aforesaid, and it appear to the Jury of trials that she is guilty of the murder charged, she shall be theremay acquit of upon convicted of murder, and suffer the pains of death as in convict of both case of murder; but if it doth not appear to the same Jury or either of the that she is guilty of the murder charged in the indictment, but other offences. only of either or both the offences aforesaid, then the same ment, Jury the murder & Jury may acquit her of the charge of murder, and find her guilty of the aforesaid offences or either of them, as the case may be. [Approved February 28, 1821.] rape and of ry thereto be •:0: CHAPTER III. An Act providing for the punishment of Rape, and for the prevention thereof. SEC. 1. BE it enacted by the Senate and House of Repre sentatives, in Legislature assembled, That if any man shall Punishment of ravish, and carnally know any woman, by force, and against xing access her will, or shall unlawfully and carnally know and abuse Jore the fact. any woman child under the age of ten years, every such of fender, and any person present, aiding and consenting in such rape, or accessary thereto before the fact, by counselling, procuring or commanding such rape to be committed, who shall be duly convicted in the Supreme Judicial Court, of either of the felonies and offences aforesaid, shall suffer the punishment of death. SEc. 2. Be it further enacted, That if any person, after Punishment of any accessaries af rape committed as aforesaid, shall knowingly harbor, con- ter the fact. ceal, maintain or assist any principal offender therein, or any accessary thereto, before the fact, and shall be thereof duly convicted in the Supreme Judicial Court, every such accessary after the fact, shall be punished by solitary confinement, for such term, not exceeding three months, and by confinement to hard labor, for such term thereafter commencing, not exceeding ten years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence. intent to com of ten or more SEC. 3. Be it further enacted, That if any man, with intent Punishment of to commit a rape as aforesaid, shall make an assault upon a assault, with woman or female child of the age of ten years and upwards, mit a rape on every such offender, and any person who shall consent, aid woman or child or assist therein, and shall be thereof duly convicted in the years old. Supreme Judicial Court, shall be adjudged guilty of a felonious assault, and shall be punished by solitary imprisonment, for such term, not exceeding three months, and by confinement afterwards to hard labor, for such term, not exceeding ten years, or by a fine not exceeding five hundred dollars, and by imprisonment in the common gaol for such term, not exceeding one year, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence. Punishment for an assault with such intent on a female child under ten years SEC. 4. Be it further enacted, That when any person shall be convicted in the Supreme Judicial Court of having made an assault on any female child under the age of ten years, with an intent to commit a rape, he shall be punished by sol- und itary imprisonment, not exceeding four months, and afterwards by confinement to hard labor for any term of years, or for life, according to the circumstances and aggravation of the offence, as the Court in their discretion may think proper. [Approved February 28, 1821.] :0: CHAPTER IV. An Act providing for the punishment of Incendiaries, and the perpetrators of other malicious mischief.. SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person shall wil- Burning dwellfully and maliciously set fire to the dwelling house of anoth- night time." er, or to any out building, adjoining to such dwelling house, or to any other building, and by the kindling of such fire or by the burning of such other building, such dwelling house shall be burnt in the night time, every such offender, and any person present, aiding, abetting or consenting, in the commission of such offence, or accessary thereto, before the fact, by punishable with death. Punishment for burting &c. in day time. Punishment for burning public build barns, &e. in night time; counselling, hiring or procuring the same to be done, who shall be duly convicted before the Supreme Judicial Court of either of the felonies and offences aforesaid, shall suffer the punishment of death. SEC. 2. Be it further enacted, That if any person shall wildwelling-house, fully and maliciously burn, in the day time, the dwelling house of another, or any out building adjoining to such dwelling house, or any other building, whereby such dwelling house shall be burnt; or if any person shall wilfully and maliciously set fire to any meeting house, church, court house, town house, college, academy, or other building erected for ings or stores, public uses, or to the store, barn or stable of another within the curtilage of any dwelling house, and by the kindling of such fire, such meeting house, or other building, erected for public uses, or such store, barn or stable, shall be burnt in the night time, every such offender, and any person present, aiding, abetting or consenting in the commission of such of fence, or accessary thereto before the fact, by counselling, hiring or procuring the same to be done, who shall be duly convicted before the Supreme Judicial Court of either of the or being acces felonies and offences aforesaid, shall be punished by solitary before the fact, imprisonment for such term, not exceeding one year, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, and by confinement afterwards to hard labor for life. sary thereto --for burning tu day time. SEC. 3. Be it further enacted, That if any person shall wilfully and maliciously burn, in the day time, any meeting house or other building erected for public uses, or any store, barn or stable of another, within the curtilage of any dwelauch buildings ling house or if any person shall wilfully and maliciously burn, by night or day, any other store, barn, stable, house or building whatsoever, or any ship or vessel lying in the body of any county; every such offender, and any person aiding or consenting in the commission of such offence, who shall be duly convicted thereof before the Supreme Judicial Court, shall be punished by solitary imprisonment, for such term, not exceeding one year, and by confinement afterwards to hard labor for such term, not exceeding ten years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence. for burning earn, hay, fenc SEC. 4. Be it further enacted, That if any person shall es, lumber, &c. wilfully and maliciously burn any stack of corn, hay, grain, straw, cornstalks, flax, fences, piles of wood, boards, or other lumber; or any soil, grass, trees, poles or underwood, of another; and if any person shall wilfully and maliciously, pas-killing, sionately, cruelly or barbarously kill, wound, maim, or diswounding or figure any one or more of the horses, sheep or cattle of ansie, horses and other, every such offender, and any person aiding and consheep. senting in the commission of such offence, who shall be duly disfiguring eat |