531

belongs to any trustee appointed for the county of Miffluii, ~y the act 179d. herein before recited. M~fil~n P,~sed3~hApril, 1700,—Recorded in Law Book No, IV. page 117. Countz.

CHAPTER MDV. An ACT to reftrm the penal laws’ of this’ state.

St CT. i. WREEEAS, by the tbirty-eighth.section of the secdñd chapter of the constitution of this state, it is declared, “ That the penal laws, as heretofore used, should be reformed by the legisla- ture as soon as may be, and punishments made in some cases less

sangu’marv and in general more proportionate to the crimes,” and - by the thirty-ninth1 section, “That to deter more effectually from the commission of crimes, by continued visible punishment of’ long duration, and to make sanguinary punishments less necessary, hOuse~ ought to be provided for punishing,‘by hard labour, those who shall be convicted of crimes not capital, wherein the criminal shall bd employed for the benefit of the public, ~r for reparation of injurie~ L~COnn~iw. done to private persons.”* And whereas the laws heretofore made two of28th for the purpose of carrying the said provisions of the constitution sopt’r,1:va~ into effect have in some degree failed of success, from the exposure of the offenders employed at hard labour to public View, and from the communication with each other not being sufficiently restrained within the places of confinement; and it is hoped that the addition of unremitted solitude to laborious employment, as far as it cal-i be effected, will contribute as much to reform as to deter: SECT. xi. fle it therefore enacted, and it is hereby enacted by tlz~ Representatives of the Freemen of the co?nmonrkealth of Fennoylva- nia in General Assembly met, and by the authority of the same, rllhat the pains and ‘penalties herein after mentioned shall be inflict’- runitiiment lncane~of ed upon the several offenders, who shall, from and after the passing of ~ob~cry this act, commit andbe legally convictedof any of the ofFences herein htir&C. cr02lary,ac ceisany5 be- after enumerated and specified, ipiieu ofthe pains and penalties which f~theott. by law have been heretofore inflicted; that is to say, every per8oi~ convictedof robbery, burglary, sodomy or buggery, or as accessary thereto before the fact, shall’ forfeit to the commonwealth all and flingular the lands and tenements, goods and chattels, whereofhe or she was seizedor possessed at the time the crime was committed, and at any time afterwards, nutil convictioil, and be sentenced’ to undergo a servitude of any tel’m or time, at the discretion of the court passing the sentence, not exceeding ten years, in the public gaol or house. of correction of the county or city, in which the offence shall have be comniitted, and be kept at such labour, and fed and cloathed in such manner, as is herein after directed: Provided always, andbe itfuriher enacted by the authority aforesaid, Sue~t innd. ern,bywhntfl0 That no personaccused of any ofthe aforesaid crimes shall be admit- to be ted to bail but by the Judges of the Supreme Court,* or some orone ~andwhere 8~Bythe of them, nor shall he or’ she be tried but in the Supreme Court, or rre~identeoL’ S32

1790. in a court of Oyer and Terminer or General Gaol Delivery, held ~ in‘and for the county wherein the offence shall havebeencommitted; t1~eCommon Pleas, by act and that peremptory challenges shall be allowed in all such cases ofllet of March, 1208, wherein they have been heretofore allowed by law :f But no attain- chat.. 2651, der hereafter shall work corruption of blood in any case, nor extend SeCt. 4.] Ofthai. to the disinherison or prejudice of any person or persons other than lenges. Of attain- the offender4 5cr. tESo is SEcT. iii. And be it further enacted by the authority aforesaid, o~thcz,etrf 225 of A ,ril, That every person convicted of horse-stealing, or as accessary there- 1794, rha 1s, to before the fact, shall restore the horse, mare or gelding, stolen, 1768, and1 see act of 4th of to the owner or .owners thereof, or shall pay ‘to him, her or them, A;rii, 1069.] ~tSee tgnelt. the full vp.lue thereof, and also pay the like value to t~mecommon- ofthu 9th articla ofthe wealth; and .z~mo,reoverundergo a servitude for any term, not ex-- tCfl~t1tU tion.~ ceeding seven years, in the discretion of the court before which the Puri,~rnent conviction shallbe, and shall be confined, kept to hard labour, fed in casc~of horse.treal- and cloathed in manner hereinafter inentioned.lI Every person sag, or as accessory convicted .of simple larceny to the value of twenty shillings and up- beforotao wards, or as ~ccessary thereto before the fact, shall restore the goods IlEsee voLt’ or chattels so stolen to the right owner or owners thereof, or shall 5~a.213, 501.] Puaithrnent pay to him, her or them, the full value thereof, or of so much there- for shnple jarceny to of as shall not be restored; and moreover shall forfeit and pay to the ,‘alise of tw~xuy~hU- ihe commonwealth the like value, of the goods and chattels stolen, iinga, or as and also undergo a servitude for any term of yeais, not exceeding ~ccesaarv b~iifr~the three, at the discretion of the, comlrt before which the conviction fict. *LSec act of of shall be,and shall be confined, kept to hard labour, fed and cloathed, Ma~eh,1000, jj~manner -hereinafter c1irected.~S ‘ ‘ ch5~.208?.] SEcT. xv. And whereas, by the ninth section of the first chapter of the constitution, it is declared “That in all prosecutions for cr1- ininal offences, a man has a right tobe heard by himself and his coun- sel, to demand the cause-, and nature of his accusation, to be con- fronted with the witnesses, to call for evidence in his favour, and a speedy public trial by an impartial jury of th~county, without the ¶tconstitu- unanimous con~entof which jury he cannot be found guilty.”~J tiOn 06 88th ofsopeem. Since which declaration, it is not proper that ~persons accused of 5cr, 1716.~ ‘small or petty larcenies should be tried and convicted’ before two

- Magistrates or Justices of the peace without the intervention of a Repeal ofthe jury; Be it therefore enacted by the authority aforesaid, risilat the act for the act of Assembly, entitle,d “An Act for the trial and punishment of trial cof lar- ceny under larceny under five shillings,” be, and the same is hereby repealed; $ivoshiliings. and that if •any person or persons shall hereafter feloniously steal,

i~arcenyen- take and carry away any goods or chattels, under the value ol twen- 5cr twenty t~rshillings, the same oi-derand course of trial shall be had and oh- ~hi1lingito be ttied~s served as for other simplelarcenies, arid he she or they, being there- other simple larcen1e~. of legally convicted, shall be deemed guilty of petty larceny, and Bow punish. shall restore the goods and chattels so stolen, or pay the full value thereof, to the owner or owners thereof, and also forfeit and pay the like value to the commonwealth, and be further sentenced to under- go a servitude for a ~erm not exceeding one year, in the cjiscretion of the court before which such conviction shall be, and be confined, kcpt to hardlabour, cloathedand fed, in manner as hereinafter direct- 53S ed: And every person convicted of bigamy, or of being an acc~s- sai~yafter the fact in any felony,* or of receh~ing- stolen. goods, •.~i knowing them to have been stolen, or of any otl~eroffence not capi- Punishment in cases of tal, for which, by the laws in forç~before the ~t,-f entitled “An bigamy; be. Act to amend the penal laws of this state,” burning in the hand after~ the fact cutting ‘off the, ears, nailing the,ear or cars to the pillory, placing in anyfelo- ny; receiv. in and upon the pillory, whipping, or- imprisomuent for life, IS or ing ttOiCO’ goods know. may he inflicted, shall, instead of s~tch,part~of the punishment, sngly; or - committing be fined, and sentenced to undergo in the like mannem, and.be con- other fined, kept to hard labour, fed and cloathed, as is hereinafter direct-’ oft’ence not Capital; for ed, for any term not exceeding two years4 which the court, before which cor- lmral lionleb. whon’i such conviction shall be, may, and shall in -thçir discretion nient was formally think adapted to the nature and heinousness of the offence. infl~ctecl. ~(See actof SECT. v. ilnd he it further enacted by the authoritz~aforesaid, 23d ofSe;s. That i~obberyor larceny of obligations or bonds, bills obligatoryI chap.tember,1572.51791, bills of exchange, promissory notes for ‘time- payment of money,ll t(lSth Sep. tcanbcr, lottery tickets, paper bills of credit, certificates granted by or undu’ 1799) the authority of this commonwealth, or of all or any of the United o~’tthofttsee the act April, ISO?, States of America, shall be punished in the sau~emanner as robbery eha~.coos.) Punishment or larceny of any goods or chattels. ‘~ ‘ , ‘ ‘ of ~ robberyoc’ vi. And whereas by the eighth section of, the act of larceny of sembly, entitled “An Act for the advancement ofjustice, and n-iore paper oeeari~ ticS. certain administration ~ it is enacted, that if any woman (ice the act to punish shall en~cavourprivately to conceal the, death of her child, which, stealingof by being born alive, shouldby the law be deemed a bastard, sothat baek note,, SOth ofJan’ it may not come to ~ight,whether it was,born alive or not, and be uary, 2810)’ convicted thereof, shall suffer death as in case of murder,, “excep~ such mother can make proof, by one witness at the, least, that the child, whose death wa~by her so iutcncledto bc,concealed, was born Ofthepr~o~ dead,” whe~’ebythe:bare concea~psentof - the death is aI~mos~conclu- in case of the murder sive evidence of the child’s being rnurcler~dby th~mother, or ofanewborn by her procwement: Be, it therefore- decf~v’edand -enacted ~ bastard. authority afni~eeaid,That from and afterth~p~ibl~pationof this,act~ nage(See 113,vol.1,and the constrained presumption that the hild, .whosedeath is conceal- ~seactof22d of April, ed, was therefore ,murderçd by the mother, shall not be sufficient ~ias, chap. 1769, sect. 17, evidence to cpnviqt the party indicted,without probable presumptive 18.) proof is given,that the child was born alive, , SECT. vii. 4-nd lie it further enqctcd by, the authority aforeaid~ uuninhabl’eCrimennnt - ‘That ‘every other felony, or, misdemeanor, or offence whatsoever, by this act to be pordnbed not, specially provided for by this act, may and. shall be punished as hereto. fore. as heretofore.~ ,•, - ‘ ~aUt now SECT. vl~i.,Bcit enacted by the authority aforesaid, That the corn- see the aCt ~f 225 of April. missioners for the ,county~of Philadelphia, with the aporobation of 1P94, ~ 1166.] the Mayor and two of t~,e.Aj~,erinenof the cit~of i~hiladelphia,cells tohe and two of, the Justices of the Court of Quarter Sessions for the ereCted in the gaol ,ounty of Philadelphia, sh&1 as soon as conveniently may be, cause yard. a suitable number of cells to be,constructed in the yard of the gaol of the said county, each of which cells shall be six feet in width, eight feet inlength, and nine feet in heighth, and shall be construct- ed of brick or stone, upon such plan as will best prevent danger front fire; and the said cells shall be separated from the common ~s4 -

1~90. yard l~ywalls o such height, a,s, without unnecessary exclusion of, ~—‘v~-~aIr and light, will prevent all external communication, for the pur- pose of confining therein the more hardened and atrocious of- - fenders, who, by the act, entitled “An Act for amending the pe- nal laws of this state,” havebeen sentenced to hard labour for a term • of years, or who shall be se~itencedthereto by virtue of this act. 1m~penseof SECT. IX. ‘Be it enacted by the authority aforesaid, That,’ for the purpose of defraying a proportionable pare of the expense of erect- bedefrayed. - lug such cells and walls, the President and Supreme Executive Council shall be, and they are hereby authorized to draw orders on the State Treasurer for the sum of five hundred potinds, -to be paid ‘out of the funds especially appropriated for claims and improve-

- ments, when the same shall be sufficiently productive; and for de- fraying the residue of the expense, it shall be lawful for the coin-’ - missioners of the said county, or a majority of them, to assess, levy

• ‘ and collect, within the said county, so much money, as they, with the concurrence and approbation of the said Mayor, Aldermen and Justices, shall judge necessary, provided the same does not exceed the sum of one thousand pounds. s’ielsceos SECT. X. Be it enacted by the authority aforesaid, That the said cclared to be apart ~f cells shall be and are hereby declared to be part of the gaol of the the gaol. city and county of Philadelphia; and the residue of the said gaol shall be appropriated to the purposes of confining as well such Wile ohail male Convicts sentei~cedto hard labour, as cannot be’accommodatei:l f~na~in the said cells, as female convicts sentenced in like manner, per- sons conVicted-of capital’offences, vagrants and disorderly persons committed as such,and persons charged with misdemeanors only, all which persons are hereby required tobe kept separate and apart from each other, as much as’ the ‘convenience of the building will adthit, - arid to be subject to the visitation and superintendance of the Jn~pec.

- tors, he~’einafterappointed.* ~sgran~nand SECT. xx. And be Ii further enacted by the authorit~,’aforesaid, ~~ay That it shall be lawful for the Mayor or any Aldermnati of time city ~~°I~i of Philadelphia, and any Justice of the peace of the said county, to labour. commit any vagrant or idle and di~ordcrlyperson (being thereof ‘~(Seea~legally convicted before him, as by law is directed) tothe sa~idgaol, net iS to be kept at hard labour for any tern-i not exceeding one month, ch~ap,2377j any law of this state to the contrary notwithstanding.~’ ~rovisio,nfor SECT. XII. Be tt enacted by the’ authority aforesaid, That, in ~ order to prevent the, introduction of ‘contagiousdisorders, every per- ~sseri1erS. son who shall be ordered to hard labour in the said gnol shall be separately lodged, washed and ‘cleansed, and shall continue,in such separate lodging, until it shall be certified by some physician that lse,or she is lit to be received amOng the other prisoners: and if such person be a convict, the clothes in which he or she shall themi be cloathed shalleither be burnt, or, at the discretion of two of the said inspectors, be baked, fumigated and carefully laid by, until the expiration of the term for which such offender shall be sentenced to hard labour, to be then returned to him or her. - ~nnv1ct~ SECT. XIII. Be it enacted by the authority aforesaid, That all t’~d,clo~thed,such convicts shall, at the public expense of such county, during’ th~ term of their confinement, be cloathed [in habits of c’oarse inaterial~, 1 790k uniform in colour and make, and distinguishing them from the good ~ citizens of this commonwealth,] and the -males shall have their ~ ~heads and] beards close shaven at least oncein every week, [and all such offenders shall, during the said term, be sustained upon bread, (sev~n Indian meal, or other inferior food, at the discretion of said Inspec- ~o~s~e~eeia tors, and shallbe allowed one meal of coarse meat in each week, and ~ shalL be kept, as far as may be consistent with their sex, age, health ~ and ability, to labour of the hardest and most servile kind, in which chnp. 1550.1 the work is least liable to be spoiled by ignorance, neglect or obsti- nacy, and where the materials are not easily embezzled-or destroy- ed;] and if the work to be perforn~edis of such a nature as may require previous instruction, proper persons for that purp~se,to - whom a suitable allowance shall be made, shall be provided by order of any two of the Inspectors hereafter named; during which labour - the said offenders shall be kept separate and apart from each other, ~fthe nature of their several employments will admit thereof; and where the nature of such employment requires two or more to work together, the keeper -of the said gaol, or one of his deputies, shall, ~fpossible, be constantly present. SECT. xiv. Be it enacted by the authority aforesaid, ‘That such offenders, unless prevented by ill health, shall be employed in work “r~ every day in the year, except Sundays: and the hours of work in each day shall be as many as the season of the year, with an inter- val of half an hour for breakfast, and an hour for dinner, will per- mit, but not exceeding eight hours in the months of November, December and January, nine hours in the months of February and October, and ten hours in the rest of the year; and when such hours of work are passed, the working tools, implements and mate- rials, or such of them as will admit of daily removal, shall be re- moved to places proper for their safe custody, until the hoar of 1-a- - hour shall return. SECT. XV. Be it enacted by the authority aforesaW, That the keeper of the said gaol shall, from dIne to time, with the approba- ~ tion of any two of the Inspectors,hereafter mentioned, provide a su±- ficient quantity of stock and materials, working tools and imple-, inents, for such offenders, for the expense of which the said inspec- tors, or any two of them, shall be, and they are hereby, authorized to draw orders, to be countersigued by the commissioners of the county, on the Treasurer of the county, if need shall be, specifying in such orders the quantity and nature of the materials, tools or him- elements wanted, which orders the said rL~reasureris hereby re- quired to discharge out of, the county stock,-for which materials, tools and implements, when received, the said keeper shall be ac- countable; and the said keeper shall, with the approbation of any ~ two of the said Inspectors, have power to make contracts with any ~,o~~ oj~iy 1 person whatever, for the cloathing, diet, and all other necessaries for l~~C~” the maintenance and support of such convicts, and for the imple- ~ meats and materials of any kind of manufacture, trade or labour, in which such convicts shall be employed, and for the sale of such goods, wares and merchandizes, as shall be there wrought and manufactured; and the said keeper shall cause all accounts con- 1 79o. cerhingthe maintenance Of siich convicis and other prisoners to be ~-~--~ entered regularly in a book or books, to be kept for that purpose, Ainowita of and shall also keep separate aècounts ‘of the stoc~cand materials so 1 ~ht~’ nnd wrought, manufactured, sold and disposed of, and the, monies for ~ which the same shall he sold, nnd~whënsold, and to whom, inbooks to be provided for those purposes, all which books and accounts shall be at all times open for the examination of the said Inspectors, and shall be regularly laid before them, at their quarterly or other • meetings, ~s herein after is directed, for their approbation and al-

lowance. - How frauds~ SECT. XVI. Be it enacted by the authority aforesaid, That, if ~ the said Inspectors, at their qu~rterlyoi’ other meetings, shall sus- maybe in. peet any, fraudulent or improper~charges, or any omissions in any veitigated. such accounts, they may examine, upon oath or affirmation, the said keeper, or any of his deputies, servants or assistants, or any person of whom any necessaries, stock, materials, or- other things, have beenpurchased for the use of the said gaol, or any persons to whom any stock or materials wrought or manufactured therein have been sold, or any of the offenders confined in such gaol, or any other person or persons concerning any of the articles contained in such accounts, oi any omissiOn thereout, and in case any fraud shall ap- pear in such accounts, the particulars thereof shall be reported by the sai4, Inspectors,~in writing, to tile Mayor of the said city, for the purposes herein after mentioned. ‘ ~i’paraeean- SECT. XVII. Be it enacted by the authority aforesaid, That, h ~ order to encourage industry as an evidence of reformation, separate thcCOiWi~t5iaccounts shall be opened in the said books for all convicts sentenced -to hard labour, for six months and upward, in which such convicts shall be charged with the,expenses of cloathing and subsistence, and such proporciona1~iepart of tile expenses of the raw materials upon which they shall be employed, as the Inspectors at their quarterly or other meetings shall think just, and shall be credited with the sum or sums from time to time reccived by reason of their labour, i~I~n and if tile s~n~eshallbe found to exceed tile said expenses, one half ~h~irLivüur~of the said excess shall be laid out in decent raimenc for such con- victs at their discharge, or otherwise applied to their use and bene- ~ fit, as the said Inspectors shall upon such occasions direct; and if such offender, at the end or other determination of his term of con- finemeint, shall labour under any acute or dangerous distemper, he shall not be discharged, unless at his own request, until he can be safely discharged. ~Vhosh~flbo- S1:cT. xvxri. Be it enacted by the authority aforesaid, That, 110 person whatever, except the keeper, his deputies, servants or assist- ~w1, ants, the said Inspectors, officers and ministers of Justice, Counsel— lors or A,ttoriiies at law, employed by a prisoner, ministers of the gospel, oi’ persons producing a written licence signed by two of the said inspectors, shall be permitted to enter within the *alls where - i~LlCitoffende~~shall be confined; and that the dooi’s of all the lodg- lag rooms and cells in the said gaol shall be locked, and all lights thr~reiaextinguished at time hour of nine, and one or more’ watch- men shall patrol tl-i~said gaol at least twice in ever,~hour, frutu. ‘~37 — that time, until the return of the time of labour in the morning- of ~79O~

the next day. ‘ ‘ SECT. xix. Be it enacted by the authority aforesaid, That the Provision for cleaning walls of tile cells and apartments inthe said gaol shall be white- the apart. washed with Ibne and water, itt least twice in every year, and the meets and cells; - floors of tile said cells and apartments shall be washed Once every week, or oftener, if the said Inspectors shall sodirect, by one or more of the said prisoners, in rotation, who at the discretion of the said keeper shall have an extra allowance of diet for so doing; and the said prisoners shall be allowe4 to walk and air themselves for such stated time as their health may require, and the said keeper shall permit; and if proper employment can- be found, such prisoners and f’or the may also be permitted, with the approbation of two of the said In- theex~tciaeprison,of spectors, to work in the yard, provided such airing and working in era, the yardbe in the presence, or within the view, of the said keeper, or his deputies or assistants. SECT. xx. Be it enacted by the authority afore8aid, That one An infirmary to be fitted or more of the apartments inthe second story of the said gaol, and ~ a~the at the extreme end of the west wing, shall be fitted up as an inflr- hstions5~aol;regsz.re’ mary, and in case any such offender, being sick, shall, upon exa- specting the same. mination of a physician, be found to require it, he or she shall be removed to the infirmary, and his or 1i~rname shall be entered in a book to be kept for that purpose, and whensuch physician ~hail re- port to the saidkeeper, that such offender is in a proper conditio~i tO quit the infirmary and return to his or her employment, such re- port shall be entered by the said keeper in a book to be kept for that purpose, and the said keeper shall order him or her back to his or her former labour, so f1u as the same shall be consistent withhi~ or her state of health, and the said Mayor, Aldermen and Justices shall from time to time, appoint a physician to attend at said gaol. SECT. ~ Be it enacted by the’ authority aforesaid, [That the Pviaa~era .siiltyof keeper of the said gaol] shall have power to punish all such prison- ~ &c, ho,~tobe ers guilty of assaults within the said gaol,whenno dangerous wound ~?un1shed. or bruise is given, profane cursing and swearing, or indecent beha- - - viour, idleness, or negligence in work, or wilful mismanagement of (Qukre.~ ‘it, or of disobedience to the orders and regulations herein after di. rected to be made, by confining such offenders in the dark cells or dungeons of the said gaol, and by keeping them upon bread and water only, for any term not exceeding two days; [and If any such [That pact oftlt~sec. prisoner shall be ~ailty of any offence within the said gaol, which tionbotweei5 croithets i~ the said keeper is not hereby authorized to punish, or for which he re5ealfdh)’ shall think the said punishment is not sufficient, by reason of the ~ act of 8th of enormity of the offence, he shall report tile same to two of the said April, 1795, Inspectors, who, if upon proper enquiry they shall think fit, shall chap, 1850.] certify the nature and circumstances f such ofiènce, with the name of the offender, to the Mayor of the 0said city, and the Mayorshall tilel’eupon order such offences to he punished by moderate whipping, or repeated whippings, not exceeding thirteen lashes each, or by r’lose confinementin the said dark cells or dungeons, with bread and water only for sustenance, for any time not twcecding six days, or ~v all the said punisiunents.] Yoi. IL 538

179t~. SEcT. xxii. &~it enacted by the authority aforesaid, That ~t ~ shall be lawful for the Mayor and two Aldermen of the said city, and ‘two of the Justices of the peace of’ the said county, on the first be day of May annually, to appoint a suitable person to be keeper of *~,?n~d. the said gaol, who shall, however, be liable to be removed by the ~ said Mayor, Aldermen and Justices aforesaid, when occasion may C~Ot Le~ require, in which case another shall, from time to time, be appoint- 9 5 su~pIiedi~o’ ed in like manner, who shall receive, as a full compensation for his ~th ofApril, services, and in lieu of all fees and gratuities by reason or under hit~ colour of the said office, so much per annum, as the said Mayor, Aldermen and Justices, at the time of such appointment, shall di- tcompen. rect, to be paid in quarterly payments, by orders~drawnon the Trea- surer, of the said county, by the said Mayor, and also five per cen- turn on the sales of all articles manufactured by the said criminals;] and such keeper shall have power, [with the approbation of the Mayor, Aldermen and Justices aforesaid,] to appoint a suitable Deputies’ ntunber of deputies and assistants at such reasonable allowances [as ~ the Mayor, Aldermen and Justices aforesaid, shall think just,~ which allowances shall be paid quarterly, in like manner; and be-

- fore any such gaoler shall exercise any part of tile said office, he shall gIve bond to the Treasurer of the county, with two sufficient sureties, to be approved b~the said Mayor, in the sum of five huit- dred pounds, upon condition, that he, his deputies and assistants, shall well and faithfully perform the trusts and duties in them re- posed, which bond, the du~execution thereof being proved before,

- tobe record, and certified by, any of the Aldermen ‘of tile said city, shall be re- corded in the office of the Recorder of Deeds for the county of Philadelphia, and copies thereof, - exemplified by the said Recorder of Deeds, shall be legal evidence in all cOurts of law, in any suit against such gaoler, or his sureties.

IuapectorB - SECT. XXIII. Be it enacted by the authority aforesaid, [That it

~ shall be lawful for the said Mayor, Aldermen and Jnstices aforé.~ ~1~or wl~~tsaid, on the first Monday in May next, to appoint twelve J.nspec- ~ tors, six of whom shall- be in office until the first Monday in No- ~ef~1 vember next, and six until the first Monday in May following, and

1791, ç~ba~.so, from time to time, six Inspectors shall be appointed in manner - ~ ~ aforesaid, on the first Mondays in May and November annually;] and if any person so appointed, not having a reasonable excuse, to be ~tpproved of by the said Mayor, Aldermen and Justices, shall February, refuse to serve in the said office, he shall forfeit and pay the sum of

Pcksalty on - ten pounds, to be recovered by action of debt, as debts of like value are recoverable by the laws of this commonwealth, the one half Spector. thereof to the use of the person suing, the other half to be paid to the Treasurer of the said ,county, to be applied to the purposes herein before mentioned. Inpeetor SEer. XXIV. Be it enacted b-i1 the authority aforesaid, That tile ~ said inspectors, seven of whom shall be a quorum, shall meet once ~ in three months, in an apartment to be provided for that purpose ulgurspec. in the said gaol, and may be specially convened by the two acting inspectors, when occasion shall require, and they shall, at their first meetmg, appoint two of their members to be acting Inspectors, who - shall continue such, for such time as shall be directed by the said “I

Fnspectors, or a majority of them when met together. And the act. 1790. ing Inspectors shall attend at the said gaol at least oncein each week, ~—v—.J and shall examine into and inspect the management of the said gaol S InspectorsThe acting whento rtnd the conduct of the said keeper and his deputies, so far as re- inset, and spects the said offenders employed at hard labour and the directions thrir duty. of this act, and shall do and perform tile several matters and things

herein before directed by them to be performed. - SECT. XXV. Be it further enacted b the authority aforesaid, The board 9 ofXnspectoo5 That the board of Inspectors, at their quarterly or other meeting, tomaiceor. dersand 5’hall make such further orders and regulations, for the purpose of reguladiano. IOn the same carrying this act into execution, as shall be approved of,by the sul’.jects, S~e the arc of Mayor and Recorder of the said city, and such orders and regula- 2355 Sejtem. tions shall be hung up in at least s~xof the most conspicuous places her. 1791, (chap 1512,) in the said gaol; and if the said keeper, or any of his deputies or 955 see also. th~rulesutid assistants, shall obstruct or resist the sai~IInspectors, or any of them, regulations in the note to in the exercise of the powers ‘and duties vested in them by this act, tisis act.] such person shall forfeit and pay the sum of twenty pounds, to be recovered as aforesaid, and shall moreover be liable to be removed, - in manner aforesaid, from his’ respective office or employment inthe said gaol. ‘- - - - SECT. ~xvr. Be it further enacted by the authority aforesaid; The home That the present house of correction in the city of Philadelphia ofto becotreetiøneqs. versed onto - shall be reserved for the exclusive reception and confinement of,. The debt. debtors, and persons committed to secure their appearance as wit- ai~rt. ment. ilesses in criminal prosecutions, and not charged with any misde- [See the act of 4th of - 1’neanor or higher offence, which witnesses, if bound in recogni- Ait ji, 1792, (c hat.5 1525,) zances for their appearance -in favour of the prosecution, - shall be t1iedebtot~— apartment allowed the sum of six-pence per diem, to be paid out of the county ;nsr under stock. And the commissioners of the said county are hereby au- the manage- mentot the thorized to make such alterations in the same, not exceeding the inspectors at sum of sixty pounds, as shall be necessary to accommodate all such tite isrison,] prisoners; and to distinguish the said house of correction by a pro- per title ,henceforward it shall be called and known by the nani.e of

The Debtors’ Apartment.” - SECT. xxvii. Be it further enacted by the authority aforesaid, ~riuonerato b~exchanged !I’hat the keepers of the said gaol and of the ~aid house of correc- by the gaol. tion, respectively, shall forthwith exchange the several prisoners in er~ ef~ thesteer. their respective custody, conforinabl~tothe true intent and meaning houseof cor~ of this act,~and shall be, and are hereby, indemnified for all such rection. prisoners as shall be safely delivered into proper custody, pursuant to the directions of this act. ‘ - SECT. XXVIII. And whereas it may not at present be practicable to introduce all the above mentioned regulations into each of the counties of this state, although it is necessary that an uniformity of punishment should as much as possible prevailin all: Be it enacted hi, the autho,.ity aforesaid, That the malefactors sentenced to hard Procecding~ in the costs’ labour as aforesaid in the several counties of this state, other than ties i~rcou. fining and the county of Philadelphia, shall be employed in ‘the several gaois punisning and work-houses in the respective counties, in such hard and servile convic;a. labour, - and fed and cl,oathed in such manner as is herein before di- rected. And the Sheriff of the proper - county, to whom the said ‘naleflictors shall be committed in execution 9f their sentence, shajl, - -- S40

1V~O.from th-~ié‘to time, with the approbation of the Justices of the Court ~ of Quarter Sessions of the proper county, in open court, appoint so many. keepers of the said malefactors as shall be necessary, whose -

wages shall be ascertained and allowed by the said court, and paid -

- by the Treasurer of the county, out of the monies in his hands- raised for, the use of the said county, by a warrant drawn by the said Sheriff, and at- least one of the commissioners of the proper, - county, - and that’the duty’of the said keepers shallbe to superintend and ‘direct their labours, manage and attend to their cloathiug, diet and lodging, and take care that they be safely kept; and the better

- to effect this purpose, they shall have authority to confine in close’ durance, apart from all society, all those who shall refuse to labour,.

- be idle, or guilty of any trespass, and during such confinement to - withhold from them all sustenance, except bread and water; and

- also to put iron yokes around their necks, chains upon their leg or -1~gs,or otherwise r~strainin irons such as shall be incorrigible or ir-

reclaimable without such severity. - geeperof SECT. XXIX. Be it enacted by the’autfwrity aforesaid, That the ~ Court of Qui~rterSessions ofany such county shallhavepower, either on a ex ojicio, or upon information against any such keeper for partiality. Jar e~ or cruelty, to call before them such keeper, togetherwith the material ~=yof5 witnesSes, and enquire into his conduct, and if it shall appear that’

- he -hath been guilty of gross partiality or cruelty, it shall and may - - be lawful for the ‘said court’to- suspend or remove him; and any of

- - the Judges of the Supreme Court, when upon the circuit in such county, -either o~their own ‘motion, or on complaint made by any

- other, may take original cognizance of the misbehaviour of any - ‘keeper, and rei’nove him from office, if they see cause; and in case, of suspension or removal of all or any of the said keepers, either

- by the Justices of the Quarter Sessions, or the Judges of the Sn- - preme Court, the Sheriff of the proper county, with the approba- tion ~f the Justices of the Quarter Sessions of the same county, shall and he is hereby, authorized and directed to appoint another,

-- keeper or keepers, in the room of such as shall have been so sus- - pended or removed~ SECT. Xxx. Be it further enacted by the authority aforesaid~ ti.se couin ir. That the keepers of the gaols and work-houses, or houses of cor- 1 ~i~a’~ rection, in such counties, shall3 once in every three months, or of. ~pricon. tener, if required, furi~shthe commissioners of their respective counties with a complete kalendar or list of all persons committed to their respective custody, under sentence of such servitude, to- gether with the names of their crimes, the tern-i of -their servitude, in what court condemned, the ages and the description of the per- sons of such as shall appear to be too old and infirm, or otherwise Csmxnis~Ionincapable to undergo hard labour out of the gaols or work-houses, era t9 ~sake and the said commissioners shall, at the charge of the proper county, ~of provide the~cloathing and the food herein before directed for them, ~i~1~n ~ur as also such articles and materials of labour and manufacture, as shallbe most suitable ~or the employment of all those who are capa- ble of labour or manufacture, and deliver the same to the said gaoler, Guolerto or work4iouse keeper, taking a’ receipt therefor; and that the gaoler ~gnderwesk- or work-house keeper shall rend~an account quarterly, or oftener, Ml 1790. if required, to the commissioners, of the work done ~y the said ~—v—-d itialefactors, and dispose of the same in such manner as the corn- workly~ccountefdone. missioners shall direct; and the said commissioners are hereby au- Vommonion. era to draw thorized, from time’ to time, to draw orders, or give their warrants for’exrenses: andmoney - on the Treasurer of the proper county, for the advance of such h~wto ~ raised. sums as they shall think reasoiable and necessary for carrying this ~ See,ontl1~ subjett of act into eXecution, and all expenses and charges incurred, or to be this section, incurred, by virtue of this act, shall be levied and raised as-other the attof 4th ofApril, county charges are, and be accounted for in like, manner, excepting 2805,)1807, rshap.which enforces it the said sum of five hundred pounds, directed by this act to be paid by penal. out of the treasury of the state, towards erecting the said cells in riesrj the yard of the gaol of the county of PhiIadelphia.~ - SECT. XXXI. Be it cnacted by f/ic authority aforesaid, That the Penalty in eases of in. - said keepers of any of the gaols and houses of correction within vo~yntary this cornniouwealth, their deputies and assistants,’ in case any of the ~ said offenders shall escaj,e from confinement without the knowledge or consent of the said keepers, deputies or assistants, shall forfeit - -

and pay the sum of ten pounds,~to be recovered and applied in ~j.350 ~. manner aforesaid; provided that nothing in this act contained shall lars.of4thbyofact be deemed or taken to extend to escapes voluntarily suffered by any ~chap. 29e5.)sso~. such keepers of the said gaols or work-houses. - SECT. XXXI I. Be it enacted by the auharity aforesaid, That if PuniShment On COnvictS any such offender sentenced to hard labour shall escape, he or she who escape, shall, on conviction thereof suff~rsuch additional confinement at section(SOC theofilth hard labour, agreeably to the directions of this act, and shall also the ~ctcd’ aId of -April~ suffer such additional corporal punishment, - not extending to life or ‘~o4.) limb, as the court, in which such offender shall have been convicted, shall adjudge and direct; and if any such offender shall, after his’ or her esCape, be guilty of any offence, for which he or she would have beei’i sentenced to death by the laws in force before the-passing of the act, entitled “ An act for amending the penal laws of this state,” [he or she shall suffer death, as if the said act, or this act had not been made.] - - Siic~.xxxiii. Be it -enacted by f/ic aiahority aforesaid, That-Punishment any such offenders who have been or shall be pardoned for the of- sonavardon.’in’case per. - ed odind fences or crimes, ~f which he or she hath beenor shall be convicted again. in pursuance of the said act, or of this act, provided such offence was by any law in force befQre the passing of the said act made Imprison.EAIoered to hke,mentforlife capital, and who shall be convicted of a sccond offence of the by the 13th sectionef’tise nature, shall suffer ‘death on such conviction without benefit of act ofOldof’ clcrg~,and any constable who shalltake up and convey to gaol any Ajril, 1794.3 convict who shall escape from his confinemcnt, shall be allowed mileage, at the saute rate as constables are commonly allowed, tobe paid by the Treasurer of the proper county.] SECT. XXXIV. Be it enacted by the authority aforesaid, That toFelonsbe rehow- any felon convicted in any county in this state, other than the coun— othermovedroust.from ty of Philadelphia, of any felony or felonies,* for which he or she ties to the gnol ofPhi- ladeiuhia, ~hall be sentenced to hardlabour for the space of twelvemonths or and there upwards, may, at the discretion of the court in which such felon maincainn~ shall be convicted, within three months after such conviction, be.~ s thcaet of’1list5~of removed, at the expense of the said county, under- safe and secure,~,rch1coG, conduct, to the gaol in the said county of Philadelphia;. and therein. ch~.2691. 1~o. he confined, fed,’ cloathed, and employed at hard labour, as is here- ‘~-‘~—Jin before directed, lbr the remaining part of the time for which, by a~tti~l?ce such sentence, he or she shall be liable to imprisonment; and the ril, 1807, commissioners of the said county of Philadelphia, upon the appl’;ca- 8 sso~ tion of the said Inspectors, shall have authority, from time to time, to draw orders upon the Treasurer of the county from which such felon shall have been so removed, for the expenses of feeding and

- cloathing such felon, if the labour of such felon shall not be suffi- cient to pay the same, which orders the Treasurer of such county - shall accept’and pay. Penalty s,~, SEcT. xxxv. Be it enacted by the authority aforesaid, That if Igor any gaoler, or other person whatever, shall introduce into, or give ~~t~sa away, barter or sell, within any gaol or house of correction in the said city, or any of the counties of this state, any spirituous or fer- bT~of4th mented liquors, excepting only such as the gaoler or keeper of such ~ gaol or house of correction shall make use of in his own family, or :805.)) such as may be required for any prisoner in a state of ill health, and - for such purpose prescribed by an attending physician, and deliver- ed into the hands of such physician, or other person appointed to

- receive them, such person shall forfeit and pay the sum of five

- pounds, to be recovered as debts of like value may be recovered by the laws of this state, one moiety thereof to the use of the person suing, the other moiety tobe paid to the said Inspectors, for the pur-

poses in this act contained.] - itepeaIo~’ SECT. xxxvi. Be it enacted by the authority aforesaid, That ~~er ~ the act, entitled “An Act for amending the penallaws of this state,” and the act, entitled “An Act to amend an act, entitled “An Act for amending the penal laws of this state,” shall be, and they are hereby, repealed. Lln,icat’sos, SECT. xxxvii. Be it enacted by the authority aforesaid, rf1~at this act shall be inforce for the term of five years, and from thence to usa!.) the end ofthe next session ofthe General Assembly, and no longer.]

