convicted thereof before 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 three years, or by fine not exceeding five hundred dollars, and by imprisonment in the common gaol, not exceeding one year, at the discretion of the Justices of the said Court, before whom the conviction may be, and as they shall sentence and order, according to the nature and aggravation of the offence. accessaries af ter the fact. SEC. 5. Be it further enacted, That if any person, after Punishment of any felony or offence done and committed, by any incendiary in any manner as aforesaid, shall knowingly harbor, conceal, maintain, assist or relieve such offender, or any accessary before the fact, in any such felony or offence, every such accessary after the fact, who shall be duly convicted thereof, before the Supreme Judicial Court, shall be punished by solitary imprisonment, for a term not exceeding one month, and by confinement afterwards to hard labor for a term not exceeding five years; or by a fine not exceeding one thousand dollars, and by imprisonment in the common gaol, not exceeding one year, at the discretion of the Justices of the said Court, before whom the conviction may be, and as they shall sentence and order thereupon, according to the nature and aggravation of the offence. for wilfully set woods without SEC. 6. Be it further enacted, That if any person or persons shall wittingly and willingly set fire to any woods or Punishment lands, lying in common, or to woodland, or other land held ting fire to in severalty and not his own, within this State, without leave leave. first had and obtained from the owners of the land or those who have a right to give the same leave, excepting in cases in which it may become necessary to make back fires to stop the progress or subdue any fire that may be spreading, the person so offending shall forfeit and pay for each offence, ten dollars, one moiety thereof to the use of the State, and the other moiety thereof to the use of him or them that shall inform and sue for the same; and shall be liable, in a special Liable in damaction on the case, to pay damages to all persons injured by such fire, including the injury which may be done by any necessary back fire made for the purpose aforesaid. And in case any person under age shall offend against this section, such penalty shall be recovered of the parent or master re- Parents or spectively, of such person under age, unless it shall appear rors offending such person under age was employed or directed by some ty in certain person, other than the parent or master; in which case the case. person so employing or directing shall be liable therefor; and the fines in this section mentioned may be recovered in an action of debt, with costs of suit. ages also. nasters of mi liable for pers Punishment SEC. 7. Be it further enacted, That if any person shall cruelly beat any horse or cattle, and be thereof convicted, for cully before a Justice of the Peace, he shall be punished by fine or atle beating horses my. not less than two dollars nor more than five dollars, or by ·:0: CHAPTER V. An Act against Sodomy and Bestiality. BE it enacted by the Senate and House of Repre sentatives, in Legislature assembled, That if any man shall comCrime of Sodo mit the crime against nature with a man or male child, or any man or woman shall have carnal copulation with a beast, every such offender, being duly convicted thereof in the SuJudicial Court, shall be punished by solitary imprisonpreme ment, 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 said Court, before whom the conviction may be, shall sentence and order. Punishment. Punishment of the crime of Burglary, the armed with a dangerous [Approved February 19, 1821.] :0: CHAPTER VI. An Act providing for the punishment of the Crimes of Burglary. and other breaking and entering of buildings. SEC. 1. BE it enacted by the Senate and House of Representoffender being atives, in Legislature assembled, That if any person with intent to kill, rob, steal, commit a rape, or to do, or perpetrate naking an act- any other felony, shall, in the night time, break and enter, or pal assault, and having with such felonious intent, entered, shall in the night before the fact. time break a dwelling house, any person then being lawfully weapon, or being accessary Punishment of the offence when the offender is not therein, and such offender being, at the time of such breaking or entering, armed with a dangerous weapon, or arming himself or herself in such house, with a dangerous weapon, or committing an actual assault upon any person lawfully being in such house; every such offender, and any person present, aiding, assisting or consenting in such burglary, or accessary thereto before the fact, by counselling, hiring or procuring such burglary to be committed, who shall be duly convicted thereof in the Supreme Judicial Court, shall suffer the punishment of death. SEC. 2. Be it further enacted, That if any person, with intent to kill, rob, steal, commit a rape, or to do, or perpetrate any other felony, shall, in the night time, break and enter, or so armed, and having, with such felonious intent entered, shall in the night. sault on those time break a dwelling house, without being armed with a dangerous weapon, or without arming himself, or herself in such house with a dangerous weapon, and without committing commits no as in the house. fore the fact. an assault upon any person lawfully being in such house every such offender and every person present, aiding and abetting in such burglary, or accessary thereto before the fact, by counselling, hiring or procuring such burglary to be Accessaries be committed, who shall be duly convicted thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for such term, not exceeding two years, 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. ter the fact. SEC. 3. Be it further enacted, That if any person after Punishment of any burglary committed as aforesaid, shall knowingly harbor, accessaries afconceal, maintain, or assist any principal offender, or accessary thereto 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 three 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 aggravation of the offence. dwelling house tent in the without break or other build SEC. 4. Be it further enacted, That if any person, with in- Punishment tent to kill, rob, steal, commit a rape, or to do, or perpetrate when the of any other felony, shall, in the night time, enter without break-fender enters a ing, or in the day time break and enter any dwelling house, with such inor any out house thereto adjoining and occupied therewith, night time or any office, shop or warehouse, or any ship or vessel lying ing in the within the body of a County: every such offender and every day time by person present, aiding or abetting in the commission of such dwelling house offence, or who shall have counselled, hired, or procured the ing. same to be committed, being thereof duly convicted in the Accessaries