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Council to be assigned them

5. Oaths of two witnesses necessary in case of mispris-

ion of treason, unless defendant confess in Court

6. Accused to have copy of panel of Jurors two days

before trial; and compulsory process for their wit-

7. No person to be indicted after three years from

committing treason

CHAP. II.

An Act providing for the punishment of the crimes of Murder,

Manslaughter, felonious Maims and Assaults,and Duelling,

and for the prevention thereof

SEC. 1. Punishment of murder, or being accessary, before
the fact

ib.

Court may direct body of the convict to be dissected ib.

2. Punishment of accessariester the fact

of Manslaughter

for maiming, or being accessary

for assault, with intent to commit murder, or

being accessary thereto

for assault with intent to maim, &c. and being

7.

for engaging in a duel, giving a challenge, act-
ing as second, or abettor

ib.

for accepting a challenge

for concealing pregnancy and being delivered

secretly of a bastard child

for endeavouring to conceal death of such child

11. Proceedings on trial of woman charged with murder

of her bastard child, concealment of birth, &c.

An Act providing for the punishment of Rape and for the

vention thereof

SEC. 1. Punishment of principal and accessary before the fact ib.

of accessaries after the fact

3.

of assault with intent to commit rape on woman
or child of ten years age and upwards

An Act providing for the punishment of Incendiaries, and the

perpetrators of other malicious mischief

SEC. 1. Punishment for burning dwelling houses in night time

ib.

SEC. 2. Punishment for burning dwelling houses in day time ib.

for burning public buildings, stores, barns, &c.

in night time, or being accessary before fact

for burning such buildings in day time

for burning corn, hay, fences, lumber, &c.

killing, wounding or disfiguring cattle, horses

of accessaries after the fact

for wilfully setting fire to woods, without leave,

offenders liable also in damages

Parents or masters of minors offending, liable for

penalty in certain cases

7. Punishment for cruelly beating horses or cattle

CHAP. V.

An Act against Sodomy and Bestiality

Crime and punishment of sodomy and bestiality

An Act providing for the punishment of the crimes of Burglary

and other breaking and entering of buildings

SEC. 1. Punishment of burglary, the offender being armed

with a dangerous weapon, or making an actual

assault; and of being accessary before the fact ib.

of the offence when the offender is not so arm-

ed, and commits no assault on those within the

of accessaries before the fact

of accessaries after the fact

of offenders entering dwelling or other houses

by night, without breaking, or in day time by

breaking house, &c. with intent to commit felo-

of accessaries thereto before the fact

An Act providing for the punishment of the crimes of Robbery

and other Larcenies, and for the prevention thereof

SEC. 1. Supreme Judicial Courts to have exclusive jurisdic-

tion of larcenies above 100 dollars

S. J. Court and C. C. Common Pleas to have con-

current jurisdiction of larcenies not exceeding 100

Justices of the Peace to have concurrent jurisdiction

of larcenies not exceeding five dollars

ib.

Mode of punishment before Justice of Peace

SEC. 2. Punishment of simple larceny

5.

6.

of accessary before the fact

on second conviction of principal or accessary

for breaking and entering shop, warehouse or

office, &c. in night time and committing larceny 65

for entering dwelling house, &c. in night, with-
out breaking, or in day time breaking and en-
tering

for committing larceny in dwelling house, shop,
office, &c. in day time, or breaking and entering
by night, a church or other public building, or
store, barn, &c.

ib.

ib.

for robbery, when the offender is not armed

with a dangerous weapon, nor intends to kill, &c. 66

for robbery, when armed with a dangerous wea-

pon, intent to kill, &c.

for assault with intent to rob-offender being

armed with dangerous weapon

of any other larceny from the person

of assault with violence or dangerous weapon,

with intent to steal

12.

of accessaries to robbery or larceny after the
fact

ib.

13. Accessary to such felony may be prosecuted for
misdemeanor, though principal be not convicted
or prosecuted

14. Punishment on second conviction as receiver of stol-
en goods, or on three distinct convictions of like
offences at same term

15. Case in which Court may exempt convict from pun-
ishment by hard labour

16. Court may allow compensation to prosecutor for

time and trouble, which shall be charged to the

17. Sheriff when he arrests a person accused, to seize

goods, money, &c. found upon him, and annex

inventory thereof to his return

Sheriff accountable for such goods, &c. which, on

conviction, are to be delivered to the owner

68

ib.

69

18. Convicts, sentenced to hard labour, to pay for value

of goods stolen, out of their earnings

Courts may in certain cases empower owner of

goods stolen to dispose of convict, in service, pro-

19. Persons charged with larceny, &c. to recognize in
a sum double the value of the goods stolen, be-
sides the sum required to secure their appearance 71

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