Of convictS - SECT. XXXVIII. And be itfurther enactedby the authority afbre- Sentenced said, That the force and operation ofthe act herein before mentioaed,- ~ entitled “An Act for amending the penal laws of this state,” shall, notwithstanding the said act is herein repealed, remain valid and effectual, as to all persons convicted and sentenced to confinement, servitude and hard labour, conformably to the true intent and mean- ing of the said act, and of this act. Passed 5th April, 1790.—Recorded in Law Book No. IV. page 105, (f,)

(j’) The nbject of this note is to exhibit after its passage; an act was passed on the state of the criminal code of Penn. the 18th day of’ ApriL 1795. (chap. 1350,) sylvania, from the 5th of April, 1790, to entitled an act to continue in force the the present time, ‘so such a manner as to act, entitled ~ an act so reform the penal be understood by every reader, and to be laws of this stare, and for other purpo. useful to Grand juries, in their chamber. ses therein mentioncd”~—Bythis act, the )?or the great outline of the penal law, Inspectors of the gaol of the city and especially as it stood previous to the act county of Philadelphia, have full power its the text, the reader is referred to vol. 1. and authority to provide necesnaries for page 105, (chap. 236,) and the notes sub- every description of persons, who may he - joined thereto, - confinedin the said gaol, and to separate The act in the text being limited to the and class the ditrerent prisoners in such - end of the Session of the Legislature ssext manner as they shall judde will best pro. - . foli~wsngthe tern, isaLion of five years mote the object of their confinement. - 54~3

5 2. They have power to direct the or and two Aldermen of the city, and two ~ o cloathing for ConVicts, and to employ each Justices of thç county of Philadelphia, to irs such kind of labour as their various appoint Inspectors of’ the prison of she otxctsmssas,ces may rquire; and so much city and county of Philadelphia. (See sect. of the thieceoth section of the act in the 23d of the act in the text.) - text, as directs the description of cloath, The powerof appointment, under this sag for the convicts, that their, heads act, appears to have been abused, and ap- should be shaved, and that they should be pOintments made under it, in a clandes, kept at labour of the hardest and most tine manner. The inlayor, in one instance, s~rvilekind, is repealed. having selected two Aldermen, and two 5 3. That part of the twenty first sec- Justices, and refused so give notice to tion of the act in the text, which ainhori. oslters of tlsc hour aitd place of appohst~ zen the Mayor of the city, on the certifi- ment, or to inform them of them, when cate of two of the Inspectors, to order called on for that purpc~se.—Seeshe Corn. persons for ofl~ei,eescommitted in’the gaol nionwealth, v. Douglas and othets, 1’. Bits- to be punished by whipping, or repeated ney, 77. whippings, not exceeding thirteen lashes By an act passed the 23d of February, each, or by close ctmfl,iement, is cepealedb 1809, entitled an act giving additional a, d the said inspectors may order and di. powers to, and changing the mode of ap~ rect any convict, who shall commit either polntmens of the Inspectors of the prison of the oflénces mentioned in the said in Philade/phia, and for other purposes.” twenty first section, to be confined in the~The Inspectors of tile prison, in addition cells, or dungeon, with bread and water, to the powers tltey before posses~ed, only, for sustenance, for any period not shall have authority to clsooseout of thei~ exce~xiing’ten days for the first ofFence, - own body, a President, a Secretary, and nor fifteen days for any subsequent of- s Treasurer, The Treasurer shall receive fence. all monies belonging to the institutioit, 5 4. The parts of the twenty second and pay the same upan the orders of the section of the act in the text, which ass- Board, signed by the President, astd at- ~tlsorizes the mayor and aldermen of the tested by site Secretary; his accounts sisal! city, aslci twO Justices of the county of be settled every two weeks by the Board i’hiladelpisia. to appoint and to remove of Inspectors, who are awthorzed in the the keeper of the gaol, to fix the salary name of’ she President? to sue for, and re- of the keeper, to approve of the appoint. cover possession, by ejectnlens Cr other- ment of deputies and assistants, and to wise, vacant city lots, directed to be sold ascertain their compensation, and so much by the Inspectors, by ace of 2d of ‘April, thereof as empowers the mayor to draw 1802, (hifra.) and also, in the same for the salary and compensation, and to name, to stse for, astd recover debts, duo approve of the sureties altered by the or hereafter to become due to the prison Gaoler is repealed; and all tile powerand ~f the city and county of Philsdefpisia, as authority vested by the said twenty se- fully and efibctually as any body corporate cot,d section in the said Mayor, Alder. may or can do; and no suit so brougI~e men and Justices,shall be exercised exclu- shall be discontinued or abated by ally sively by tbitt said Inspectors. change of the said persons by theappoiite. 5 5. So much of the twenty second sec. meiit of others in their stead ; but tti~ tiosi of she act in thetext, as allows to the same shall continue and proceed to the keeper of the g~olfive per centum on the final issue. - sales of all articles -manufactured by the - 52. The court of Qparter Sessions shall, criminals, is also repealed. at their March sessions, annually, ahtpotflt 5 6. This act, and the ‘act in the text three discreet and Suitable persoils, us au- declared to be, and continue in force for ditors, ‘w1s~shall, under otth or afluz~nia~ this-ce years, and from tltence to the end of don, audit and settle the accounts ~l the the next session of the General Assembly, Inspectors of the prison, subject nevei~ise. except such parts as were altered or sup-’ less to the revision herein after mentl(,fl- plied, or repealed by this, or any other eçi, stating at large the receipts and die, act. bursemeucs of all monies which may ltav~ - Thepeople of Pennsylvania were satis- been received and expended by them, and fied with this system and by an tier, publish the name in two of the daily news. passed 4th of April 1799, (chap. 2040,) papers of the city. So much of the act in the text, as was - §8. The Select and Common Council5 continued by the act of 18th of April, of’ the cityof Fhi/a~ic/pbia,in joint us-~et. 1795, and also the said continuing act, ing, annually ni the first Monday in May, were made perpetual, astd on the firer Monday in November, With respect to the n~spointmentof In- shall elect by bcliot three Inspectors, ott spectors; by the 17th seetioti of an act each of the said days, ~visoshall be mica- passed 23d of September, 1791, (chap. ble itihabitants of the taid city arid the 15r2,) it was made lawful for the Maya comnuissionet’a of the tvwrsh~put the ~41,

convicts’ from the ditierent parts of the - -1V90. ~Nnr~1iernLiberties, shall, ~nnually, on each of the Said days, elect, by ballot, two state, and the persons whom it maybe ne- Inspectors, between the hours of two and cessasy to imprison for oltences committed five o’clockin the afternoon, who shall be In the city and county of Philadelphia, taxabhe~inhabitants of the township of the certalO Vacant city lots are directed to be Northern Liberties; and the commission- 601d by the Inspectors of the prison, or a are of the diarricr of Southwark, shall, an-, majority of them ; the proceeds of such i’iuahly, on each of the said days, between- sale to be appropriated to the erection of site hours of two and five o’clock in the a new prison, or other house of confine- afternoon, elect, by ballot, two htispectcirs, im~entfor the use of the said city and coun~ who shall be taxable inhabitants of the ty, &c. stud, it is Provided, that in con- said district of Southwark; a majority of aideratioa of the said lots being granted whom shall constitute a board of Inspec- for the purposes aforesaid, the common- tors for the prison of the city and county wealth reserves the right to the several of Philadelphia. counties within the same, to send their §4 The treasurer shall gtve bosid with cOtwictS to the present prison of the city suificient surety, in the sum of ten thou- and county of Philadelphia, &c. sand dollats, to the board of Inspectors, 5 2. ImmediateLy after the said prison for the faithful performance of the duties shall be completed, and suitable for the of h’sa office, to be sued forand recovered admission of prisoslers, the said Inspec- in the name of the Inspectors, ott forfei- tors shall cause to be removed chereunto, ture thereof, to the use of tiie-inntitUtioil all persons that may then be confined hr stud the said treasurer shall slot be entitled the prison of the city and county of Phi- to receive any compensation for his-servi. ladelphia, under the denomInation of pr’s. ces. -sonora for trial, vagrants, runaway or dis- 5. The Inspectors sisal’s atsntiahly ap. orderly servants or apprentices, and all possit three oftheir own body, whose es- such other description of persons, (except pedal duty it shall be to inspect the ac- CosivictS,) as have beers heretofore confined counts ofthe institution, atid who ~ltahl in the county prison, and toreceive into furnish, under oath or affirmation oti the the s.tld new prison, all persons of the first week in January, annually, ~o SIte aforesaid description tints may hereafter comimssiosiers of such counties as may be legally committed, have become indebted. far convicts confi- By 51> act entitled ‘~a supplementto sun- ned in tlse pricon of Philadelphia> a c~w-dry penal l~t~soi’ this commonwealth,” rect account current, accurately designing p1aset.( 21st of March> 1806, (chap. the value and ameunt of’ the weekly ca- 2687,) the court before which any person penses incurred for the maintenance of shall be cottyicted of felony or larceny, said prisoners; and that its their opitilon aisci sentenced to undergo an imprisonment the elsarges thtteln contained are just and at hard labour and confinement for any - equitabLe, and also of the weekly amount term not exceeding three years, shall be and value of the labourperformed by them, vested with a discretionary power of di- which account shall be certified by the rectitig the imprisonment, l.tbou~and con- Pres’sdenv of the board. of Iisapectors and finemene aforesaid, to be had and per. attested by their clerk. formed in the jail of any county, within 5 6. Such part or parts of any law here- this commoflwealth, or in the jail and by altered and supplied, is and are hereby jieiiitesitiary of Philadelphia. repealed. - By an act entitled “ a further stipple— - It is necessary merely to notice here, sltCnt to the penal laws of this state, pass- that by ass act passed 4th of April, 179~, ed 4th of April> 1807, (chap, 280.5,) sect. (chap. 1625,) the Inqiectus’s ci’ tht prison 2. msny jmeison convicted in any county of’ shall likewise be inspectors of the aebtor’s this state; other than else county of Phila- apartment, and shall attend at the debtor’e delphia, of any of the olFerices alluded to apartment, at least once its each week, its chic 4th section of the act its the text, and shall exatn’tne into and inspect the for which he or she shall be sestenced to management thereof, and the conduct of basil labour for the space of two years at’ ‘the keeper and hs~sdeptssiei, and shall upwards> may, at the discretion of the snake such orders and regulations, with court, in which such person shall be con- regard to the well ordering mid dleallh- vieteti, within three months after such ness of the said apartment, stt. shidi be ap. convietion, be removed to the gaol in the proved of by the Mayos’ of the said city, county of Philadelphia, therein to be con~ and the President of the court of Coin- hin~d,ièd, cloathied and employed at hart-i mon-Pleas for the city mid county of labour, according to law, for the remaist- Philadelphia, (see sect, 2G, of else act in big part of the time for which, by stick the text.) sesttet,ce, lie or she shall be liable to ins- By an act passed the 2d of Aptil, 1803, pris,>iitserlt. (chap. 2377,) which StateS in the preStO— 5 4. If anygaoler shall neglect or refu~r ble, that the public prison uf Phsil-adelplsia to give notice, or futnish a complete ltalen- was foundtoo small for accommodatingthe par or list of all Itettona committed undc t sentence of servitude, to the commission- probation of time Mayor, ‘two Aldermen I7gQ. ers of the proper county as is directed by of the city, and two Judges of the Su- the 30th, section of the act in the text, if preme Cotirt, or two of the Judges of the the courts of Quarter Sessions shall have court of Common Pleas of Philadelphia ordered the gaolerso to do, he shall for- county, to make rules and regulations for feit and pay for every such neglect or refu- the government of all convicts coaflned in sal> the sum of one hsrndred dollars; and Site said prison, not ineonsisient irish the af the said commissioners of any county, laws and cos-tstittstioit of this common- after the receipt of such notice Os’ kalesm- wealth, and to prescribe their allowance dar, shall neglect or refuse to procetre suf- of provisions, ascerta’snissg the quantity ~cient articles and materials of’ labour aisil by weight and measure, ash’s nbt by -piece. manufacture, or otherwise neglect the du~ (see sect~25, of the aCt in the-text.) - ties enjoined upon them by the said SOils In pursuance of this power, the follow— sectsosl, suds commiSsioners, or assy of sag rules and regulations have been adopt- them, so neglecting or-refusing, shall for. lest and pay time suns of one hundred dol- lars, for every such neglect or refusal; assd .Z?egu!ationsfor the government of t,le debt- if by the report of the commissioners of w”o’p’ianlt i/the cityand county of F2d?a- ~ssycounty to the court of Quarter Ses- delpL’ia. ~ions, itshah appear that there is nut suf- ficient room or conveniences its and about 1, That the division of the debtor’s the common gaol of any county for the apartnmerit, which is nosy restored to irs employment and punishment of the con- former state, shall be constantly preserved, victs, as is directed by-the said section, it that is, that cite saudi part of the house shah be the ditty of such commissioners, shall be for the us-c of the Keeper, hs~ ‘with the consent and approbation of the family, stnd Assistants, and that part of court and Grand Jury of tile proper cotmn- time house north of the division wall, shalt ty, to cause to be etected such additional be allotted for the use of the prisoners. buildings as may be necessary for that pur. 2. That the house be washed, once or pose, and, if need be, to purchase ground twice a week during the warm weather, proper and convenient for the erection of and at least once in two weeks, or oftener such additional buildings, at time expense if the weather permit during winter, and of’ the proper county, tise walls shall bewhite.washed as often as §5. If any gaoler shall sell or suffer to shall be deemed needful for the healths of besold to the prisoners, or other persons, the prisones’s~ stny spirituous liquors, or shall suffer any 3, That the women prisoners shall cots. - spirituous liquors under anypreteace what- tissue to be kept separate from the men. ever, except in cases of stckness, to be and at all times the most rigid prohibition given to aisy of the said prisoners in any of any kind of interc-oursd between theist quantity or measure, such gaoler so of- and the men prisoners be continued, and tending, sipon conviction thereof, shall no men shall be admitted to their apart- lbsfelt and pay the sum of fifty dollars for ment, excepting time Keeper, his Assis- every such offence, and shall be moreover tants, the Inspectors, or a Physician; in removed fton~being keeper ~f such gaol case of any ofthe women being sick. or prison; stnd it shall be the ditty of site 4, No woman shall be permitted to go court of the proper county to examine its- into any room where the men are prison: tothe conduct of tile gaolerin this respe~t, ers, excepting site mother or wifeof one at each court of Quarter Sessions, and if of the prisoners> and slot more than one necessary, to send for amid examine wit- such another or wife at a time, unless in nesses iii this behalf. - case of the sickness of a prtsones’, and time §6. If any gaoler shall be convicted of Physician ordersa Nurse, having by his negligence, suffered any 5. No game of addres~or hazard of prisoner committed to his custody to es- any kind whatsoever> sls~ilbe periSlitted cape, be shall forfeit and pay for every its the jmr~sOnout any account; nor shall suds offence,a sum itot exceeding three any implements af gansisig be suffered to hiindrcd dollars. be in the prison at a’l. - s57. All the penalties inflicted by this 6, No kind of Wines, spirituous li- act, shall be recovered upon conviction for quors. porters strong beer, net cyder, nor the offence, in the court of Q,parter Ses- any kind of dunk rironger than small sions of Site propcs’county> by mndictnw-mst beer shall be permitted to time ps’isossers, or information. in any quantity wh,utever, and Use price - 58. The 35th section of the act i~the charged t~ the prisoners for such snmafl tear,repealed. beer, &e. ~h~hlisot exceed sbc c.ents per By the 18th sect, of the act of 25th Seji- quart, excepti>ug from this rule what a teniber, 1791, (chap. 1572,) tire prison physician shall prescribe for any psisener Inspectors shall have powerwith the ap- fit ease of inch prisoner being sick, mit-i -

(*See the en’l oL’ t1~enete for preceetlitiff ri~lesai~dregulations’) VOL. IL 3 z

/‘ then only the jsir>4 axm4 qt~ntity-sh~hlbe s’mon of the visIting Itispecters, the wood. cit grateddoor shalt be shut; and all con. ~ admitted, whack ‘us ps’etcribed fot’ time ~iclç persomi. versatian with time prisoners shall be 7. No ch~urgeof roqney, o~’any egusva. through both thse grates, a keeper to bein lent for money under the xuus~eof ~ar~ the entry to bear all that passes insuch in- smith, gr ~smycharge of the kind shalt i~e terviews, anti the interview shaill not be suffered to l~tmade in time prsson, on ac’ longer than fifteen minutes. ~puuflof a~~yperson lodging in any o~ 4th. The design of- the Inspectors in.. the roomn~allotted-for the pds9ners. trorlucing persons ~o view the interior of’ B. ~o p~isonershalt be suff~recLto com~ timeprison, beingehieflyfor strangerswhose ~vithlout the is~nçrgate, tinlcs~called, by- object may be to introduce atintlax stiststu.. the Keepe~,or his Assistaists, çsr art in-> tionS elsewhere,or to improve them where ~pector. alre~cly~stmiblished time inspectors wilt 9~It shall be th~d,uty ofthe keeper axit~ endeavour to discourage aisy psrsons frosts his assistants, to see that no female re- go’mmtg to. view the prison, merely to grat’t. mains in the rooms witere the men are fy idle cui’iosity, as it bets a bad effect on prisoners, after ~unset. Also to examunq the prisoners. cvery visltor, ai~4see, that s~o1~indof li- 5th. A separate table shall be kept, quor or drink prohibit~dby these-rules, be where the lazy prisoners who do not per~ brought into the prison, form their proportion of work when able, 10. i~’ov~s”tcrshall be permitte4 to shall be fed agreeably to the principle of tome in, orremain i the prison attet sun- tlsc 25th rule established February, 26th set. Antiif any person0 shall attempt to 1792, with this difference, tlmat suds lazy - inti~oduceinto the prison, any kind of li- prisoners shall have no animal food at all, quor or drink prohibited by times-c rides, t~ih1art amendment in their conduct has ta- such liquor or drink shall be immediately ken place. destroyed, and tIme person who endeavour- By order of the Board of Inspectors,&c.,1 ed to bring it in, shall be instantly turned, Signed and approved as directed y otis of doorsa and never suffered to come law, 26th of ~iIarch, 1808. in again as a yisitou~ 11. Tjiat no visitor shall be admitted saving thus exhibited a connected vicvr ~othe prison on the first day ofthe week of all the laws relating to time prison, arid called the. Sabbath day, unless to VhSit a,3 the duties of the officers encrusted with prisoner who i~sick, the care and nianagemesutof’ it; we slsall - 12. If any prisoner behave in a disor. proceed to consider time Iaw~enacted since derby manner, amid on being reprhmasiched thu-c act in the text on the important sub- by the keeper or his sssss5tant, or an in- ject of crimes and punishments. spector, does not immedtatelycossduct him- By an act, entitled “ a supplementto- selfor herself in a proper and reipectftil the penal laws of this state>” passed 234 manner, ancim prisottcr shal,I be confined of Scptcnmbeu’, 1791, (chap. 1372,) if any ~eparately from the rest, ‘in a room apprrt. person who bath beets, or elsall be legally’ ~riateclfor that purpose, indicted, itt any cous’t of erinsinaljurisdic. By order of the hoard ofInspectors,Eec. tion within thia enmmcunweatth, of trea-. Signed anti approved as directcd by son, felony of death> robbery, burglary, law, Jat~’y,l3tlm—l~th,1808. ~oJomy or buggery, or as aecessaries be— fare she fact to any of the a~ineoffences, Additional rc’gulationr’fvr the Prison ofthe did not, or ~vi1lhot aIipea~to answer to. city amid county 0_I’ 4’biladc/p4iia, ~szthi indIctment, or, having appeared, sisrull esespc before trial, and -the same in. 1st. No men shall be permitted to viSit dictusient, tecord and proteedings, shall be- the women’s apartments, unless in the rcrn,mved by writ of certiorari intp the So. company ofone or more of the Iuisptictortt prenue. Cnsrr ofthis cumnmoawealth, it shah of the Prisqis; :and no women shall be as,4 tasty be lstwful for thi~same court to perunit~ec~to visjt arty other pars of the- a~s-ettda writ of rapier, directed to the ~rusonthan the women’s apasensents, un- Sheriff of Use costusry where the fact shall less it be such as desire to mn~whim the be- cisar~edto have been committed; and~- prisoslcumi in the meeting-house on tls~first if she party indicted shah be supposed by day ofthe wcek, for the purpoce of corn- thu~tuductasent to nuhsabir, or be conversant nstuzicatiisg religious instruction. hi, any osiser cou~mty,then ako to the Shier. 2u1. Such ~f the cossviCtS as crjiith~ct ill of, ~ut-lmcoui>sy; which writ or writs themselves properly> and. are diligent hi. shall be delhered to the ~tuidheriff, orshe. their work, and such only> nsay be peristut- rutit, at lc’asL two niuntlum, before the- dty of ted to be visited by ti-i-cur }Lumbaitds or the return thereof, commausding she said- ~Vivvs,Parents or Children> mice inuhtee shmilf tn siuerill’s t~take the person so-in- nionths~,by otders signed by the two ~u~it: dietcd as atbres~id,i~he. or, she- may’. be i’usg inspectors, fottt~dirt ts,ac~rthuirBailiwicks, aneihsim os’ 3d, in all visits to prison-era by Iiermis- ker~snfe!ykeel,, an that hs~ntstyftave~tiaor her bOdy befofe the Ju~tic’egOF the said 4mecifyint therein thu o~4~e~ ~ SupremeCourt> at the nektSupreme Court, second writ of copier to his hiuthds, with ______to be bride,> for the said commonwealth, the teste thereof, and the time anti place to answer to tIme said indictment, or pro. of return to be made thereof, naming the secure hi~or her traverse thereupon, si person indicted as aforesaid, with isis d~ the case may be, and to he further dealt her addition of degree, mystery and place with as the law shah direct; and if the of abode, as contained in the writ, stating came Sheriffor Sheriffs shall make return the nature of the Offence charged against to tise same writ or Writs of rapier, that him or her, and commanding hhlm or huCC the person indicted as aforesaid cannot be to appear before time Justices of time said found in his Bailiwick~then, after such Supreme Court, at tise day attd plaOe di. return, a second writ of rapier may issue rected by the said second writ of’ rapids, out of the said Supreme court, amid be de.. to answer to the said indictment, or proo hivered, at least three months before site secute his oC her traverse thereof, as the return day thereof, to tIme Sheriff of she case may be, or, through default thereof~ county where the- fact shall be charged to at the return of the said seonrl writ of have been committed; and in case the copies, he or she will be outlawed amidat~ party shall be supposed by the itsdictment tainted of the crime whereof he or she to inhabit, or be Conversant in any otlsar nhahl hay~been iisdieted as aforesaid; ~lnc~ county, then another writ of ca~iarshall if upon the return of the samd writ or also issue, as-id be delivered> at Ifast three writs last mentioned by the raid Siseri~or months before the return day tlsereof, to Sheriffs, that the directions of Use said the Sheriff of’ such county; whiclm writor writ or writs had been fullyconiphied with writs of capias shall be returnable before and pdrsued~and the person indicted as theJustices of time same court, on the first aforesaid, shall not yield himself or her- day of the second- term next-~after the self to one of the said Sheriffs, so that trite of S-he said second Writ of capia., so lie may have his or he~cbody before the that a term shall intervene between- Use Justices of the said Supreme Court, at the :sste amid return days of~the same writ or day and place as directed by the said writ writs, whereby the said Sheriff or Sheriffs Or writs, or,having surrendered himself or shall be commanded to take the said per- herself, shall escape from his custody, or sOn, so indicted as ator~said,if he or she having been bailed on his or h~rsurren- may be found in his or theirDaihiwicks, der or caption, shall not appear, so thsat,- ausdhim or lsCr safely keep, so tltat he may through want of his or her appearanceat havehis or hsef body before the Justices of the tim-c amid place the said Supreme court thesaid Supreilie ~‘otmts,at the day of the sisall appoint for isis or her trial, no tria’ rOtufn thereof, to tsls5Wer or prosecute his of isis or her offencecan be had, the Jus~ os’ her tnaverse as aforesaid; buS ifhe or tic-cs of the said Supreme Court shall, in she cannot be found in his or their ~ai1i- either of these eases, pronounce and de.. Wicks, then to cause public proclamation elate the saidperson indicted ilb aforesaid, to be madeon three several days in one of and not appearing at the time and place thtg courts of Q’iiarrerSessions of the peace appointed for his or her ts’ial as aforemaid, in be lucid foiinc said counties,respective. to he outlawed, mind attainted of the crime iy, between the terre and return days of whereof he or she shall have been indict- the same wtit or writs, that the party so ed as aforesaid, the same Supreme Court indicted shall appear before the said Jtisti- taking care to pronounce and declare the ces ot the said- Supi-esise Court’, ata Su- judgment of outlawry against thO purr. preme Court to b-c isoideti at the time mind cipal offeilder, previouslyto time declaration place contained in the same wr5ts~to an- of ontbawry against the atcesft*y, against swer such imtdIccmcnt, or prosecute his or wholal, mall other respects, it shall be law. iser traverse thereof, aS time came may be, or flit to carry on the proceedimigs together; through delkuk thereof, hO or ~liewill; at andat thesautuetiunethCsaidSupreme court time return of tile same Writ di’ Writs be shall declare the lbgal punishment fof the o,stlutwed amsd atmaimited of mime ct-irn’e sanl crime and wherever iitiprlsffiuiflctst whereof he or sise was inditted as afo~e- shall be pars of the sentente for any ofthe said; and the s-aid se~ondWrit of rapier> said offences, time term thereof shall com~ directed to the Sheriff of due county snence from the time the- person outlawed whete rime - crime hailS been, ot shall he shall, subsequent to his or tIer outlstwfy, - charged to have been commisitted-, shall actually be in the custody of the Sheriff of r,oustahss a fiwtlscr clause,eommaildiiig the the- county where time offencewas, or shaft - Lame Sh>~hlh~in case time persous rnducted be committed, whsicis semiteilcd simail be Lot. as aforesaid, cannot be found mum his baili- ly andpartiCuha1~Yentered uponthe record~ wick, to cause public ad~ertmsementto be of tue SupreisiO Court; and the said ~eui- made in o~ieor more of thepublic Isews- tence of outlawry shall have the legal ef- fect of a judgunettt upon verdi-ct or con- papers of this State, 00CC a week, in sixt atucceeding weeks between she teefC alit fessioti, against the persolt so outiaWCit~ ~—-~nmrtsetf the e,’~’l ~ecoisut•hVt’Lt of rapier, for the offence Whefeupot! 1’t~or site sh~Q S48

and county of Philadelphia; and ~ome 1790 has’um been outlawed, unlCss and until the legislativeinterference may be necessa- - ,,.., same outlawry shall be afterwards avoid- ed by the judgment of the same court, on s’y to remove doubts, or to vest the plea pleaded in the nature of a ~vtit of er- county courts with tue powers given ror-. by tlm’ss act omsly to the Judges ni the ~ 2. When any person outlawed as Supreme Court.] aforesaid, shalt be taken, either i,y ca. ~4. Repeals the act against conjura- %iar utlagatum, or otherwise, or being tion, witchcraft, and dealing with evil iii the ~b~iff’s custody, shall he bs’ouglit and wicked spirits, 1, Jaur. 1, C. 12, to the bar of the Snpt’eme Court, the (see vol. 1, page 114.) court slsall, upon the suggestion and ~ 5. If any prisoner’ shall, upon isis or prayer of time Attcn’uiey-Generai, award her arraignment for any capital or in- e~ecutiomito be douse upoim him or her, ferior oflence, stand mute, or not an- unless - the prisoner shall plead, either 8 uver directly, or sisal1 peremptorily ore tenus, or in writing as his or her challenge above time number of persons counsel shall advise, tIsathe or she was summoned as jurors fur his or her trial, not the person who wCs outlawed, or to which he or site iS by law intmthed, shall assign errors in fact, or in law, tIme plea of not guilty shall be entered su.meieiut to pt’event the award of exe- for lmimn or her on time record, the super. cution; in which case the court slsaht numerary chahlemmges shall be disregard- proceed to ~etermine the same, eitliei’ ed, and time trial shall proceed its the by rims inque~t,or by their owum jUd~-same manner, as if he or she timid put nuent, agreeably to law, and the prison- lminssehf or Iserself upon the county, er shall by such plea hstwe all the bene- any law, custom, or usage to time con- fit and advantage of all legal matters in trary thereof in anywise miotwithsstatsd. his or her favour, as if he or site had ing. (See ~‘ol.1 psmge 112.) brought a writ of error, and han assign- ~6 Whereas it sornetimnes happens ed the several matters pleaded, as er- thatbastardciuilclren, begottenoutofthe rors, Provided, That if anyperson out- state, are boris within the state, and lawed, shall, within the space of one others begotten within one ofthe coins- gear next after the outlawry pz’onouinced ties of’ the slate, are boris in another against him or her, yield himself or county, anddifficulties imave ai’isen about herself to one of the Justices of time tim place of trial; amid it is reasonable Supreme Court, and ofibe to traverse and just that the reputed fathers of the indictment whereon the said out- bastard children should be at time ex- lawry shall be pronounced as aforesaid pense of their maintenance. It is ems- that then is-c or she shall be received to acted, thmit itt time latter cose, the pro- the same traverse, and beingthereupon secution of time m’eputed father shsall be foumsd not guilty, by the verdict of a at the county where time bastard child - jury, of the offence for wh,icis he or site shall be born, and the like sentence shall be clearly acquitted and disclmam’g~ shall be passed, as if the bastard clsiid od of the said outlawry, and of all pe- had been, ou’ shall have been begotten nalties andforfeitures by rea8ols of time within time same county; and in the for- same,, as fully as if no such outlawry mer case, to wit, of abastardchild be. had been lsitd. - gotten out of time state, tumid born with- -- ~3. All the costs andcharges of the in tIme state, the 111cc sentence shall be proceedings to outlawi’y, shall be borne passed, except in the imposition of a mind paid. by the county, where the crime fine or coi’pou’;d punishment, in lieu is laid to have been committed; Provid- thereof, wimich part of tIme sentence ed, That if the person or persons so shall he omitted. (See vol. 1, page 27.) otstlawed, shall have real om’ personal § 7. So macis of the act against adul- e~tftte,the same, or so much thereof tem’y and formication, as declates that as shall be necessary, shall be sold, by whipping, ‘imprisonment at lratd labour, warrant from the comnsissiruners of the or branding, shall or may be a part of said county, atad the ruett proceeds of tim sentence, on conviction of adultery, such sales shall be applied to the pay- is repertlenl; mmd in all cases of cntsvic’- mnesit of time said costs anti cisarges, or non for’ adultery, a 6mm not exceedimmg so far as the same shall e~tund, its e~- fifty pounds shall be imposed, a~din ot!eration of the county. (See vol. 1, addition timereto, the olfendem’ shall be page 116, mind ,Resftubtica v. Tha,z, I Dal- smpuisoned for any time not exceeding las, 86-) [It may not be improper here twelve,, nor less than three tuomiths to ~hsetvc,that the lite changes in the - (See vol. 1, page 27.) Judiciary system, and time abolition of S. In all eases çf felony of death, the courts nsf -Th-~i Iiiv.r, and circuit robbery and burglary, it shalt ansi -- - £curtc in thie Commntien. mmii’ t’emsder out- many hr lawful to punish the receivers lawries impiactkablc ou~of time city of ~ueh felons, robbers amid burglmir~ 549

by fine a~dimprisonment, altlsotsgh the the same at the time ofhis or her trial; f ~ra principal felon, robber or burglar, can- and the said magistrate shall forthwith slot be taken, so as to be prosecuted and cause an inventory to be taken of the tried for said ofh’ences, which convic- said goods, and shalt file time same with tion, and sentence of tise said receiv- the clerk of that coumt in which time ac- ers, shall exempt them from being pro- cused person is intended to be prose- - secuted as accessaries after time fact, in cuted, and shall give public notice in casethe principal felosm, robber oi’ burg- the newspapers, orotherwise by mmdvcs’- Jar, simali be afterwards taken and cout- tising’ the same in three or more public victed. (See m’oL 1, page 115. 116, places in the city or county where thse 119, 273; and see also the 4th section offence is charged to have been cons- of the act in the text.) mnrtted, before time time of.’ ttiai,- notiisg, § 9. Whenever any person om’ persons in such advertisement, the aaid invCii- shalt be convicted of’ robbery or burg. tory, tire person charged, atmd time of’ lary, such person or persons shall be trial; mind if on such trial the accused ordered to restore to the lawful owner party shall be acjnilted, atsd no other or owners the goods and chattels so sto- claimant shall appeam’, or suit be com- len, or to pay to him, her or them, time menced, then, rut rite expiration of full value thereof, or so much thereof three moistims, smuch goods shall he de- a-s shall not be restored, amid rise fbu’f’ei- livered totime party accused, amid he,she ture of his, her or tiseiu’ iaustls and chat- om’ tisey shall be discharged, anti the tels, shall only extemscl to the s’e-sidue county be liable to the costs of ln’os~- thereof, after such restitution made as custloum; but if he or site be convicted afhresaid and time owner Os’ owuseus of of larceny oumly, amid, after restitution goods and chattels, stolen as aforesaid, made to the owner, anti the sentence shall isave like remedy for restitution, of’ time court- being laity complied by executions issued by time court, in with, shalt claim a right in time residue which the attainders shall be had, as is of time said goods, and no other owner provided by an act of Assembly in the shall muppeau’ or claim tue said goods, or ease of conviction of larceny, entithed any part of them, thmat tisen it shall be •i An act forthe advancementofjustice, lawful, umotwithstanding the claim of and more certain administration there- the said party accttsed, to detain such of.” (See vol. 1, page 122.) ~ut such goods fin the terñ’i of’ nine months, to felons, unable to make restitumtioss, may the end that all persons having tummy be discisarged as iussohsent debtos’s, by claim thereto may have full opportunity the court by which he was committed, to come, and, tn the satisfaction of the by act of 28th of February, 1787, (clmnp, court, prove their property in them, on 1~50,ante, page 396.) And by act of which proof th~said owner or owners, 2rths of March, 1790, (chap. 1485, ante, respecth’ely, shall receive the said page 522.) the court is empowered to di- goods, or time value thereof, if, from rect additional labour, in commutation thseir perishable nature, it shall have of the j’est’mtmmtiutfl. Amid, as t~the forfeit- been found necessary to make sale ure, see the 19th section of time 9th ard- thereof, umpon paying the reasonable cle ofthe existimsg constitution.) charges incurred by the securing the ~ 10. When ammy person slsall be tic- said goods, anti establishing tlseir pro- cussed before a magistrat~e,upon oath or petty in the same; bitt ifno such claim affirmation, of any of time said cs’imes, simnU be brought, anti duly supported, and time said magistrate shalt have is- thems time person so convicted shall be sued isis warrant to appu’elientl such entitled to the remainder 01’ time said person om’ persons, or to search for suchi goods, or tim value tlmereof, in case the goods as have been described oms oath same shall have been sold, agreeably to or affirmation to have been stolen, if the original inventory; but if upon an at- any goods shall be found in the custody tainder of btmrglam’yor s’obbery,thsecouu’t or possession of’ such person or persomsa, - ~luahh,after dime enquiry, be of opinion or in time custody or possession of any time said goods were not the property of other person or persons, for his, her or studs husgiar or robber, they shall be their’ use, and there is probable cause, delivered, together with a certified supported by oath or affimmatioum, to copy of time said inventory, to the coin- stispect that other goods which may he missitunes’s of the county, who shah discovered on such search, are stolen, endorse a receipt thuerefur on the origi- it shall and may he lawful for time said nal inventory, register the said invems- magistrate to dimect time maid goods to tou~yin a book, and ruiso cause the sante be seized, amid to secure the saimme itt to be pubhicly aulveitised, giving notice isis own custody, unless tue person in to sit persoums claiming the said goods whose possession the same were found, to prove1 tiseir pu’nperty therein to the shall give sufficient surety to pu’oduic-e an’s commissioners, and unless gsm~h ~‘ proof ~halI~emsi~ewithin~three esonth~ wherc inabivent debto~rsin other case~ floes fthe date of such advertisement, apply for such discharge. ‘L~~ the raid goods shall be pubiichy sold, ~ 13. ‘Where any person shall ii~ mmd the neat mummies arising from such brought before a court, justice of the sale shalt be paid into the county trea. peace, or other magistrate, of any city srmry, for the use ofthe commonwealth. or county imm this ssotnmommwealtlm, having j’,’ovided, That if any claimant shall ap~ jurisdiction in the case, on the chargt pear within one year, anti prove his or of being a runaway slave, or of having her property its the said goods to the committed a crime, and such charge satiaf*ction of the conimnissioumers, or, upon examination, shall appear to be in time case of dispute, shall obtain the ummfounded, no cost shall be paidby such verdict of ajttry its favoimt’ of’ stick claim, innocent persomm, but the satuse shall be the said cbumant shall be entitled to chargeable to, amid paid out of the coun- 5-ecovem’ and receive from the said corn- ty stock, by such city or county. Thissioflers or treasurer,the neatamount ~ 14. The expenses of the removal of the monies paid as aforesaid, into of prisoners fu’om one coumity to another, the hands of time said commissioners, for trial, sisall be borne and paid by the or by them~upaid into the treasury of county, to which lie, she or’ they shall this commonwealth. be thus removed for trial; and where- ~ 11. The costs accruing on all bihlø ever by order of the Governor, or one returned ignoramus by the gvaumd jury of of the Judges of time Supreme Court, time city, or any couumty in this common- any person charged with havimig coin- wealth, shall be paid out of the county initted an ohlbmmce in one coumuty, shaU stock, by time city or county in which be removed into another county for safe time prosecution commenced, and not by custody, or shall be tramsapom’tedfroma the party charged, before such grand another state into this state kr trial, jury, ‘with any felony, breach of time the expenses of such removals, or trans- peace, or other indictable offence. (But portations, shall be pndd by time State by an act passed 7th of Decenmber, Treasurer, on the order oi’the Govern- 1804. cluap. 2513, iii all prosecutions, or, asmd the subsequent expenses shalt eases of’ felony only excepted, if the be at the charge of the county where bill or bills of indictment shall be u’e- the fact ‘ma supposed to have been corts- turned “ ignoi’unmtms,” the grand jury mitted. (By the third section of the ‘who returiss the same ~hiaiIdecide and supplement of4th of’ April, 1837, (chap. certify oum such hill, whether tIme county 2805.) Where any person charged with or time prosecutor shall pay the costs of Itayimig committed a felony, in the City prosccumti’t~; amid time couss’tin which time of Philadelphia, or in any county in this dctermumiumationshall be made, sitaR forth- state, shall go, or escape into any other with past eentnee to thimmt cfl’ect, and coismity of this state, or into the city erslei’luinm, item’ tn’ them committed to aforesaid, it shah a~sdmay be lawful for the gaol of time couumtyuimt’il the costs are the President or any Judge of’ the court paid, un1e&~mu he, the or thcy give se- of Common Pleas in the county where curity to pay the same - in tcmm days. the said pem’son may be found, to lassie This provision i-s made pnm’petumal by aim Imis warrant, authorizing and requiring act paacd 29th of Match, 1802,) time Slsei’iffof tise ~~id county to take ~ 12. Every-pem’son and persons, who the said person, and conduct him or her is, are or ahail b~held in cosifitmement to the proper city or county where the by order or juudgunemmt of any count of said felony is alleged to have been this commonwealth, f’of the costs of committed, the expemsacs of which shah prosecution, shall be imititled to time be paid to the said SherifF by ths~cotun— benefit of the reveral acts of Assem- ty or city to whicis the said person is- bly of this commonwealth for time re- comsducted,-.-.And—By the secommd sec- lief of iumsol vent debtors, mind may be tion of time fbum’tir am’ticle of time consti- dischtsm’ged from pet’souiai imprisonment tution of the United States, “a person by the court in which such prosecution charged in any state with treason, felo- was or may be had, so far as regards ny, or other crime, who shall flee front confinement of their bodies for said justice, and be fouumd iii amsother state, Costs, if suchs court shall, on considers- shall,on demand ofthe executive autho- tioms of the circumstances of such per- rity of tue state from which lie fled, be son or persons, finding that lie, site or delivered up, to be removed to the state they shall be utrmable to discharge tIme Imavingjurisdiction of tIme crime,” Amid said costs cf prosecution; provided that the manner in whmis such fugitives from the like previous notices of sutch appli- Jusuce are tim b apprehended, secured, cation for duschstrge fm’otn cotsfiumement and delivered over, is prescribed by sit be given to the sevr’rai prisons intCrest- act of Coimgres~ passed February 12th, inthe said, costs, rus the law requires 1793-) § iS. In allcases wimere aumy person bath bust if such person shall be cQnvictedby been, sismce time passiisg of the act in confession, the coum’t shall proceed, b’sr tIme text, or shall be convicted of any extuisiutatioum of witnesses to determnjmj~ offence or ohtences, which shall be the degree of the crime, and to give pumitishable capitally, or by imprison— sentence accordimsgly.. - memit at hard- labuimi’, time coimniy where ~3. Every person liable to be prose- the crime Itath beemi or shah b~com- cuted for petit treaaoim shall ‘mum f’uuure mitted shall pay the costs of prosecu- be indicted, proceeded agaimst, and tion~if the defemsdant hiathi smut property punished, as is directed in m,ilsei’ k’mumd~ suflicient to discharge time same ; but ofmui’der. (See vol. 1, pa-. ill.) where the same person birth been, or § 4. Every person duly convictedof shall be coimvicted of divers offences at time cr’imne of high treason shall be scum— tli~same term or seas’s-sums, the costs of teisced tis umstlergo a coutllmmenmeimt itt the prosecution on one of the indictments gaol and penitemiriary-house of Phila— trniy, shall be paid out of tire coummty delphia, for a period not hess- than six stock. nor more tls~ntwelve years, and shtsW ~ 16. Repeals any former acts ofAs- be kept thereims at hard labour, or in - sembly, and all otiser pai’ts of the crimi- solitude, susti shall iii all tisimigs be nal law of the state, and forms of pro- treated and dealt with as is prescribed ceedinga relative thereto, so far as this by an suet, eustitled, “A-n act to i’efoi’utr act has altered iii’ supplied the same. the penal laws of this state,” oi’ by tiits Provided, Timat all prosecutiomis, convic- provusions- of this act; that eves’y per-. tioim~,attaiutdes’s and outlawries, or other son duly comsvicted of the crime ofarson proceedings heretofore duly andlegally or as being an accessary thereto, sIsal had or wade, or which- may be had or he sentenced to utndem’go a siummiliri’ coo~ made under the former laws of thur limmeunen; far a period not less than five state, during the existence thereof, nor more than twelve years, under time shall have the like force or effect, as if same conditions as are iserein express~ this act had not been made; and that ed in - the first clanie of this section sum all cases, where by this act any new that eveu’y person duuiy convicted of’Use ~tsnishment is declared for any offence, crime of rape, or as being *~cessary that the said formeracts of assensbly, thereto before time fact, shalt be senten- aisd all other parts of time crimniumal law, ced to oustlergo a siumuilar coitflncment, alsall remain and continue in force, with for a period of time hot ie~stitan ten respect to all such offences ashave been years, nut more tlman twenty-one years, committed before the passing of tisis unileu’ the samne eoimditions as are here- act. in expressed in time first clauseof this ~ 17 & 18. Respecting the mmppoint~ section; that every pem’sois duly con- memmt, and powers of th~inspectors of, victed of the crime 01’ nsurder, of the time prison, Imave been already stated.— second degree, ~hail be sentenced to The criminal law has undergone con. undergo a summilar cwshimienseust, for a pe~ ssderahle and important changes by an tiod not less titan five years, nor more act, entitled “An Act for the better than eighteen years, uusrler the saints pi’eventimmg of cu’inmes and for abolisising commditiumms as ate itereut expressed iii time punishment of’5 deatim hum certain the fii’~t~lauseof this section, (Seevoh. cases,” passed the- 22d - of April, 1794, _t-, pa.lll, 435, 451,499.) (chmap. 1766.) By this act it is enacted 5. Every person who shall b-e con- that no crime whatsoever, hereafter- vicmd of havimmg, after time passusg of’ committed (except muuu’der of’ the first this act, £‘ulseiy forge-tinod counterfeited degree) shall be pimusised with death any gold or silver-coin, which now is or in the state- of Pemtnsylvammia. hereafter shall be passimig or ~ncircula- ~2. All murder, which shall lie per- tion witlminth-’us state, or of’having’ false- petrated by means of poison, rum’ hy lyiuug ly tittered, paid, or’ tendered in pay- in wait, or by any otimer kiumd of’ wilful, menu, any such counterfeit and forged deliberate and premeditated killing, or coin, knowing time same to be LOrg’e-d ~.vhich shall be commitied in the ~‘er- and counterfeited, or ha-rung aided, ~)etruttion or attempt to perpetm’ate ally abetted, or commandedthe perpetration arson, rape, robhcm’y, or htmm’glzmu’y, shall of either of the saki crimes, or shall be be deemed murder of’ the first degree comscermmed in printing, signing, or pas- amid all other kinds of mumeiki’ ~)nuh1be sing any countm?rhi-it notes of time Baumirs deemed musi’der in time secustid degm’ee -; ofi’enmmsylvanimt, North America, us, the and the jury, befare- whom a~myperson United Strmtee,knowing them to be stich, - mdict~dfur msusrder sitaR be tried, shall, or altering any gemwiume notes of’ any of it they fluid suebs persomm guilty thereof’, time- s~mi~fbonksshahlbesemtextceilte tnt.. aScertain iii their verdict, whetlmer it dergo a confmumenient in tts~gaol and fs murder ofjis~first or secondclrgm’ce;~ punttent~ary-i~ous~alijr,e~tsnLfun’ any 2