be Supreme Judicial Court, shall be punished by solitary im- fore the fact. prisonment, for such term, not exceeding six months, and by confinement afterwards to hard labor for such term, not exceeding three years: or by a fine, not exceeding five hundred dollars, and imprisonment in the common gaol, not exceeding three 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. [Approved February 28, 1821.] :0: CHAPTER VII. An Act providing for the punishment of the crimes of Robbery and other larcenies, and for the prevention thereof. Court to bave SEC. 1. BE it enacted by the Senate and House of Represent- Supreme Jud. atives, in Legislature assembled, That the Supreme Judicial Court shall have exclusively the jurisdiction of all larcenies nies above 100 exclusive juris diction of larce dollars. S. J. Court & C. C. Common rent jur diction of larce bies, not ex ceeding 100 dollars. Just's, of Peace rent jurisdic where the money, goods or other article or articles stolen, shall be alleged to exceed in amount or value, the sum of one hundred dollars, the said Supreme Judicial Court and the Circuit Courts of Common Pleas, within their respective Counties, shall have concurrent jurisdiction of all larcenies, where the money, goods or other article or articles stolen, shall not be alleged to exceed in amount or value, the sum of one hundred dollars; and every Justice of the Peace, withto have coeur in his proper County, shall have concurrent jurisdiction with the said Courts, of all larcenies, where the money, goods or is not excred- other article or articles stolen, shall not be alleged to exceed in amount or value, the sum of five dollars. And any person ishment before duly convicted before a Justice of the Peace of any larceny, either as principal or as accessary before or after the fact, shall be punished by such fine, not exceeding five dollars, and imprisonment in the common gaol for such term, not exceeding twenty days, either or both, as the said Justice, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence. tion of larce ing five dollars. Mode of pun Just. of Peace. Being accessary belong the Jacl. Punishment of SEC. 2. Be it further enacted, That any person, who shall simple tarceny feloniously steal, take and carry away of the property of another, any money, goods, or chattels, or any bond, promissory note, bill of exchange, or other bill, order or certificate, or any book of accounts for or respecting any money or goods, due or becoming due and payable, or to be delivered, or any deed or writing containing a conveyance of lands or other real estate, or any other valuable contract remaining in force, or any receipt, release or defeasance, or any writ, process, or public record, shall be deemed guilty of the crime of larceny; and every such offender, and any person present, aiding and abetting in any such larceny, or accessary thereto before the fact, by counselling, hiring or otherwise procuring the same to be done, who, before any Court having jurisdiction thereof, shall be duly convicted of either of the felonies and offences aforesaid, shall be punished, when the money, goods, or other article or articles stolen, shall not exceed in amount or value the sum of one hundred dollars, by solitary imprisonment for a term not exceeding six months, and by confinement afterwards to hard labor for a term not exceeding one year, or by a fine not exceeding one hundred dollars and imprisonment in the common gaol for a term not exceeding one year. And when the money, goods or other article or articles stolen, shall exceed in amount or value, the sum of one hundred dollars, then by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labor for a term not exceeding three years, to be ordered by the Court before whom the conviction may be, according to the degree and aggravation of the offence. SEC. 3. Be it further enacted, That if any person having serando been before convicted of the crime of larceny, or as acces Punishment on principal or sary thereto before the fact, shall afterwards commit or shall viction as be alike accessary to another larceny, and shall be duly con- accessary. victed thereof, before the Supreme Judicial Court; or if any person before the Supreme Judicial Court at one and the same term thereof, shall be duly convicted as principal or as accessary before the fact, in three distinct larcenies, every such offender shall be punished as a common and notorious thief, by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labor for a term not less than three years and not exceeding fifteen years, to be ordered as aforesaid. breaking and warehouse or SEC. 4. Be it further enacted, That if any person in the Punishment for night time, shall break and enter any shop, warehouse or entering shop. office, not adjoining to, or occupied with, a dwelling house, office in night or any ship or vessel, lying within the body of a County, and time. shall there commit a larceny, every such offender, and every person present, aiding, and abetting in the commission of such felony, or accessary thereto before the fact, by counselling, hiring or procuring the same to be committed, and being thereof duly convicted before the Supreme Judicial Court, shall be punished by solitary imprisonment for such term not exceeding one year, and confinement afterwards to hard labor for such term, not exceeding fifteen 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. Punishment for dwelling house ing. or in day and entering. SEC. 5. Be it further enacted, That if any person in the entering a night time, shall enter, without breaking, or in the day time, &c. in night, shall break and enter any dwelling house, or out houses without breakthereto adjoining, and occupied therewith, or any office, shop, time breaking warehouse, ship or vessel, as aforesaid, the owner or other person being therein and put in fear, every such offender, and any person present, aiding and abetting in the commission of such felony, or accessary thereto before the fact, by counselling, hiring or otherwise procuring the same to be done, upon due conviction thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labor for a term not exceeding ten years, to be ordered as aforesaid. committing lar office. &c. in breaking and SEC. 6. Be it further enacted, That if any person shall Punishment for in the day time commit any larceny in any dwelling house, ceny in dwel office, shop, warehouse, ship or vessel, as aforesaid, or in ling house,shop the night time shall break and enter any church, meeting day time, or house, court house, town house, college or academy, or other entering in building erected for public uses, or any mill, malt-house, store, or other public barn or stable, and shall commit any larceny therein, or shall building, or be aiding and abetting in the commission of such felony, or shall be accessary thereto before the fact, by counselling, hiring or otherwise procuring the same to be done, every 1 night a church store, barn, &e. |