1790. time, not less than four, nor more titan indictmeut, in which case time jury may fifteen yea-i’s, and shall be kept, treated acquit tise party of one, andfiusd hinior ~ mind dealt with in time manner aforesaid, her guilty of the otiser charge. and shall a-iso pay such fine as time court 9. All claims to dispensation from shall adjudge, not exceeding one tlsou-. punishment by benefit of clergy, or sa-nd dollars. [For counterfeiting notes bemmelltof the act of Assembly, entitled, of the Bank of Pluiladelp/iia, by act of “An act for the advancement of jus- Stir of March, 1804, (chap. 2439,) or’ tice, and more certain administration of theFarmers and Mechanics bank, tlsereof,” shall be mmd hereby are for- by act of 16th March, 1809.). ever abolished; and every personcon- § 6. Whosoever, on purpose and of victed ofany felony, heretofore deemed malice aforethought, by laying jim wait, clergyable, shall undergo an imprison- shall unlawfully cut out or disable time ment at hard labour and solitary con- tongue, put out ass eye, slit the nose, finement, in the gaol and peniteustiary- cut off the nose, ear or lip, or cut off house aforesaid, fOr any time msot legs or disable any limb or member of atm- titan six months, andnot more titan two timer, with intention in so doing to maim yea-i’s, and shall be treated amid dealt or disfiguresuch person, or shall volun- ‘with as is directed in time act to reform tarily, maliciously, andof purpose, pull the penal laws of this state except in or putt out an eye,- while fighting, or timose cases where somsse other spocmflc otherwise, every such offender, Imig or penalty is presci’ibedby time a-ct a-fore- her a-ideas, abettors and counsellors, said to reform tire penal laws of tisis shall be seustenced to undergoa coimfine- state, or by this act: (See vol. 1~pa. nment in the gaol and penitentiary house 117.) aforestid fur any time, dot less than § 10, Every person convicted in any two, nor more than ten years, and shall county in this state, other than Phila- be kept, treated and dealt with in ma-n- delpimia county of a-ny crime (except user aforesaid; and sitaR also pay a fine niurder oftime first degree) which now not exceed’mog one thousanfi doliars~ is, or on the fifteenls day of September.. three fourth parts whereof aba-il be for one thousand sevems hundred aumd eiglsty- the use of time party grieved. (See vol. six, was capital, or a felony of death, 1, pa’ 114.) withmout benefitof clergy, or of know- § 7. Whosoever shall be convicted of ingly ttttei’iumg conntem’feit coin, or of any voluntary man-s1~ughter,hereafter being concerised in printing, signin~,or committed, shall be seimtenced to un- passing any counterfeit notes ot the dergo an imprisonments at isa-rd labour Banits of Pennsylvania, North Ames’ica and solitary ~omsfinenmemsC,in time gaol or of the United States, kmmowimmg thseumi and penitentiary-isouss of’ Philadelphia, to be such, or of altering any of time for’ any timne not less titan two, isor genuine notes of either of time sai& more than ten years, and to give secu- banks, a-hail as soon as possible,be safe- rity for isis or ,hser good behaviour dur- ly removed a-ndconveyed by time Slscrifh, ing life, orfor anyless time, accordimig and at tlse expense of’ the common-- to the nature and enormity of the of- wealth, to the gaol and penitentiary- fence; andfor the secottd offence shall house aforesaid, and therein be kept be scntermced to ummdei’go an imprison- during the term of tiseir confinement, ment at hard labour amid solitary con- in time ma-flumes’ and on time terms men- finenment, in the gaol a-nd penitentiary-’ tioned in the thirty-fourth section ci’ house at’oresiuid, for any time not less the act, entitled “An act to refom’m time than six, nor more thaum fourteen yeas’s. penal laws of this state ;“ and every- § 8. 1,Vheresoevei’ any person a-ha-hi Shei’iif, who timaiL neglect to remove he charged with involuntary mats- and safely deliver at the gaol nfos,esaid slaughter, happening in consequence of such convict, within forty days after’ a-us unlawful act, ‘mt’a-hi all a-nd urmay be law- sentence is prommormneed on the said con- flu for time Attorney-General, or other vict, shall forfeit and-paythe sum of one persmn prosecuting the pleas of the hundred doilars, to be recovem’ed in army comnmonwealth, with the leave of the court of justice, a-nd applied, one halt’ court, to wave time felosty, and to pu’o- to.the use of the couumty hum wisich time ce-ed agaimmst and charge su~hrparsour olrcruee tvas committed, time otlser to with a nsisdemmscmtnor, amm,l ~ogive mum evi- a-rich pei’somm as a-bali sue for’ the annie. dence any act or acts of nman-miaughitai’; § 11. Every person convicted of a-a-i and suseim person om’ persomsa, on cutuvic- of’ the crimes hart aforesalul amid w1m~ uon alsall be fined or imprisoned, as hum a-Isa-il be cortlitied in thu ga-mit and pemmi. cases of nmiadt’me:ummor ; or the ca-id At- tentham~.lmoiutr.rufui’e~a-id,timmtl(be pincet torney-General or’ other pes’soum prose-- aimd kept hi the coiitary ceh1~tlse-rett’r curing time plea-s of the commnon~veaIthl, on low and coarse diet, fbi~simeb pa-vt or inas’~chmisr~.~both— tl3uius~et,its tho ~ povtmnn of the term of his or her inu—~ .558

prisonmei%t, as the coUrt in their a-en- the 22d and 23d sections. of the act ill tence sisall directand appoint: F:ovirkd, the text.] 17~a~ Tisat it be not more than one half, u~r § 14. If any person shall hereafterbe less than onetwelfths part thereof: and comtvicted of any crime committed be. tisat the Inspectors of the said gaol - tOre the passing of this act, he or she shall isave power to direct the mule- alma-li be sentenced to umusdergo a-ucla- tiomt of time said solitary confinement at pains andpunishment as by time laws such intervals, and in such manner, as - now in force areprescribed and direct- tlsey shall judge best. e& unless such convict shall openly - § 12. WIierea~,it is of’ importance pray time court, before witom such coms~ that ih~enature of the offence, and the viction aba-il be had, that sentence in~y former conduct and character of the be proumouinced agreeably to time proj convict, should be known by time said visions of timi& act for the hike offence lmmspectors, and their successors in of- in whiehcase, the said court shall corn-1 - Lice: .Be 1~ezmacted, &c. Tl,iat whenso- piy with time said prayer, amid pass a-ucla- - ever ausy pes’sou,i -shall be convicted of’ seuttemmce on such convict, as tlmey would ally cmime,~which, cmi the sa-id fifteenth have passed had the said offence been day of’ September, one thousand seven comnsmmitted subsequent to time passing of lruusdred and eighty.six was cuupital, or this act. - - a felommy of deatim, or shahl’be removed § 15. Every persoms convicted of mut~.i from a-ny county to time gaol and peal- dci’, of the first degree, isia- or her - tetttiary.lmuuse aforesaid, the court, be. aiders, a-bettors amid counsellors, shalt - fore whom audi convictionis had, shall, suffer deaths by hanging by the neck. w’uthiu forty days after such offender is - ~16, No poison iisdicted Tor an~’ removed Irons the said county, make, crime, the punishment whereof is a-Ia andcause to be transmitted to the -said tereci by timis act,shall lose aumy peremp- Inspectors, a report or short accountof tory challenge, to which he or site -the cii’cuurnataimees attending’ time crime would have been eumtitied, had this act committed by sucimconvict, particularly not been passed; nor be liable to ime suds as tend to aggravate or extenu- tried before a-ny court other than the ate tIme same, and also what character Supreme Court or Court of Oyer arid the said convict appeared on tire trial Terminer in the county where time fact to sustain, and whether he had at any was committed. [See section 2 of the time befOre been convicted ofany felo- - act hum thetext.] flyor other infamous cl’ime; which ye- . § 17. Ifany woman shall endeavour port thesaid Inspectors shall cause to privately, either by herself, or Use pro- be entered in books or registers, to be curernent of others, to cousceal time - provided for’ that purpose. death of any issuse of Imer body, male or § 1~3.It’ rosy person convicted of any female, hich, if it were boris a-live, crime, whicit, on tlse said fifteenth day would by the law be a bastard, so that of September, one thotisammd seven hun. - it may not come to light wlsetlser’itwas dred a-nd eiglmty.s’ux, was capital, or a born dead or alive, or ~vhethes’it wess frioumy of death,without benefitof’ cler- murdered or not, every such mother,. gy, shall commit any such ofFeumce a beimmg convicted thereof, shalt suffer im- • second time amid be thereof legally con- prisonmfnt at hardlabourin the county victed, lme or’ site strati be sentenced to gaol of the coummity wlmerethe fact-was undergo au imprisonmnemut jut the said committed, or’ in the gaol and perntesm- gaol atud penitentiary-house, at hard- tiar’y.house aforesaid, for any tume not laboum’, during life, and a-ba-U be con- exceeding five years; or shall be fined Lined in the said solitary cells at- such and imprisoned,at time discretion of tire times, andin such manner, as time In- court, according to the nature of the - spectom’s shaLl dim’ect; a-nd if any person case; andif time GrandJury shalhmn the scmstemice,d to Isa-rd labour amid solitary same indictment charge tiny woman commflnement, by vimtue of this or any with time murder of her bastard child, former act, alma-il escape, or be pardon- as well as with the offence aforesaid, ed, amid after his om~her escape or par- thejury, by whom such woman shall dots shall be guilty Qf anystick offence, be tried, may either acquit or’ convict as on the said fifteenth day of Septem- her of both. offences, or find her gumity one thousand seven hundred and of one, and acquit her of the other, as (‘ighty.six, was capita-b, or-a felony of the case may be. [See voL 1, pa. 11~, - death, ‘a-’itimoa-mt befiefit of clergy, such mud section Li of’ time a-ct im~the text.) person a-luaU be sentenced to undergo § Ia The conceahmentlof the death a-us imprisonment for the term of tweus- of a-ny such child’- ~hahlnot be coñclu- ty.flve year’s, and a-hail be confined in sire evidence to convict -the party in- the solitary cells aforesaid, at the dimi- - diete4 of’ the muyder of her child, s-rn- - e-tetion of time a-a-id Inspectn~a-. [See less the cmrcom~taflc~atteistlung’ it b~ v~1,.:ii. - ‘ - 4~A. - - ‘1~9@ such as aliafl ~trtisf’ytlmd muimud df ‘the ‘fru’thcr ‘emsacted, § 2. ‘i’mat lum all oasis ~ jury, tisat she did wilfully and -matiei- ol’ 1ar’ciny~~*(mereinby tlte.laws of-this ousiy destr9y ana’ take awaytime ‘lifeof counmon~ealth,in - addition -to ‘resa-itu- such chilcL [See vol. 1, pa. ‘1-13, ‘a~Ld ‘tion of-goods a-tOlesi, it is directed that ~eàtion6 oftime aCt. in’the’text.3 any pei’iuon coma-ricted of’ ‘such crime, ‘~,19.Tire several acts of Assembly ‘shall’ pay to’tlse commonwealth time like of~this commoutwealtim, a’n~d suds’ parts ivalue - of’ such ‘goods, and in ~l1 caser, thereof, so far as time same are ‘rep~g- wisere bytlaw, atfixed’ orspecific fitmetis riauitto or supplied by this act, ~nd- no affixed to the commission of any crime, furfimer, thallbe, and her~by‘are, ~e- ~tlse‘court, before which conviction of pestled, anyt of’time ~rimesafor’esaidshail-be’had, ‘fly a su~lpl~meutt‘to the ~nal ia-wa-, ‘is hcreby-~a-ithorize’dmilieu thereof,~te ‘Imssed 20th. Of ‘~fau’~h,179T, ‘(~bap.‘aeutence the Ofluumuder tu pay such fine ‘1 9lii,) flil costs accruing 0mm a’1Itbllis~df as time said court, in Its- discretion, may indictment foumal ‘by the grand jUry Of ‘judge -ri~1mt;Provided, the same a-hull ‘time city, ~r’any couuity in’this cOumifuson- t- not e~eetr-the rfmne heretoforeuffixed wealth, cisaygiumg a p’arty whim aumyTeio- by law. - ny, brda~h 61’ ~he pea-ce, or Other in- -~‘3. ~If’any person or persons shall dictabie offemsce, a-ha-li, if such,party be ‘-wilfiuiiy set - fire to -any’ barn, stable or acquitted~yapetit juty~on time traverse - out.hotmse,’or to ttny barrack, - rick or of the saimse,’be paid out ofthe county ‘~ta-e&ofImay,grain or’ bark, with ia-tent atock, by - tue - city Or county in ‘wimiclm - to’destroy- the same, or a-Is-all be an ‘a-c- the prosecution commenced. (But, by ‘cessary, - cm’ necessaries bttforu the fact, an act, passed 7th Of’Decem’Liber, 1804, ‘suCh person or per’sons being thereof in all cases Of acquitals, by the pettt~jn- ‘i~gaUy’convicted ahehl suffer ~n impri- ry, on iu*lIctmeusts, cases of felony only sonmemit ¶t hard laheur us - the jail-~nd6 excepted, the jury trying time same ahilil pem~ituuitiaryhouse in the city of 1”, 11a- ‘detet’thurie by their verdiCt ~‘hefiier the rlelpMa, ‘for’ rosy term not less timan hive. coummty’, or tire prosecutor,‘or the dc- years,~us-or-rnoretha~~twelve-years, -and fendant, shall, pa~ithe costs Of’prosocu- ‘pay-a flue not- exceeding two thousand - tious; -arid the jOry so determining, lum dollars, ‘at the discretion of the court, case they direct the’proseeutor’to pay § 4. Any of time presidents -nftho thse co’sts, shall name him or’tbron in cOmmits Of Comffion Pleas, mruay admit to their return, or verdict; ~nd in stick bail aumy pem’sosi -accused ofa-ny or either case, the court, in ~4uiclmthe said de- ‘of the crimes of robbery, bssrglary, so- termination alma-Il be mtde, sisal forth- “dornyor buggery, - as fdlly, amply and with pass sentemmce to that effect; and effectually, as time Judges of a-hue Sir- order hslrn her or the-rn tts be eommitted pres-ne Court, os souse, or one of- tisemu - to- tlse gaol of the county until- the cOsts utmiglit 01’ could do s-murder the not-Ims’ tire are paid, unless’ he, she, Or they give text. (See scot. 2.) - security to pay-time a-a-inc in’ten days.— By an a-ct efutitled “ An a-mct to re~ This ~rovisiom-iis made perpetual by aøt stralum tire horrid-practice of’ dueiiing,’~ of 29th of ‘March, 1509.) - ‘pa-s~ecl ~Is-t -of 1t~as’~h,1806, (chap By a-ct of 3d of ‘April, 1804, (chap. ‘2717,) if any ‘person withmin t~’ma-corn~ 2510,) everypcm’son who shalt comusit Tsuonw~ahs-isshah challenge by word or perjury, or suborn, or procure anyper- writing the person of aim~them’,-to’~ht son to commit perjury, by wilfully arid at sword, rapier, pistol or Other dea-diy ~faiselyswearing or afius’n’ming, sthmall, up. weupotm, or’ If a-ny person so challenged on being thereof”comnicted in mrnycouu~’t ‘shall accept the aa-id ehma-Uenge~in’eitltdr’ of law witimims thus commonwealths, for- Citse, such person so’giving, ou’senui- fo’rt and pay aumy sum umot exceefiitmgfiv’e ‘imig, or receivimsg a-ny such challenge. hundred dollars, antI suffer isa-prison. aliall fhr such ofl’enCc, ‘being timeu’eof me-nt, and le keptat Istird Iabo~rd6riuug lrrwlhliy ca-uiviuted in ‘any-couu-t - of s’e- ‘any term not excOeding’ a-eve-mm years~at cord withiim this coismmoimwr.dths, by time ‘the dtscr’etiomm of’ the coutt bOibre wlmom ‘testiusmoimy of one a-u’‘ia-ore witmmcss’ess, or - - such convicti,ois shall be had ; aid f’ur- by cumifesrioms, forfeit and pa-~’the simm timer, sisahl threreafter be disqualified of five- hunfited delIa-ia-, tumid sisali ssrfhhmr’ fm’om holding’ any dffic~of hrunomui’, u’ost Oneyear’s ixnpi’isoiuncmut-at isa-rd labour or profit in this cnmnmonweahliu, a-mud ~n the a-trifle- manner as con~’ieted,felouig from tue-mg admitted as a Legal witnCgs tIre slow ptuumisis5d, anti moreover alma-li in any matter of coumtros-emsy - forfeit and be dej~rivedof all u’l~iutof’ fly the act entitled “ A smippiemeust ‘citzenship within this commons-reukis to sundry penal laws of this co’mmdul- for the turns of seven years. -wealth,” passed 21~tof March, 1-SOd, ‘ § 2. Ii’ ammy persoms shall viill~muply’usJ54 (chu~p,2687,) Lhe first section of which, ‘kmtowsng4yetmrry and deliverany’s-vritteus has beaus beforecited in this ‘notes it is ‘dmaflenge, our a-hail ~erhitrhiydefivem’ tummy 555-

message, purporting tobe-a challenge, - in all prosoontions under ~1riesectionbe-- - L,7,9Q~ or a-ha-li consent to be a- soeon4 in any sumsmnotm~d,its a- ‘rvi~ness,a-nd accepted, s.,..,.~j such intended dneh, and shall be there- by the courts as a good witness,again at of legally Convicted as aforesaid, Ise or the’ writer’ or’ writers of such pub]~ca- they so offending, slmall for everysuch (lout or hand-bill; and if, the, said prin- offence, forfeit and pay time suns of five ter or printers, whe-us summoned before Imundred dollars, and suffer one yeam”s - the court, shall refuse to give up the, imprisonment. at hard labour; in time- writer’s na-meor names, the court simalt Sante manner r,s convicted felons are consider isim or them a~time author or now punished, a-nd moreover a-ira-li for- autisors thereof, and proeeed,topunisI~, ewer thereafter be rendered incapable hint or the-sm accordingly. 4 of Isolding anyoffice of huuimouer~trust fly the first section,of. the act of~tlb or’ profit, within thi~commonwealth, of April, 1807, (chap. 2805,) before ci~ which incapacity shall he declared, amid ted, instead of two yeaxa- imprisonment, snade pa-it of the judgment of the to,wlsicim thepower of the~ourts,ofthis court, commonwealths is limnited,iui andbZthe, § 3. In a-fl)~case it shall be a-uffi~ictmt- fourth section of the act in t~çtext,, tà form an indictment, generally, ugiriust thea-a-id, courts respectively shall isere~ ~eitfser of~the principals, for’ chaileng~ after’ be invested with the- powerof o~ç- sng’ anotherto light at deadly weapons, temuding the conlismement 1mm such cases,, aumd notwithstanding it may appear out to a period not exceeding seven.years, tins trial that time defendant cmlv accept-- in tlmeir discretion, according to thecb,’•’ ed the challenge, it shall be sufficient, cnm~stammcemm of the case bef~m’etime-rn; to oonvict, and render him liable to- provided, that the power titiu~qonfeared~ the penalties of this a-ct, amid. le- like, cmi the, said co~srtsshall. not-e?c~en,4to manner an indictment against- time se- o~epcesenumerated, in said, sa-Otiqn, uf coumds may be framed generally for cars bigamy, or of being an agces~a-ty,aftei~ x’ying and dtiiv.~’iim~a challenge, a-nd, the fact, in, any.felony,, or of r’eceiving proof of the mera act of’ fighting, and stolen goods, knowing then~to ia-we, the defenda,m~being present tlses’e~t, been stolen, - sisall be sufiici.n,t to couwkt the defend- fly an act.cuititled ‘~Au act to declare mint upoua an imr4i~tnsemtsçu frg~et3,and mrrsç~umeradesand nsa-squued. balls to b~ if the duel tiba-li take-place witimin this common, nuisances, and topunish tlmos~ commonw-eidth, the use-re fact of fight- who promote or encourage time-sm,” p,as,- lug shall lme ftmll a-nd complete evidence- a-ed 1,5th of Feb’y, 1$08, (chap,. 2903,) of the- charges respectively of giving oc ~t i~ cnacted~that ma-acme-nudes om~ receiving, or of carrying- or delivering,’ niasqued. balls be, and they itre heu~eby a citaiiemsge, withm~utothem’ proofrhereof~ declared to be, comnso,us nuisances; ~ecI § 4. If aimy persomi shalt have know~ cvem’yhousekeeper witlr,in tlmi~co,ummen~. ledge of any clmduenge to fight’with ausy wealth, who a-isa-il bumowinghy pe-imitor deadly weapons given or received ô: suger a- masquerade or masqued ba-U, to ‘sum anymannerbe witness to tlse faot5 of be held- or giszo,n in J-t~sor her house, mmcli challenge, duel, or fighting, not and every person wlmo, simall sea- on foot, being ~ second thereat, or party crimi pronuote or eno,Qo,s’age,~W~y,masque-rustle imuul therein, amid shall conceal-the a-amuse, or masque-tI-hall, and evem’y person ‘who a-mmd do not inform timoreof, ime or site sIsallknowingly attendor be presemfl aJ~ - shall be gmuihry of a misdemeanor; and a-mw masquerade or ~a-squetI, ball, iii iij)m)fl cu)ttvlctioms tise-reof) shall be ad4 nsa-sic, or othe-rwis,e, - bein~thereof le- judged to pay afine of fifty delia-i’s, and gaily convicted io, time Mayor’s Court moreover suff~a-~mmmc )nom)tisa in’uprisomi- of the city of Philadelphia, om’ in a-ny’ fluent, without bail or’ mainpi’ize-.- - Cous’t of Quarter Sea-sbus, ruf the Peace, S 5. Ii’ a-ny person or persons shall om’ Oyer and Tcm’mincr and General Ga-id presume to pumblish its any newspaper, Deltvcry, a-isa-li, for eaph and evei’y seek - Ut’ post by hand-bills, wi’itten or print- offence, be sentenced to, aim impm’is,o~ ed, or OtimerWise, any cUte-i,’ person or moist not e-xceeding tiuree months, persons, a-a- a coward om’ cowards, ~ amid to pay a fine. not e~tcec,t1ingomso, cal or rascals, Ihiror liara-, or’ muse any a-1toU~a-mmd, nor less titamu fifty doflars, *)tlmet, irritating abtua-is’e laisgumage for mmcl to give security in sicch simm as the nut accepting a challeumge, or lighting a couim’t,mta-y direct to keep the peace, a-n4 uhuuel, a-much persoum or pem’sons-shalI for be- of good belsaviour for one year. suet offence-, being thei’e-of conviotec1~ 5 2. Prescribes, a- guuimeral forum, of in” ,.,be- subject to the same pumuishnient as di~tnl~t,un4yr which, aimy of the of~ though lie- or- they had,. fuuuglst a ditch, fences deciate4 in thefirst see-a-ion may :is provided by the th’st sectioum of thia- he given in evidence-, as, if tlm~game had a-e-t, amid the publisher or printer shall be-en thereiu~particularly set forth am4 179D. described; a-mud. no exeeptioum shall be or in behali’of, or as agent for aimy body allowed to such indictment for insuffi- politic or corporate, of’ anyforeignstate, ciency of form. kingdom or country, any company or’ Every personor persons wlso shall be co-partnershsip of foreigners, orany per- concerned in any banking house, or of- son or persons who is or are not aciti- fice of discount a-nd, deposit, in tlmis zen ot’ citizens of the United States, state, under a-ny company incos’porated within this state, everysuch person so by the laws of a-ny other of the United offending, shall, on conviction in any States, on conviction thereof in airy court of’ competent jurisdiction, for’feit court of justice within this state, a-Isa-li, and pay the sum of five thousand dol- for every such offence, forfeit amid pay lars, for every such offence, one halfto for the use of time- same, two timousand the- use of tire commonwealth, and the - dollars, &c. Act of 28th of March, other to the use of the informer, who 1808, (chap. 3002.) shall sue for time same. If any citizen - Unincorporated banks shall not issue of this commonwealth, who shall ma-Ice ‘any notes in nature of bank notes, pay- or renew amsy contract or policy of in.~. able to bearer, om’ order, or otherwise; surance, as a party insured with a-ny fo- or loan anysum or sums of money open reign company or corporation, anyagent - any actual or accommodation note or or agents for a-ny such company or cos’-, notes; or receive any sum or sums in tuie poration, or with anyperson or persona. ~a-ture of deposits; or do or perform who is or are not citizeums of tIme United. any other act which an incorporated States, every personso offemmdimig, a-hall, banking company may lawfully do; and, on convictiOis in ammy court of competent each a-nd every person so offending, jurisdiction, forfeit and pay the sum- - a-bali, on commviction thereof, before any of five hundred dollars to the muses a-fore- Alderman, or Justice of the Peace, for- said, and ‘in all and either case or cases, feitand pay for every suphm offence, the the policy or policies shall be deemed sum of one hundreddollar’s; one halfto and received as conclusive evidenceof tue use of the infbrmei’, and the other’ such contra-ct or insurance; ?ro’oidcd, half for the use of the commonwealth; that the penalty iserein mentioned shall a-nd it is declared to be unlawfulfor any not be constm’ued to extend to any case person or persons to make any deposit of marine insurance made in any foreign in soy such bank, or to offer at anysuch- country by any agent or agents for a-ny bank any actual or accommodation note American merchant or merchants, so - for discount; or to take oi’ tm’ansfhr any as to secure time vessel or cargo belong- a-hare or shares of’ the stock of any such ing to any American mere-haul, or mer- assoc’uatiomm for the purposes of banking; chants; nor to prevent any foreigner or and a sisiuiiar forfeiture, in like manner foreigmmers from Isaving his, her or their recoverable, &c Payingand receiving property insured within this state, ex- the notes as’e a-iso declared to be Un- cepting only an alien enemy. Act of lawful; and all payments whicim maybe 10th of March, 1810. made or accepted, wherein any such No person shall be subject to prose- note or notes a-hail be the ntediuin, shall cution by indictment in any ofthe courts be, and the same are declared-to be of this commonwealth, for the publica- null a-nd. void. Act of 19th of March,- tion of papers examining tise pm’oceed” *810. usgs of (he legislature or any branch of - No body politic or corporate, of any government, or for investigating time o1~ foreign state, kingdom or country, no ficiai conduct of ofilcers or men in pub- company orco-partnership of’ foreigners, lic capacity. )iy th~mse1ves,o; any agent or agents In all actions or cm’inminrul prosecutions e-f such company or coparunershmip, and of a libel, the defendant may plead the -- iso ~ei’son or persona- who is or a-re not truth thereof in justification, or give a citizen orcitizens ofthe United States, the same in evidence, and if any prose. shall be insurers in anycase within this cution by indictment, or ausy action be state, against ices at sea, against loss mnststuted against anypersonor persons by fire; upon any pfopel’ty withium the comitrary to time true intent and meaning same, upon die inland transportation of of thus act, time defendant or defendants nmmy goods, ware-c or merchandize, in or in such action or immdictment may plead oust of tiuls state, or upon the life or tlmss act in bar, or give the same in evi- lives of a-ny persoum or persona-, rcsidirmg dence on thepleaofmietguilty~TocoIm- within the sanie, and au contracts and (misc sum force for three years, and from polucies ent~rc,,iinto hy any suchpee-moms thence to time end of the next session of or pei’son~,cohsupsun)’, co.pa-rtnershtp, the legislature. Act of 16th of March, pr body poumtmc or com’porate-, as insurers, 1809. ~ha-Ilbe null mmmd voud. If any person On the construmodon of this act, see - c~irallmake or renew any contract or po. the case of time Chum-rn~ni vea/thv. Dma~e, i~’~o~sumstmrai~eas a,~surer,on a-ecount, 2. Bitsney, 601.—And a-.me5 the 7th se-Cr tioms of tIme ‘9th article of the existing costs shall be taxed, as if the- uiame of i 7Po Constitution. one person only was containedin time The powerofthe Judges ofthe courts said indictment. Act of 7th of Dec’r, to issue attachments, and inflict suns- 1804, (chap. 2513.) mary punishments for contempts of 1mm allcases where twoormore-persons coum’t, shall be restricted—to the offi- have committed an Indictable offence,- cial misconduct of the officers of’ such the names of all concerned, (if a pro~ courts respectively—to the neghigetmee secutious shall be commenced,) shall be or disobedience of offices’s, parties, ju- contained in one bill of ind~ctment,for rors, or witnesses, against thelawful which not more costs shall be a-hlowed, process of time- court—to the- m’ssbehav’i- than if time name of one person omily nor of anyper’son in thepresence of tire was containedtherein, Act of’ 28th of court, obstructiisg tIre administration of March, 2805, (chimp. 2571.) justice. AU publications out of court, Time-se provisions being limited, respecting the conduct of the Judges, were made perpetual by act of 29th of officers of’ the court, jurors, witnesses, Mare-is, 1809 with this addition, “That parties, or any of them, of, in amid ccii- any prosecutor, notwithstanding his be. cernimig any cause pending before any log liable for the payment of; or e~- court, 8isall not be construedinto acon- cmnption fi’omn costs, sisal! be a compe- tempt of said court, so a-s to rendem’ time te-mit witness befnm’e the grand or petit author, printer, publisher or either of jury.” them, liable to attachment and sumnma- Nopem’son who may hereafter be ar- ry punishment for thesame; but if such raigned on an indictment, amid who a-balt publication a-hail improperlytend to bias- be boumid by recogmmizamice to a-biJ~the the minds of the public, the court, the judgment of the court, a-isa-il be put ~flicers, jurors, witnesses, or a-ny of witlsius timeprisoner’sbar, to plead to time- them, on aqueston pending before the same, or be comifimmed therein during his court, any person feeling himself ag. Or her trial, but shall have a-n opportu. grieved by sue-li publication, a-html! be at nity of a full amid free communication liberty to proceed by imudictumeult, om’ to with his or hmer counsel: act of 28th bring an action at law against time au- of March, 1808, (chap. 2984.) thor, printer, pubhislser, or either of In all criminal prosecutioums, where-its time-rn, and recover time-re-upon such da. peremnptou’y challenges have not been ma-ge-s a-s ajury may think lit to award. heretofore pes’mitted by law, the defen- Time punishment of impi’isonmeumt in dant or def’endants shall be- allowed to the first instance shalL extend only to challenge fourj urom’s peremptorily; act such contempta as are committed in of 4th of April, 1809. open court; and all other contempta- By the judiciary act of 13th of April, a-ha-hi be- pumuishued by fine only; P,’om,iidr’d, 1791, (chap. 1564.) ‘Flue president a-nd that time Slseriff, om’ other proper officer, judges of the court of Common Picas, may take into custody, confine, or corn- -a-limit imave and exectmte all and singular suit to gaol, a-ny pee-soil confined for a the powers, jurisdictions andtm authori- contempt, until sue-is fine is disclmam’ged ties of judges of’ the coui ts of’ Oyee- or paid; but if lie sisal! be unable- to amid Termiumer, and General Ga-ui Deliv- pay sue-Is fine, such person may be corn- ery, and justices ofthecoiu’ts of’ Q~uar- mn’stted to prison by thecourt, for a-ny ter Sessions of tIme peace, agreeably to time not exceeding three months. the laws nod constitution of this com- This act not to extend to rules on monwealth. (sect 3) Sheu’ifTs, &e. and is limited to two years, Whenever amsy person shall be indict- and to the end of the next session.— ed in any coue-t of Oyer and Tee-miner, Act of 3d of April, 1810, - Gaol Dei’ivei’y, or Sessions of time peace, For contempus before arbitrators ums- the party clma-rged shah be at liberty te uYer thea-m’bitration law, see the2lstsec- remove the a-a-id indictment,’ and all lion of the act of 20th of March, 1810. proceedings time-re-upon, om’ a transcript By a-ct of 30th of January, 1810, the time-se-of, into the- Supreme Court, by robbery or larcemmy of any bank note, or a wi’it of cergjos’am’4or by a writ oferror, hank notes of any incorporated bank, uta- time case mayrequire. Provided, That almali be putnishable it; Clue a-a-mime ma-miner no such wm’it of ceu’tiorau’i, or writ ,of mum the i’obery or larceny of anygoodsor eu’ror, shah tssmie, 01’ be avail:uble to re- chattels of equal amount. move- tire said indictment, a-mid proceed. For the gemsei’ai law for the preven- imigs tisem’eupon, ou’ a transcript thereof; tion of vice amid inimom’ahity, amid of on- or to stay ezecutioii of time judgment lxwfol gaming, amsd to restrain disordeu’- time-re-upon re-usdcm’ed, sunless time same hy sports a-nil dissipation, see thue act of shall be specially allowed by time Sn- ~2ulof April, 1794-, (elsa-p. 1746.) pi’eme Coum-t, or one of time Jmustices \Vlmen a ;muniher of persomis a-luaU be tiieve-umf, upon a-millie-lent cause to it, or charged and. tried out oume indictment, inns a-hewn, or shall have been sued 17f’JO~ e-ut~witht41e consent’o{~tire- At~orney~infirmities,- agsInsi~-~ ~elu~io~of- thi’s-~ ~ Genera-I; whicis special allowance or kind. con5ent slialh be ism ~vrit~usgauscicertt-- If,. therefom’e, in this interesting sum- fled on the salt! writ, (sect. 7.) See the. mary, there should- appear ti? be sonic flfth~section of time iiitie article of the m~epe(itious~,theeditor will he excused,, Constitution.-- ba-caua-~it-is intended~ abeapon,aet, This privilege-- ia involved in-diIRcuJ~ up~in a- perilous,place.” To. tlmo lea~’necl ~s,. if not rendered useless, as to.re-’ of’ time- profea-sio~,it can give no tnfpe- muval~by C’èrtiorari, from am’iy- of the~ Ination. To the citizens of the corn. count-y~courts- except P/&ade1~okia,.by monwealtin at large, who cannot, have the’ act- aholishimsg the Ciu’csmit ouots~,recourse to- books. and author~tses,.it. passed.the 11th of’ M~ti’chi~1809: B,tib will be--important and useful. by the 9th~sectiomn of tisat- act’,. it- ia A. cs’ime, or’ misdemeanor, is an act, piovid~d, tin-at where- any, pee-soil or couimmitted,, or omitted, 1mm violation ot~ persons may b~indictted, prosecuted a~pubiiclaw, either forbidding or coin- or clsavged with any criminal offence,- mantling it. Offence-s-against the laws, in the’ Mayor’s Court- of time city of say,s, lord Hmzle, - whethee- the- common- ?hiladelphia -time defendant om~de-femi- 1 law, or acts of’ parliament, are div1ded~ dsmts, traverser or t-raversers, in addi- into two geneu’al ranks,or distributions tioms to’his,. her on their i’iglmt or powen~ in respect of the piumia-limenta-that a-re by to remove the same into the Supreme la-w a-pi)oiuited for time-rn,. or in respect Court~as heretofore,- nmay lbm’thwith, of their nature or degree;. and thus but oust at a-try a-flee- a-a-salon;- ofright de.. they maybe d.ivided-iumt.ocapitaloffencess mends that, a-ucla indictnTent, prosecu- or offence-a- only. criminal;, or, snore tion or charge, with all- time records anti properly, into 1, felonies, 2, misdemea- proceedings touching tine same, b~ nors; because there-ia nscuçitaloffena-c transferred or remitted t~the court of’ but isath in it the crime of f’elommy; aii4 Q~tarterSe-scions of time peace of the yet tbmere be some felonies, that. an’e n.ot, county of PIiikda-lplthr, and the same in their nature ea~ital, - shall be time-re proceededin, tried. and Simple felony-is likewiseofthe same determined in thesame- nianner~aimd to dzstribution, namely, such- a--s were felo~ all intents and purposes, according’ to mimes, at common law, antI a-tie-h as are b.y law, ins- if the same hind- been found, sta-tute- put under the degrees or under prosecuted, or instituted in the said the punisimment of felony.. - cotur~tof Q.~tas’tcu~Sessioims. - And, time same- distribution. is to be For the limitation of suits, and in- made touching misdemeammoi-a. Sue-in a-s dictments cmi peumal acts of Assembly, ave so by the coasmon law, or,. sate-h a~ ~vhiere time penalty is pecuniam’y, se-c are specially made pumnishable- by act of e-hap. 1134, sect. 6, ante, page 299. parliament. If. ~ P~C. Proerus, Felony in the general acceptation of General runam~~’y,~fcrimes, and tlueir time Englisim law, comprizes every spe~ puniclrnienta. ales- of crime, whicls occasioned- at The enhighutem’ied’ Beccaria observes consmnon law, tite fbm’feittire of 1ands~or Thmat every memnbei, of society should goods. AU te-easomw,them’ef~hn’e-,atric.t’, know when lie is criminal, a-mid’ wise-n ly speaking, axe fei~nies though all iumflocent, If arbitram’y’ miungistrates be felonies are not treason. &nd th’ma-, also necessary in a-ny gom-es’nment, it pro. we may add, that not only all offeuicos, ce-eta from a-none fault iii the cosistitmi. now capital, am’s imi. soismede~reeorother tmon. - Time ummceriaimmty of crimes built felommy; bust that this- is, luke wise the sacrificed more victimq tim secret tym’aum. case wiUu souse other ofFences,, ‘tvhici~ ny, than have ever ~ufie-e-edby public au’e not pitnishsech.wiihdeumth ;, a-a-suicide, atmd solemn cruelty.” ‘ - -wise-re time party is, already dead-; Ito’ Thelearning touching’ these su1~jc-cta-, micide - by chance- ma-medley, or self tar says time lea-i-ned ,Fo~te,’,is a matte-u’ of fe-mice; and. petit larceny, om’ pilfering; gu’e~ta-nd universal concernment. It a-U which a-re (strictlyspeaking) felo- lflei’ita-, fo~re-a-sousa too obvious to be nies, as they subject the committee-s of enlarged on, the attention of- eveu’y tine-us to forfeitures, so that upon the nsa-n living. Fon’ ItO rank, no elevation 1mm whole, the ossly adequate definition of life, no conduct how circumspect so. felony seerns to be that which is before ever, oOglmt to tempt a reasonable man laud down; via. AnoRe-nec which occa- to comlclmmde, that time-se eusquiries do aiomss atotal forfeiture of either lands, not, nor Possibly can, concem’ri him. A or goods, orboth, at tire conernon leer,’ flloilne-rtt.’a- cool re-fleetion On the uttet’ and to while-h capital, or other punish- hsstabihity of human afiimirs, and thue moot may be sumperuidded, arcos’ding to nuuuumberlema munthreseen events whsiclm a the degree of guilt. 4. Bl zck. Cons. day may he-ing fom’tim, will ba- auflicient 94,5. 1 toguard any maim, conscious ofIris own For the numerous felonies punished as directed by the ~Enghish law, tlm~ -thins, “if dny person or persons ‘slsall ‘reader us referred to time act of - 31st of -agree- orrompound, ol’ ta-liti satbufactioum, ‘May, 1718, vol. 1,-page 105. for anysteahisig, -or.goods mutoiem~,-such ‘rite la-w of forfesture has, however, ~porsnnshall forfeit‘twice the-va-lue of undergone a great chatige in l~ennsyl. the sums ag-re-ed-for or ta-items; but no -vanma. .person -a-hail -be- de-bau’red,fz’omn taking -By the 19th-section Ofthe ninth am’ti- -his goods back, wluichave stolen, pro- dc of time- couma-titution, “ Noattalmider a-iiled-lne-p~osccmusethçfelon. -Vol. l,page ~imallwork corruption oh’ - blood, - nor,~ex- -123. cept dtsring the ljfc ~f’the oJ~umd~r,fom’fbi- -ture- Ole-state-to time common-wealth; that OF ‘HIGH rItE’A~,oN. the eStates of ‘suoh peu’souis -as- shah- tie. Tise’great~body of’-thme-statute-law-of - Stz’oy their - own live-s shall de~cemmd-on’ 2Cnglwid whidh relate to te-ea-so~, or - Vest as in case-Of natural dentin; ‘and. - mispt’iaon ~of‘treasoim was -st-ruse-k from If ammy hersoim simailbe -killed by casual- ~the criminal code of tFeamzç1’u~nnia,~by- - ty, there-alma-Il be -iso forfeitumre:by re-a- ~thesct-of 2&is-of January, -1777, - ml,. son’ thereof.” ~1, page 4~0. By time ninth seCtion of thee a~tof uBy aisotlmer ‘act passed -11th of Fab’ 23d of September, 1791, “-Wherever ruary, 1777, vol. ,1, ‘pege-43-$, -aU,ausd amiv-person Shall Ia-c-convicted-cf :any ~cvery~peromm-rnid~persoums-(oxcopt~pm’i’ robbery or btmi’giary, ‘the forfeiture of -s~e-rs’of-%ves’,~-now imihabititig, re-sit- -isis,1 her ortheir- lands.antl-thattclsshsahl ‘log, - or sojourning within~the-limits-at’ ori y’ extent’ to the’reaidue -thereof, ‘uf- mtlme-enaue,of ~?ennsylaazzia,- on- thin,shohl - ttr restitution - made to :thme ~ownertdf tvoluntarlly-eoumc -iato~thte,sa-mise lie-re-at’. - -the - goasls and’chattels ~tO1en,--or~the ‘ten’~to-inhabit, ~reside,~os~~sojoum-mm,rio value’thereof.” ewe,~anul~almall- pay allegiance -to ‘tim -‘For’Feiture ‘~VasatmmC%cd-~to-the~con-‘ustate--of &Beonsylvania. - vrction of time-se crimes, by thse-~aecond If any’pem’son -or persons, -belonging Section of’the’act-in the text. ‘~toor~i’esiding~within-thmis-state,~uid-un- l3tlt If it’shahl be costumide-ead,.byth’e op sder time -protection of-its -laws, ~slsahI e-ratioa ofthe existing penal laws,wise-re ~take a-:c~msnuissionor~commiss~ona,fu’onn a parnicnlarjudgmemst or puniumitunent is -the -king’ ~f Great Britain, or ~mm~ ‘prescribed-foroR’eimces he-retofore fe-b- .der his authority, orother.the- emiemies msy,and’that ibffeiwreiSnoconsequence - ofithis a-tate, :or the United -States o,f - of’ ‘a conviction ‘yet—it‘is’ prts-timetl the ~Amncrica;or’v~ho,shahilevy waragsm.inrt —~‘radeof-erhrte- is ‘not~chsiumged. ~They ~the state, ~or~governmentthet’e-of~or ‘will ~tlll’bed’eionies. ~‘lme.-acts-of the ‘knowingly -and willingly - shall aid. or -legiSlature still- s meitk of’felons-’canviec, ~assisn-amsyenemias~,atopen war-agsuiuss~s: 1 a-nd. 61 ~felonies. ‘Tlse ‘le~is1ature-may - this --state, or the- -~UnitedStates of ‘~cièlAre eu’i’mes to • he - fe-tony, ‘c~biéh-‘America, by joining their ar’miea-, on- -were oct’50 -at‘connnon-iaw, ‘Thie~forms -~by~enlisting,or procurimig or~persmxading’ -of iuidictuisent have unulergoac ito . otlnenw to’enlist for that purpose, om~by chasige. ‘fnrmmishing ~smrch-otimer enemies with - - - - There is -an - ~fi’emsee-known ‘-to tire ,arms- or- ammmmition, - provision, or any law, calle’cl-’sut-kpriia-n of ‘felony, whlch -other -article ~or articles, for - their - is - a- cousceaimeist~ot’-a~felony- -whie-in ~a aid -or comfort, -or ~y .carrying ,oum ii -man- knows, - butt -neve-u”uussonteti-to;“fot’ tn’aitoromts ~corre-spondcace-,winh time-rn if - lie ateented,’ this ‘makes ‘im’isn-’e’mtber or shalt form, cm’ be anywise- concerned. ‘a’ priuscipal, or accessory, It iapunhah. ‘ih ~-furming any combination, plot or by di~e-retbmnam’yline -ai~dimprison- conspiracy, ‘f’or betrayiugthisstate, on’ ‘xuetut. -4 ‘Black. Corn.- 221. the tYoite-dStates--of ‘America, into the Th~ft.ha-te,-is-wImer~the partyrobbed, hn~umdsor power of a-ny foreign -enemy-; - flot ouiIy~kmmuwa-’thuefe-lout, butt-tubas takes or shall give or -se-na-i anyintelligence to -isia- goods ‘again, or otlmer-anse-umds, -tip’ the cusesuies of thua- state forthat pun’. ‘-Oil agreement not to pm’oseeute.- This -- pose; -evez-y person so o1Fenthng~amid is -frequently called c~on-mpoumuding of -;bcimi~thert-of ‘legally~convicted,by tIse. feloumy, lBy the Eumglishn statute cf-25tis eyidu’mmce- of two sufllcient witnesses, of dcvrge’ 3d, c. 36, even to adve-rtise a in arty court of -Oyer and -Terminer, - ‘reward lime- the- re-tom-n of tiulmugs stolen, -a-luaU be adjudged-guilty of isigh trca- “with no questions asked, or wom-da- to sort. - The -punislmment wasd~ath, and - time- sam~purpose, subjects time —a-dyer- ftn’i~ituteoh’ estate to the common- - tisem’ amid - the- pm’immter, to a- forfeiture ut wealth. ‘,~.‘50ca-elm. -4’Bia-ck. 133.4. But this By an net passed time 3d of Dee-em- - statute does not extend to Pernim’plr’aaia. - bet’, 1783, (a-nte. page- 60,) ne- ‘was en- The act of 31st of May, 1718,-a-cct. acted, that auuy lersouma who alma-li erect - - 3~l,describes amid pwmist~estire offence, ci’ fbrm, or slmtilt esu-thettvou~’to eiumu’t em’ 560

to time-jr enemies, giving them aid ammd. 1 790 me-utform, withinany newtheor indepem3demmtboummdaries -govermmof timis- comfort, Noperson shall be- convicted ~““V’~ comusmomswealtlm; or who shall set up of Treason, unless on the testimony of a-tsy mmotice, calling on time people to two witnesses to time- same overt act, or meet with that design; or who shall on confession in open court. assemble for that purpose, in conse- The act of congress on tine same quence of sue-In notice; or who shall, subject, passed 30th of April, 1790, at any sue-Is meeting, maliciously amid is in these wom’ds. If any person on’ advisedly n’ecomniendor desire the peo- persons, owing allegiance to the Unit- ple to erect or form amsy new iusdepemm- ed States of Ante-rica, shalL levy war dent government irk a-ny part of this agaimmst tine-rn, or shall adhere to time-mr state; or shall read to them any new enemies, giving them aid and comfort, form of constitution, wntls a design to v,,itliin the United Statet, or eleetuhere, induce theun to adopt tine same, as a and shall be thereof convicted, on con- new and independe-mut constitution; alma-it fession in open court, or on tine testimo- -be adjudge-ui guilty of highs treason; ny of two witnesses to time same overt and on conviction by the evidence of act of the Treason whereof ime or they two witnesses small suffer deaths, and shall stand. itsdicte-d, such person or forfeiture of esta-te. - persons shall be adjudged guilty of This act has initherto remained a Treasoms against tine United States, and dead letter. Indeed were we to judge shall ruffer death. - from thepreamble of the act, thevery The me-run “levying ~ us used ma grounds and prinaiples upon winicln it time, constitution of the United. States, was passed, are extiruguishmed. The in time same se-rue- us which it was (un- price of the western (amid time-n ummiocat- derstood in England, and its this coun- ed) lands, is chiefly in the coffers of try, to have been used in tine statute of the commonwealth. Tine motives for 25tim of Edward 3d, from whicin it was separation, if separation was ever bom’rowed, timou~htof, am’e removed. The strong On titja- important subject, see time tie 01 interest binds now in opposition notes to eisa-p. 729, vol. 1, page 436, to tIme crime-. Still it is the law. But time object itself is now impracticable. OF MISPRISON OF TREASON. Bytime- constitution of the Unite-d States, By the- Enghisim law, misprisomm of article 4, sect. 3, it is nOW established, Treasommconsists ‘mum the bare knowledge, that no new st~te shall be foruneci or on’ concealment of Treason, witisout erected within the- jurisdiction of any anydegree- of assent thereto; for a-mmy other state, not’ aumy state be formed by assent makes the party a- principal trai. the- junction of two or more states, or tor. Stat, 1 and 2, F/lit. a-nd Mary. c. 10. - -parts of states, without the coimseume- of This concealment becomes criminai, if the legislatures of the states concern- tise party apprized of the Treason does ed, as well as of the Congress. Fn’oun not, as soon as coimveniently may be, the comumpietioum of the crime- we are reveal it to some- judge of sa-ssize, or therefore protected by the strong arm Justice of the peace. But if the-re -of tine- unboum. Small that union ever be be any probable circumstanCes of as- dissulved, by internal weakness, or sent, as if one gee-c to a treasonable external violence, via-in, indeed, for the meeting, knowing before hand, that a nmomemst, will be -alL puns-al laws I conspiracy is inteumded against time king, or being in such company again, an4 PUNISHMENT OF HIGH TRE~. - hears more of it, but cousceals it; this - SON IN PENNSYLVANIA, is an implied assent its time law, a-nd ‘ By time- 4th sectiomm of the- act of 22d makes the concealer guilty of actual of April, 1794, every person duly con- Highs Tteason. 4 Black. chin. 120. - vie-ted of the crime of High Treasoms, But theEnglish law respecting mis- shall be sentenced to tmmmdergo a con- pruson of Treasoim, having beets abolish flume-me-mit in the gaol aimd- penitentiary. ed in this state, the offence- is tlsua- house of Pluiladelp/uia, for a period not extensively described by tlue- act of lie-h less tlman six, nor more than twelve of February, 1777, vol. 1, pa-ge 436 years, and thali be kept theme-in at isa-rd If any peu’soum or persons within this labour, or in solitude, and shall in all state. shsa-hl attempt to convey imitelii~ thiumgs be treated. and dealt witis as is gen~eto time enemies of this state or -prescribed by time act in the text, Ito. the Uimitetl States oh” America, or by Fon’ the second offence, imprisonment, publicly a-nd deliberately speaking or &e-. during life. (Sect, 13.) writing against our public defence; By the constitution oh’ the Ummited or shall maliciously ausd advisedly en- States, art, 3, sect, 3, Treason against deavour to excite time people to resist time tT,thed Siatee shall consist only in tine government of tisis commonwenmltlt, ievyimsg~waragainstthem, or inadhering or persuade tire-un o re-ta-me-ti to ,a- ulopc’rm - deuuce upon the crown of Great Britain; that this hatter was no part oF time law 179Ô or shall maliciously and advisedly ter- of Pennsylvania. This crime, thus de- - rify ot discourage tine people- from ems- fined, was adopted by time saisguioam’y listing’ into -the service of the common. law of time 31st of May, 1718, vol. 1, wealth, ‘or shall Stir up, excite, or page 111 - Let us time-n understand. raise tumults, dis~rde-raor insurrec- what the law was, before we proceed tiouss in the’ state, om’ dispose them to to consider what the law is, Even a-a- favour the enemy; or oppose and en- this day, wise-n oust’ penal code is tuna- dea-voun’ to pm’event time measures car- pere-d with as unta-ci~ imumaniry as is s’yirig’ on in support of’ time- freedom a-nd compatible- whim the- safety of society, independence of the- United States; the learning on this subject may not be every such pe-u’soiu, being thereof le- aitogethen’ useless, gally convicted, by time evidence of two A person- guilty of petit Tm’easoum or more- credible Witnesses, in umumy might be indicted of murder, for it is court of General Q,~uarterSessions,shall a species of’ murder; mmd. such -facts be adjudged guilty of misprision of and circumitaume-es its would convict Treason, and sisail suffer imprisoumment another nsa-us of murder would counvict, (during time ps’eseume- war,] and forfeit a wife on’ servant of petit Treasou,, to the commonwealth Onehalf of imis or Fast. ‘325. if douse upon a auddeus pro. her lands inmid tenements, goods amid vocation, and without malice, it would elnattels, (See the coumatitution.) be only manslaughter.- - 1 Hale, 378, 1 This section aun’eiy wants revision. - I,tawk, (folio) 88. By the act of Mare-it 8tim, 1780, vol. If a wife comma-pure- to kill her husband, 1, pa-ge 500. In all cases where any or a servant to huh his master, wlmich charge is made upon oath or affirmation is domme by a stranger in pursuamuce 01’ against any person or persona, of facts that comuspiriscy, it is not petit Treason - amounting to Treason, or misprision of in time wife or servant, because it ‘ma- ‘rreasomm, it shall and may be lawful for only mqs’rler ‘mum the principal. The ma-c- time .ttttorumey-Gemme-ral, whim the lea-re ccssoi’y ca-n be- guilty of no higher ci’imne of the coum-t, to proceed mugaimmat, and than his pu’incipah; 1 Hale, 378-9, Pine/s charge such person or persons with a 17, 1 Hawk, (folio) 88, 3 Znet. 20, 139. nuiadememnnor, andgive iii evidence any But it’a wife puocum’e a- servant to kihi her act qr acts of Treason, or misprision of’ husband, 6jth ma-re gmuiity of pet/t Trea- Treasoum, by one- witness on time trial, or son, ib. oUter proper and legal testinmony, and If a wife, or servant, intending to such person or persoums, on conviction, poison, or kill a--strange-i’, by. mistake ~Imallsuffer as ‘mum cases of misdemeaumom’, kills the itusband ~n’mnstèr, as it would See the case of the Chrn-,monncaltIm v. isa-ye bee-it murder if it had taken effect We-idle, vol. 1, pa-ge 439. (Note.) upon the ste-lunger, so itis petit Tr~ason ~3y the act of Congress of 30th of its the deaths of - time- husband, or mas- )m~rih,1790. If amy persen or persons, re-u’. 1 &lmle, 379. - luavihig knowledge of the commission - If a- wife or servant conspire with a of any treason, shall conceal, and umot strammger to kill the l~uabaumd,or master~ ma-s soon as may be, disclose and make amid by agree-me-mit be in tite same known time s~meto time President of the house-, though not in time same room, United States, or some cite oh’ the in judgment of law they a-re pres~nt lodges a-hereof, or to the president or amid a-se principals, amid guilty of pet~l goverumor of a particular state, or some Treason; but the stranger is guile-vof oume of time judges or justice-s thereof, nmurden’ only. 1 Hale-, 379, 1 Hawk. (fo- suds persoumor persons, on conviction, lIo) 88. See h~’e1.53. nisait be adjudged ga-tilty of misprision Ba-ut it is said, tlmat if a stranger pro. of Treasoms, and shall be imprisoned cum’e a wife on’ servant to kill time hsumu. uuot exceeding se-vets years, and fined not band, or ma-stem’, he may be indicted exceediuig one thousand dollars. as mnccessary to petit Tu’eason, 1 Hqwk. Thj~ follows the English law above (folio) 88, But the judgment shall be stated, only as ims case of a felony; fom’ being’ a OF MURDER. stm’ausger, he cannot be guilty of prtit The highestdegree of murderknown Treason as principal, Lb. and. 1 Hale, e-o tine English law, is petit (or’ p~tty) 382. Treason, It.is an offence described by ii a servant, being gone from isis the statute of 25th Edward3, c. 2, and master, kills him mupon a grudge concei- iS committed wise-n a servantk’mlletim his ved against himu while- ime was inhis per- ma-stem’, when a wife killeth her bus- vice, wimicim he attempted whiLe a ser- b~a-rud, or wise-n a secular or religions va-nt, butt was disappointed, it is petit aha-yetis imi~prelate, to whom he owe-th tu’eason, .1 Hale, 380’ Flamed. 260. 3 ~authaimnl obedience. ,lnst. 20. 1 Hawk, (folio,) 88- - It will be obvious to the reader, If a child ma-m~eritis father or mc- ‘~~TOLII. 1790. timer, ahthougim a more henuu~~hl’euce, or, if a i~iankihia- another witlmoa-mL a smmf. ~ it is not petit treason, for the judges flcieiut provocation, 2 Ld. Ra,yrn. 1448- are restrained from interpreting the 1488-9-1578.--.-2 Strms. 77(J-1.—-3 Inst 47- ~statutea minore ad snajul, (a-unless he 52’—l Hawk. 80. 4 Black. Cant 199- 1 live with isis father as asee-va-mit, and re. Hale, 451.455. And where the circunn- ceive wages, or meat and drink from stances of deliberation mmd. cruelty cons- him for his service, orbeboondapprdn- cur, the fact is undoubtedly murder, as tice to him, and kills his fatimer or mo- -flowing from a wicked heart, ammumd -thee-, this is petit treason, andlie shalL grievously depraved, a-mud abting fe-otis be indicted. by the name of servant,) 1 motives highly criminal, vsin’ich is the hale, 380. 1 Hawk. (folio,) 87’. 3 Inst. genuine notion of malice in the- English 20. ,Dallison, 14. For, by 1 Mary, law, Post, 138-256. And most, it not stat. 1, c. 1, nothing is petit treason, but a-fl, time cases of implied nualice in the -what is expressly, and without argu- books, if carefully adverted to, wilt be- ment or inference, deciared to be so by foundto tue-mm upon this single point, that 25 Edw. 3, for such astatute ought not time fact bath been attended with such to be extended by equity. circumstances, as carry in them time By time act of 22d of April, 1794, tIme plain indications of an heart regardless distinction between petit treason and of social duty, and fatally bent on mis- murder is abolished; and, by sect. 3, chief, ib. 257-291.2. Xci. 126.7. everypersonliable to be prosecutedfor - Murder may be committed without fetit treason, shah in future be indicted, any stroke; the law has not confluied pi’oce-eded against and punished, as is - time offence to any particular circurn- directed in other kinds of murder. - stances or manner of killing; for theme A - compendious abridgment of the are as manyways to commit murder, as law on this subject as it stood previous therea-me to destroy aman, provided it to time act of 1794, will gr~atIyassist be done with malice either expressor the reader in marking time distinction implied, 2 Ld. Rayi7i. 1578. 2 Stra. 884. and degrees of crimes which now ne- I Hale, 431-2. Palm. 547-8. 1 Hawk. cessarily ariseupon that greatact. Time (folio,) 78. 4 Black, Corn. 197. And authorities are also copiously given for see manyinstaumccs, 3 Inst. 48. the convenience of the learned ln the Stmch wa-s thecase of imim, who car- profession, ‘who may at anytime, sud- ried his sick father agaimist his will, in denly, have occasion to pursue the sub- a cold, frosty season, from one town to ject more minutely. another, by re-a-comm wlue-i’eof lie died, I The taking away the life of a- man, ‘J2i-twk. 78. Such also -was the case of wise-thee- it amount to felony, or not, is the hat-lot, ‘who being delivered of a called by timegeneral na-me ofimomicide; child, left it in an orchard, covered on- mind by time Engiislm law, ‘ma branched ly with leaves, in winich condition it out and distinguished into, 1. Murder, was struck by a kite, and died thereof’, 2. Manslaughter, 3. Homicide per infer. lb. 79. So, where anmotimer hid her in- tmtnium, (misfortune, or accident,) or faa-nt iii an imog-stye, and asow cameamid chance-medley, 4. Self defence and jus. devoured it. Palm. 548. 1 Hale-, 431- tiflable lmomiemde. - - 2. 4 Black, Cans. 197. Murder has longsince been settled to So, if a prisonem’, by duress of’ time be, the voluntary killing a personof ma- gaoler, comes to ma-n untimely-end, it. is lice prepenee, and that whether it was murder, 2 Ld. Ram-rn. 1578, putting’ done secretly or publicly, (Lord Coke prisoner ‘mum a- dmmngeon, or place toe, ma-dds, unlawfully, 3 Inst. 47)—So that strait, is duress, 3 liiat. 52.91 1 Hale, the party die within a year and day. 2 432, 466. And the instances 01’ ‘op. Lord ilaym. 1487, 1578.—2 Stra, 770, pn’essiomm wimich may fall within the rule —1 Hawk. (folio,) 78.9.—1 Hale, 425..— of duress ‘of iniprisorunment, are as va- 3 Inst. 47-53.—4 Elack, Cons. 195-197. rious as a heart ce-use-li)’ bent upoms mis- Malice, express or implied, is a-n es- chief can invent. A gaoler, knowing sential ingu’edient to make the killing a a prisoner, infected with the small pox, person murdcr.—Malice express, is ade- lodged in a ce-i-tabs room in a prison sign formed of taking. away another confined another prisomier, against Isle man’s life, or of doing some- mischiefto se/li, in the saase room; the secommd. another, in the execution of is-lmie-h de~ prisoner, who had not had the distem- sign, death emssnmes,—Malice implied, is per, of se-lift) the aolerhad r,otice. coilectedeitherfrom time manner of do- caught it, a-mud5 died1~of’ it. This was ing, on- from time person slain, or time rightly held to be murder, 2 Stems, 856. persomi kiiling.._:rhmus, ~wilfullypoisoning Another straitly confined isis prisuuuerius impimes malice;—or doing an act that a low, damp, unwholesome room whim. apparentlymust do harm, with an ‘mum. out allowing him theconimoum necessim- te-tit to do Imae-in, anddeath ensues rice of chamber pot, &a-~. for keeping ~63 things sweet andclean about him. The contracts some diseasewhereofIme dies, IP90. prisoner having been long confined in though, as the circumstances of the this manner, contracted an iii habit of case may be, this may be murder or body, which brought on distempers of manslaughter in thesight of Gon; yet, which lie died. Tlsis is mua-’der. These in fore Iiumazuo, it cannot come under were deliberate acts of cruelty, and time judgment of fe-ion)’, ib. 429~- enormous violations of the trust the Ifapersonhurtby another, diethere- lawreposeth ium its ministers of justice, of within ayear amid aday, it is no ez- iS. 883-4, 2 ,Ld. .Ra,ynn. 1574, Fast. 321-2. cuse- for the other that he might have Tine-re-fore, whereone dies in gaol, time - n-eeovered, if he had. not neglected to coroner ought tobe sent for, to enquire take care of Imimseif, Though the the manner of his death, 3 Inst. 91, 1 wound be not mortal io itself, but eithen- Hale, 432, 466. for want of helpful applications, or ne. Where one by duress of imprison- glect thereof, it turns to a gangrene or me-nt, compels a man to ace-use an inno- fever, which is time immediatecause of cent person, who, on his evidence, is his death, it is murder or mansiaughtem~ condemned and executed, this is ma-me-- as time ease may be; for the stroke der, 3 mit. 91. 1 Hawk. (folio,) 79. which caused thegangrene, &c. was the But tine learned Foster says, itis a-doubt mediate cause of his death, being caue-~ ut this day, wise-timerthe taking awaythe causati. B~t if the wound, orimui’t, be ~ifbof’ an innocentman, by peu’jury, in a not mortal, but wimim ill applications by course- of legal proceeding, amoulmts to time party, or those-about him, of’ un- murder. By time aumcient write-u’s it was wholesome salves or medicines, the so he-id. But -the practice of ama-ny ages pan’ty dies, if it can clearly appear, that backwarcle, dotlm by no means counte- this medicine, and not time -wound was 0 nance their opinion (M’,Daniel and Ber- the cause of his deaths, it see-ms not to ry’s case,) Fort, 131-2. But, by Black-’. be homibide; but time-n that must ap- ~fone, it is equally so in fore conscienti~e, pear clearly and certainly to be so.—So, a-s killing with asword, andfalls with- if a man be sick of some sue-h disease, in tine guilt of deliberate mnum’der; and which possibly by the course- of nature, deserves an equal punishment, wlmicia would end his life in half ayear. and~ time ancient law in fact inflicted. And aumother gives lmim a wound or hurt, Imothing should be concluded fi’om wait- wlmich hastens his end, by irritating and ‘mug time prosecution in the case of provoking time- disease to operate more ,M~Danjejand Ferry. The attorney ge. viOlently or speedily, this is murder, 3~ rmerai declined arguing the point of law Hale, 428. See Kel, 26.—i Ke-b. i7..~ from prudential reasons, not from anap- 1 Rawk. (folio,) 79. If a physician gives a persona potiomi, prelmension it was - not msintainable~ 1-Lowe-ye-c, the mode-rd iawhas not yet without a-ny intent of doing him bodily punished it as murder, 4 Black. Corn. harm, but with intent to cure or pre. 139-196.7. vent the disease, ma-nd, contraryto himi An infant a-under the age of fourteen expectation, it kiLls the patiemmt, it is years, hum presumption of law, is sup- not homicide-, 1 Hale, ,429.~4 Black. posed without discretion, andtherefore, Corn. 197.—i Hawk. (f’ohmo,) 87. primafacie, ime cannot commit murder, If a woman be with child, and any umor ama-na-laughter, but ought to be one gives her a potion to destroy th~ foundnot guilty, (under sevr,i, never,) child within her, andshe take-sit, an~ 1 Hale, 26.7, 4-34. Floe-id’ 19. J3ut if it works so strongly, that it kills her, upon circumstance-s it can appeaL’ that it is murder, 1 I(alc, 429. But if a be Jima-tim discretion, and knesv what the woman with clm’iLd take, oranothergives action was, as by excuses, endeavour.. her a potion, to make an abortion; or, iumg to conceal, &c. it will be murder; if a man strike-s her, wherebythe child but time evidenceought to he stu’omsg and within her is killed, thought anciently pregnant, to convict of that ma-ge, 1 Hale, held to be must-dee-, is now not murder, ib. An infant of nine years, hid time or manslaughter, by the law of Fng. /docd, and the body, andconvicted, 1 land; because the- iimfant is not in reruns. Hale, 27. A boy aged ten, convicted naeura, ib. 433,—4 Black, Cons. 198.— of’ nma-mrder, Fo~t.70. S Inst. 50..—tlnhess the child be- borit Lord 11a1e hesitates, whether, if one alive, amid die by reason of the potion, imufected. witis time- plague, goes abroad or bu’a-mises it received in thewomb. In witim intent to kill ammothuem’, it be mur- wiiicim case it seemscleam’ty to be- mur- der, 1 hale, 432. But if a maim, by der, umotwitha-tanding some opinions to -workimmg on the fancy of another, or the contrary, 1 Hawk. (folio,) 80.— possibly byharsh a-nd unkind a-isa-ge, puts This is the- better opinion, 4 Black. Corn’ another into sue-li passion of grief and. 198—S inst. 50. Lord Hale is of acots- feat’, that Jmt~ a~therdks sudd~nly,or trary opimmion.—i Hale, 433.—But if a ~64

man procures’ woman with child to to destroy. According to the ch’cumn- destroy her immfant when born, and time stances, it will be murderor manslaugh- child is born, and. time- woman in pursu- ter, Fost.261, 2. Se-el. Halle. 438. Plo-a-rd. ance of’ that procurement, khiIs time in- 101.4, Black. Coot. 201. If amanlays poi- fant, this is murder in time mother; and son, with intent to kill a certain person, theprocurer is aucessary, I Hale, 433. whicim is accidentally taken by another, S Inst. 51.—I Hawk, (folio,) 80.—7 Re-p. who dies thereof, it is murder; but if 9.—Dyer, 186, a.b. laid to kill rats, and a man casually If a man imath a beast that is used to takes it, itis no felony, I Hale, 431, 9 do umisolmief, and he knowing it, suffers -Rep. 81. 1 Hawk. (folio,) 79, or if a it to go abroad, and it kills a nsa-n, it us man take-a- poison himself’ by time per- manslaughter ium time- owner. If lie had suasion of another, though -in the ab- purposely ttmruied it loose, thougls barely sence of time- persuader, it is murder, to friglmten people and make sport, mt us a-nd time persuader is principal in it, 4 aq much murder, a-s if lie- had incited a Rep. 44 b. or, if A. give-s poison to B. bear, or dog to worry timem, 1 Hale, intending to poison him-mm, aimd B. igno~ 431. 4 Black. corn 197. 1 Hawk. (folio,) rantof It, give-sit to C.achild, or other 79.—So, i~a person do a wanton, idle near relation of A. against whom ho -aCtion, which cannot but be- attended never sue-ant harm, and C. take-s it and. ‘with manifest danger; or an action on- dies: this is mum’der in A. and a poison~ lawf’ta-h in itself, deiibeu’ately, and with ingbyhim, a-nd C, is not guilty. 1, Hale, an inte-ntious of mischief, either to par- 431.5-6~ Floe-id. 474. ticulars, or indisCriminately, fall where A mam’ried woman comm,mits murder, it may, a-nd death ensue, though against ftc. time coercion of lie-c husband is no the original intention of the party, it excuse. 1 Hale, 434. To kill an alien ‘will be- nmurder,—Thus, riding a imorse, enemy witimin time kingdom, unless in known to be- used to kick, among a mul- the lme-at of war, and actual exercise titude of people, though only to divee-t thereof; or to kill one- attainte-dof fe-ho- himself, or frighten tlmem,-au-td one is ny, otherwise- than in executionof the killed, it is murder, 1 Hawk. (foflo,) sentence, by a lawfulofficer; is murder, ‘86.7m—2 Ld. Rayin. 1488. - If one due-ow or manslaughtem’, as the ca-se may be-: a stoneover a wall, among a multitude, om’, if a man be condemned to be hang~ ~nteiidingonly to frighten them, orhurt ed, amid the Sheriff be-heads hini, it is them lightly, and aman is killed, it is murder. 1 Hale, 433.454, Post. 267. murder upoim the same- principhe. The Or the Courtof Common Pleas execute act was unta’wful, 3 Inst. 57. - See 1 .Ld. a man fou’ treason or felony; or, a- Court Raym. 143. But hf such mischievous martial, in time of peace, put a man to inteustion doe-s not appear, but the act death by martial law, time- Judge-s a-nd ‘was- done heedlessly amid incautiously, office-i’s inc guilty of’ murder, 1 Haa-rt, it is manslaughter; not accidental death, (folio,) 70. 86.—But where time persor-s for the act me-as unlawful. See Post. 261. act by vim’tue of a commission, which, And, in judgment oflaw, a-maim may if it wem’e strictly regular, would un- be said to kill anotisem’, who in truth wa-s doubtedly give them full authority, but killed by a third person. As, if a man happens to be defective oniy in some incite-s a madman to kill himself, or point of form, it se-ems they a-a-me no ways anotime-m’; or where- A. by force, takes criminal. 1 Hawk. (folio,) 86. time- arm of B. and time weapon in his Wise-n one voluntarily kills another, hand, andstabs C. therewith; it is mnur- ‘without any provocation, it is mnmxler, der in A. but B, is not guilty. But ifa for time law presumes malice, where man be non compos, or if a lunatic, in the there is not a sullicie-nt provocation. time of isis lunacy, kills a man, lie may If A. come-s to B. and demands a debt jilend not ga-silty, and be acquitted, 1 efhim, or comesto serve him ~witima Hale,-434. Plo-nd. 19. 1 Hawk. (folio,) Subpszza, and B, time-re-upon kiil~A. it 79. But if one that is drunk, kills ano- is murder, for lie-re- is no provocation. ther, it is no exca-use, but it is murder, So W.came alongbythe shop of B. and Flowd. 19. 4- Black. c’ons. ?5~G. distorted la-is mouths, and smiled at B. - In some instance-a, time books say, who pursa-med amid killed him ; held to malice e~-utdit~r~ers,vmonr. Thus it i~ be murder, for it wa-a iso such provoca- flmurdei’ if A. witlm malice aims at B. tion as woulul. abate- the presuniptioms of hut kills C. a-nd wimere an injury immtend- malice ‘in the party kihiing, (1P’~ts-and ed against A~proceeded from a B,’ains’ caa-e.) 1 Hale, 455, See 3 i~z.t. ed, nmurderous, or mischievous motive, 52,—9 Re-P. 67b. 2 Stra. 771. Kel. the party is answerable- for all the con- 127. Cro.El. 778-9. For in all cia-me-s sequences of the action, if death en. there must be- a proportion in time pro- sueth from it, thmoogh it had not its ef- vocation to the act of violence done af- fect upon the- persomm whom he intcmmded ter; as if a man break my close, and 1 36~

‘with a *take beat his brains out, it is 486, 1 Pent. 156.9. re-i. 137. 7’. Raym. ~ murder, because the pm-ovocation bore 212. 2 .&‘ib. 829~ A. amid B. quarrelled no proportion to time deaths of time ma-n, at a tavern, a-mid ofhi’red to tight, but amid the-re should be an open act of sic. we-a-a hue-vented. They continued to- lea-ce to make it manslaugimter, Re-i. 132. gether fcr aim hour, in company. B. of- 2 .Ld. Ea,yrn. 1298. So, wlmerea Park fered to ma-ke it up, but A. re-a-used, keeper found a- boy stealluig wood, aimd and said, “no, damnyou, I’llhave-your tied him to a imorse’s tail a-mud beat him, blood.” Time reckoning was paid by ‘whereuponthe horse run away a-a-imd kill- time-mu jointly, andall time company we-usa- ed him; it is muu’der, for the cos’u’ec- omit. Bmut a-us B. \va-a-s goingS with thea-mi, tion wa-a-s e~ces5ive,aimd an454a-ct ci’ delibe- A. who had staid be-ia-hid, called ha-ia-a- rate- cruelty, 1 Ha-zie, .—Kel. 127. back, a-a-nd a-aid, “young ma-an, Come Cro, Car. 131.—i 9m-snies, lOS.—’-Pal,ui. buck, I isa-sc some-timing to say to you.” 545.—Post. 292. if there be a ehi

s~fthe-nm meets with I). with whom he ed. Post. 219. 1 Hale, 457-.-8. 1 lame-k. 179b ia-ad a fornmeua- quarrel, and kills him, the (folio) 86. .D~e-r,88. (inmna-m’gin) 1 Jones, rest are na-ut guilty, for it was not with- 346. Ceo. Car. 371--2. If’ tha officerex- in the compassof time-jr original inten- ceed the limits of his authority (Post. tioum. 3, Rate, 443-4. Threesoldiers go 312.) or execute his office, or a-u. legusi to mob an orchard, two get up the tree, warrant, hi an irregular and unlawfua-1 tia-e third stands at the gate with a manner, as by breaking opea-m adoor o~ drawn sword; the owner’s sort come-a- windowto arreSt aia-ma-n, which is unlaw- amid seizes him; he a-tabs him. Those ful, or if la-c arrest a mnam~upon an ill in the ti-ce- are not guilty, otherwise, if warrant, or if lie takes up a person iii ‘they hadcome with a- ge-umeral re-solu- the night without any jmmst gu’ound of tion against all opposers, whichmay be suspicion, whe-tlmer in his jurisdiction or collected from their number, arms, or not, and time officer is killed, it is but behaviour, at, or be-fore. Fe-se-. 353, manslaughter. Cro. C’ar. 537...8. 2 La-i. If persons assemble for a lawful act, Rayrn. 1301--2. .iliarclu 4. 1 llama-uk, 86. if and prosecute it lawfully, anti one is a pa-’ivate- man be killedin endeavourimmg killed, none are guilty but thosewhoa-c- to pa-st tisose- whom he sees fighting, if tua-hly aided or abetted in thefacts. Fort. he- gives notice of’ his intentioum, It is 254. murder 1mm the slayer. 1 112 a-ma-uk. 84. see If ama- affray be made in time- suight, and Ja-e-l. 66. 1 Hale, 461. And it has been the constable, or any other Who comes lie-Id (Goole ’e case) that if a person is to Im’ss aid, be killed, it is murder. Po~ unlawfully 5deprived of his liberty, a ~vlietmthic constable commands the peace, -stranger may attempt his rescue, andif although they do not know him to be he- kills, it is a-manslaughter only; for that the constable, yet at their peril they when time liberty ofthe subject is invad. ought to obey bum. If one kills a watch- ccl, it is a provocationto all the subjects man, constable-, &c. in theexecution of ofEngland. 2’ .Ld. lhqpa-m. 1296. But tisis Isis office, or a sheriff, or anyofhis offi- ease is considered with great hearn’uug ce-ma-, iii the lawful execution of civil by judge Foster, and may be reasonably1 process, he is ga-silty of murder. Thelaw\ doubted. I-Ic says that doctrine- mas a ha-plies malice-, and theindictment need tal tendency to loose-n the reigns of go- miot be special. 9. Re-p. 66.68. b. a. 4 Rep. vernment, by giving an undue commute- 40.41. a 1 }Lawk. (folio) 86. Fort. 137. imaa-mce to a spirit of popular opposition, (where- it is said this rule is founded on upon principle-s offalse patriotism. Fort. the policy of time- law, and upon every 312. 317. see Jfopkin Hzz,ggea-s’.a- case. Xe-P. principle of government) lb. 270. 208--9 59. 62. 137. 1 llama-uk. 86. § 54. in the case- -‘—318. 321. 2 Ld. .Raym. 1299. Se-v. 67. of privatepersons eusdeavouring to bring 3. Inst. 52. 1 hale. 4~7.460-.-2.-.3. Kel. felons to justice, they a-must take care 66—Though the process be apparently that a felony ha-tim been actually coin- erroneous, provided it be not defective u~mitted;for if none liath~been commit- jim the frame of it, and issue- in the ordi- ted, or supposing one- has been com- a-mary course- of justice from a court or mitted, but not by the person arrested, m;mgistrate having jurisdiction in time or pursuedupon suspicion; if the- person ease; a-md thuoa-mgh theofficerdid not tell endeavourimigto arrest, kills,he- will not him for whsa-t ca-a-use he am’re-sted him, or be- excused fromthe guilt ofma-asia-tigh- - did not show his warrant,which a known ter; nor will it amount to murdem-, if the office-a-. jim hot bomsnd to do, nor aspecial pum’sue-r himselfbe killed. I3utifLape-ace clime without densa-nd; or though the ar- officer, has a warrant to apprehend B. by rest wasin the-night; yet ifthe minister name, for fe-lousy, or .7?. is indicted for of justice in the executioa- of it be kill. felony, or time- hue and cry raised against ca-i, it is mnus’der. 9 Rep; 68. a. Fort. 311. bins by name, amid lie, timough innocemit, .—1 llama-k. (folio) 86.—As in case of a- flies or Sea-ia-ta-, musti A. or any assisting warrant from a justice of time- peace, in him, is killed by .71, or anyof la-ia- a-a-cconm. a matter wIse-rein he hath jurisdiction, puce-a, jo’mmsing in that outrage, it is mur- thought time warrant was obtained by der. And a-Il this doctrine is established gross imposition on the magistrate-, a-nd upon a-mm undoubted principle of ajnstim-~ false information toucluimig tite- matters due to -the comma-laity, i’ommnded in time a-suggested in it. (Curtis’s cimSe) Fe-at. 135- interest every imidividumal bath inthe pub’ 312,—i. hiak.. 460.—But if’ time process lic tranquillity, which oncede’sta-uyed, alt be defective ia-i the frame ofit, as if time-re- pm’iva-a-te rights will sink a-a-ia-d ba-a- absorbed be amistake- in the muame or addition of in the ga-a-a-see-a-ti wreck. .F~a-st. 317...18. ~. theperson on whom it is to be exceuted; Hale 490. Or if time nsa-a-c of’ alicIa- person, or a-if the. In proceediua-gto give- thegene-rat ca-a-f- officer, be iimserted without uutimority, line of mnausslaumghuter, it is necessary 5.0 and after time issuing the pa-oceas, this notice the statute, commonly ca-a-lied the- Will a-a-mount tommo more than mantisa-ugii. a-a- statute ofsta-il,bin,~.” ~ jim the per.srmn whose liberty is isa-veil- By thue~statUte- of 1 sTemmer, 1. e. t~.a-~ 568

Z790. - who stabs a person, a-sot having, a we-it- eaa-jy in time ~moi’rming,abruptly a-na-I sio~ ~ pon drawn, nor, first stricken, so that he lcntly to arrest him, a-a-of telling his bu- - die ia-s six months, thougis malice afoya-a-~ simmess, nor using words ofarrest. 1 Hale, thought ca-a-ma-not be proved, is ouste-ti of 470. Nor, if oume concealedin acloset, clergy. but mmo thief; is stabbed on a sudden out- This statute- is saidto have- been made cry of thieves, in the-night time, ii,. 42. -on account of the frequent quarrels and 474. Ceo. C’ar. 538. 1 Jones, 429. Fe-st. stabbings, with short daggers, between 298.-9. time Scotch amid time Emmglisls, at the- a-c- But by time a-set of time- 22d of Apm’ii, cession of .Tqrnea- the first, anti besmmg 1794, the punishmmient of death is take-tm therefore of a temporary nature, ought away fm’om this offence, and it is now no to ha-a-ye- expiredwith time mischiefwhich mom’e- than volunta-u’y niamislaughter. it meantto remedy. 4 ,lJlack. Ce-na- 193. Matmshauglster is a killing which lma-p- This statute was adopted as time- law pea-is, either on a-u. swide-mi quarrel, or 1mm -of Pennsylvania, by the 9th seotiomi of the commission of an unlawful act, and the act of 1718. vol. i. pa. 114. without any deliberate intention of do- - It is gcnem’ahhy Imeld timat this statute- ~ng any mischiefat all. And be-log done is but declaratory of the commosm law. witimou.st a-a-alice prepense, the-re can be Xe-I. 55. 1 Hu’wk. (folio) 77. Foul. 298. no a-scccssa-mnie-s before time fact. 1 Hawk. And if the offence je ba-rely mansiaa-mgh- (folio)76. See 3. Inst. 55. It is to isa-a-man tem’ at common ia-w, the- prisoner is rarely frailty alomme, that time law indulgeth ma- convicted on the statute. lb. 299. Amid e-Ye-my ca-se of felonious homicide. The-re- though the indictment he upoms time sta- fore- it ought to be- remembered, that ha- tute, the jury may fumsd mnansla-mugister a-h cases Qf Isomicide upon shiglmt provo- generally, not’ need it conclude “ against cation, if it ca-n be collected from time time form of the- statute, though it is well cireumSt~cos,timat the party intended enough if so la-id. ]. Itwa-uk. 77. 1 Jfca-le, to kW, or to do seine- great bodily Isa-sm, 468. The statute does not extend to per- it will be murder. .T~a-emischief is irm’e-- snims present-, who do not stab. - There- parable, a-a-nd the outrage is considered foi’e ifit cannot he proved by wlsom time as flowing ratia-er: from brutal rage, or a-~.rokewas given, none can be found diabolical nsa-dignity, than from imuna-amm guilty witha-in time Statute, lb. & 2 Hale, frailty. ‘Thus, A. funding a-a- trespasser ~-14.St-a-~le, 86. 5a-a-(I~. 542. It wa-s once- upsa-mi his land, in time- first tramsspom’t of la-eld by clevems judges, that not having passion, beats, amid happens to kill ha-ins, - ,/lrst struck, ta-me-ama-s not iuaviusg given tue it is but manslaughter; but if ise had ,/a-’rst bluiv iii ha-c afhi~ay.1 Jones-, 340.” kmuockcd out his braimma- with a billet, or But, 1mm the e-pa-isa-onof’ Ifs-It, a-ga-bust the la-edge stake, or beat him outm’ageously, a-satin-id order at’ time- woruts, and time oh.. ba-~yondthe bommnds of a sudden rese-mmt- yious mneaa-a-ima-g of’ the- act. Fe-it. 301. Ba-mt na-ca-it, it would ha-ave bee-u a-murder. Fast. see-ins settlu’d, tha-t wtmei’evei’ ape-ta-aim, 291. 11-’ .2. ia-a- the prosecutiomm of a-is a-ct, who Ima-upperms to kill sa-notha-ea-’, was stm’uck - ,,‘ga-la,n in ~e,though without intention of by him in the qumam’a-’a-a-l, before la-C gave bodily harm to a-ny person, ima-ippeflim to the mortal wouma-ul, he ia-a- out of’ the a-ta-a-— kill, It will be murdercur na-a-a-ma-slaughter, tuut; though he ia-ia-nsa-If ga-tS’e the first as time ca-a-a-c a-nay be. If dome-a- in pa-use-ca-a-- blow. 1 lie-mu!.’. 77. A cudgel, or other tion of a- feimmioums intentiuma-, it will be- tIa-iua-g proper foe- d~fl:mice-oreuunoyama-ce ma-andes’; if’ the ifltent was only to comn~ ii, the ia-a-mud of’ time party, is a we-a-a-pun a-Ta-it a ti’espaea-, mnaisslaughutea-’ only. dna-wa-u. Feat. 300. So, tlurowhmg apot, or ‘l’imua-s, A. sb9otctIm at the- poultry of Ii. o,l her a-laua-g’e-a-’outs We-aponat time- party, is a-a-mid by mmccidçnt kihle-tha- a-na-a-n; if’ la-ia-a- us- within time equity of i_la-c words “ia-a-a-viia-g’ tea-a-lie-nwa-ms to ste-ia-i time poultry, which a wa-a-a-pun da-’awua-.” 1 Ha’a-~k.77. S Luv. nma-a-y be collected fu~a-mscircuunsta-a-umcea-, it 256. So, time-owing a candle-a-tie-k. mS~tylc, \u.mii be na-ui-des; but if -done- wua-sa-toa-a-ly, 468. A pea-a-ama- in a passion thi’owimmg a without tie-mt ira-ta-mit, bam’e-ly mnanslia-ug-la-— ha-ia-ma-ncr a-mt another, ia-s not witimima- time- to’s’. 1’qut. 258.-9. - ‘3 Inst. .56. Xe-l. 117. A statute. 1 hue, 4-69. Fua--t. 300. ,1 I!amsl~-. a-ma-a-a-mm a-it tie-: diversion of cock time-owing 77. 1 Jones, 4-33. Style, 469. l.~’el.131-.2. at ‘S’)mrovu’.thle, a-imis,a-e-d la-is a-mm amid kille-d hut firing a pistol, se-misting an arrow a cia-ihJ. It was 1st-id to be mmemsha-tugiiter. from a ba-sw, a a-tone- from a shimig, oa- It is a ba-a-rharoua-s custom, productive 0)’ tia-m-uu.timmg with a- ~ta-milor bIa-a-nt we-a-upon, ga--eat disos’di’i’, a-isa-I clangorous to tha-: is a stabbimig within the statute, limit, byumta-a-mmdurs. i’ua-t. 261. if on wou’dus aria-~ Sot). So, stabbing with a tobacco pipe. smug ha- time- Street, a-a- woman sta-ikc~us a-na-a-n mS’tyle, 468. But this statute does m~otez- iii time- Street with ma-ma- la-e-u patterm, a-nd temmd to a- husband stia-himia-ir an adulterer dra-a-wa- iia-ucla- blood, a-a-mid ha-c gives her a-u found 1mm time fact, nor1.0 a-a- m’nams a-a-a-a-a-a-a-milled bluw aim time- bm’a-~a-a-a-sm.ivitta- the- pa-a-isa-a-a-a-ui u! by thieves iii ha-is house, -lb. 469: imor to ius a-wom’a-l; she flies, he- pta-nsa-a-es la-em’, a-a-nd one, who on surprise suddenly a-tabbed eta-a-bus Isa-a-’ in the- back, it ia-a- but muuaa-s— a-u offi~ei’,who ii~-;heuJia-mto ta-i-a- eha-.nub.’a-’ -~~a-a-ua-us’e-ea-ssa-’;~‘Ike- ama-nt ofthe- a-mall mi wound, and the cffua-ion of deredhuts to bed; h Mimse-d; ascuffle’ 1790 the bhoo.i, might possibly keep his in.. ensued; .71. a-sa-a-~tha-~ra-on, got ~ut of be-a-I,. di~mstioma-boilingto the maine-mit of the threw .4. on the gm’ound and be-at him; feet. Post. 292. Two bailiffs, wiscs- killed 4. in time strife, wounded B’. with a-a- pen- a-a -prisoner, (.~fr.L~ftrel)in his owmm knife-, na-mdhe died, Ruled- to be but maim- ~ousca-by gfriug his-re nine wouma-ds with. slaa-mghtem’. (.7Via-iioz”: ease.) F$t.- 27& if a swc,rd,a-a-sri shooting hitia- with a pistol tWo meet together, and stt’ivimig for tla-~ wise-n lie was fallen on the ground, sveru~ wall, the onekills the other, this is ma-a-n— $~und,gua’mlty of a-smaimshaughmtes’ omshy’, be- slaughtem’ a-umdfelony. And so it is, if they cause it appeared he ha-md given omme of had upon that sudden occasion, gommis time-rn ~ blow- with hie cane; flint his a-ntb the field and fought, amid the on~ sword wa-s drawn and broken, (la-e-w, did had kilicci the other: this ia-a-sd b~omibut aot appear) tlmat he had brou~4a-tthe pis.. a nsa-ma-ia-tighter amid no murder, beea-rusua- toi~in the room, and dee-ha-a-a-ed la-e would sill thua-t fbilowed was but a cmimstia-sua-a-a-ie-s~ not be forced out of Ia-is lodgings. Beth- ~fth~ fl~stsudden occasion; amid-time la-eat the offlcerswere a-lightly wounded. (Rte-- of blood, kindled by ire ma-us t~evercool- sac and ‘J’ronter’s case.) 1 Stm’a. 490. e-d till the blow ~as given, ‘and- so Post. 292—S. Ifthe captain of aship isa-a-s in siniliar eases. 3 Ia-a-it-. 55. 1 Halt. a press wa-nra-a-nt, directing that no per- 455-~6. So it would be, if A. riding on son but a a--a-,rnmia-sio,m officer is to cxc. - tIme roa-a-d, .13. had whipped the- hom’se of rate ia-~and la-is a-sine to be inserted- oui A. out of the tune-k, ia-nd’ then A. ha-ma-i s-he back of it; a-nd Ia-c accordingly ap- a-mhi~hteda-a-nd killed .11. ib. A gea-mtlcnsma-ma- points his Ueutrmmaa-st., who stays ia-a- M~ coming to tnivmm in a chaise, before ha-a- ship, andtIme captain sends isis boa-mt with a-shig’Iuted- dischstrged ha-ia- pistois, a-a-nd by, a-Iota-be- of’ tIme cre-w,to pra-’~s;and sea-ne- ta-ce-ucla-mit killed a-a- woa-i1a-a-um. It wa-a-s ruled leagues oft’ they boa-rd a ship, a-a-itd a-a-a-- to be ia-ma-a-mislaughte-m’. I Ste-a. 48L if’ one- ~-emptto press, and one of the-ia-a- Ia- kill~ dna-a-wa upon a-a-father in. a s-a-mdde-mm quarrel, ed, it is only manslaughter, for they did~ but nm~tkesno-pass a-st la-jun till hsi~sword s~otact according to time ws.rna-a-m’a-t. Faa-t. is uli’au-ui, and tue-a-a- figists with Isbn a-a-na-i 154. Two boys ~bug’lut,and lie- who wa-a-s kills hsiumi, it is ba-st ma-susshaugimtea-’; fom’ ii~ beat, rats home a-Il bloody, amid corn- gas-c his- a-a-dvera-a-a-a-’y time to dca-fes-ud him- pia-’mned to his fa-a-tiier, who a-na-a- three a-ia-if, a-a-nd be upoum lila ga-a-a-a-md. Post. 295. ~Luarte-rsof a- mile, amid bent time othemu Eel. 130. 2 La-i. Rca-gm. 1493. Neithea-’ca-it hey, of wha-le-h beating he dIed. It was he be thought guilty of a greater crime-a- ruled to he- niammsha-sa-sgister, be-cause- done who funding a- nsa-n ia-s bed whim Isis wife, in aimuddemi la-eat a-a-nd pa-isa-ion, and with or being, a-a-ctua-a-lly stia-itek by him, o~ a small cudgelor rod, not likely to kill. pulled by the msose, or filhipped oia -tia-e (Ro~1cy’sease.) 12 lisp. 87. Ce-a. .7-ac. fore-Imead, immediately kills himn-. So, de~ 996. 1 ~iIe. 453. 2- Ld. iicuya-e-u. 1498. fendimig ha-is person from air umslawful as’- k’ost. 294..S. 1 Ma-a-a-a-k. (folio) 83. Divers re-at, ot’ his house a-ga-a-inst persons’ a-it~ plnyia-mg at boss-is, two of them fell out temmmptimmg to enter it fo~cia-ably, &c. 1. amid. qua-na-a-mdi.e-d; the third wla-o had not hiss-k. (folio) 81.-S—S. as-my quarrel, in ra-vemige- of isis- friend, Prom this ossthine,-the remark of .11a-’. site-ne-k time other with a bawl, of while-h Bradford,- iii isis imsquiry, pa. 41. will a-a-p. a-woke-he died. Being done upon a sud- pear to be correct. ~a-1ama-siaugister,lie den motion, in revenge of his friend, says, as explained ia-i- our la-a-mv books, ia- ~a-a-ledto be only mata-sla-a-ughter; 12 lie-p. exceedinglyconspreia-etisivein its sma-ture’. $7. Iftwo fight, amid oneof the-sn breaks Whmilc its deepesta-la-a-des partake of the la-ia- sword, and astrangergiveshim ama-o- hue of murder, its ligistest are faintly ilier, with while-h he kills his adversary; tinged with the-fe-t’ble colours of ca-re- It is manslaughites’ in both. Corn. Th~g. he-a-a-a-mess and ina-mdm’ca-’teimce-. A. see-ia-mg two fight togetimer onaprivate Hoa-nic’a-cle oe-ca-siouia-sd by ace-idea-it, ma-ti’. quarrel, whether sudden or ma-ulicinus, properly ca-a-lied cia-a-a-nec medic!,, us, where ta-ike-s pa-it wlth one of’ time-rn, and- killg a misaim doimtg a lawful a-a-ct, iv1t~tOUthoteis— the other; it is but mucma-siaa-mghutcu’. 1 thou of bodily Isa-i’m to a-a-msy person, unit Hawk. (fe-Iio)82, A. use-tImprovokiusg hams- not using ps’oper caution, a-mnfortua-satcly guage or belsaviommr towards Th: .7). strik- Isappemms to kill. Post. 258. 3 hia-it. 56. 1 eth him, upon which a combat costa-cs, ~a-’wk.(folio) 73. 1 lle-le-. 472. in wha-le-hA. is killed: itis ha-ut usa-usIa-a-ugh- flea-tim ensa-mimsg fi’oun ace-ia-hints Isa-a-p. tea-’;f’or it was a a-a-a-a-ide-n a-a-filmy, andthey pemsing at spom’ts a-nd rcei’ea-a-ta-Ora-s, sue-li foughtupon equal terms. And upon a-ucla- recreations be-ia-mg i~mioe-a-ia-lta-ni). alloWS’ combats, upon sudden qua-a-si’eis, it mat- ble, fa-a-hl within time rmule- of’ e-~cua-sabluO tersnot who ga-a-Ye time- fha-’st bmw: fom’ a-re- homicide. Post. 259. 1 Hams-k. (folio) 7’f. cording to time proverb, the see-a-a-md ilIow Ba-mt it is not sufilcie-ist that time act ta-pout make-s the affray. 1 Hale- 456. Fair. 277. which deaths- ensue-tim, be lawful om’ u.,ia-O~ 995. 4. camehsousa-e-da-’nnk,la-ha- fa-ttiuer or~ cent; it ira-u a-I’ be- dot’uc’ ia-i a fe-rope-? sas.r.- VOL. IL - 4, C’. 1 79O-~ ncr, and with due cautioa-a -to prevent ther wantonly, at piay, or by pal’ryiumg ~ mischief. Post.262. If’the act from while-li with a-male-ed swords, covered with bat- deatia -ensia-eshe a-sot a-ia-alma-a-n in 8e-, but only - tons at time points, or with swom’da in the- ia-ala-a-rn proia-iliitma-mn, as if an umsqua-a-Iified scabbards. 1 Ha-a-is, 472--S. I Hawk. (fo- pera-oms shoot at game, and by accident ho) 75. See Foot. 260.-i. - kills a ma-a-n, this will not enhance the homicide- in advancement of justice ace-idea-mt beyond its intr’a-a-ssic moment. may be comssidered as foumsded in neces- lb. 259. 1 Hale-. 475.~6.If a person be sity, for the ca-ida- of government will be euttin~wood, and thme ha-cad of time axe totally defeated, unless persons cams, in flies off a-a-ra-d kills a mass, it ‘us homicide a-a- dime- course of law-, be made a-meusable per infortunisun only. ib. 472. If workmen to justice, and tiue-refoa-’e, where persomss -throw stones, timber, rubbish, &c. from having autia-orityto arrest or imprison, an house in theordinary course oftheir using the proper utseauss for that purpose, business, a-nd kill, if they gave timely are- re8zoted in so doing, and the party warn’s-a-mg, it will be but amicidental death;, ma-a-king resistamice is killed in time stra-a-g- if a-sot, it is manslaughter at least. lb. gin, this homicide is justifiable; and on 472-.5. ~F’oot.262. But if douse in a popu- the other hand, if the party having an- hoes town orstreet, itmviii be-ma-na-laughs. timority to arrest or, imprison, using time ter a-iotwithstandiisg such warning, Un- proper me-aims, ha-appenetia -to be killed, lest it be done- very e-a-u’ly in the morn- it. will be a-na-me-dee- ia-s all wlmo take a part ing, when few people- am’e stirring. Foa-t. In such resistara-ce; foe- it a-s houmiorde 263. 1 HaIr, 475., I(el. 40. See 1 Buss-k. comm’mttea-l ia-i desp~teof,the justice- of (t’olio) 74. If a ma-n drawing’ a cart, he-. tia-ekimigdom. This rule supposes that kills, if lie Isad a-motice of time mischief resistance is made, and upon tisat sup- likely to ensue, auu). yet drove on, it will position will hold isa- all cases, eivil or be murder; ifdomme tlsrough heedlessness ce-ia-a-sinai. Por ia-s case of resistance ~mmm ma-nd ws-nt of da-me cis’eumspection, it will either case, the party ha-via-mg authora-ty.~ be nsaiislauglster; ifha-c took all due eam’c, to arrest or imprison, may repel force it is but accidental death. Fast. 263. 1 by force, and if death emma-a-me-tb ia-u the hale, 4-76. If a ma-n whip a-a- Imorse on struggle, lie will be justified. This is winch another is ridia-ig, whereupon ia-c founded ia-s re-a-a-na-ia-a-nd pa-a-bile a-itihity; for - springs out, amid runs over a child and few me-mm will qa-uietly subunit to an arrest, kills him, the m’icleris gma-ilty of homicide if in every case of’ rcsista-imce, the pasty per is-hfortua-a-ia-a-ni, the otherof ma-usia-nigh- empowered to arrest wa-a-s obliged to dia-. tee-. Lb. A man foumsd a pistol iii the shot, a-a-sd heave time business umidoime, Time- street, which-he- had re-a-a-son tà be-lie-va- ca-ma-c of bare jllgla-t ia-s order to avoid a-a-mm isa-s not lcia-a-ded, iiavia-mg tried, it mviths’the arrest ia-s a civil proceeding, a-nd like-- rammer; he caine). it home a-na-i a-ha-owed wise in some cases of a-a- criminal na-ta-a-re, ~t to Imis wife, and a-lie sta-a-nding before- ~ihl fall a-ma-ide-na d’a-ft’ere-nt considera-rtiomm. him, he pulled up time coe-k aa-md touched A defendant in a civil suit he-ia-mg a-pprc- the triggei’, time- pistol we-ut off and kill- he-naive of an a-a-e-rcst, fiuc’M, the officer ed the woman. This was na-lcd to be- ma-rn- pursue-tim, and in the- pia-ra-tuit kilkth la-in,, slaughter. Eel. 41. But, ia-i tia-e opinion thia-, says bra-i Ha-a-la, (1 iha-le-. 481.) will of Faa-tsr, is ha-rd. and illegal judgment. be a-na-a-i’s-Ira-’. Pus-tie- says, nuurdee- or nsa-n- foot- 263-.4. A ma-a-mm went with Ia-is wife- sl:a-uuglst.ei’; as cia-’ctmmstua-ncea- rosy vary ora -aSua-sda-ry to dine at a fr’a-eusd’s house, time ca-a-se. For iftime- officer ia-u the isa-a-it of’ carried a gun ia-a -hopes of sport, dis. pursisit, a-a-a-id merely in orden to overtake - charged. mt be-fare dinsa-ea-’,set It in a pu-i- the defends-a-a-it, a-boa-a-id trip a-up his lmee-ls, .i.a-a-te- place, dimmed, we-lit to cimurchs, and or give him a stroke with a-a-n oa-’a-hina-a-a-’y ma-i time evening ‘re-ta-se-ned whim hia- wife- cudgel, oa-’ other weapomm ust like?,g to LVI, a-nd neighbours. Time ga-mn ha-sd bee-mm load. ~nd death a-ia-na-a-id uma-ha-a-ppihy eisa-a-a-c, it ed by anotlser due-ia-mg hsj,~sabs-ca-a-ce, and will amount to rio misore tia-aa-m a-sma-uma-shtua-gii- lie ignoruust of’ mu-la-at had passe-a-I, took up tea-’, if, in some ca-a-sc’s, even to thus-ti sf- ~he gun, touched-the trigger, a-a-id killed fbnee. 1’he blood sv.a-s he-a-ted in hiss’ pun- Ia-is wife-, wia-ons lie temma-lei’ly loved, a-a-md a-a-mit, hia- prey, a-s lame-fa-a-i prey. just witia-in lie was acquitted. Post. 265. But regri. his rca-a-cl’, ama-cl no siga-ma-a-l a-a-siscla-ief’ wa-s ia-i— la-a-ny, if time act wine-lu oca-s-a-a-siomma- the tea-ide-cl. But isad he a-msa-a-d~use oh’ a-s deatia- of a-a-man, be a ta-’esp.sss, or cams- ly wcapoa-m, it would have- aa-sa-a-ua-stea-1 to not but be attena-led witla -tise-manifest ia-isa-t’de-i’. ‘I’ise inise-la-levomis vIndictive spi. duuiger of hurt to sona-a-a- ma-un, or be of u-it, which always ia-a-a-s-St he coile-et,’a-l fromua- a-a-ich a na-ta-me-c, that mt ca-na-lot he used cis’eumstanees, detcm’na-ia-uea-m the- a-a-a-a-ta-a-tO of Without manifest iuazam’d of’ life, and time othbnce. Tia-e l’e-w is the a-a-a-ne ia-i case there were a-mo delibee-ate- ia-ste-nt of ma-is- of a mere breach of the pea-a-ce, ca-n any chuef, the killingis ca-teemed na-a-a-nslaughm- other muisdemena-mor short of feloa-a-y. Ba-ut- - ter. ‘lhus, sia-ootingat dee-a-’ ia-i a third where felony is committed, a-a-nd tla-e- c~- person’s’ park, throwing a-tones at a-iso- ba-a- ftia-’~klisa-ia- ,.~a-a-siis-”, or a- ds-rnge-roua 571

‘wound is give-a-i, it is the duty of evem’y ed ca-a-s never be repaired os’ forgotten; 1790. ma-ma-n to use his best endea-a-vours for pre- a-nd siatnu’e, to render time sex a-a-miable~ L.~j ‘renting an escape; a-a-id if in the pa-me-suit ha-tim impla-a-msted in the fe-nsa-ic lie-art, a flue party fiyimmg is killed, us-Ia-err ia-c cola-- qa-mmehd sense of’Ia-ousour, time pu’ide of vir- ia-ut be ot/a-a-a-e-’wli-e overtaken, this wa-il be toe, whuicia -kindlesa-nd inflame-sat every a-ice-med ju~tifia-b1chomicide; for time such instance of brutal lust. Hea-’e the pursa-mit was ma-nt baa-ely warra-a-ita-sble, it is law of a-elf defence plainly co-operates what, thur law m’equim’ea-, and will punish ‘wa-tIa -thedictates of flats-ire. See 1 Hale. tla-e wilful neglect of, It is the duty of 485. An attempt is made to commit ar- every na-a-a-n ia-u these cases quietly to yield son or burglary in the habitation; the himself a-a-p to the ja-mst’mee of his country. owiser on any part ofisis family, or even And for this rca-ron it is, tima-t flight a lodger with him, may lawfully kill time alone- uposm a-a- chma-u’gc of felony, ia-a-due-es assa-a-laa-mts foe- pm’evea-stia-mg time snischief a foe-feitum’e of’ goods, tlioa-a-gh time- party xmstcua-ded. Cro. (jar. 544, ~ee Fort. 2~3. upon ha-is trial may be acquitted of the —4. . - - fa-et, l~’orba-u ha-ath done wla-a-a-t in Imina- lay, Culpable, andthrough-the benignity of to stop the course, of ptti~1ie,psstice. tlse- law, e.vc a-s-able, self defence, borders Time-sc rules a-se-c founded in public utili- very neaa-’iy upon ma-a-ia-laughter, and in ty, that cnimes ma-y not rena-a-in umspumm- fact a-nd experience, the boundae-ies a-rd ished. And if in tIme cases last mention- in some instances, scarce perceivable; ed, tlse felon, or person giving a dange- but 1mm consideration of law they have- rous wound, tura-ss upon the pursuers, been fixed. In both cases it is supposed, a-nd ,in the scuffle any oa-sc of’ them is that passioa-m hath kindled on eacha -side, killed, this mviii be murder in time person a-ia-). biomvs Imave passed between the pa-a-n- so z’esistia-ug, and a-hi his a-due-ne-a-its pre- Ile-s. But in the case of rnanslaua-ghter, it a-ent and knowingly abetting. See Post. is either presumed, that the combat on 270--l--2. botia -sides bath contimmued to the- timer &lfdt /’eizce naturally falls under time the immortal stroke- was given, or that tli~ lie-ad of1 la-onmicide founded in necessity, party giving sue-li stroke was not at that and may be considered in two diffem’ent time in ia-na-iiha-me-nt danger f death. He, views: 1. homicide, a-a- et a-na dej’endezua-lo, therefore, who, in tia-e case0of a mutual wba-ichis perfectly ia-snoeent a-a-sd justifia- conflict would excuse himself upon thd ble-. ,~. That iirla-’mcia -isin some measure, foot of self defence, must shmow, that blame-able amid barely e-xca-a-sa-a-bbc. before a mortal stroke give-n, he ha-). No place ca-a-i be so sacred as to de- declined a-ny fa-rtla-er combat, a-nd a-c- prive a-s maim of his right of self defence, treated as far as lie could. with safety; na-md oblige la-bia-to yield himself’ a ta-flue a-a-id also that he killed his a-dversaa-’y sa-ce-ifice. Sa-a-ciu passive conduct woa-ild, timrough mere necessity, a-a-id th avoid in fact, snake hums cm’inmimsal ia-s the Iuigha-. ia-immediate death: If lie- fails in either of cot degree; ~‘oi’a-a-Iiouhch he a-me-glee-f to de- flue-se circumstances, he will incur time fend himself, lie mvoa-mid be-come a-feb da-’ penalties of rnamislasa-giuter. Thus (1 Hale s-ta-. The law of nature which dictates self 479.) .d. heia-sg assaulted by B. returns preservation, is so powei’i’mih. tia-a-a-t it a-ia-- time- blow, ca-md afig/ut ensues. .~f.before a lice-se-des a-Il otha-ci’ ha-a-wa-, a-mud s-ta-a- attempt mortal woe-a-sd given, declines any fan- to re-strain it, is a-a-bound, a-na-I ia-sc’fliea-- tImes’ conflict, a-nd retreats as -far a-is lie a-’ious. 1)aggc, on cria-mm. haw. dma-a-p. 8. c-aim with safety, a-a-md then, in his ouvn do- ,S 1, faa-see-, kills B. this is exca-a-sable self de- 1 Imu time ease ofja-ia-tifla-ble self defence, fe-a-ice, timoa-mgh.’9.had given several blows, tha-e imuja-mncd pa-a-a-’ty may me-pci fom’ce ,by a-jot ma-a-tel, before. But if time snoa-’ta-ml foe-ce in clefea-ice of his pe-i’sua-i, ha-ba-ta-- stroke- had been first given, it would tioul or property, a-ga-ia-sot a-mu)’ oa-m ‘who isa-rebeen rnala-slas-a-ghster. The eases here niaa-uifea-utiy iiutea-sds, amid ca-ide-au-ours by put, suppose- that the lie-st assault wa-a- hole-a-ice oa-’ stimpniza-’ to comsmrma-it a ha-iowa-i ma-dc upon time party mu-Iso killed in his fbloma-y, mmIxa-n &a-tla-er. In tia-c,’a-a-e ca-a-se-s he- is a-swim defence. But, as in the case of na-an- a-lot oblige-a-I to m~cta-’ea-t,but a-naypa-ira-tue. a-la-register a-ipoa-s sudden provocations, la-ha- a-dvc’m’a-a-u’y till la-a-s l’a-a-sda- ia-isa-a-self out wIse-ne flue parties fight on equal terms, of da-nga-s-i’, amid if ia-i a- conflict betweca-s all malice apart, it matte-no not who gave them lie iia-a-ppea-uia- to kill, a-a-se-hi killing is tlme first blomv; so, in this case of ems-cu- justifiable. ,.k’e/. 128..9. Eve-us Ia-is se-ru-a-a-a-it, sable- self defence, th~first assa-ult in a lime-ma -a-ttte-a-md’aia-tums is-ia-n, oa-~aa-iy other pen— sudden a-ffi’ay, all malice apart, will sos-u present, ma-say ia-a-tee-pose for prevemit- ma-a-ice no difference, If a-a-itla-ea-’ ja-aa-’ta-j ga-a-a-to ing usia-clsIa-,’f. 1 hale. 481. 484. Iii this the combat cud i’ctreata- before a mortal ease a-satuma-’e- a-a-mud sue-ia-i duty co-operate. -a-s-a-us-md be gives-a-. But If the first assault A mvoma-a-n in defence- of lien chastity may he upomu malice, mvbich must be collected la-a-mu-fully kill a pea-sums attempting to corn- ‘from ch’cua-nmstances, and the assamla-Ist, ia-a-it i. a- a-inc a-a-puss ha-a-a-’, ‘rime ia-a-~1ia-’cia-a-tea-sd— to give- se-a-ne colour for puttiuig in ex~- cutlola -the-wickedpurposes ofla-ia-he-a-a-nt, a-Ia-a-ughter; ba-mt tiu~jury are a-mt compel- retrda-ta- a-nd tia-a-.~a-a-turns arid k~s, this la-a-l.a-ic a-o to do. Cs’s-. El. 276. (464..5.) ‘‘1’”~ will be- a-na-trdem’, Ifbe had ‘isih’tcd without ia-a- every c-ha-ne-gd of murder, the- fact retreating, it wos-a-ld a-indra-ibtedly ha-ave of killing being first proved, all time- ale-- been sQ; a-s-a-md the om’aft of flying rather eta-na-a-ta-a-me-es of ace-ide-mit, necessa-ty, on in- aggravates this-n -excuses, as-a- it is a fresh fa-ivma-ity, arc to be sa-tmsfa-rctoniiy pm’oved indication of, the a-ma-alice a-a-Inca-dy maim- by time pnisomser, unless they a-visa out of tios-a-cd, the heart dcibea-’ia-tclybent upon the evidence proved aga-a-a-mst ha-na-. Poe- mischief. The other circa-ma-ia-Stance- a-ce-es. the lawprosuxa-mes thefact to isa-u-c bee-a--s a-any to be proved iii a plea of self de- foua-a-d~udia-s -malice, until the- contra-s-ny fence, is,. that the fact was do.a-se from appears. Au). svhentime questionis, ivime- mime-re- a-secea-a-sity, a-nd to avoid ia-a-a-a-a-mediate- timee- the homicide was comma-mitte-). wil- 4eatha- as. in .7V’ailor’s ca-a-se, before cited, fully s-mu). malicious-by, as-- uusder circum~ ‘who, co-a-suimmg home drussle-, wa-s crde-a-’ccl sta-,a-s-~ces,juumtifyia-mg, estvmlsiuug or a-he-rust- 1o la-u). by his father, a-a-sd in a sea-a-file ia-mg. it is the proper ma-a-sd oa-sly provia-mee- ~ta-a-bbe).his ba-’other with a pea-ika-sife. It of time jury, to fuss-i whetlmer time facts a-i. was ruled to be nsa-a-ia-la-righter, for there ledge). by mu-ny ca-fjustification,ex~useor id a-met appear to be s-ny inea-~itabJca-s-re-es- alleviation, are true. ;But supposing them a-n as to es~cuscthe killing ia-s this true, whether sue-is homicide bej a-a-stifled, a-a-1’~na-me1’;the deceaseddid. not ~ppear to exca-a-sed or a-lle-v~ated,must be subma-t- ains at the- prisoner’s life, but rather to ted to time judgma-a-ntof±be-court. J?or on chaa-t~sa-him for his misbeha-avioa-~’and a special yea-die-t,time e-ourtare judges insolence towards his- father. 8cc Post. of tIme malice, a-nd wIa-ethea-’the-re wa-a-a- ~-76—7~. ~ut tlmoa-a-gh the party assaulted time to cool, or Use act be dalibes-’ate, na-’ sa-a-ust flee- as far as ha ca-sm, either by re-a- not, a-a-md. a-sot time jury. 2 &a-’a. 773. 224. s~nof some wall, ditch, or’ other impe- Re-a-ia-a-a-. 1493. But this doctrine, isa- tla-hs a-~.imnent;yet time assault maybe so fierce ex(ent, is a-sot adapted to tIme cliunate--of as not to allow la-ins to yield a-a- step, witim- .Z’enea-,!,’lvania. The jury rs-a-ma-y, s.nd do, oa-a-t rnanifbat d~ngarpf ha-is-a- life, or ca-moe-- give ge-a-semi verdicts-, judga-ug both of mimosa-s bodily ha-nm; a-a-a-sd then ia-s hs~ss-he- the fact a-a-md tixe law. It Is fe-a-.me the court ~ence lie a-may kill his a-a-saa~haa-stinstantly. direct in matteroflamv; and sue-li also i~ As-sd this ia-~1medoctria-a-e of ua-siversaijus- time Buglisha- practice. See -Past. 255, tie-c, ss well es-a- of the nmua-a-icipei ‘law. 280. - Ana-,l, as the maimer of the defeu~e,so is No one cams excuse the killing ofa-.mmo~ ai~otime thus to be-considered; for if the time-n, by setting foe-tim ia-s a special plea-, peu’sor~assaulted does- a-sot fall sipoa-m -time that he did it by a-mmisadvemiture, or self e-ggnmsa-os’ till the afli’ay is ores’,orwhen defence; ha-st he must plead not g’miiltyi be is running away,this is rave-usgs, a-nd and give thespe-cialma-matter in evidence. ?mot defe-a-sce-. Uma-der tlmia- exca-a-se of self 1 iTems-s-ic. (folio) 76. Co. Lit, 283. a, - defence, the- pninpipal civil and natural The act of .Assemmmbly of the 22c1 of ye-l&tions are comprehended; time-re-fore Api~1,1794’, makes a-mo other alteration na-aster a-a-md, ses’vant, pa-rent atmcl clmild, in this- law, tla-an fo ‘distinguish the- husband a-nd wife, killing a-is aa-sa-ilaist in a-Isa-des, ot’ degrees of crime, na-md a-ppor. the a-seccspa-;’y def’ca-a-ce of ca-a-c-is other res- tioa-s time pua-sisla-mnent. ‘i’hsus, a-Il murder, pectively, a-re e-xcuse-dm time a-ct of tIme- rc. which simall be perpetrated by means of Ia-a-thou assisting boia-a-g constra-meul the same pa-lea-ma-, or by lying in ‘wait, or by sa-sy ct/a-cr ma-s time act of fhse- pa-svty himself, Se.e 4 kindof.wilfua-l, deiibea-’ate, andps-a-medicated 1)1cc-k, Ca-s-ui. 183-.6. killing, or wb.ich shall lie committed ‘us In juss-ifithle homicide, the party is te the pe-a-’pe-fa-’s-a-tion, or attempt to pea-pc. b~1i~a-sa-isscdwithout a-a-ny f’oi’feita-u’e. ~o,ia-s trate, a-a-ny e-ra-os-a-,rape, s-’obs-5ery, or burg/a. time ease of des-tb by ca-a-a-a-ualty, by the a-’y, shall ba-u deemed nsurdea-’ of time fist - constit,~t’moa-iofthecoms-a-scmnweahthi;wimich, degree-s -a-a-a-mda-ba-a-U be’ pus-a-is-he). with ly ha-~ra-igninterpretatiouu,’ a-night be- comi- death. All otimer kinds of murder shall a-trued to extend be-u-os-md time obsolete- be deemed na-ue-~he-a-~of time .a-cc-ond degree-s- foi’feitnm’c of dc-or/is-nd. To tha-e ease of a-a- and a-ha-li be punished by imnprisona-a-semut fia-lo de se’, it is exps’essly extended, But ‘a-nd hand laboum’, ia-i time gaol and peisi.. the comusmonwealtim seeks a-sot forfaits-ui’es; tenthary Imou~eof .P1s-iladelpIa-ia, for a Pe- nor in any ca-sc c-oa-sld they be exta-’a-uded riod mint lea-a- this-us five years, nor more bayous-i the life of’ time offender. Pa-ma-rn than elgia-teen years; but oa-a- conviction mruana-hs-a-ughmter,the forfcita-s-a-’e-wasremoved of a secoa-vi. ofFemice of nmtu’dcs-r ia-s the- a-c- by a-ct of 8th March, 1780. (Chap. 878~ c-end degree, time ia-umpnia-oa-sment at Isa-rd ~ ‘5.) except in ca-s-es of stabbing; amid la-boa-u’ a-ha-all be during life. nnpnisonna-ea-mt substitute-si. By thia- act, murderia-i the-first degree. On ama- indictment of murder, the par. bypoiron, arson, rape, robbea-’a, or bia-a-~’/~- ty offending nuay be acquitted of’ a-our. a-g, is precisely ds-flned; by lying is-s ‘s.utait, des’, a-a-sd yet ~e found gu,ilty of a-flap,. a-sot e-e-e-taiimhy, but rca-a-sea-a-ably so~bia-t ~l ether kinds of ‘wilful, delia-la-ei’ate, and pre- Conoeal~meimtof ~tlje4at1a- of ba-a-stsrml ip’~rj.- ta-a-edita-a-ted killing, a-ne left to eoa-mstra-uction cbs-ide-en, ia-ce-ne-dingtothe circumstances a-a-pout circumstances, by the correct, but- of the case, -many be punished by impm’i- benevolent principles of time common sousa-ne-mit at ia-ar). labour for any time ha-ma-c Time jury, under the direction of not exceeding five years; on as a mis-dc. the court, most a-scea-’ta-ia-i it, Upon tea-mm- nmeaa-mor, - perate a-unimpassioaes-]. reflection, they. l”olta-s-a-tsa-’/f m.msnslua-umghter a-u-isle-b thea-ct- - cams seldom ear. Cases of isa-Plied-malice, does not define, but leave-alt to time corn-, are a-a-nt excluded. ),‘oisomu implies malice. isa-put law, inpindes that class of cases. la-i this crime pccu,Ua-a-nly, the ch’c~nistaa-a--formerly pwiished with death ca-ide-n time ce-s attendia-mg tise -ease genee-a-a-ily bets’s-my statute of a-Jabbing; kill’s-a-mg on a sudden the ma-motives -of time iseas’s-. Ba-ma-a- the fa-e-t qoem’rel,-or ia-a- consequence of reasonable been atteude-d with sue-h -circumstances, provoeatioma-a- or in consequence-of an as- ma-s care-yin time-rn the plaia-a- ia-mdica-mtions of sault, uudei’ circus-a-a-a-stances ‘which me-acid a-a-si lie-art re-gardless,of social dusty, a-a-nd not expose upon time- principles of se-It’ f’atmshiy bentoa-a- mischief? lie- mu-ho carried defence, sha-e-hl be- punished byimprison- Is’s-s sidic- Is-a-timer against his mu-ill, fm’om a-a-sent a-t Ima-se-ci la-a-boa-a-r, in the gaol and pe. town to fown, in a cold a-a-id ‘frosty a-ea-- a-mitcntia-ma-’y boa-a-se of ,Pfui.lea-ielplu/mi, foe- any son, so that lie dind.—The -motlser wiso ta-a-use not less’ tImsa- two, smo.r mom’e than Ia-id hen infua-ntin aha-ogatyc, that it ma-sight ten years, lea-via-mg a discra-mtio;m to appor- be -devourcd;—Tise,gaoher, m.m’h,o by op- ta-on it aecordia-ig ‘to -time e-irca-a-mnsta-s-ncea; pressioa-a- of a- ~nisoner ia-s his power, sa-a-- s-a-mm). to ga-re see-us-i-tv foe- good behaviour tha-guishes life, by protracted, usa-mule-sit- during is-fe, or foraumy less time. Aim). foe- - ing severity; as’e not these ca-s-esbum which the se-eon). ofl’euiec, the imprisonment deliberation a-a-sid. cruelty concur, floiving ia-c. not to be less timan six, a-or more from a wicked heae-t, a- mind gs-’ie-m’ously tisan fourteen years. deprave-si, and acting from motive-s high- Iy crimsminal? It is with s-a- vie-mv to the act a-n.l’nu-ol,m;mt.eoa-msequea-me-eaa-’,y -unna-islaughter,of a-a-n unlasa-s-f’ul‘Imappe-nisig’act, a-smay. of 1794, that time- editoe-, ia-s this outline with the leave of’ the court, be charge-a-I. Isa-s drawn tha-s- ca-s-es- toga-a-timer with ~xm0- as a misde-smmeasmoa-’, and the felony waiv~ sidou’able labour, to enable tb~se-svhm~ c-si, ~a-dna-i commvictioa-a-, time- party be fines-i are not of time profea-sioms, to j.~gefur a-mud imprisoned a-sin cases of a-nisclemea-- themselves, and to distinguish, na-s a- ca-os-’, or both affe-ma-ces na-a-my be charged-is-s ject s-lee-ply intea-’e-stisa-gto tue whole coma-i- the a-a-iOn indictment, -a-a-id the jury a-nay ra-mumiity. ‘S(~1soca-s-ui swish time outhimme to be acquit hint of.ousc ama-cl fluid hia-n ga-uiitj’ of ~iUcdtsp, -or enlarged byisew ca-me-es-? wlso tIme other chine-ge. if it happen hut eonsc’- ca-a-a-s wish that a-a-Il the ,djstia-setioa-a-s- or dis- qua-usa-ce of a civil trespass, it a-la-acid be- cnia-nimmatiosa-s of which time act may be e-hanged asia-mama-slaughter.But wise-re-f-he- susceptible, a-nay be marked la-ce-caller ca-’isma-e “is faintly tinged witim the feeble by judicial decisions? Thrice- ha-s-pja-y flux colours of cas’elesa-a-sess amid 5nadvea-’~ the commonwealth, should ‘ut re-maims on fe-a-see,” them’e mu-lU he -ca-sough of a-em’em’ity cur statute book, a-a- dead letter, na-md a-c. ia-a- its pusnisiumemmt as a mis-ide-maca-a-nor. cumulate- the rust of um~es! - All time- ,a-’ema-s-iniuig branches of isomni- ,/~,h1mona-her which follows- felonious a-side are left as they were, -save- only thia-a-t acts, while-h mu-crc not formerly ca-pita-I the foe-feita-se-e anciently attendita-g -thesis,, ce-ia-ne-a-; of via-huh a-a-ia-me-ross-s ma-ta-a-sc-es a-a-say be cpa-side-red as nasa-moves-I. ha-ave bee-n given, or in comma-ca-pie-nec of offensive huusgu,age, ‘a-via-helm ba-ms ba-ca-s i~iAYA4EM. deemed to be no provocation, a-a-md the JWayia-eua-s-, is the yjolently de-pt’ivia-m~’. na-murder not. pa-’ea-ncditatcd, Os-’ na-a- me-u-amiga-a- a-a-mother of time -ia-se of sue-hi of ha-is a-ne-rn- ps-’edcternuia-ued,. or ia-i consequenceof a-sets -be-a-s as may render him time less able a-s pm’oim’thited by Ia-wa--ca-lied s-ma-ala-a- ps-’ola-ibita; ~iglmting,eithmcr to defend ha-ia-na-elfor a-a-a-u~ us-s -consequenceof riots and unlawful a-is- s-soy his a-uch’ersa-rv. And tia-ere-fore thin seumbhies; in consequence of f-re-spa-isa-es cuts-ia-mg off or disa-~hling,or weahsonia-mg:m committed upon the prcpem’ty or posses- a-sian’s -la-a-a-md -or flmmger, or ste-a-la-a-a-mg out he; siomm of another; in all similna-’ cases- eye- or for,etootim, or depriving lion of wiies-’e it is e-vids-~ntthere Isa-is bee-a-s no those parts, time loss of mu-lime-is, ia-s all a-a-a-a-— - precedent intention to kill; and snore ma-is, aba-tea- time-hr courago~are held to pam’ticulam’ly ia-s cases closely boa-’dening be ua-uayia-etua-a-. But cutting ofF -tIme can, or na-s mna-ussia-a-a-glmtem’, will be but isa-cu’s-her is-s ~ssose,or time like, we-a-se not held to be the seco,sd siege-ce, and according to the ina,yhes-a-a-e at common law, because they s-Isa-a-dc or colour of the ofi’a-a-a-mce, in -time do not we-ma-Ia-ca-i, but only disflga-a-s’e. a-a-na-a-nd discretion of’ the count, time pa-mn- By the statute of 22). & 23). Qlupa-’ies ishment may be apportioned by imps-i. 2rl. c. 1. called the Coves-a-try act, being tons-ne-nt a-a-nd ha-a-’d la-mba-a-ms-u’, betmi’eea-s five ac-ca-s-los-med by a-mi assault on a-in Jo/a-s-u Co. a-a-mid eigla-teeum years. rica-try, in the- street, and slittingia-is nose 1790. in revetige (a-s ~as su~a-posed)for some c’a-bhy, a-s-nd a-gala-sot her wihl.” Time sub- obnoxious words a-uttered by li’s-rn ia-s Pam’- ject, says B/ac/ca-tone, is highly impa-’oper hiamnent, it is ema-a-a-eted, that “if any per- to be publicly disàussed, except only in soa-m shall of’ sue-Ike uij’oa-etla-ea-zgla-t, and by a cots-nt of justice. Nothing more will bjing ia-u wait, usa-lawfully ca-it os-it or dssa-’ therefore be added lie-re. Time a-mature of bie the tongue, la-ut out a-ms eye, slit the- the crime is as we-il ua-mdem’stood, as the smdse-, cut off a nose or hip, on cut off or crime itself is- detested. - disable any limb-or memsmb.a-r of any other By the s-a-ct of 22). ofApril, 1794. § 4. person, with is-a-tea-it to s-na/mum a-u’ dia-jlgua-ce The punishmea-it oftisis crime, or of be- la-ia-s-a-, ‘such person, la-is coumnsehlors, alders ing necessary thereto before the La-ct, is aim). abettors~shima-il be guilty of fe-lousy, imprisonment at Isa-rd ha-boa-si’ for a pe- without ba-use-fit of clergy.” This statute riod’ a-sot less~than tea-a-, muon snore f-isa-a-i wa-ms adopted ia-u the same terms by na-sr twesmty one years, in the gaol a-nd peni- ~ct of 1.718, “a-a-md. time persons so offend- tentiary Imouse of P/uiladelp/a-ia. Por a se- ing, their counsellors, &e. knowing of cond offence, by sect. 13. a simiham’ im- a-s-mu). privy to the offence-, shall suffer prisonment at lmam’d labour, during lff~. death as ‘s-n cases of felony, without be- nefit of clem’gy.” Vol. 1. pa-’ 114. SODOMY,oi’ B—GG——RY. it was held, on a-sm indictment against l’ia-ia- is denominated the infamous one Co/ce, for’sl’mtt’ua-sg the nose of oa-a-e cu’inue agais-ua-t natla-u’e, committed eitlser Cr/a-pc, (intending to murder him) a-n). with man or beast; a- crbn~which ought mvlmo Ia-adthe efFronteryto me-stlila-defence to be strictly on impas-’tiahhy’proved, and upon this point, that the assault was time-n as strictly and impartially punish- committed withs an intent to nsa-mrder, ed. But it is an offence of so dark a-a-, a-ma- (while-Is is no felony) a-mud a-sot with an ia-i- ture-, so easily chai’ged, as-sd the negative tent to disfigure, andthserefore not with- so difficult to be proved, that time ace-a-a-- ia-a- the statutes- f-ha-ut if aman attacks ia-no- sation should be cieas-’ly made- oust; for if timer to rnus’des, him, witla- sue-lu a-si instru- false, it deserves a punisla-a-mue-a-mt inferior ment as a imedge bill, which cannot but only to the- crime- itself. endanger the disfiguring him; and ia-u This- offence was made felossy without a-s-se-hi atta-s-ck,happea-ss not to kill, ba-a-f-na-sly be-nefitof clergy, by time statute of 25th - to disfigure isim, ha-e may be indicted oms Henry8th. revived and confirmed by sta- this statute, and. it slmall be left to the- tute of 5th Elizabeth, c. 17. a-nd incom’po~ ja-u’y whcther it weu’e not a- design to rated into os-mr law by s-lie act of 1718. iOur).er bydisfiguring, a-nd consequently vol. 1, pa- 113, a ma-he-bums is-ste-a-mt to disfiga-mre, as- we-hi By the act of 5th April, 1790, Every a-ms to nia-mrdes’. S,e-e- 4 ,I3lack. Corn, 205 person convicted of’ this offence, on as ‘—7. -‘ access-any thereto befos’e time fact, shall Thus- sixth section of the netof 22). fnm’fca-it to- the commonwealth a-il isis la-ads of Apm’ii, 1-794. re.enacts time above, and and tena-imcnts, goods- a-na-I cla-a-ttehs- lie furs-ha-er iumcludes the ce-ia-nina-I act punisha-— I)nssessed a-mt s-lie time time crime was ed by-time Emmglish statute of 37 lies-a-. 8. committed, aumd at a-a-my Cia-ne afterwards c. 6. of malicious-shy aa-md a-ia-a-la-ma-fully cut- ua-mtil conviction, a-a-id be sentenced to sims- ting off time ens-’; a-mid this fmmrthuer addl- dea-’go a servitude of a-a-my term or time, tion of” volua-mtarily, unahicios-ushy, and of at time discretion of s-lie ens-a-nt, not ex~ pa-se-pose-, pulling or pa-mtting out a-n eye, ceeding ten ye-s-a-i’s, at isa-rd. la-bout’, &c. while figisting or otherwise; and, abo- Aa-md by f-ia-a act of 22). of Ape-hi, 1794, lishing the pa-ma-mis~a-mnntof des-a-tim, pa-un— the punishment for a second offence, is ishea- the offea-sdeu’ with a coa-a-finemea-mt at imprisonment at Ia-a-a-rd labour during ham’). la-a-boa-a-u’ in the gaol a-a-a-id pea-site-ma-a-s-amy life, house of Philadelphia, for na-sy tins-c not lea-a- than two, nor mama s-la-a-a-n ten years; ARSON. aa-a-d a-a-iso to pay a-a- fine s-a-ot exceediua-g na-me If any pee-a-na-s or pea-sos-a-s a-la-a-hi be con- thousa-ud. dollars, tlss-’ee fourths where- victed of maliciously and voluua-tas’ily of’ a-ia-a-li be for time use of the party bum’a-sing the dwehling house, barn, sta- grieved. - ble on out house of a-a-sos-lien, Ima-ving corn on Imay there-isa-, he shall stiffer dea-Um. Act - RAPE. of 1718, u-oh. 1. pa-a- 115. Rape is another ofthe- private felonies By the a-ct of 21st le-ebruary, 1767~ againstthe body of time sus-bject. The sta- (vol. 1. pa-a- 272,) II’ a-a-a-my person a-ia-a-li ms-a-- tute of 18th of Like-bet/a-, excluded it he-mushy amid volua-mtanhhy burn the- thu-el- from the benefit of’ clergy. Tics punish- himig house, or any os-lien hmoua-se, barn or a-mica-mt of des-a-f-li wa-a-s a-s-doutvd ia-s Pennsyl- stable adjoining thereto, or a-ny barn on vania by the 7th sectious of the act of out house, luaving- corn or imay thee-cia-a-, 1718 vol. I, pa-’ 113. Iths defined. to be, although time same a-ha-hi miot be adjoining “the carnalknowledge of a womnan for’ to such dweffing house,beloumgima-g s-na-ny other, he shall suffer death without be~. dwelling Imoma-se’ of’ ama-other in the smight 1’700. ma-edt of clergy. time, with a-a-a-s intent to kill some re-ma-son- By time a-a-ct of 21st of Ma-m’ch, 1772: able creature, or to comnna-it’ some other If any person s-hail maliciously a-a-nd. vo- fe-lea-my within the s-a-a-ne house, whether luusta-u’ily burn the a-tate la-os-s-se, or any of f-la-c fe-la-ma-minus intent be executed or a-sot, time adjoining offices or buildings, or a-s-a-my he- or they s-n offending, within this pro.- cia-s-a-re-h, meeting linus-c, or other build- vince, being convicted time-re-of as afore- ing for public worship, as-’ a-a-my aeademny said, sims-a-hi stifFer a-lea-s-tim withota-t benefit Os-’ school ia-na-a-se, na- library beioa-sgia-ug to of clergy.Vol. 1. pa-a- 115. a-a-my body politic or corporate, la-c sims-a-il Aumd, by a-n act -of 21st of March, stiffer death without he-a-se-fit at’ clergy. 1772: If any pes-’soa-m s-isa-Il -break and en- Vol. 1. pa-a- ~82. ter the state house, am’ any of the adjoin- But by the act of 22). of April, 1794: ing offices or buildings~or a-ny church, Every pee-a-on duly convicted of this a-ne-cf-ia-mg junta-se, or os-lien- building for crinme, or as being ace-ca-a-a-try time-na-s-to, public worship, or a-ssy acs-mdemmmy or shall be pumsished by isa-ipnisonmesmt at school house, or iibras’y belonging to- ha-a-rd labour, he-. foe- a period mint less a-a-my body politic or corporate, in the- tlma-a-mm five, nor more than twelve- yea-na-: niglmt’ time, with late-a-it to commit a fe- - and for a second. offence, during life-. lony witisin the same, whes-imcr the felo~ Ass)., by an a-ct pa-a-s-a-ed 21st MarcIa-, a-a-ions intent be executed or not, being 1806: (cIa-a-p. 2687.) If any person slsail time-re-of legally convicted, shall stand ia-a-. wilfully set jls-’e to any barn, stable or the pillory, ha. Isa-s-vs-a- la-is ca-u’s cult ofl; he-. out house, or to a-ny barrack, rick or bepublicly whipped, he. a-a-sd committed stack of hay, ga-’aimm or bark, with intent totiie work isouse, on gaol off-he county, to dee,ts-’oy time se-s-ne, or s-isa-Il be a-n ace-ca-- &c. doria-mg the s-ps-s-ce of twelve mantle-i.- a-any be-fore tue faet, being time-ne-of he-- yol. 1. pa: 382. , - gaily convicted, ha-c shall suffer an ins- But, by the act of .5th of April, 1~90a- prisommmesmt at liar). la-baa-me- ia-u the-jail a-sm). Eve-m’y persnn convicted of, this- ca-ifesa-ce, penitentiary house of Pis-ilade/Ji/da, for or s-s-a- necessary thereto before the L.a-ct, a-ny tee-a-sm not less tliaa-s five years, ann s-hall forfeitto time couummommwealtlm all Imi~ a-name than twelve ye-au’s, and pay s-a- flume lands na-sd tea-memento, goods- and cia-at- not exceeding two timoua-amid dollars, at tehs, whereof he was seizedor possessed use- discm’etion of the- court. at time time, the crime was committed, Time offence of arson may be- commit- a-a-md. at a-ny time afterwards until convic- f-cd bywihfuily setting fire to one’s own tioa-s, and he sentenced to impi’isnnment house, provided one’s a-ueighbnue-’s- house- at liar). labour for any time, at the dis- is thereby ala-p burnt; ba-ut if no miscimief cretion of the court, not exceeding tea-i is dosse but to one’s ouvs-i, it does- a-sot years: and four such part of time offence- aa-noua-nt to f’einny, thmos-ugh the- fire- was formerly pussis-lmed. with des-a-tim, for a- sc- kindled with intent to burn another’s; con). offence,.inipnisoa-mnuemmt at Isa-rd la- fOr by the corns-nsa-a- lass, no intention to, bour due-hag life-, by time act of 22). of coma-ma-nit a fe-ba-my, amounts to time- a-s-a-a-ic April, 1794.. But by the 9th section of’ crime, thought ‘it does ia-u some cases- by time act of 23d of’ Sep~cs-m’a-ber,1791: TIns particuha-a-r a-ta-a-tote-s. And in this ca-a-se of fos’feitua-’e shall e~a-temudonly to time re-s-a-- arson, by the, law of Ma-re-Is, 1806, time due, a-fter restitution made to the owa-ser- jutes-it to burn a-s-nd destroy, evidence-cl by. of goods as-md chattels a-tale-a-a-. tIme pas’t’a-cuhar act of settingfis-’e, thougis- Ia-s time tlefinit’uon of llurglary, time-rc - not muss-s-dc felony, is a very highs- mis-de- a-i.e ,/iw’ this-mg’s to be considered: the mise-a-none-, and puumisbmable ivith greater tjs-s-me, the place, the manna-a-’, a-n). the in’ severity by this law, than an actual as-’- tent. ous-mry. The wilful fInimsg one’s ouvn house- 1. Time dune ms-s-st be by night, na-ia-i not /s-s a town, is s-a-Idto be a imigh mis-dense-a-. by day; for in time day time f-la-era is- no pos-a-r, a-a-md punishable by fia-se, impe-isoms-. ba-urgi’iu’y. If thee-c is day light enotugim flue-nt a-a-md. surety for gnnd bela-a-vioa-mr. bea-~’ua-ior left, to dis-a-ca-ea-’ui ma- a-a-a-a-ma-s’s -la-s-ca-a-, As-sd if a landlord, on re-vera-boa-icr, sets it is-s a-mo imns’gia-a-rv. Bs-a-t this does- a-sot ca-- fire- to isis own house, of wia-ich another tend to moa-a-ruiij~ht;f’a-,r the-n ma-ma-a-a-v a-nW- is ia-a- possession, under-ale-as-c finns hmimn- nigia-t 1)a-mrgiau’ies- would ga-a- us-spa-a-cia-had;- or from thins-c whoa-s-i estate lie- Isa-tim, a-a-id, the ia-malignity of the otl’ermce d~cs a-tshahi be a-me-coma-muted a-mrs-on; fbm’, due-ia-mg not so properly a-a-rise- fa-’osa-a- itS baa-mug -- the lease, time house is time property of done in the ds-a-a-’k,- mm’s a-mt time- s-lea-a-i ot’ the tea-a-ant, See -4 Il/ac/c. Cons-. 221. Fort. ruigla-t, iris-ca-a- a-U tia-e cm’es-a-ts-oum, except 115. beasts of prey, a-a-re a-it remt; mu-hems sleep BURGLARY. Is-a-ta- chisarnmed the oWs-s-cr, a-a-a-md i’ea-uclercl By the act n-f 1718: If aa-sy re-naomi, or la-is castle defemieciess. - pers-na-is- a-la-all be convict (a-f hs-mrgiaa-’y, - 2. As- to time Ji/ace. That is a-a-ow’ dci - wimicli is a breakiumg’ a-a-a-md’ca-ttc’ria-a-g ima-to s-a- e-~ih~dIra- ca-mr act; of A’a-sea-ms,bit’. ,iia-clu- ~if’eof tji’e-ofl’ea-rce das~niba-a-dluy time act a-it ontO: for, if a hole ha-c broken one of 1772, of a-n entry by night ia-ste public night, and. the- same breakers cute-ia- the buildiogs with a felonious intent, a-mud. a-sea-it night tla-rough the s-a-me, they a-me adverting only to the- origins-a-i act of burglars-. The-re mmuus-t in. ge-a-tee-al be a-ta-- 1718, which follows cite- Era-gl’s-a-h. law: it actual breaking, not a mere civil tree-- seems. indispena-ibly smecessa-iry to form pass- (or leaping over idea-i, in-visible’ its- guilt,-tha-t it must be-in a ma-isa-lea-i oa-~ boundaries) ba-it a- substantial a-nd fnrei- dwelling Imouse. Foe- no distant barn, bIe irruption. As, at least, by breaking, ware-house, or the like, a-re ua-sde-r the or ta-king out the glass of, or otherwise - a-ia-me- ps’i-riieges, a--s-or looked upon as a opening a window, picking a lock, or a-nan’s- ca-s-tie of defeuson; nor ia--a break- opening i’s- with a key; lifting up the immg open- of house-s wIse-re-in no ia-ian- re~ latch of’ a door, or unloosing any- other a-ides, and which time-re-fore-, for the-time fastening which tha-e-ownerha-a-s pi’ovided. being are not mans-haul houses, attended fiut if It person leave-a- his doors or win- with- the same- circumstances of mid.’ dows open, it is his own folly a-a-md ne-s- a-sighttee-a-a-or. A house however, -a-vIse-re a- ligencc; and. ia-f a ma-n enterstime-rein, it a-na-s-i sometimes- a-’csidea-, and wia-icis time is- no bur~la-e-y;yet, if he afterwas’ds na-a-- owner ha-f-h on-Is left for a- sisort season, lIme-ks- a-n ma-a-ne-c or cIa-amber door, its-s so. with-intention to teturn,-is the object of But to cmrie down- a- chimney, is iseld. me - bua-’gia-ry, though no one’ lie in it at time burgls-a-rioua- e-ntm’y; for this is as’ nmttchi. time of the-fact e-onitMtte-d, Arid, if the closed’, as the nature ofthings will per- bars-a-,,s-tables- or warehouse, be parcel of’ ma-a-it. So, to knock- at a door, a-mud ms-port the maims-ion lsoua-e, a-s-id within the same ope-mtin~it, to i’s-ms-It in -with a felonious-a- common fence, though net under timt intent; or untie-n pretence of taking iodg- ms-a-me na-of, or contiguous, a buma-gla-s’y ia-mg, to fail upon the- iammd~lorda-mm). rob’ may be- committed time-re-in; for f-its-e--cia-p’a-. hUe-ma- or to pi’~cu1a-ela cons-table to gain’ ta-i Imouso protects a-ad. pma-i-ca-ileges nhi~its admits-a-ta-ce- ia-i order- to sea-u-a-a-h fuse- trai- branches a-mud appurtena-mia-cee, if witimia-i tors-, a-nd the-n to his-id time cøns-ta-ble an& the ca-artilage. at’ home-stall. A chamber rob time- house; all these entries have in a college, is time- ma-ia-isbn house of tile beenadjudged buu’ghanious,thousghtber~ o’wlser; or a room or lodgiu’sg 10 a-a-ny pu-i— was a-tn a-as-na-i lIre-a-king,for time law wilt -va-to house,tile- mansion for tIa-e’ time be-i s-sot a-,iffimr itself to be tviuie-d with by ~a-sgof lIsp lodger, If the owne-t does a-iota- such evnsioma-s-, especia-llyua-ldema- the cloak la-ia-mis-a-elf dwc~tin tla-a-i hauso, oi~if hsC and~of legal process. ~o, if a servant opens - the la-idger ca-Ste-a-’ ity diffe-u’cra-t outward’ a-a-s-id e-nte-rsla-ia- master’s chamber a-Thor, done-a-: ba-mt not ivla-cr~they are- flie-ra-il) With a- felonious desIgn, (1 Stra. 4S1,~ inmates-s- and time - a-pa-U’s-us-santa a-ia-u- ba-mt or if a-ny Other person lodging its thu pare-a-mi- of time ewa-sce’s dWeiiiOg’ la-os-s-se-. s-a-a-me hotsa-~,os’ in a public ia-sn, opens $o, the house of a-a- e-ni’pnm’atica-e, ia-a-ifa--bite-il ca-s-md Oa-iter~anothe-e-’s dos-a-u-, With sue-la-. it~a-eparate a-parts-s-sea-its, by the office-ru- eu-it intent, if-is burglary. Is-’ the servant of time body corporate, is the ntnmisiaxi Oommspiros ‘with the robber, na-sd let la-ins- house off-he corporation, a-na-i a-f-ct eftime late-time lions-c by night, this- is- bua-~gla-a-ry respective office-u-a-. 13.s-st if da-se’ ha-ia-’es a-a-a- ia-a-- both: (2. a-S’tra: 881.) for the s-s-erva-nl~ aimop, pa-me-ce-i of’ia-s-mothem’ a-na-us’s hmo~e,a-ia-sd~ le a-lola-mg an utiia-’a-vM s-ma-a-t,a-nd f-la-ca-oppor-. works or trade-s ia-i- it, but a-se-u-as-’ lies s-unity affom’ded lmim of doimig it with. there, it is no dwelling house-, fbi’ ca-mn.- gre-are-v ease, rathe-e- aggma-zvates f-baa-i cx- burglary be coma-a-a-itted theme-ia-a-; lime- by tentsms-teS time- guilt. As for the- entm’y, a-ny the. lease it ha ge-sores-I Pa-nm time rest of- the least- degree of it, with any pa-a-mt of time-houses- auth time-re-foe-c is-is nottluedwel- tIme body, or with a-si instrument lie-itt ia-a- linghouse fh’smuviso occupies the-othfr the ia-s-ma-md, is sufficient; a-si to- step over part; nor calm he be said to dweil there- time threshold, to put a la-a-a-sd or honk in. in svla-o nei’e-a-’ 1’s-es-i the-ne. Nom’ ca-a-si burgTa-s-- s-it a-a- window,’ to draw out goods, or a r.v ba-a- committed ia-u a-tent or booth erect— pistol s-b demand one’s a-nba-fey, a-Ce a-Il ot’ od in a market or fair, thmouglm the owner the-rn burglarioms-s cntries. Amid it is us-mi. a-a-may lodge thee-cia-i; for tlse law m’e-gs-a-rds s’e-rsa-ii~’ngu’ced, that there-mis-s-ia-time-has-la- thus Imigisly nothing but pee-manes-it cdi.- n bres-s-kia-mg, ~itlma-a-rhi fact or by implica- flees, a-na-I. thea-ugh ii. nsa-my ba-a- tia-e cia-nice tion, ma-nd a-Iso ass eusta-a-y in au-dee- to com- a-sfthe ownerto lodge in so fa-’s-sg’ile ate- plete time burglary. Se-e- 4 Iliac/i. Ce-rn. a-se-me-nt,- yet Isis lodging there- a-mo a-s-sore 226-.7. Ja-’..-~t.10S..9. s-a-makes it a bs-a-i’giary to be-ca-It it open, 4. A; to s-lie intent, Sue-hi brea-kia-sg amid thma-n s-t ivould be to a-ms-se-over a thit~d eta-try miss-f- Ia-a ‘with a felonious- isitent, wnggon a-ma- thus-a- s-a-use cim’a-a-a-mmstunces. Sec otla-a-a-a-’Wise is-is oa-a-iy af-rca-la-ass. And it is 4 Black, Cua-s. 225..G. ti-a-c same, a-em). so is time act ca-f assembly, 3. As to time -ms-a-us-ma-s-a--. nuere mutt be wlmetIa-ei’ such ims-s-eumtion lie- acta-ita-hly cs-s-n- Imoth s- breaking a-a-mid a-a-a-s entry to ca-a-a-a-m- e-lea-i into eXeeutioa-m, or only demomma-tra- phet~it-. But the-v a-se-c). oct be hot), ds-,-s-a-e t~s-u-by Sofia-c attempt or overt act, ç 0 577

which thue ja-mry i~to js-a-dge. An& tlueist- nOt exceeding tea-i years, &ti As-a-a for a fa-re s-a-me-h a bm’ea-a-ch au-a-). entry of a hmouse second offence, imprisonment a’s- la-a-a-a-ti as ha-s been before described, by nigla-t, labonr dum’ing life, by the act of 2~Jdof’ - withm intent to commit a robbery, a Ia-ncr- April, 1794. - des’, a rape, or a-a-ny other fe-los-my, is bmir~ By the act of’ 23d of September, 179i, gla-sry, whetlser the thing be actually any person convictedof robbery or bur- perpetrated or not. Not’- dee-s it make glary, s-Is-all be- ordered to restore to the- a-a-ma-y difference, wla-ether the ofibumce were lawful owner or owners time goods And felony at coma-ma-a-a-on law, or only created chattels so stolen, or to pay to hists or so by statute-; since that statute which them, the full vs-inc thereof, or of s-cs a-muakes s-mn -offia-nce felony, giv~ua-it inci- much thereof, as a-Isa-il ma-ot be re-stored, dentallyall time properties of a feioa-iy at a-nd the forfeiture of hmis, imer, or theiu- a-’ommon law, See 4 33/ucla-a-. Ce-a-s-a-. 227 lands- or chattels, shall os-sly extOnd to .s--’8. the residue thes-’eof a-ftea-’ sue-la- re-trite- ta-on shall be made. - - flOflfl1a-~1tY. - - Cnmsceaiea-’s- of robbers, &c. who a-Aut~ .RoMrr,ga -whichis- done by assaa-Ilting mntmtled to clergy by the act of 1718, a-a-rO aa-mothmer, on or a-Car the Isighuway, putting a-mow to be punished. by fine ama-d impri~ him ia-s fear, a-nd ta-kia-a-g i’rom--Ida- pcrs-om~ ~onment, by the 4th section of s-lit a-a-Ct inoumey or other goods-, to thty ta-a-s-its-c what- s-n the tea-ct. And la-ty the act of 4th of s-oe-vem-, was to be puisisha-ed by the act of April, 1807, (chap. 2805,) the imprisons- 1718, as well time robbea-’, as bi~c~un;eI- ma-sent a-nay be e-xtOnded to any tArun ma-at lors,’aide-no, cosnfom’ters u-a-mda-bCttors-, be- exceeding se*ea-m-years~’a-a-msdtime convict ing lawfully cuss-vie-ted thereof, ‘a~felony, sea-mt to the penitemstiaa-’y hOuse 1mm P/a-its- according to the tenor, dii’~etión,form delp/a-ia,at the dis-erotioim Of thecourt. as-sd ~ffimbtof the ~tatutes-, hi stt~Iicast - There must he a ~aki~, bthIèsa-Wise’ is- na-ado and. pm’ovida-a-d, its- Great Brite-’a-n. is- a-so robbery. A stmcrO attea-~ptto rob’, is Vol. 1, pa. 113. - - ba-a-f- a misdeMeamm’oa-’, pa-la-sitisable b~dime This open aa-a-& ~iolent hitrOia-iy from and impz’i;ofa-a-fmea-a-t. If tIme-a- tWuef, lmavihg’ time person, agreeable to the abou-e deli- ca-see take-a-s a pta-rs-e, a-’eturns it, s-till it la i-a- itioa-~,was putsis-hed with de-a-±la-,a-a-md de- a robbery; a-nd so it is, whetlmar the ta-k- bare-cd timla- be-ne-fit of clergy, pa-mu-s-len- ia-a-g be strictly fronm the pAm’s-on of ama-o- holy by the statute of’ 93 !frts-~J8, e. 1. ther, or in his preseua-ce only; as, where Time s-ta-tote of S & 4 ~‘ii~iaa-s-mand-Ma- am’obber by thea-ma-ce-s andviolence, puts m’a-,’, c. 9, took away clergy from both a-a- ma-a-n infeama-, asfd drives away his- a-isee-p, pa-la-scipaha- - a-nd Se-ce-s-a-aries before- the or his ca-ttle btibm’t isis face. But if the fhet, in robbery wheresoever coma-isis-i tale-ia-mg be- a-sot-eithe-e- directly from hiA ted. - - - ~itm’somm,am’ in -his 1fresea-a-~e,it is no rohm - Corresponding to thIs las-tea-’ st~tutê~be-i’y. The takia-mg must be by force, or a it is enacted by time a-set of 8th ca-f Mare-h~ previous puttia-ig’ in feai~,while-hi is f-lit I 780, s-ia-at if’ a-a-ny person oC personf a-Is-a-ui1 critem’iouu thatdistinguishes robberyfromn a-’ommit robbery, Which robbery is dou~ OthOr la-trcinits-. FOr, if omse privatei~ by assaulting a-ma-other, putting Ia-ia-n ‘Ia-s steals aa-a-y money, hA. from time- pem’s-oms- fia-nu’, as-a-d ta-m2~!imgfrom isis- per-sbus mtna-fs-y of’ another, a-bud aftAi’WardA keeps it b~ or other goods-, to Any value wlsatsoeve-r~ putting him ia-s feaa-~,this is- no robbery, ivha-etla-er the s-a-s-the robbe-Cy be coa-~~mnittettfor the f~a-a-a-is ~a-1b’sAqa-se1mt.An). f-boa-a-gil ~~msor a-lear the bslgisway, or e180w/uere, 1st it is usual, it Is not ma-ecess-ary to layin a-a-a-my pI:ucu or places whatsoever, Witla-ita- the indictment, f-la-at- time: robbery wa-a -s-ia-is eommonwe-a-ltls, Ia-c or they so of- committed by puttia-mg InfeAr; it Is- sa-ifll~ ‘~‘ea-udis-a-g’,his or time-ia-’ counsellors, aide-re; tie-ma-s-if laid. to be- done by ma-is-tea-cc: As-a-d “omfou’tca-m’s a-a-ma-I a-bettors, being duly con- s-a-’lie-n it is ia-id to be- dna-me by pa-its-a-a-mg ma-s ‘m’a-etcd oa-’ attaint~tI,s-ha-a-li suffer as felOs-u~ fe-am’, thus does- nob imply a-a-my great de- Witia-ontbenefit of clergy,in like manner gree of terror or afi’i-igimt a-ia- ta-c party ma-u by the laws- of tlii~commonwealth is mobbed; it is cnoutglm that so macis- force provided in time case of robbe-rs on or or threatenimsg by word or ga-a-s-ta-a-re, he ms-e-s-a-a-’ ~-hsehighway. Vol. 1, pa. 499. used, as nmigla-t cu’e-a-ta-a- an appre-ha-enstois- But, by tlst see-ca-nd section of time act of danger, or is-a-due-c a man to pam’s- wa-f-It us the text, every pee-sos-a- coa-a-victed of his- property without, or ma-ga-ia-a-st lmis coli. robbery, oa-’ as accessary thereto be-foe-e sea-mt. Thins, If a man he knocked down s-lie- fact, shall fom’f’eit to the coma-fOn- without previous uvarning, a-a-sd strip~ we-a-a-Is-ta-, isis- lands a-a-nd tea-a-ements, goods ped of his property wls’mle senseless, a-s-nd chattels, svla-ca-i’eof lse or s-he was thongh strictly Ise- ca-a-mont be a-aid to he seIzed os-’ possessed nt time tithe the ps-s-c is-a- fear, yet this is undoubtedly a-a- era-me was coma-ma-its-ed, a-nd. at na-my time- robbery. On i-F a- pens-on wmtls a sword afterwards until conviction, a-a-md undergo drs-a-wa-s begs an alms-, and. I give it his-a-i ma- servitude at la-am’). la-a-boa-na- for a-a-my time. throa-mgh mnistza-a-,st a-ta-a-i’ apprela-~xs-a-msO51O~’

VOL. IL - 41) 17~O. - viole-a-a-ce, this-is a felonious s’obbery. So, - public ss’l,mippiia-g to be- w-iiIm a-a-ut he-s-s this-mi ifunder apretence of s-ale, aman fore-i- thirty.s-a-ine stripes, nor more tIa-an fifty: ~‘a-~ bly - ca-torts money fm’om another, s-isis- And time court, at their dus-creta-on, we-re, subterfuge a-isa-il not avail him. See 4 for sue-Is third otlès-a-ce, to award and give .Blaclc. Corn. 242--S. Se-c Post. 128..9. judgment, that such offenders- sia-oa-mld be - - sent to some linus-c ofcorrection,or ps-a-b- LARCINY. lie- work imouse, there to be set to work, Simple Larcin3I, is the“felonious ta-k- corrected and remain without ba-il for big and cam’rying away of tlue pee-sos-a-al sue-Is time as the justices should thseua- goods ofanother.” Thestealingofgoads judge and award, not less thad twefve above time value oftwelve pence, is- call- months, a-mar snore than four ye-am’s, to be- e). grand lance-a-my; of goods to that value -accounted ftom tIa-e time of sue-hi coa-wic- or usa-des-’, petit larceny. There- was- for- tion, Aa-sd a form of executa-on was dcvi., a-ne-ny a great difference here in the s-cd, to be-issuedfrom the same court, to s-a-mode of trial of time-se oWe-a-ices, but time- imufoncetime res-titutmon, ho. (wia-ucia- a-s cx- kindofpunishsmne-nt wa-s-the s-ame-,tisough tended to time oases ofconviction for re-fr- differing in quantity. -There is no otis-er bea--s-j as-md is-urgiary, by time 9th section of’ distinctioms between time-rn. It is called the actof 23). of September, 1791.) Vol. simple iai’ciny, to distinguish it from 1 pa’ 121--2. mixed or compound ipa-ciny, which is- ac~ By f-lieact of 24th. of February, 1720 companied with-one, or both of the ag- —1, persons- guilty ofIs-rainy under the gravations of a- taking from os-me’s lie-use, value of five shillings, we-re to be tried or pea-eon. La-a-re-my from the house, ia-i before two justices oftime peace, without the s-might iis-s-a-e, uumder certain circa-ums-tams- the inte-rvea-st’mon ofajury, and on convuc~ ce-a-, we have seen, is bs-s-rglary; from the- tion wçre to be adjud~ed,to be immecli- person, by open a-nd. violent assault, amid ately aim). publicly whipped, upon his- os-a- not privately, is- ro&bery. herbare bade-, notexceeding fifteen Ia-s-Is-- By the- a-ct of 1718, the party convict- es, or be fined foe-the first offence,at tia-e- ed off-ha-is-offence, his- alders-, comforters discretion ofthe said magistrates-, in any - and s-a-bettors, were to be adjudged, for sum not exceeding twenty shillings, a-a-nd tIie first offence, to restore time goods to a-a-make reatitutioum, if able, to the party a-a-nd, cisattels stole-n, to tlue- right owner, wronged; and aisoto pay the-charges- of ~r to pay hsim time full value time-re-of, or prosecution s-s-s-md whipping, or be s-ent ta-a- so muelm off-item as cama-not be- re-stoned; time work house, or prison, to be kept at tlme value to be set by sue-it pera-oa-ms, a-s hard labour, for any time not exceeding time - court, be-fore whom, the offenders twelve days. But persons reqa-uesting to simould he co~victcd,should a-ppoiust to be tried at the sessions, migla-t there be do the same, upon their oaf-isa- or a-file-- tried, ups-mn giving security to appeam’, ha. n-mations; also, to pay the- costs- of prose~ (Chap. 243’ Pe-inted, iii Qalloa-a-s-a,a-j’e ~chi- cution, with all sue-It otisem’ sums of’ ma- tion, pa. 102.) ney a-s time same court should allow for ,~ytime this-ti Section of time net in time s-ne-Is owner or owumer’s loss of time, text-, time pua-nishmsment to be ia-ifiictcd fa-me- a-a-ha-u’ges a-a-md dis-bui’s-ementa-, in time a-p. simple lma-m’cipy, to thin value- of twenty prelse-ndings-a-nd prosecuting ~ucimoWen. shillings, pr faa-’be-is-mg an access-a-wy before dens; a-mm). moreover, to forfeit and pay tIa-e fact, is imprisonment at hard la-hour, time like value of time goods to time go. for a-ny tem’a-n not exceeding three yes-re, vernor, for the suppoa-’t of’ government, restitution of’ the stolen goods, s-na-i foe-- a-nd comma-mit-ted to the- common gaol of feiture- of time vs-a-ia-me to the a-mta-a-te. And by ,tise county wlsem’e- tlsey we-re coa-ivicted, the 4th se-cs-los-a-, tIme- act of Feb. 1720.-rI, time-re to re-ma-lu ‘till they made satisfa-a-e. is repealed, a-nd larciny under twenty -tion for a-il s-urns so to -be a-djudged os-a- shillings- sia-a-hl be tried as otla-er simple re-cove-red against them; and mna-~eovea-’~larcinies; a-a-a-md on conviction s-hail bu -to be- publicly Whipped on his, Or her, or deemed petty lane-ia-my; a-mis-he judga-nera-t tlmeir bare backs, with stripes- well laid is-the same,except tlsat time impnisonmnemst -on, not exceeding -twenty one-, For tia-e is not to exceed one- ye-am’. - - see-na-md ofle-nce, time sentence was to be - By time- 5t1a- see-tins-u of time a-ct i~a- the- time same-, excepttia-at the forfeiture was text, rohbery.or ia-rainy of obligations-or .to be double time- value of time goods- a-to- -bonds, bills- obligatory,bills ofea-clua-unge, len, to the- governor, for time- sumpport of pa-’ona-iseos-.y a-motes-for tla-e ps-yment of ms-lucy, ~oveua-a-mea-st,and the public whipping, lottery ticlccts, paper bills of ca-edit, cer~ - with a-sot hess than twenty os-me, nor more tificates granted by or a-a-a-ide-n the aa-mtlso- -tia-an f’ocs-y-a-trs-pes: And for the- tia-ird, the - rity of this commonwealth, or of’ nU, ne- same sentence-, wa-tim f-la-is a-item’ation and any of the IYa-a-itecl States- of America, addutmon: The forfea-ts-mre to the governor, s-hall be penis-lied in the same manner for the support ofgovel’a-a-me-nt, to be tia-e- as robbery, or ia-re-is-my of any goods or ~b1etire value-oftime goods stole-a-a-, and time chattels. - - - Ia-s es-nmscqueneeof’, the dee-labia-i in the- on convictiemi, in time following ins-a-ma-mesa- irgo. a-a-ase of the Conmma-mva-ealth, v. JJoya-s-a-’. 1 For the first offence, torestore- time I-morse, - Bhs-ney, 201, whichwa-san indictment for mare orgelding to the owner, orpay him ‘ -s-te-aiia-a-g “ one ten dallas-’ a-mote of the Fa-’e- the full va-ia-me time-re-of, as-md also the costs ~-iclent,Jiirectors and Uompany of the ofprosecution, with all such otiser sums Bank of ,Ms-’th america,” and in which -of money as time courts-ia-a-il allow to suck s-la-c judgment was arrested, because it owner for his los-s of- time, charges and did not follow the description in tIme act, disburse-me-a-its-, in apprehending as-u). pro. viz.” a pronuiss-ory s-motefor the pays-ne-nt of se-doting time offender; a-nd also pay tothe snoney.” La-baa-s-k notes-” a-sot being described -governor, for the support ofgos’es-’nment, -ia-s the act, not being the- subject of lard the like value ofthe horse, he, ands-tan). s-my at common law; The a-ct of Soda- of 1mm the piiioa-’v dus-’ing time- space of one January, 1810, was passed, which de- hour, and be- publicly whipped on his bare clares, s-la-at the robbery or lane-is-my of a-ny back with thirty nine- laslmes well laid ems-, bank s-mate on notes- of any ia-a-corporate). a-ia-cl be committed- to the work la-ouse- or bassk, s-hall be punishable in time s-a-a-ne gaol, for a-ny tune not exceeding - six Ta-manner a-s robbery or lane-ia-my of any months. For thesecond offence, the same goods- or chattels ofequal aa-nount. s-cute-ma-ce, with the addition of imsa-ps-’isorm. By an act of 28dm of February, 1787, ment at la-and labour for any time not ex- (chap. 1250,) felons committed ‘till they ceedingthreeyea-a-s. Vol. 1, pa. 273 Re- s-a-make restitution, s-ia-all ia-ave the benefit ceivima-gknowingly stolen lions-es, the same of the-insolvent laws-; while-la- privilege, a pa-mis-ha-ne-nt. lb. subsequent act of 27th of March, 1790, - By th’e act of 10th of March, 1780, (chap. 1485,) modified so as to empower (elms-up. 879,) Ifa-a-my persoa-a- shall fe-lea-a-iota-s. - the court to directtla-e fe-ion to pea-forums ly take and carm’y a-a-way any honse-, ma-are additional labour, in commutatioa-s ofthe or gelding, of time property of a-ny othama- restitutIon. person or persons, or ofthe- LYa-mited States By the act of 27th. of Maa-’elm 1789, of Amuse-rica, and s-ha-all be- thea-’eofConvict- (chap. 1400,) persons- confined fom’ thirty ed, for time firs-it ofl’a-a-nce, he a-Ia-a-li a-ta-s-md in days, in execution or otherwise, for any the pillory for one hoiur, a-a-a-a-i s-hall be pub. debts, fines or forfeitures, none- of while-h holywhippe-d oa-m his- hare back, with thie-- exceed five pounds, exclusive of costs, ty nine ia-s-ia-e-s- we-hi laid on, and at time shall upon application, be dischs-a-rgcd by same time ala-a-a-liIs-s-a-ye his- earsCut off a-nc! the gaoler, and s-ha-Ill not be liable to be nailed to the-pillory; and for time second a-gain insprisoa-med for - the sa-me cause. offence,s-ta-all be wia-ipped and pilloried ia-i Admitting this to apply to ,fines- inflicted like manner, and be- branded on time fore-- for ca-’is-s-uee, time remedy was partial. As-md head, in a plain and visible manner, with a-s it was ascertained that manymisera- the- letters If. T~ ble wa-’etches, who a-re most frequently But, by time third section of’the act ia-s time objects of punisbmea-st fat’ larcinies, time text, thejudgment is- now, to restore were loa-a-g~detaima-edfor time fine-s andfor- time- horse, mare or gelding stolen, to the feits-a-re-s only,after f-la-u rca-ida-me of these-mu- owner thea-’enf, or to pay him the full va- te-a-me-c had been fa-uifihled; is-is pu’ovide-d, lue thereof, and also pay the like value-to. that in a-li ca~es-of lore/a-s-it, or where- by time commonwealth; and moreover, un- lawa fixed or specific fuseis affixed to clergo a servitude for anytem’m not ex- (ia-e commis-sioua- of s-a-a-my ca-’ime, time court, ceeding seven years, in the discre-tmoma- of ia-s its d’isca-’e-tion, may, ia-s lieu time-re-of, as- thecourt, a-a-id be confined, kept to ham’d sess- sue-ta- flia-e as tluey may judge right, labour, fed as-sd clothed as in tia-at act is a-lot exceeding the fine heretofore- affixed directed. - by law. It a-Iso provides, that persos-ms- All felonyincludestrespass, a-nd evea-~ convicted of felonyor bare-ia-my, amid s-en- indictment for larcinymust have these ~a- s-ca-seed to undergo an impi’isonmeimt at words, “tia-at he, he-. did feioa-mioa-ushy Is-ar). labour, for anyterm a-a-os- exceeding take a-ndcarry away,~a-from wise-ne-c it fol.- three years, time court in time-in discretioa-m, lows-, that- if’ time party be guilty of s-a-a may order time- imprisonment, &e-. to be trespass in tale-ia-mg time goods-, he cannot in the comsumty, os-’ is-a- time gaol and peniten- be-guilty of~lony in caa-’ryung them away, tiary of Plmiiadeipla-ia-. See the a-ct of 4thi Xe-i. 24. 3 Thst. 107. Therefore, one who of April, 1807, (in timia- note, ante.) finds goods which I have lost, and as-this-a - Tia-e felonious takima-gof one bill obla-ga. fs-trais-di (with a fe-ba-minus intention) Con- tnry,. is punishable as lane-ia-my under this- verts time-rn to isis own a-a-se, a-s no felon, a a-ct. lBinney, 273a- Withrespect to goods fi,rtiori, one who ia-as the actual posses. found on search, suspected to be stolen. s-ion of my goods, by a-ny delivery for a See the lOs-ia- sectionof time act of’ 23). of’ special purpose, as a carrier, a- taylor, or September, 1791. a friend, who is ins-rusted to keepthem Horse stealing was- punislued by the act faa-’ my use, cannotbe said to steal thea-fl, if ~1st of February, 1767, (alms-p. 557,:h by exnbezzhing them afterwards.. 3 .l~t~ 5130

Thit if the carrieropens a baleor ma-way, it is felony. .Bra. Cars-ne. 45, 160. ~ packof goods, orpierces ave-s-s-el of wine; Cs-’o. El. 536--?’. 3 Is-a-ct. 110. But umo deli. or ifa-miller who la-as corn to grind, takes very of goods from the owner to the of- otit part ofit, with intermt to s-teal: These fender ma-pomm trust, cams ground a larciny: arelarcinies-, and the- as-a-ins-us ,furandi (s-hue as, if .1. lends .1?. a imorse, and he rudes Immtea-it to ste-al) is manifest. So, if a car- away witlm him; am’, ml I sea-md goods by a rice-, after he has- delivered time goods, carrier, a-nd he carries-them away, time-se a-ecretly take-s away time whole, fur his are no larcis-a-ies. The goods must not be trust was determined. 3 Inst. 107. Bra. annexed to time- freelmoicl, for it is but a ,Ca-n’os-zc. 160. So, where one has tiue bare trespass to steal curia- or gras-s growls-mg, charge, ot’ spe-c~aluse of goods, but not or aja-ples from a is-’ee-, he-. But if thethief the possession of time-rn: a-a-s a- a-he-is-hue-rd severs tia-ern a-ut one time-, whereby tIme who looks after my sheep, or a ia-a-ms-len, trespass-is completed, and coma-s at a-no- who takescare of my plate-, oa-’ s-a- servant, timer tia-ne wba-en they are so turned ia-ito who keeps a key to my chamber, or a persona-a-lty, and take-s them, it is la-rca-s-my. guest who ha-a-a- a piece ofplate set befoa-’e So it is, if the owner, ca-n any one else la-ad Juim in a-n inn, may be guilty of felony is-u severe-ti tIme-rn. 2 X~-1.875, 1 Mod. 89. - l’rauduuiently taking them away. firs-. Ca- Ba-’o. Ca-s--os-a-c. 76. 1 Ves-a-t. 187. Taka-ng a race. ~8, 137, 160. Popla-. 84. Owen. 52. If shroud from a des-a-). person us-felony: (so apens-ass intendingto ste-a-ti myhorse, take it a-may be for takua-sg goods whose- owma-er snmt a. re-pie-via-i, and tia-e-m-eby have the-cia- unknown.) 3 j~a-ut.110. Yet, ~a-’esua-a-a-a-p. Ia-oa-’se delivered to him by time shea-’iff; or s-ins evidence of felony should be a-cia-nut. one ifttendis-mg to rifle mygoods, gets- pos) ted cautiously. And lord hale re-com- ae-s-s-ion from the- a-he-puff, by virtue of a~a-mends, never to convict a-a- ma-mi for~a-tea1- ~uclgmuentobtained a-a-pots falseaffidavits, lug the goods of aperson s-s-nka-a-osas-a-, mere-- it is fhlony, for itis done ia-s j’raa-s-d of the~ly because he will ga-va- no acCoQnt how lea-u. S Inst. 64, 108. R~e1.43-’4. 1. Sid.\, he came by time-rn, unless an actual felony 254. T. flays-n 276. Yet, if os-se thinking’\be psove). of such goods. 2 Hale, 289 90. be ha-a-s a title- to time horse of 33, seizes it A. marm”a-ed woman commits not larce-miy, - - as luis own; or supposing that .11. holds of if ‘it be dna-se by time coercionca-f he-n hus- Ia-mm, d~strainsthe hot’s-c of .l~.witia-out ba-much; ma-or can she be access-any to her cause, tla-ia is- no felony, but a trespass, ia-us-baa-a-cl: Ba-mt of ia-er own accord sime- may bee-a-ma-se the-re is a pretence- of title, Ba-s-t, commit felony. 3 lint. 1013. Se-c 1 Hawk. if dos-me secretly, or being cia-ringed witlm (Ihhlo) 89—94. a-na-i 4 Black. Cons-. 229~ It, lie- denies it; these circumstances may 236. - znake t a felony, I Hale. 509. He wla-o The following case wa-s decided ia-s- ~teala- a-my goods from J. S. wla-o ia-ad s-to- the supreme court at Lancaster, 25th of len the-a-u before, may be indicted as la-ama-- May, 1811, ia-mg s-tohes-m them front me. So, he- who Eta-c Spas-sglcr, Plaintiff in Ers’oi-, v. Tha a-teals my goods in s-ia-c coa-a-nty ef lancas-. Conumos-ra-vealth. s-er, and carries them to tta-e county of Tilghns-wa-, C. J. Tha-is- was- a writ of en- F~ork,may be- inda-cted is-a- ait]mer county. nor to tla-e court of qa-marter sess’a-ona- of Era, appeal, 84. ‘a-b. Cons-na-c. 171. As time-re Dauphin cola-a-sty. 5a-sdgmea-mt was give-Is - ~,~-‘1sma-mss-not only be a taking, but a carrying uugaimmst Eve a-~t;anglcu’,on an indictment assay; so, it has bce-n lie-Id, and is clear for ste-ella-mg four btnk a-mote-i. law, that the least removing of the timing The plaintiff in error ha-ms mache s-eve- tale-en, from the place where is-wa-s be-. ral points concernimig t}a-e jia-u’isdiction of fbre, a-a- s-ufhloient, though it be not ga-s-is-c time. court of quarter sea-a-ions, and time ~au’s-’ia-s-dof/i as tf a man be- leading a-no- process- for summoning the jury, on tha-ce’s horse out of the close, a-nd be a-p. which I shall give no opia-a-ion. It will be prcha-ended ma-a- the fact: or, if a guest s-teal, sufficient to coa-msldou’ f-he exception to - bsg ga-a-ads os-ut of a-mO inca-, baa re-moved flue imul’a-ctment. J~vo.S~angies--i~cla-arged s-ia-em from la-in cia-a-a-nba-it’ clown stairs; or a~u ~th stealing “three st-venal ps-’oa--nissnm’y thief, ia-stcndia-mg to a-lea-b plate, takes it s-motes for the pa-~vmes-st of’ a-sot-try, viz. out of a clue-st ama-cl lays it down upon tht~ three baa-a-k notes, ca-cIa- for the p;~ynue-nt floor, but w smsrpra-zed before he can ca- of ~5. of the val’a-a-s- each of five dollars rape-with us-: or, re-moving goods with a lawful money oftime IYs-mited States; and a lclona-aa-a-s mote-os-a-on, from time fore- part to promissory note foe- the pa-ymca-mt of ma-m~ time ha-nd part of a wnggomm, where he a-s micy, viz. a bank note for the payment of - - detected: time~ca-a-re las’crns-es, S Is-nt. 108 ~1Q. like la-wild s-nancy, the property of ‘~‘ --9. l)aUit-s-a-a-. 21. 2 Vent. 215. Bra. Core. William Croydon, esq.” -is-c- 107, A ma-a-s may commit la-rainy by The- indictment is founded on the act taking la-a-a own goods: a-s, if ,il. delivers of’ 5th of April, 1790, by time 5th ta-vation goes-Is to R. bCa-ng a taylor, carrier, he. of’ which, is-is enacted, that robbery or and aft erwma-a--ds-, wa-tim an intent to charge la-re-my of “promissory notes- for’ the ha-nm, Iras-uda-slea-tuy aa~lse-cretly take the-s-ma- pa-ymca-it of money,” shall be punished. —p

in the same niaun~ras robbery or Ian- -wbiâh a-re of a-mo —~‘aIue-or validity is-a- law, cloy of’ any goods Os’ chattels. I-will nut a-ne-I eonseq’a-ea-m~1ycannot be Us-c subject say whether the los-Iietment -might a-jot of lane-my. Foralthough bank notes- al-c ia-ave be-es-u sup~oortea-h,if the case la-ad npromissony note-s for the payment of turned intirely -on tIme act -which has money,” within the ia-a-ca-ia-ia-mg ,f the act been menti-o~sed-But it is a-meces-sary to of 5th April, 1790) yet that act cannot lake- other acts- ia-a-to c:cmra-sidem’ation. 13y be cons-tm-a-a-cd so as tp afford protectiomm the a-a- act to amend tIme ps-~ca-aIlaws-c’ p~a-s-tO notes a-nsltLwfuliy is-a-ned, and unlaw- sod 30th of Jan, 1810: It is enacted, that fully received. Timta-t being tia-e cast, is-is robhea-’y or has--cia-my of any hank note or necessary, that an indictment for ste-al- hank a-sates ofany is-s-ca-s--p ~r~tedbank, a-hall a-a-sf baa-mit- a-motes, should either aver in be pa-a-mis-s-la-ed in time souse ca-~a-nne-ra, the general, that tlsey were issued by a-a- robbery or la-re-my of any goods- or cIa-a-t- ha-a-a-he- immcos’pom-ated by law, or na-isa-h tIa-~- ie-Is of equal amount. Whctimer tIme- le- bank, a-a-nd aver that It Ws-a-~incorporated, -- gislature considem’e4 ba-uk notes- a-a- -ia-a-- Os’ slsow in some sa-mffieiea-st manner, that eluded in the terms “promissory a-motes- the notes- were lawful. ifthis is a-metdone, for tIme payment of money,” intime- ia-ct of ,iudgs-nent ca-a-snot be entered, because it 5th of April, 1790, is a-sot certain. Thu ca-a-a-not appear to tla-e- coua--t, that any of. - “act to a-me-a-sd time pea-a-al laws-” eo,a-stakns f~ence.ia-as lice-n committed. Is-a-a-a-cuss-a-elm s-so express repeal of any part of the cc~tlsemu, as- this- ind’a-ctua-a-e-nt does not s-Ia-ow of ,5tIa- April, 1790. Yet, when bare-i- that the bank notes charged to la-a-a-v~s i~yof t~a-enote-s of incorporntedhas-a-ks ~ heea-~stolemm, we-re lawful s-motes. I am oT na-ride pua-uisla-a-tl~le,os-ic cannot imelp s-a-a-p. opinion, timat tim js-a-dgmea-a-t of the coma-nt posing tint it wa-s intended, that :a-sdta-a of’ quanta-s-v sessions- was- ct-none-aims. — e-f unincorporated ba-a-s-s-ks, ~lmou1dnet h~ Yaat~s,3. delives’tcl hIs opinion at - thp subject of la-t’ciny. It is a-vident,-tlmat large-; to the same effect. - - - in the- yea-un 1,8th, it wa-s the object of s-Ia-a- - Ilrockepu’idge, J. concurred~ ~egis-latnreto.suppress- all mo~incorpr~rate4’ -Judgment re-vea-’sed. - baa-a-ks. ‘l’lmis- a-ppuat’s, not only from the See the cases of the Feofrle, a-’~ Wilson a-ctjust mentioned, but a-till na-ore cle-a-u’ly a-ne-i Qshes-’s-s-. 6 JoIa-nsomi’s New York lIe. fm’omn a-a-a-a-other act la-as-s-Ce-I tlje same- a-es. ports, pa. 320. - - - - - a-a-ion, (19da- Ma-re-ia-, 2810,) which beat-c sta-’ongly on the- ca-se h~fot-etime coa-mnt, - PORGEItY, CQW-~TERFEITINC, ~y tue first Se’ctiQfl of this last act, it i~ UTTERING, PUBLhSHI?~G. ma-s-dc unlawful, after 1st Ma-a-y~1810, for - Forgery, or the ens-s-a-es-i fals-i, is- a-ma- of~ any ass-ociatioms of persons-,- ~yho, at tlse faa-me-c - at cons-ma-a-a-on law, a-nd may be de’ tina-~of’ passing this-s act, were, oa-’ times--c. fma-sed to he a-a- the fraudulent making or a-fter slsould be connected -for time pur. alters-s-finn of a writing, to the Øea-ja-mdiee pose of banking, and who we-me not ia-ma-. of -a-a-a-moths-er- man’s- right;” for which the cam’pos-’ated by lax’, to make, utter, er Is-- ofli~ndevmight sufferfine-, imprisonment na-me, as-my bills or notes, in the ra-ature- of a-mime-I pillory. ba-a-a-a-k note-a, payable to beats-a-; or ore-icr, - By an act ~ass-e-din 1700, (chap. l~6. Os’ otherwise. Time tla-hm’d s-ectioa-s dee-lame-s vol. 1, pa. 4.) Whosoa-s-vca-’ sis-all forge, - it to be unlawful for aia-y person “to of’. deface, corrupt on embezzle any char- fe-a-’, or accept in pa-ymca-ut, a-ny note ia-i ters, gifts, grants, bonds, bills, wills-, a-a-a-ed fe-os-ta- a-a-a-my - ua-s-imucospoa-’s-a-ted baa-uk, conveyances- oa-’ coa-mtraeta-, or shall deface ha-sowing’ it to be a-we-Is.” Time foss-ntis sec~ or falsify a-a-a-my la-uroliment, registry or i.e. s-iota- contains a ~s-ons-sothat “s-uothsmng Cons-i, wa-thinthis s-tate, shall forfeit- dou- cots-tamed ‘mm-a- tIme a-ct s-la-oula-l be construed ble the value of time damage the-ne-by s-us-. - - so as todisc-la-at-ge anyp~frs~nor persons, tamed, one halfwia-ercof shall go to the am’ anyassociation ofpem-sOa-ss,who might, party wroa-mgecl: a-a-md the party so oftimnd- before tIme passimmg of the a-a-ct, la-s-a-ye be- ing, s-ia-a-Il be dIs-caa-cle-d fm-am s-a-li places come es-a-ga-a-ge-cl for the pa-uya-muent of any of tra-ift, and publicly disga-’a-cecl as a. a-a-tm of nuoney, from such ema-gagemcma-ts.” false pem’sos-a-, in the pillory Or otlme-rWa-s-e, ~hs-pposenow, that s-a- person s-la-os-s-Id Ia-ave at the discretion of the cOut-t be-fore kno1s-iiis-’l,s-J rece-ived a- notO us-wed contra- wimom time cause slmall be tried. ry to this law, and tIme hank Isa-cl refuse-ct -By a-n act pass-edin 1705, (chap. 149. pa-a-ymca-it, no action would lie os-s s-t, be-- vol. 1, pa 49.1 If’ a-ny pertoa-m s-hall b~ s~a-tla-netime courts of’ the commonwealth convicted of counterfeiting’the hand oa-’ would not suffer time-ms-elves to la-c ia-ssta--u- sea-a-i of s-a-notlser, with a-mm intentto defraud mental in emsfoneing time execution Of an- a-a-me-h person, a-ha-fl suffer thm’ee months s-a-nhawftul ca-ia-a-tract. Tisis pm’ia-a-ciple ha-a-s imprisoa-smluea-a-t at ha-i’d ia-a-hour, and be heen establjshce-t ia-s time cases- of’ 4s-a-tIa-a- fima-ed treble time value ha-c or she- sbus-s-it ny’s Executors, v, Va-s-a-ia-s-as-’, a-a-sd .)~mclsell, ba-vu defa-’a-a-a-ded, or attempted to la-ave v. a-S’s-a-is-h, both decide-cl in 1-his court. defrauded time-re-by, to the- use of time This-sm’s-s may be -baa-a-k notes tlterefote party wrongcd~and whqsoever a-la-a-if 582’

17g0. coumatenl~a-itthe- ps--ivy or bs’ead sea-i of time cots-a-moms-he--mv, fur forgis-a-g a-a-id for uttei’iug’ - “,_~J province, be-is-mg convIcted time-re-of, s-Isa-li ammd publishing as true- a coua-a-terfeit -ten suffer seven ye-am-s lumps--is-os-a-me-nt as a-fore- dollarnote oftime bank ofJa-J’ortla- .~~2s-nerica. sts-id, and be fia-ued at the discretion oftime He was- acquitted ot’the forgery, and con- court, is-u any s-urn not exee-etbs-sg os-Ic vie-ted on time see-os-u -count fQr Cttering hundred pounds to time support ofgovern- a-nd publisls-is-s-g time said s-mote, as true and a-ne-nt. - ge-os-a-ia-se, ka-mowimsg a-ha- a-a-inc to be false, If any person shall forge amsy entry of forged a-nd coua-mterf’eite-d. &c, ackimowle-dgments, certificates or ta-a-dora-c- His- counsel moved ia-s arrest of judg- a-nents- of or on deeds-, whereby the fa--ee- - me-nt for the foliowima-s-~re-a-sons. Beca-tise hold or inheritance of any man lsmts-y be Use- uttering a. note ot the ba-a-a-a-k of .Ma-nth changes-I, lie shall be- lia-blh to the pea-ste-i- —JMcrica, kmmowimmg the same to be- coun- tIes againstforgers of 84s-e- deeds &c. Act - terfeit, is s-sot ia-udietable at coma-non law, of May, 28th 1715, for a-ek,nowledging but is an offence created la-y a-a-ctofAssem- amid recording ofdeeds, vol. 1. pa. 95. bly, and tla-em’ef’ore- the- indictment s-la-os-a-Id. By tla-e 5th section of tIme act of 22d of ha-ave concluded “a-a-ga-ia-a-st time a-ct of As-i- April, 1794- Every pars-on, who s-la-all be sea-nbly,” or, ifitis aim oftusnce at comma-na-on cone-era-s-ed ia-u printing, s-iga-uia-ug’ ày ps-s-isis-mg, law, still a-s-itis-ps-mis-ha-bin emily by act of a-ny counterfeit s-motes- of the banks of Asses-a-mbly, a-so punishmes-mt cams be immfiiet— - Pa-snumsylvania, Nom’th America, or the ed, because- the- ia-sdie-tmes-mt doesa-sot comi. lJnited state-s, ks-a-owing the-mn to be sue-Is, elude againstthe form oftime act, &c. or altering ms-ny genuine notes of the said. - Afterfull argument,thefollowing opin- baa-a-ks-, shall be sea-mtenced to undergo a ion was delivered by time- Chief Justice. - confine-me-a-mt in the gaol a-a-md penitents-ary It will be neces-sar~a-to consider, 1st. house- of FIa-iladalpls-ia for a-ny time not ~i,Timethmerthe offence is- indictable at com- lessthan four, normorethanfifteen years-, mon law. 2d. Whetheris-is pa-unishable by and simahi also pay sue-h fine as- the court any act of Assembly, and, 3d. Whether shall adjudge, not exceeclia-ig one thou- judgment for the puma-ishmemmt prescribed. saa-md dollars-,—or, of’ the i’lmila-delphia by a-ct of Assembly, can be rendered os-i ba-ma-k, by the se-yea-a-tb section ofits- ice-or- this ‘md-ictmcnt. - - j-~oratha-gae-b pa-s-s-ed March -5th, 1804, 1st. it s-ce-ms to have be-en tla-e opinion (eisa-p. 2439.) on, of time Farmers a-a-nd of the old writers on criminal iaa-v, that Mechanics- bank, by the 9th sectios-s of forgery at common law could not be- corn- their incorporating act~pass-ed 16th of’ - initted with respect to any writing of a March, 1809. - privatena-s-ta-ire, unless- the same was under Bythe 20th section oftha- act to regu- seal But this point was fully investigated. late the general elections, passed Febm-u- and. decided to the contrary, in the ease any lhths- 1799, (chap, 2009.) if a-ny os-se ofthe A’izs-g v. Ward. 2 -14, Raym. 1461; shall knowingly, -pubiis-ia-, uuer, or make- since- whichtise law ha-s been considered. hse of any forged or false receipts-, or cer- as settled, In tima-s-t ca-se time is-sdictment tificate (for payment oftaxes,- or of ma-a-tn- conta-ined two counts; the 1st,forforging rahiza-a-tion) with ia-a-tentto impose the same ha-i usa-sealed writing’, with ia-ste-nt to de- upon, on to deceive a-a-my Judge or Ins-pee-- fraudthe Os-a-ice of J)uckingha-m, and the ton of any election, sucbm person s-ha-s-il in- 2d, for publishing the same writing, with cur a fis-se of fifty dolls-a-na-, a-nd sufi~rsix - the same is-a-tent. The court did. not de- ima-oma-thms- imprisoa-mment., and by tbse 22e-I cide on Use- seeoa-~clcount, because the-re c—ee-tion of the same act, if a-a-my judge- of wasno occasion; but I can seeno reason, ‘a-lie election,ia-a-spector, cleric or otherper- wia-y tIme- publication s-huommld not be in. a-na-a-,shall deface, alter, embezzle or a-lie-table, as well as the forgery; every stroy, any oftime ticke-ts, lists- or tally pa. sniscla-ief that miglst be.produced by one, pers, or ca-irtmfle-ates-, after tia-e election might also be produced bythe other, one s-bail ba-a- closed, a-a-md the said tickets- he-. point decided by the court, was, that it deposited. he. sue-la- person, so offea-se-ling was immaterial wlmether the Duke of shall, forfeit as-sd pay the a-tim of tlsree Buckha-gls-as-n- was- actually injured by the- isunda-’ee-l doliars- to as-mypens-os-s wla-o s-ia-a-Il forgery om’ a-sot, Is-s giving time-jr opinion, a-we for the same witlmis-s six montlus, and theysay, it may be inferred from the sta- suffer inspi-isosunment for a term not cx- tute, 5 Eliz. c. 14. that the forgery of ace-ding twe-lve momstiss. writings without se-al, was an offemsce at As- to time punishmea-st of forge-my in coma-non law, because the pm’easnblc ot cases- wise-nc the pillory wa-s formerly pa-nt the statute me-cites-, Usa-sttime wicked prac- ofthe se-mute-nec, see- the 4th see-tioms of tIme tice of na-a-kIng, forgis-a-g a-mud publishing, a-eta-n the text, ama-cl the act of 4th of April, deeds, wnitia-mga- &c. Isa-Us- ice-rests-ed, ehiet~ 1807, (elsa-p. 2305, § 1.) by ~vIa-ie-la-time im- ly because- Ua-e pa-lusishments-, limited by pna-soa-sme-mst at ha-a-rd labour may be cx- the laws andstatutes were-too nuild- Nosy tea-se-led to a period not exceeding seven tlsia- a-rgumema-t has as- much weight to years, and by §2, may be sent to the pea-a-i- prove that thepublicas-ios-a- wa-s punishable, teistiany ofi-’/a-iladelpls-ia. as that the forgery its-elf wa-a-s-a- bee-s-ta-a-ac Ia-i Use case of the Cons-mas-s-wealtk~v, botis a-re mentioned. But what I chiefly &arle, the defenda wa-s indicted at m-e-Iy on, is-, that the publicaa-ier. is in its~ ~83

la-~.tUreas dslngerobsto snOletya-a-s the for-. that which ‘was a-va- ofis-ma-e b~far~,there 2~ ~ ge-ny; a-a-sd therefore there is- a-mo good re-a- - s-mo a-ieces-s’sty-of mentioning’ the statute, sos-u, why the- common law should ps-a-cia-h When an nmds-ctment cia-am-ge-s a pea-son one, and not the other. There have bee-a-i with having done a thing a-ga-is-a-stthe ferns so na-ma-ny stattmtes- in England ia-a-file-tin ’ a-c- ofthe a-ta-ta-a-Se, &e-. the obvious- mea-ma-inc’is-~ yea-c punishments on forgery, ma-cs-i the3 s-it- timat the olFe~cewas coma-a-mis-ted against lea--ing a-nd publishia-a-g forged writings, the formof the statute, without as-my refer- within the- last ccxst’mry, that wea-re imot to ca-me-a-s to-the pus-mis-ha-ne-s-st. This-i stems -to expect za-uma-za-yprecedents- ofindictments at be Lord Hale’s- idea, who says, “if an cots-a-mon iota-u ia-u that coa-ntry. Bust no au- offence be at s-os-ms-la-em law, anti qs-lso pro- fhoi-ity, cm’ eve-mm dictum, ha-is- b~ea-spa-~o-hs-bita--d by statute,with acorporal em’other due-ed -to s-hew that publication was msot penalty, yet it see-na-a-,’ the party may be s-zn cUba-ice. W~na-ny safely conclude xnda-ctecl atcomma-man law; as-md tia-es-a-, tls-oug’h Umerefbre,- from time-reason of the- this-mg it-concludes nOt s-os-a-tYa forms-a-ant stats-s-ti~it s-ia-at itis,. - - stands- as an itmdieta-ia-emmt at common law, We la-ave a-mo act of assembly expres-sly a-nd can recthve- only the penalty the cons. prohibiting - the forging, or s-sttem’is-mg of nmoa-a- law ia-stile-ta- ia-a- s-la-at cs-a-s-s-f,”- 2jfak lOt. forged. s-motes of time- Bank ofNorth Ame- The- expressions- of Hass--kini a-na-u a-nerO ge- rica. Rut Use act of’22~of April, 1794, nera-h, a-ta-a-d less a-zce-s-us’a-te. He a-a-VS, “it § 5, thus-ut every person who s-la-all be eon- s-eeThs- to be tákbn ha-a ~commonbros-a-nd-, vie-ted of hw~iugfalsely uttered, paid, or that a judgment by sta-a-tute- shall a-meyer be tes-s-dercd in pays-tue-nt, as-mv counterfeit or give-s-s on a-u indictment at eoma-smos-t lUw, fbs-’gecl gold or silver coin, knowing the as every ia-ms-lie-s-me-a-st wia-Ich cloths- not coma-- same to be forged or counterfeit,or s-hall eludecontrafit-ntis-rnStats-ui a-ia-all ba-a- take-s-i be cone-ct-ned in printing, Jàr,ging, or pass- a-cl be-,” I pre-sumne - his meaning’ was--Use ing any coma-tea--fe-it ma-cs-te-s, of s-lie ba-s-mit-s of same a-i- Hale’s; but if ha-is- opsa-iioa-a- was Fcs-a-~s-a-yla-m4ta-ja,.iv’ortlm .Jimcrica, or the tuis-I- t~ms-s-tjta-dgmentfor th~pus-a-Usia-me-nt pm’e.4 s-ed .S’ta-s-tee, knowing theni to be- sue-ia-, or scribe-cl by statute, ~os-i1~d‘in no case- be- altering any of the. ge-a-a-nine notes- of a-ny give-mu oil a-n ia-a-s-lie-s-me-nt s-sot concluding of the ss-s-.id banks, s-la-a-Il, &e-. Time offence cos-itra fvrrnamn. stats-s-ti, ise-was mistaken, Is-a-hi in time indictmentdoes-a-mat comewith- as- maybe proved by the imigis-tst a-us-ho. in thmis- act, forUse pits-ia-stiffis- not cimargea-1 - nity, By the stats-ste 25 Ceo, 2. c~27. with passing, but only uttering and publish. Time judgment ia-s nis-s-rder,is altered;- the- is-mg, wia-icla- is- a different this-mg. The- dii’- day of execution is mentios-mrd, and the - ferenteXp~essiohssis-mthis- act,with a-’espect body of the- crina-ina-ul is’ordered- to, he d’w-. to gels-i sundsilver coin, a-a-sd ba-a-ak s-sos-es, see-ted - as-sd a-a-a-atOmized; yet thme ia-sd’s-ct- sisew that the Icg’islature ia-a-tea-a-dee-I a dif. ma-suits sine-c that s-ta-ta-ste do not cone-la-s-s-in fe-ne-s-a-ce; as-a-a-I time-re ma- re-ally a dhffea-’e-nca-s- contra jbrsnaa-it stats-s-ti, - See tlme-appendL’c in thea-ma-tune oftulsa-ga. To utter a-s-midpa-s-b- to Blnckstos-s-e’-s- Corn. a- also, the tnia-S1 of ile/u, is to declare or ass-el’s-, directly or Ea-s-’l .Fcrrars—State Tniahs-~.—soia-s - mnan’~ indirectly, by words-nra-s-ct’ioa-a-s, thsat a- note other cases. It maybe -proper- to me-a-i- is good. -To ofFer it ja-u payment Would ba-u s-is-a-mm an ins-ta-a-a-a-ce esta-a-blisbtiog tiso a-as-ne an, s-a-tteris-mg on publishing but it is a-a-at principle in England, though not a-u an. passed, s-a-a-ms-il it is- a-’eeeiye-d by time pe-a-’aos-s tla-os-’ity here, because- it is- since Our a-eve. to wlsousm it is offered, It is- unmma-secs-aary iutioa-s. By Stat. 30 Ceo.3. c, 48. the j~cig- - to decide witetia-er it wota-Id he pa~sed,a-i’ a-s-a-es-a-ta- against wets-a-es-s coma-vie-ted ofs-re-s-a-s-on, time- persoms towia-om it ia-offered, receiVe-s os-’ petty tm’eaaoa-s, a-i.e altered; yet the ‘a-a-i’ it fbr s-lie- purpose of ia-s-wing it e-xamined~ dies-me-cs-s coumti;a-ue to be draws-s at corn-. Time indies-me-nt only ela-arges the us-tens-mg mous- law.- - I s-la-a- not knOw Ua-~t-thmepoimtt a-s-sd publishing it as true a-ma-cl genuine. ha-as eves-’ be-fore bee-a-s ba-os-a-glut before the But tla-em’e- is anotlser a-ctof assembly, pass- coasts of tWa-a- s-tate for s-lee-is-ion; bust tima- ed the 5th of April, 1790, (actis-s the te-s-tt) precede-a-its as-fars-a-s tise~have- bees-a- sens-’cla-~ wlsie-It provides for the ofThnces set forth ccl, a-re to be lena-sd in both ways. I ms-sake ia-a- time indictmes-a-t (a-ce-the-section) and ~y no doubt but in a s-a-a-it manyca-a-es, ja-s-&g. time ia-ct of’4thm of Aps’ii, 1807, this time is me-ia-s-sunder ms-eta of assembly ha-ave be-en,- ia-a-creased to a-a-my tens-n a-motexceedimsg se-ye-is- given ontime- indictna-e-nts at common la-sr. yes-s-na-, a-s-s-timediscretioa-a- oftise court. Time-a-c (Tpontime-fullest deliberation,the cota-s--t are ia- no doubt but tla-is offemse-e migist have satisfied, tis-at s-la-c judgment ought a-sot to - been pua-a-is-lscd by sitting in f/s-cpillory. is- be- arrested. 2 .Bis-s-s-s-ey 332. is time-se-fore within time net. By the act of’ 21s1 of Feba-’us-sry 1T6~’I It re-ma-a-is-a-s to be coa-a-sides-’ed, wise-times-” (Chap. 557.) If a-sty persois shall falsely ummder s-hula- indictment we- ca-ui give js-idg’- fbrge, and counterfeit s-s-a-my coin of gohd or a-sue-nt for tla-e pus-a-ia-la-me-nt pnes-cribed by silver, wia-ichiis- nowor s-isa-li be passing’, or tIme act ofassembly. I ta-a-ice-the-law to be, is-s cim-es-ulatioa-a-,in thisproviitce,bela-mgUse-re-- thatwbere a statute cm’es-mtea-, or expressly of lawfully coa-svie-ted, s-Isa-il suffer death proh:b:ts as-a- oft’ea-a-ee, ama-a-i ia-a-filets a ps-mnish— witisont be-a-se-fit of clergy; s-a-ne-I. every, a-ne-nt, tIme ia-a-dicta-ne-a-mt s-nta-st coa-iclude pea-’~on,- a-vise s-Isa-a-il pays or tender is-s pay- a- a-gemnsttlme fora-n of the statute. But a-vise-re a-a-a-cs-st aa-iy such forged and counterfeited a statute os-miy ia-a-filets a pa-~nishmenton coin of gold Os’. silver, Is-ma-owing s-lie same 1790. tO bess-a- fbr~edas-sd eeumntenfeites-i, o~icon- rewards, prmsthia-s-es-, br by any Other ala-us. .t .....~ va-eta-on s-hall be se-s-ste-a-seed to the pillory, tea-.’ a-a-sd unlawful ia-boa-mr and means wimat- ‘“‘ have both his es-u’s cut off ama-ti nailed to s-oever, to cons-a-a-mit any wilful anti corrupt the plllom’y, and be publicly whipped on perj ia-ny, ims a-ny matteror cause depending - - isis bare- back with twenty omie la-sites- well in suit and va-rims-a-see, by a-ny writ, action, laid on, anti forfeit the- sum of one hun- bill, comnplaint, oria-a-formation, hi anywi~~ dred pea-a-ntis he-. Vol. l.p. 272. - tots-citing anti concerning a-my la-a-usda-,tea-sc. Cous-mterfeitbsg tla-e bills- of credit emit- me-nts or he-s-edits-a-me-na-a-, or any goods-, ted by the act of 21st of Feb. 7. 1773, e-la-a-a-ttels, debts ordamages, (ia-S any court (Chap. 672.) or forging the- names of time-- la-avis-mg authority, he.) or s-la-all likewise signers there-of, within the province- or unlawfully amid corruptly procure or su- else-a-vise-re, or uttering such, bills-, knowing born any witness, or witness-es, to testify thea-a-s to be- counterfeit, was punis-isable is-a- perpetuarn a-’s-imemorial-n, es-try sa-ich -with death, witla-out benefit of clergy.— e-ffendea-’ be-big tIser~flawfWlyconvicted, So ofthose emitted by the a-ct of March he-—Noperson so convicted or atta-~nted, 1785, he. ante. p. 289.—Ba-st times-c crimes, to be from s-beneeforthi’eecivcd as a wa-t- is-Is- presumed ca-s-snot now be- committed, imes-a- to be deposedendswornis-a- any court a-s time bills area-a-os-ia-s circulation a-s-md are ofrecorduntil such time as the ju-dgmea-st irredeemable. - - - g’a--a-’es-u against h’s-a-n be- a-’eve-rs-ed, he. - By the ~ct. of 22d of AprIl 1794, the Ifa-ny person,e-ithxerby the- subornation, counterfeiting gold or s-ilves’ coin, or at- unlawfia-l procua-’emea--s-t, -s-is-mis-s-er persua-a-. teria-mgs- paying or tendenis-a-g it in payment s-loss, or means of any others~or by time-in &c. is- punished equally, by impnisominient own act, comusent or agreement, wilfully ntis-s-a-rd labour, for any time- not less- than arid corruptly commit any ma-s-a-ncr of wil- four, nor more than fifteen yea-na-, as-md a ful perjury by la-is or the-ir dopes-is-ba-a-a-, in fine- not exceeding a thousand d~h1a-rs~‘a-ny court he. or be-big es-s-a-a-mis-ms-a-ti ad per. anti a second offence of counterfeiting, pets-s-ca-n rei ms-na-os-tam, that then eves-’~ wide-it wa-s capita4, by imprisonment pea-’s-os-s a-o offes-~iia-a-t~’,and bs-~m~theree-f dus-is-a-g life.— - -- duly convict or~uttaintedhe-. s-ia-a-il &c. Counterfeitings-ha-c brammda-ma-mmrks one-asks, and the oath of s-a-a-cia- persoa-s sooffe-ndia-i~, of-beef a-s-a-s-i pork, Was ps-a-nis-hablO on coma--’ from th~a-seeforthla-os- to ba-u received is-i vietios-a-,for time first ofThnce, with forfeiture ~ny coua-rtof record he. until- a-s-se-is ,judg. of five poa-us-ids,.-.tIse se-coma-ti offence ten ms-a-nt he revas-’sed &c~ - -- pens-a-mis, and fist’ the thsis-d na-md every otis-ea-s- -- As- - w~s-lLthe Jud~eor Judge-s of tia-~ ofFes-mee-,- by imsa-prisonmOnt as-md -piIiory~ e-o,mrt- wimea-u ama-y iua-t ia or shall be, a-a-a-s-I Vol. 1. p, 172, (a-s-ct-of 18th of As-s-gust, wins-a-ups-a-a-s any s-a-a-cia- ptrjs-a-ry 15 ci’ s-la-all 1727) as-id the same puma-ia-la-me-nt thmrca-ts-gls-~ happen to ba-a- commnitted,-sa-’j alsO tha-a- jus-s~ out,for countes--thiting the ia-ramsti-a-ra-a-a-u’ks us-i tie-Ca- of-As-a-ri-ac anti Oaoi-l)èlivea-ry,is-a-s-ia-el’ flour casks-, by s-la-c a-a-s-mt of 5th of -April s-a-a-semi- circuits-, as-sd thu ,Jus-tices- of tha-s- 1781, (VoL 1. p. 527) os-i s-ha-a-sd a-a-a-ti is-era--is-mg pea-CO is-u every county, a-s-a- the-in Qa-s-amta-’r casks, Vol l.p. 42U. - See p. 271, ante-. b’cs-s-s-is-nlS, s-la-all is-ave f’a-a-ll pow-ca-’ ms-a-sd us-a-lbs-a-- This ofthnee a-s--s-Isis-ti time committee-I, rity, by virtue ha-s-re-oh’, to a-s-us-qua-ire a-a-i’all a-a-s-ti is- of coma-na-c pus-mis-liable ua-mdL-r s-Is-c 4ths every the clefs-a-is-Ito ra-is-d s-s-a-lOs-a--a-s-s-a- ps-a-s-ps-a-. see-ties-a- of’the a-set ia-a- s-is-u text, a-a-nd tia-e as-it trateti, e--s-s-s~s-a-ms-lttea-i - us- a-ta-me, cs-ma-a-ta-a-try s-is- of 4th of April, 1807. - s-ii’s-s s-a-ct,- by is-a-r]uiss-ioa-a-,--ps--s-s--:cs-s-ts-a-se-’s-mt, bill cs-n ria-a-t’us--ma-t’a-os--s-~ ba-a-fore s-Is-es-s-i c’a-s-}a-’ubiL-d~ PERJURY—SUBORNATION OP PER~ or otta-cm’wis. iawi’a-shiy to hs-~-a-a-’ a-na-i ties-cr’ JURY. a-a-s-is-sc the a-a-s-na-,-, a-a-md ths-ereua-pns-s- to give By the act of 171$, ~. 25. the statute ja-a-d-,~a-isea-s-I, rca-wa-s-ra-t, pi-octa-es- ms-a-id exca-du- made in -the Stls year of qua-ce-n Elia-cs-bet/a-, a-ion ofthe ia-a-s-a-a-c, ace-os-ding to s-ha-a- cosa-mua-~ c. 9. entitled” a-a-n as-st for tha-e pa-5a-a-illa-s-nent ofthe Is-s-wa-, &cs-~ - - of s-ucla- persons as s-Is-all procure or com- By the s-a-ct of 1718, ~24-, Ss-a-bus-s-mathonoh mit us-ny wilful pea-jts-a--y, s-ha-all ha-s oba-s-rveul pea-ia-a-ry, a-s-ut os-thy with re-s-ps--ct to ma-a-my ia-a- tis-Is- ps-evince, a-a-id be- ds-a-ly pus-is-a- cxc- ca-s-us-a-; depa-s-s-dia-s-s-r a-n suit s-s-a-ms-I va-s-a-’iama-ce, but ca-ms-ion, as well agais-sst timc,a-e- that aba-il in m,a-a-y is-mats-er,c-a-us-c a-mr this-a- s-via-s-a-is-oevs-a-s--, falsify their a-Wa-rmatios-ms, a-s-a- those a-visa-a- upon os-a-a-is- us-’ a-s-lila--na-ntis-s-n, sa- a-is puts-is-t1a-a-a-bks s-isa-s-il falsify the-is’ oaths, os’ ha- costricted by fus-fi;ita-a-a--e- ot’I’um’ty ia-os-ta-a-mis-, oma-a-a--ha-a-lf (e- of subornation of pc-rjs-a-s--y. Vol. 1. p i~O. s-is-c s-.oVea-tia-a-s-’, tia-s- s-ha-a- suppua-’L of guva-a-m’s-s-. This- statute is still in force, except tile mmiers-t, a-a-ne-i time os-la-cs-’ ia-s-s-la-’ U) timta- paa-’ty 10th, 11th, 12th a-a-sd iSs-ha- se-ca-ions, which gs’i~s-e-a-l.ha-mt a-Or wa-a-st ol’ia-s-a-s-mis, goods &sa-s- a-re ia-sapplica-a-bbi to this consmommwealtim, -‘s-a-a -satta-fytls-a-r a-s-mis-i fba--tr pots-ms-a-ia-, sue-la- cml’. and excels-f the- pa-s-nba-Is-me-nt by is-a-s-pm-is-us-a-. ~s-~s-s-a-hcr,Lea-s-mg ca-os-a-a-ia-s-tea-i or as-ta-a-ia-s-tea-I of me-nt and paying of moma-cy, a-s-isle-la- is a-a-is-er. ps-i-/ur,yor a-s-a-mbos--a-s-a-l’a-os-a- a1’cmu’ca--.a-id, wa-ta- ts-~) ed by s-sum’ pea-a-al ia-a-vs. softer ms-nps--ma-ra-ms-a-s-ss-ent for the s-ps-a-cc of’s-six Tue parts of the statute in force- lucre months, as-sd -a-t-a-mmd on the piuia-sry he. a-cUes-v a-— Pex~a-um-yia-s proving deeds Is-c. to ice-s-mr “All anti every person s-nd pea--Ions-, the la-ke pe-msa-uhtia-s, s-us if time- oaSis or a-fUr’ a-via-ida- s-ia-a-il ssniawfuslly and corruptly pro~ ma-ta-on la-a-a-ti been in ma-a-my cout’t of.’record, cure a-ny wa-Use-as or svmtnesses, by letters, vol.1,pa-’ 95. - l’ia-la-cr aITh’matIomi to ia-a-cut’ the same ally carried on fia-s-- time ofi’e-s-me-eat common i 79ö pea-a-a-s-la-ic’s s-a-a-s wilful and, cos-’rupt pes-’js-ma-’y, law. See 4 Il/as-k. Cos-s-a-. 237.—8, - by tla-e la-a-wa- of Great Bnita-ia-s, vol. 1, pa. The statute ofIl/ia-aba--tim does notre-a-els- 111, 112. e-very case; as-sd its- Emmg’la-a-md ha-s bees-a- Wits-is--a-sea- for prisoners-, sa-veams-ing os-’ supplied by vs-u-los-a-s ss-s-bseques-a-t stats-ms-es-; s-firs-a-a-is-mg this-ely is-s their evidence to in- s-ma-id la-crc, by the last act on the subject, ca-mr a-Is-c like penalties-, voi.l,pa. 112. of s-la-c3d ofApm’a-l 1804-. Time putsia-hmea-a-s- Ins-a-dye-s-st debtor, eommittima-g’ perjury, fat’ exceeds- s-ha-it is-a- tia-e statute; and the os-s his discharge, by oath or a-ffimna-ation, terms us-ed beima-g gene-s-al,“svilfuliy as-a-cl to incur the like- pe-ma-alties, and ma-say be fla-Iseiy a-we-am-ia-mg or affirming” would a-a-la-- take-tm in execution de nero, vol.1,p. 184, pear to include- em-cry s-la-is-mg wia-ich is pea-’. Persons- swearing falsely by a-n uplifted Jury at coma-is-ia-os-a- ia-a-v. la-and, to incur time like penalties-, vol. 1. Since- this note went to press, time fol. p. 388 lows-ng important ease occui’med; andno Por perjuryatelections-, under the-elec- apology a-vili be s-see-es-s-amy for its ia-use-rIbs-a- tion law, see time act of thelStha- of Fe-bra-a-- s-s-t large. a-a-my, 1799, (cIs-a-s-p. 2009.) See the 4th Frederick .ls-i-a’mer, Pla-is-itiff in Ei’ror, ‘I. section of tha-e act is-a- time text—But a-sow, the Coma-ns-a-nwealtls-. - by as-a- a-ct pass-cd tia-c 3d of April, 1804, Immdzctns-es-a-t for perjury, is-a- (hue Court of (cia-a-p. 2510.) every pens-on wla-o a-its-a-li Quarter Sessions- of’ Barks County. comna-itpes-rjss-ry cmi’ suborn, orpa-’ocs-sre any Time Defens-Iama-t wa-us- convicted, as-sd time pea--sos-i to coa-a-ia-a-iit perjs-sry, by wilfully and js-a-dgment re-s-a-mis-a-re-s-I wa-s s-s-s follows a- “la-s-a- falsely swearing or allis--miming, sims-a-Il, upon .~Ipril1811. Sentence a-a-sd ,judgmma-ea-a-t of being tia-ereof convicted in ama-y court of time- court is, s-la-at time- sa-a-s-ul Frederick law a-s-is-ia-is-a- this- commona-vea-a-ltia-, forfeits-a-a-md Iii’na-s-ner pay a a-is-me of’ os-a-c ]a-s-us-a-dred dolls-u’s pa-s-y a-a-my sum s-met exceeding five- his-ma-ida-ed to the cona-ma-soma-wcs-a-lth, uncles’go as-s ia-ups-i. dollars, and ss-a-fi’er ia-ia-pm-is-os-a-me-nt, a-s-nd. ba-i sos-a-me-nt at bars-I labour for six calendar. ke-pt at la-a-us-cl ia-bbs-sr during any term not a-ssos-a-tims -from(la-is dayin time Gaol of’Be-s-ks exceeding seven ye-am’s-, at the discs-ca-ion County, and dens-mg s-la-s-a-a- tis-a-a-e to be comm. of time court before whom s-ucla- coma-victios-t fis-med, fed, cloa-s-tha-ed, a-a-a-ti ta-ca-ted as time a-is-a-a-Il be- ha-ad; a-a-a-ti fa-a-rtla-er a-ia-a-iltia-es-’cafiem’ la-s-a-v dim’ects, a-a-a-sd ibm-s-ha-er that the s-a-mid be disqa-ia-s-iifled fl-ma-a- hoidia-a-g a-ny office of Frederick E?enme,a-’ sims-a-il hmem’es-tfter be s-Us. la-onoun, trust or ps’oflt is-s tkiia- common— qua-a-life-ti f’s-os-is- holdis-mg na-my office of sves-a-ltla-, a-a-nclf’a-’om be-big admitted as a-a-legs-a-I honour, trust or profit imstlmis common- a-vita-se-s-s is-a- aa-a-y mattes’ofcos-a-troverma-y: s-s-a-md. a-veahthm, na-sd from beitug admitted as it s-n ms-mcls of any law hereby s-mitered, is- re- legal witnc-es is-i as-sy matter of cola-ta--over- pealed. sy, amid tlsa-t he paytime costs- of ps-’osecs-a-- l-’or other cases, us-a-des-’ pa-crt’s-cs-s-las’ acts tion, amid sta-mmd cos-urs-sitted- a-usa-il this sen- of assembly, is-s which perjury na-ay be tence- be compiled svitli. - coma-a-omitted. See time ge-ia-era-IIa-sdex, tithe, Several c-ra-’ora- we-i-c assigned; but as Perjmay. the opilmion of the court a-va-us express-ed l’crjta-ry is defined by Sir Edward Gate, upon ta-va pois-a-ts only, it mviii be us-ia-mecca-u to he a cs-ia-a-se committed wise-a-a- ma- lawful s-s-try to s-tate the otis-era-. oath is administered, in s-omejs-:dicialpro. 1. Tia-at tia-e Court of Quarter Sessions ceedia-a-gto a persous who s-weam’s s-silJully, has- a-so junisdictioa-m in cases ofperjury. absolutely, as-mdfalsely, in a matter na-as-c. 2. That the judgment rendered os-i the rid, to a-la-c is-sue, or pois-mt in question. 3. verdictis illegal, as-sd contrary to time act Ia-st. The ia-a-v ta-ike-s no notice of any of as-s-ea-nbly. ~erjs-a-ny, bus-sue-ia- as is- committedis-s sonic Tue aa-’gument came-on at time Supreme- court ofJustice, la-avis-mg power to ada-na-n- Cotta-a- for time Lancaster dis-ta--ict, May ister an oaths; or before- some magista-’ate term 1811, anti ca-i the 27th of’ May, time or proper office-a-’ is-a-vested witim s-is-a-a-liar opinions of thejudges- were delivered as authos--itv, is-s sos-nc proceedings relative- to fohioa-v. s-s civil suit, or a-a- cs”s-mis-mal -prose-cs-sties-a-; Tilgls-ms-vs-, G. .T. Tla-s-s is a a-va-it of error ba-it ~a-,kcss-a-c noticeof avolta-na-amy ~/Jkla-s-ritto tha-e Court of Quartet’ Ss-a-s-s-ios-a-s of .Berks, is-u a-a-my exIt’s-a-judicial a-ma-a-a-ta-ca-’. Tue per ury is-a- a-va-s-ida-theP1s-mis-a-tifl’in emma-’ a-va-s indies-ca-i nsa-a-sts-a-is-n be- cora--upt (a-la-at is- na-ala ens-mo,4 as-a-cl comsvicted of pes-’jua--y. Ms-a-a-my ers’ors cm’ with a- wicked ia-a-tentios-a-) wilfui, posi— ia-ave bee-ms assigned; there am’s-a- Is-ut tsvo, s-ia--u a-a-id a-a-bsohia-te ; a-sot upoma- s-us-prize or liosvca-’em’, os-a- a-via-ida- Is-ha-ia-a-k it ma-e-a-s-ess-ary to time like; it isa-s-s-st s-a-is-c be upon s-os-a-a-c poima-t - give an opinion. The- first is, that the ma-s-atca-’i-a-l to the-a- question in dispute; for cous--t be-loss-isa-s-I on jum-isdictioua-. See-os-a-s-I, it’ it us-mhy he-a- is-a- sos-a-s-c triflingcollateral cir- tlmat time ps-a-ma-isis-a-ne-nt asvas-da-a-d is gre-ate-s- ca-a-na-s-s-s-a-a-a-ce to a-via-ida- s-mo m’egs-a-rd is paid, it ties-n is svai’a-’ars-tedby ia-a-mv, Li iso na-ore pe-s-a-s-s-l than is-s the voluntary, 1. As-a- the Coma-ri of Qua-a-s-tea-’ Sea-s-maims s-s-xts-’a~s-a-dicis-a-l us-s-tics- before mentioma-ed, exercises-s as-s extes-isive crha-a-ia-a-ai jum’isda-c- ha-s-b .rs-s-s-:s-1oa-s-of pem’jury, we ia-a-a--c seems, is- tioa-s, it is of ia-is-ports-a-nec a-ha-at s-mo doUbt a-lie- ofk-a-s-ce- of ps-’oeum-is-a-g’ anothser to ta-a-he s-boa-a-Id re-s-na-s-a-in on (la-at subject. I s-is-all a-a-a-cia- s-a- i’s-a-Is-c oatim, as coma-s-titus-es- pea--jury endeavour,tla-e-rcf’s-a-i-e to a-a-s-s-s-s-k the his-s-c of ia-a- tlse-s- ps--incipal. Theprosecutionis- us-u- its js-a-nisa-hiction distinctly, in order t-imrs-t VOL. iI~ 4F., the legislata-tre, if they tIa-iua-kit a-a-e-cessas-y, who then a-s’ere, or there-after should be ______a-a-may alter it. It is provided by our committed for “treasod, - a-ma-ui-des-, a-nd present cons-titus-ion, s-ma-a-dc in the year s-s-a-s-cia- otlmer crimes, s-us by a-la-c ia-a-vs of time 1790, that the-re s-hall be a Count of province- time-n were, on thes-e-aftersia-ould Quarter Scssioma-s of the peace, a-ma-cl a be a-na-tie- capItal or felonies of des-s-tim.” -Court of Coma-a-mon pleas for each county; Is-rIsen all parts of this- act are cons-idea-cd) and that a-ia-c judges ofthe Cou~tof Corn. the intcntion is- plain, times- crimes punish- mon Plea-s of ca-cia- county, as-my two of’ able a-s-is-ia- death sis-ould be tries-i by time-- ‘a-Is-Qua- shall be- aqms-orum, s-imall~compose justice-s -ofthe Supreme Cons’s-, and all the Court of Quarter Sessions of the-. os-Ia-er offes-sces-, by time courts- of Quartet’ peace. It is- also provided, that (ha-cjud~. Sea-s-ions-. But time justices of the Su- es - of s-ha-c Court of Coma-a-moms pleas- a-n preme Cots-ri had likewise jurisdiction of ca-eli county, s-hall by virtue oftheir offi. is-a-fe-nor Qffences, a-via-es-i holding courts-of ce-a-, be-justices of oyers-nd torilila-a-er ama-cl ojer and ee,’miner and general gaol de- general gaoldelivery, for the ta--ia-i of capi.~ livery. That this -was- time bouma-das-y of tel a-a-md at/Icr offea-a-ders time-re-is-a-; a-a-md any the- respective jurisdictions, I have al- two of them, timd president being one, ways- understood, as-md time recom’ds- of ths~ s-la-all be- a quorum. The cons-titutiout is- se-vera-I courts before time revolution a-va-U ,silent asto s-ia-c jta-tis-dictioma- ofthe Quarter prove- it, By s-la-c merciful improvements Sessions, from a-via-es-a-ce it is- to be inferred, ofour lie-na-i code, in s-lie- year 1790, as-md. that it is to be considered as -acourt since,s-so crime but murderofaim atrocious tvlmos-e jurisdiction was well known, and nature, isa-a-ow punished with death. Ba-as- is-a- ivia-ich is-was not Intended to make- any thma-a- has produced no alteration in time cs-i- alteration. This leads mmmc to inquire, nsinal’juisdiction, so far as -relates to the what was- time- jurisdiction of s-ia-is- court sessions, Tis-os-ccrime-swhielswereformner. ps-ca--ions to the- adoption of the cons-titu- ty pa-a-a-a-is-he-ti with tie-a-tim, rena-s-a-in out of’ time tion. At- (la-c tina-e of the Americas-a- revolu- jurisdiction of time Courts- of Quarter tion, all authority unties-the- king of Cs-cat Se-s-a-ions-. (See act of 2~dof April 1794. Britain having ceased, it became a-a-ce-es- - §. 16.) They a-nay be tried, hoa-ve-ver, by sat’y to reorganize the coum’ts- of justice, the s-amepersons, who a-sow comma-pose the .s-~ccordima-giya-ye findtia-at by an act pass. Court ‘of Quarter Se-s-s-ions, provsded time-a- ed 28th of January 1777. (Vol. 1. pa. pi-es-ide-nt attesids, because - as- before 430.) the several courts- a-s-es-c re-.es-tabiis-1i mentioned, time judges of the Courts of ccl, with s-hue sas-tie ja-a-ristliction that they Common Pleas- compose time Gout’s-s of possessed before s-ia-at time, Ta-me question (Ia-mars-cr Sessions-, na-md by virtue of the-is- recurs; what a-va-a- the jut-isdictiomi ofthe- offices-, am-c justices -ofma-yer amid icr-na-Ia-s-er, Court ofQuarter Se-s-s-ions-? On this- lsead as-md genera/ gaol delia-a-cry. It sometime-s - we a-re ma-ot left to corm3ecture. Ta-se fosma-m- lmappms-mms s-ia-at the sickness -ofthe- presi- da-tion of that, and other courts is found des-is- prevents- time isolding of coua-ts of ia-s as-a-. a-ct passed 22e-’s- of May 1722, en- oycr ama-ti kra-a-s-ins-r, as-a-mi in a-is-at case, ta-lie titled “as-s act for establishing courts- of offence-s of perjury and f~rgc.y(s-’c. a-a-may judicature in this province.” (Vol. 1. pa. be- tried. Is-a- time- sessions. If’ timis- be -131.) By time se-ens-id section is- is ens-mete-mi, thought is-Improper, time legislature Is-ave that time-re shall be a coa-u’t styled ‘a- Ta-se thepower to os-tier it otis-usa-vise; a-s the Ge-uses-al (Its-nra-en Sessions of the peace, la-s-a-v noa-v a-ta-a-na-la-, I have- a-mo dos-a-hi of the-a- and gaol delivery,” Isolde-n a-s-id kept jurisdiction of s-ha-c Count ~f (4uarlcr four time-s a year in each county. Time &a-~naa-s-a-s-. third sectionprovides,that tia-e justices of’ I will s-sow cca-nsis-lcr tis-a-i see-os-ia p0’s-s-a-ta- the- peace, or any s-ha-re-c of them, “shall time judga-a-s-es-a-t a--eis-d~re-a-I by time- cutLrt~ a-nd may hold the said Genera-i Sea-a-ions below. is-s os-dc-i’ to usa-des--stand (is-is na-at- of the- peace amid gaol deli’s-cry accos’clis-a-g ten, is- a-s-ill be nm’s-tess-a-try to take a via-a-a-v of tolaw, a-nd as- fully a-ms-md ef!hctuahiy a-a-s. a-ny several a-s-eta cmi’ assembly re-la-ida-’c to Use jts-stices of time peace, justices of time as- pts-s-iisisrnera-t of pa-a-a-~u’y. By the ‘is-it Se-C— .a-ize, justices of’ ojer and term/ncr or of tios-a- of tls-e- ca-ct of’ 5th of’ ia-ps--li 1790, a-a- gaol delia-ar ia-may Os’ can do,’~It would 3 ce-s-s-s-un class-a- ~t’otiis-a-ie-es-a-,irs- svia-icia-ps-a-s’jta-ry se-ca-a-a- from tha-is, that time- court ofQuam-ter. ia-s ia-a-a--hue-lcd, a-a--es--c s-is-s-a-dc punisis-s-a-bie (ia-a-- Sessa-ons a-vetOto ia-ave Jurisdiction ofcapt. ste-a-a-s-i s-sf cutting oIl time ears &s-u.) by this-u tal offence-a-. But s-ia-at this a-s-as-s a-s-ct the s-s-nd irs-a-pria-os-a-ns-es-a-t s-a-t ia-as--a-I labs-ma-ma-’, a-a-os- ca-a-se, will a-a-ppeaa-’ clearlyfs-’oa-n os-la-er pa-u’s-s- ca-a-s-media-mg time- terms-a- of two ys--a-srs, anti of the act, The- ta-a-ia-cl s-Ce-lion s-im’ce-ts, dum’is-mu~-a-ia-c tis-a-s-c of inspsiss-a-s-s-s-s-s-es-mt, tlmey that every re-cogs-a-la-a-mice ta-kea-i be-fbi-c s-a-ny of time- Justices, for suspiciomm of a-s-my is-a-s-a-s-s-- were to be fa-d, dna-s-Is-ed a-a-nd treated in ncr of f’s-dos-a-y, or os-ha-er cs--ia-ma-C a-moe irs-able ia-a- time a-s-ms-s-noes-’ mu-es-a-te-ti in na-moths-er part os-’ tile Chart of Qms-s-a-rcey .S’ess-1os-a-~ofs-is-c peas--c s-ia-a-.’ a-a’s-cl act, ‘l’is-is na-s-a-mines’ of ti’s-a-s-dna-es-s-u andgaol dc/mt-cry, “a-ia-s-s-li be ces-tifie-d be-- ws-s--.s- dilThra-s-ims- ia-a- ths-a-a -ga-a-uiot’time es-a-a-s-s-sty s-mI fete time-ps-meet of time ,5is-prs-cie Cs-mats-’ of P/s-ilade--lpIs-ia, Is--os-s-a- a-via-at it wa-s in s-ba- oycr a-nd. es-sms-a-a-cr. By the 18th section, ga-s-cs-ic of tls-e s-s-timer CGs-s-fltlc-S, for t’e-’asos-a-a-a- the- ,ja-a-sts-ces a-mt the &s-prenme C’ourt are a-a--la-’s-cia- ~tis umis-s-cca-a-sss-a-s-y to nsa-a-ms-la-os-a-. Tue au~thormzedga-ms-I empowered,from tis-a-s-e to present eua--bjc-et t-ela-tcs to a-Is-c latter ca-dy. ta-Jues- to deIis-e-s--thega-ohs of a-il ~a-ea-s-ua-ta-a‘ria-e- 28th se-ct. ot’ the as-a-tdea-cribs-es- the-’- is-a- s-s la-ia-mis- t1a-oam ~s-.-ua-rJta-s-3a-mh~~b~ba- 587

treated va-ito were confima-edin ~ao1s,other Tha-is will appear by time act of 22d of 1 79eLi. than timat of time county of Ph/lade/p/s-ia. Apt’s-i 1794. § 4- 5. and 6. by a-vhicls per- Ws-thout mentioning the a-via-ole of it, is- Sons- ps-a-nisIa-able byina-pria-oa-mment at la-a-rd is sufficient to say, timat time keepers of labour, for the- crimes of imight treason, - the gaol were a-a-us-itom’ized; is-a- ca-a-se the arson, na-s-pc, a-a-murderof a-ha-c second degree, convicts were idle, or refused to Is-s-Sour, forgery, as-md counterfeiting of gold as-md orwere gus-Ity ofa-nytrespass, to wis-hha-oid smh’er comn, pa-s-sing counterfeit s-soles of from time-rn s-s-li sua-temmaa-a-cc1 except bread sus-idry baa-a-ks, as-id s-ia-aba-a-, a-re exps--essiy as-id water, to put iron yo es round time-is- a-a-a-a-dc s-a-a-bjectto the- treats-a-sentprescribed a-s-ok:, cilas-a-s-s- s-upon tia-cir less, or otis-er-na-icc by a-a-a- act entitled mc an a-ct to reform the rca-traits- in moms-s such a-s should be is-a-car- penal la-a-va- of s-ia-is state,” or by the- pro- a-’a-gs-ble, or ia--reclaimable a-via-ha-os-st s-s-me-h va-a-ions of s-la-c said act of 22d- of April severity. Tis-is mode of treatment may 1794, a-vhicla- ma-made some alters-s-s-los-a-s in time amount to a ia-eavy pa-tnia-la-metit, andia-ia-as treatmea-stpm’es-cr’s-bed bythe-former; as-md - always- constituted pa-a-nt of time js-a-dga-nems-s- it is- i’ens-a-a-rkabhe, s-ia-as- in the 7th section against conviCts a-s-iso a-re-re- sa-a-bject to it. of s-ia-c act of 22d of April 1794, the ps-a-n. To avoid- pa--oiix’uty, the judges ia-ave. is-limes-it of voia-a-a-staryrnaa-msias-a-gimter, is, by generally us-ed this- mode of expression, hard labour, and soiitau’y ta-oimfinena-es-mt,bus- “s-la-at he s-isa-IL be- confined, fed, dna-the-ti no parties-sian tm’eatna-ent is prescribed, and ts’e-ated s-a-s is dire-cs-ed by las-a-’.” fs-’om wia-ence- I infer, that persons coma-vie-- Time-se- ca-re time cxpremmsios-ms is-a- the- pres-ent ted of that offence, were not intended to judgna-e-s-s-t, and that is- ta-s-e ens-or coma-a-- be liable to the same tre-atna-ca-a-t With a-ia-c pIa-a-ined of. Ha-s-via-a-g’ sIte-wa wia-at was offenders -me-a-a-s-lone-tiia-a- time 4th, 5th as-id - fcmrmei’ly time punisimmes-st of pem~jus-’y,let 6Um sections. But it la-as -bee-ncoma-tended, s-ms -see wla-atit a-low ia-. This a-nh be f’oua-iti that the words in s-ia-is- judgment, while-la in a-n a-ct ia-a-title-ti “a-ui act lbs -timepunish- re-la-ste to ta-a-c fee-mis-mg, clotha-s-s-g ia-a-a-d treat- na-emit ot’ perjury or s-ubornation of ia-e-a-’- ment, shall be rejected as s-urplusage; ja-u’y” passed 3d of’April1804. The- con- because, If time la-a-v directs no pas’ticular vict is made liable to afine, not exeecd- mama-a-a-er of feeding, he. that part of tia-~ ia-mg live- imus-a-ds-’ed dollars, imps-ia-os-a-me-ut judgna-ea-a-t ca-s-mis-ave a-mo ojmcration.—I cs-a-s-- at hard labour during as-my term not ex- not this-a-k so. These- words were cer- ceeding seven years, -dis-qa-ms-s-iification tainly is-is-ended to la-ave an operation, as-a-ti from holdis-ig any offices of hommoum’, trust a-s-ill perplex tite gaoler a-rho ha-a-a- Use cus- or profit, and fi’om being a legal a-via-ne-s-s tody of the ps-is-ca-a-er. To adjudge- tisat a in any matter of controversy., Time mass s-ia-all be- fed, clothed as-md treated, as- second section repeals -somuds of a-my tia-e law direots implies as-i ass-ertionthat former la-a-v as is timers-a-by a-lie-re-s-I or sup- time Law directs some- pa-a-s-ta-euler mode of plied. ‘Fhis -actwas certala-sly intended feeding, he. 4 ja-s-dgmes-a-t a-n a ca-anminal to define thus- complete punisba-mema-t of ease ma-s-st not be expressed in terms perjury, a-nd es-cry former is-a-is-, so far a-s which s-es-id to mis-load time persons by the a-a-s-me reins-ed to pua-sishmes-a-t, wa-ms -s-via-am itii to be executed. I am the-ne-- re xa-a-a-lcd. Now we see tis-at notimia-mg ‘a-s fore of opis-a-ioma-, that tue judgma-a-ema-t of the ~a-ud1 is-s time act of the s-nas-s-erin wis-mcla Gout’s- of Quat’te~Sessions- was- era--one- coma-vie-s-s wet’s-a- to be- treated, during the-Is-’. ous. imprisons-a-a-cs-it. Time question times-a- ma-a- a-. Ycates-, 1.—The prese-ma-t a-vra-t of en-Or Ia-ad the-courts right to direct the mama-- ha-s-s been argued a-via-ia- simmga-mla-is -se-s-a-Ian/I - a-s-er b Tiscy certainly isa-md not, a-a-ma-less- a-is-a-s ingema-uity. 1 deem it superfluous to con. - is-ct can be connected withUse- former act, aider all time different eyce-ptioa-a-s a-vh’sch a- s-oca-s to retain tlsat part - of the foa-’mem’, have bees-a- ta-Ice-n to time-proceedings-; but which prescribe-s time - manner of ta-ca-s-- - is-is la-igia-ly ia-important to the peace- and na-cut. If the mama-ncr of ts-ea-tmes-it is g good order of s-lie- comfa-munsty, that tia-e substas-a-tiai part of Us-c punisimnient, and if opinion ofthis court should be ks-a-na-rn as every tlsis-a-gin lbs-men laws-, ii~fts-ctiis-gp~s-n-to time legitia-a-us-te jurisdictionof time courts ishr,s-c-nt, was- re-pea-lcd, s-is-is- eoa-a-a-s-ccta-on of a-a-enenal Quarter Sessions of time peace cannotbe s-upported. But besides a-i wa-U a-a-md. ga-ni d~iiveryof’s-his s-ta-te-. appear, that Use .‘i8tis section of tue a-ct It Ia-as been strenuously contended, of 5th of April 1790, a-vs-ms coma-fines-I to times- the powers- oftime- sea-s-los-a-s here, are - persons- a-ens-ens-a-ed to hard labour, under time- ~ana-eas in England; s-ha-at times-n an- the provisions of-i/s-at act. Time cs-s-pres- timority is de-a-’ived from tla-e coma-ia-ms-a-son of s-ions -arc‘°the- male-factors- sentenced to s-lie jus-ticesfoua-sde-d on time statute of 34 ia-a-rd labour as qforesaid;“—that is to say, Edw. 3, a-a-. 1, and that the- words- of a-he a-ia-a-tier the provisions -is-a-that act, for the s-tatute-la-ave received aha-sos-vu a-os-is-true-- pus-a-is-Ia-ma-me-nt of time se-vera-i offence-a- s-ion. 2 Hawk, c. 8. ~18—4 .Black. coin. time-rein me-a-a-tics-a-ed. IIa-now of a-so ia-a-a-,, by 271. Noindictment lies beforejustices which persoa-a-s, in general, who are- sea-a-- of time pea-ce for forges’y,or for pem~jum’yat lea-iced to imprisons-ne-nt at lmaa-’d labour, cons-moa-a- law; but pemjs-mry oa-s the-statute a-re made liableto any particular treat- df5 EIIz. is indictable- in time s-es-smos-a-S, ment. On time- conts’s-sa-’y, s-la-c mode of because it is s-o directed by tue s-a-a-a-- ~ria-aemea-mtis ps’esca-”s-bed ia-i thea- several a-metS s-us-c. 1 &xlk. 406. an ladle-ta-ne-mit for per. by which the- puma-is-hines-ut is dire-ted. ,jory at the -Qua-na-te-n Se-s-a-lemma-, at coma-a-a-On / 588

Sups-erneCourt. Time law as well as aims -- - ~790, law, a-va-s quashed for wa-a-it of jurisdic- present cons-titsmtloa-a-,clearly ha-a-cl in vie-a-v ~ s-ion, 2 Stra. 1088. - - I s-a-rnfully sa-a-tisfIed,tla-attha-ejuris-dictioa-s the powers cite-a--cIa-ed by s-s-me-is official of the s-cssions is solely fous-s-ded on our chat-s-meters-- in the- kingdom of England, a- owa-t acts of asse-mhjv; and time-re-fore I concea-’s-a-ing’ which as-i aecuu’ate knoa-vicdge sisail exana-’ms-a-e those lairs a-s far back as I ca-s-a- be ohtaia-med fi’oa-a-a- s-ha-c Ems-gus-ia- books a- have a-mate-mis-a-Is in ma-my power. bus- time limits of jua--’a-sdictioa-a- of time Sn- The establishing of all courts -of’jusdi- ps-eme Cos-s-rt as-sd Quarter Sesa-iomss- s-a-re cature uris-la-in time gave-s-ia-me-nt. was precisely ds’aws-a-. The sessions ia-ave s-% grs-s-nted to the first proprietary, by time concurrent jusia-diction w’a-tls s-la-c Supreme ravel cia-n-s-er. (See Appendix.) An act Court as- to all ctia-sa-ea- cogma-izahie befom-e fbi- is-tublisis-ing courts -of’judlcatua-’e a-s-as time-rn, except a-s to ca-pita-I ofl’ences-, or passed, 13 Willicnn~.2. is-s 1701. (cimap. felonies of deaths-. Perjus-’y was- an odes-me-e 106. in i’epe-aied las-vs of 1701. vol. 1, p. s-lot capital, a-nd of cours-e,ts-is-s-ble ia-a- tls-~ xi.) a-s-Ide-h s-a-_as re-pea-a-led b time queen in sessions.—’I’hca--e is no ambiguity in the iouncil, 7t1a- of ye-b. 1705.7(if- p. in’s-i.)— words- of’s-he act. - Another a-a-cs-was- made, 9tis ama-n. in 1710. - We are told, that js-a-stices of’s-is-c pence (if. p. xiii,) which a-va-a-s also repealed a-ma- isa- Es-s-gland, notwitis-s-taa-a-ding tise gene-u’s-/I couma-cil, 20th of ~Feh.1713, (if. p. lviii,)— expi’e-sa-ions of stat. 34 lids-v. 3. c. 1. sel- An - act for establishing the Courts of dom, if’ever try as-my greater offence- s-ha-a-it Ge-ma-era-i Qua-as--a-er Sessioa-ss s-va-s made 28t1a- small felos-a-ies within time be-s-s-edt of’clergy; May 1715. (ib. c. 202. p. xiv.) a-ride-is- a-vas and that thiey ha-a-ne- no js-srisdlctios-a- in - repealed by the- lords justices 21st July, cases- of faa-ge-ny or perjury at commoma- 1719, with ta-no other acts fir es-ta-s-bhisia-iimg law, according to time a-na-s-Ia-amities cited. Coors-s of Common Ples-a-s, and a- Supreme, Be it so—The lawis- so sets-he-d by ju- or Provincial Cos-irt of La-a-a-v s-a-nd Eqs-a-sty. dicialdecisions, But in Pennsylvania the (ib. p.Ivii’i)—An s-a-ct for thebetter recove- act of assembly ia-as- receive-cl is- differs-a-s-st ry of’ fines as-sd firfeitum-es- due- 1o time go- construction, a-imd~t1melaw is settled otha-es-- ‘vera-a-os’ as-id gos-erna--sa-emss- of’ this- province, wise. It has bce-s-a- s-he uniforma-a- ps-’actje-e was ps-a-s-sod 28tha- of May, 1715, (if. c. 206. Sis-a-ce time pass-ia-mg of’time act, to prosecute p. ,dv.) whichdirected, times- a-il fines be-. fom’ge-ry ma-a-a-/I pea-jury eitha-ea-’ in a-lie a-es-, set in the Supreme Court, or in aa-a-y of sins-is-, or court of Oper as-sd Terminer, at. time Courts at’ Commas-a- Pleas, Courts- of the election of ~ia-epersoa-a- who conducts- Ge,s-eral Qa-s-arter Sessions of’thepeace as-md the prosecutions-; a-ma-s/I a-a-a-ta-micros-ms judge gaol delivery, or be-fire the s-p~cia-a-hcourts me-s-its for thoseoffence-s -is-a-ne-be-ca- ren- of Ojer as-md Terminer, sla-ahl be estreated deredis-s s-Ia-c sessions, The practical ex- into s-lie Supreme Comma-. Timis act con- position of a hew during a period of tinue-tiin force, until ‘itwas repealed by a emghty.seven yea-ms-a, a-vats-id haa-’c a -s-floss- law passed lBs-Is- Ms-s--cia-, 1780. (ib, c. powcrf’ul effect, if’ ea-’ea-m time a-vom’ds of it 888. p. us-.) The ms-ct for establishing a-ye-me dubious, whIch I fls-’mniy de-a-a-y to be cos-a-a-’ts- of judicature-, pass-ed22/I of May time case bcre-,—I la-s-a-a-c -s-so chotsbt, a-ia-crc- 1722. (VOl. 1. p. 131.)—Tlme second s-cc’ fore, of time poa-ver of the- Qa-martea-’ Se-i- lbs-a- erects ~- Cams-s--i of General Qms-s-a-s--ter a-sos-ma- totm-y time ps-ems-emit is-a-die-s-na-ca-st. Sessions- of the peace and gaol deli-very, Exceptions ia-ave bees-a- s-s-ike-s-i to time ~vhielmshall be ia-olde-a-s fourtimes is-a- eves-y ,judgrnes-is- given s-a-pan the ia-s-dietmemmt, is-a-- yeas-ines-cia- county; amid, by sect. 3. ths-e- as-much ms-s the prisoner wa-us ss-ema-te-s-a-ced to ,justices time-re-ofsims-a-Li hold time same court undes’go s-tn is-imprisonment at Is-ard labour s-s-~corclia-a-gto lair, a-a-id ac fully and offsa- ma- Use gaol of Ba--ri’s ccas-a-mty, as-id clus--is-i; fe-ally as ‘s-flyjustices- t~i-Is-c peace, js-s-atices tlsat ta-a-ne be confima-s-a-d, fe-s-I, claus-fed s-s-n çf time aa-’üa-a--,justices of’ Os-er as-md ‘J’mr,ni- treated as time- law dis-’ecta-. It is admitted a-a-er, or of gaol delivery, a-may or ca-a-a-- do. s-la-at the os-he-s--pam’s-aof tla-e s-ea-a-tence we-a-c The 4th section d~a--ectsthea-ma- to certify cos-a-foa-’rnable to time a-ct for time pus-a-isis-- the-jr recogs-s-i~ancesto the ma-ext sessions. a-ia-e-nt ot perjury, or a-ubos--ns-a-tioua- of lies-- Ba-ut evca-’y i’eco~nizance-fos-’ ssa-s-picionr.of jury, passed on- s-ia-c 3d of Apa-’il 11304-,— a-a-ny ms-mis-a-em’ at’ felony s-mat -triable ba-fia-re - During time- a-a-gus-a-me-nt it was ta-a-ken for ~ls-crn,s-hallbe ces--tifird beds-a-’ejustices- of gras-s-ted, s-ha-at tls-e adjective hard was not i~ha-eSus-pa-’~meCaa-.s-m’s- ot Oyer as-md. Tera-a-sis-a-er. to be found in tla-~act, a-nd so it appear- Time 18th see-times gia-’es nosy extensive ed frona- vol. 7th of JJiores-s-’s- edition, p. poa-vers to the judge-s of thu Supi-ema-se’ 398. ]lmtt time 6tis vol. of Eaila--y’~edition Coia-rs-, a-s-a-s-a-h is-is-a- declared by section 19. (Pampha-ies-.La-mws.) p. 513. inset’s-s s-ia-at that a-IL capital oflia-a-sces os’ felonies of wom’d. I regret s-lint - a-ucla- a vs-a-a--lance des-a-s-la-, a-Is-a-s-il he cma-r~s-a-imva-ctof, Is-card and s-ia-na-s-id es-s-mit in s-ha-is- ciilferema-t eclitioma-s of des-:ca-rs-a--s-ja-a-c.3,beibm-s-i the same js-mdges. Is- our Jaws, a-s is- mis-my Is-a-s-ui to very serious is cs-ma-ct~-c]timers is-a- ca-i’s--ca-a- tem’~a-a-s,ta-a-as-time- conseqla-ma-s-a-ccis-. I fos-tnd myselftheme-fore, - Count~c~tes-a-ja-e-rs-h cia-va-ste-s -a-a-s-ionsofthe uncles -timene-eta-a-is-jr of exa-mmis-a-ing Um~ -pea-a-ce ama-/I gad s-lc-hiu-em-y, ~ha-shiposse-as s-hi or~gs-ncs-Iis-s-sr is-i s-lie sccl’etaa-’y’s office, a-isa-I time pos-’c-c4 .f ,js-s-a-a-ices of the s-a-.sa-a-ize, of fs-~unds-h-s-as- the tes-s-a-a-s hard Ics-boa-sr a-va-a-me ia-- Os-cr s-ms-sd ‘1 ‘cra-,s-is-mcr s-a-nd ps-a-al delivery, cia-s-dc/I times-cia-a-, Time first gm-otis-a-cl. of cx- but s-a-s to cs-mpital offence-a-a-, or fe-los-a-lea- of ce-ps-mon. is thiei’cfore remove-cl, but tue lass- d~a-stb,time ~jus-msds-cts-os-s5 cQs-mfs-nma-d to s-lie s-e-s-ia-s-insin full force, It less-bee-ma- said. os-a- ~89

the part of the coma-a-a-os-a-wealth, tha-at the tea-ce, the ima-sertioms of them, the-re-ia-a-s-iis-tu 1 P9o. a-ce-andsection ofthis a-cs-s-e-peals-so ma-ce-h m’aily leads- to an undue severity ama- the only of any foi’rnem’ law s-a-s is tha-ei’eby a-i- part ofthe ga-ales’, as-md tends- to mislead, tes-e-a-1or a-upplied, and consequently the a-a- ministerial officer in the discharge of provisions in Use close- of the4th section Ia-a-s duty in a pois-a-t which ought to be of the law ofStha- Apa-’ii 1790 (in the text) free from a-li ambiguity. I a-nm timeref’os-c s-a-s to c.-mnJIning,fieding, clothing as-id treat- of opus-ion that time- js-s-dg-me-nt of s-lie Ses- ing a convict as the hs-w dirs--cts-, re-ma-s-is-i in sions a-la-os-si/I be re-versed. full force, it is coma-tea-ide-mi ta-a-at time ,lirackenridgc J. concurred, its-id added, pus-a-ia-la-me-nt of pem’jua-’y os -s-uborns-a-tioa-iof that the qua-a--s-er session, ls-avejurisdictios-a- pemJuiv is me-rely ccs-niulath’e; but ifs-he of all offence-s s-s-os- capitul, a-s-md a-ny es-s-a-a of’ court s-la-auid be of a diffes-e-s-s-t opinion, s-/s-a- in, without the pa-esident of time dis~ thosewords is-s time judgment, am’e use-rely tries-, may try sue-Is offence-s as arc not sta-perfinoits, and is-ms-pose, at all events a-so capital. Yet s-here is gre-a-a-s -me-s-a-a-os-a-a-vlmj’a- is-s-a-rd-ship on time prisoner which is not is-a- tla-e abs-es-ice- of Us-e presides-s-a-, titey a-vs-mm’s--as-a-ted by hair, To this it may be ala-os-il/I be cos-a-fia-a-ed to s,misdeumea-nors, justly ama-a-we-s-ed, a-ia-at odious as the cs-ma-c But tia-is na-ta-st be by a-ms a-ct of the irgima-- of pea-jury is, as-sd injurious -s-msit na-a~’be lature-. And the m’easomm, I take it, why it ta Use ia-item’ests of society, s-ia-cpuma-ia-lime-nt has na-it ia-es-etofbs-e- attracted the as-tea-a-tiara- prescs-’ibecl by tue leg-ia-hats-s-re is a-ta-tile-sea-mt. of s-lie courts or of s-ia-c country, la-as bce-n, Iy severe witlsoutrecus’ringto force-/I con- tha-a-mt seldom has the Court at’ Quartcr~ £truction :—a-m flee- s-ia-mt exccediia-g’ S500.—.- Sessions, ia-a- the- aba-es-a-ce of Use president, imprisnnns-ea-a-t at ha-i’d la-boa-is-, doria-mg any proceeded to the U-is-a-i-of ms-s-a-y thing aho~e’ term s-sot cite-ce-a-Us-mg s-even ye-s-mrma-,—dis- a misdemesnor, as-md I s-a-s-a-jr s-s-my, m~e1dom quahilhcs-s-tioa-i fm-os-n Ia-aiding any office - of eve-a-a- this, a-a-’ithout the pm’esides-it, a-rho a-va-s ia-osa-os-sm’, s-a-’ust or profit, an/I disabilIty as i’are-ly abses-st, s-a-a-re- is-i ‘tls-is district, f’s-ca-a-a-— s-c witness, are s-es-s-as-cs evils, mulch would extraordinary is-mclIspos-’mtion. des-em’ a-ny na-anflj~a-sa-the ccjmna-issios-i of an Judgmea-mtof time Cons’s- of Qua-s-s-cs -Se-a-- ofl’ence, who ca-a-a- be rests-a-la-ed. by the sins-s-s rca-’ers-ed. - - pass-jams of fe-s-a-s-—If time legislature ia-ad. intended to ha-ave gone further time-v a-rota-Id BREAI-~ERSOP PIUSON—ESCAPE. la-ave s-s-mid so in express terms a- ‘rhey By time act of 2718, § 18, he or thej’ ma-cern to la-ate ma-made Use-se pros-samoa-a-s as- a wls-o shall Is-appema- to ba--es-a-k prison, shall cpa-is-pica-c sa-s-bs-tita-ite foi’ the formem’ puma-- not haa-’e ,judgnment of life- or ia-me-mba-s-c’ for- ma-ia-na-ca-mt presea-’ibed. by las-v. hmeakmg ofps-ia-os-i na-sly; except thees-s-usc The a-voids ca-s-s-a-not be deemed s-a-a-per- for s-s-’isie-ls la-cs- or they wea-’e take-a-a- and im- - flnota-s. ‘L’ia-ey la-ave adefinitive- na-caning ps-ia-os-a-ed did require su-ia- judgma-a-ea-a-t, ia-ad. is-s-the a-ct of 5tl~of April 1790, § 28. us he bee-ia- convicta-a-ce-os-ding to Is-mw. Vol. 1, 10 na-s-a-he-the-tom’s -sentenced to la-a-rd labour p. 117. is-a- the severs-s-i cous-s-ties- of s-ia-is state, os-is-er Bra-s-s-me-la- ofpr’msoa-s, by Ila-c ofl’es-a-dea-’ Is-ia-n- tia-s-s-s-s s-is-a-a- county of Pla-iIs-s-deIpla-ia-s-. All self, a-via-en eoa-a-a-nmitted tom’ as-a-jr ca-a-us-se, s-va-s-s powerof self gave-s-me-s-mt is- ta-a-ken fm-os-n felony s-ut cona-is-s-os-a- Jaw; 01’ ca-a-’es-a- ca-ma-s-spit’— times-ia- ; as-a-cl ia-a- case tlmey sims-s-il m’efa-s-sc to is-mg to break it. Our act, a-rhjela- s-ma-iligs-a-tcd la-boa-us-’, a-a-me idle, or a-s.c guilty of anyti-es- - this severity, folhos-s-’cd the s-ts-a-ta-a-ce, of la-a-a-a-, all aa-satenaa-mcc, except bread as-md 1 Eda-v, 2. ds- ,fa--as-s-gentibus prkonam. As-ia-I - water a-a-a-icy be tritla-ba-eld fa-’oa-n time-rn ; isa-a-n to break pm-lion (s-rise-Use-nit be the county yokes a-a--may be put aroua-a-d time-is -necks, gaol, or otis-er imsual place of security) elsa-is-a-s upon the-is- leg, or legs, ta-c. In wise-mm lawfully cos-ihis-med upon mu!a-y is-s-fe-i’ios- tis-e- 4t1s-, SUm, 6th as-sd lOs-Is see-s-los-a-a- of s-ia-e chas’ge-, is -s-tillpuma-isis-able by s-ia-c lingua-s-h - ms-ct of’ 22/I of April 1794, (ante.) we fia-sd law, as a-c Isight ia-a-isdes-nesnos-’, by, mis-ic as-itm superadded to the pua-a-islms-a-sema-t at hard is-a-a-ps--isonrnes-t. For time a-ct -s-vlmhs-bords-s-is- a- labos-a-r cs-f time severs-s-i offia-s-a-ders- times-cia-a- tha-s-t a-s-se-is offence shs-s-ll be-s-so los-a-ges-’ caps--- - s-a-pccified, ha-at tla-ey sims-a-li he la-epa-, s-re-s-s-ted tal, a-eve-s-me-as-a-s-to cite-na-pt it a-s-rs-ts-a-’c1yfi’as-~a- s-md des-It with in s-la-c mama-a-a-er prescribed every degree ofps-a-s-a-ia-ba-a-a-es-it, a-es-a- 4 13/ad. by s-lie s-s-ct of 5s-lm of April 1790; ba-mt is-s Corn. 130; as-md s-s-iso of’ ca-es-a-pa-a-s after as-s the- Ytls sectios-m, it is- declare-cl, s-ia-at oia-e ari-es-a-, ib. eos-ia-’is-s-ted of a-a- second maa-msla-a-uglmter s-ia-all TIs-is- offc~nce,before- comm’s-ca-iota-, doe-s- a-ma-mdem’go a-mi is-s-a-prisoia-ma-a-es-is- at ia-ma-rd labos-a--p not appear to be otia-era-vise s-mite-t’ed by a-a-my - fos’ s-s-ny Us-ne s-a-os -k-s-ss-la-a-n six, nor na-ore act of’ assembly. 11ta-t afres- coma-ymca-a-as-b it - lisa-a-n f’s-suite-ca-i yea-s-s’s. Ta-va concipsios-ms wa-s tobe ps-tnisia-ed by additional ha-a-rd In- - Is-a-s-s-jr be- fia-ii’ly dc/Is-iced lma-s-i’etI’om; one, hour, as-sd corpoa-’al puma-ia-ia-me-na-by the- 32/I that wija--re It was- a-s-cs-ta-ms -toinflict s-la-is - section of the a-es-in s-lie text. Aim/I by time na-ode of’ tros-strs-a-cis-t, it a-a- so exps-’es-sed a-a- l3Us- section of time s-a-ct of 22/I ofApril, pis-s-ia- ters-ils; a-nd is-s the see-os-a-ti place, 1794, if a-ny person s-es-a-te-a-i~edto has-ct la-- s-limit tls-ca-~a-s-a-sor/Is os-a-ivy with times-n a pt-C- hour and solitary continernent, shall cs-a-- e-ia-C as-sd dja-tja-a-e-t meania-s-g. If time ex- ca-la-c, 01’ be-pa-ms-a-los-a-ed, a-ia-ida’ter ha-s es-cape press’s-os-ms of a-Ia-c act. do s-sot hma-s-periots-sIy or pardos-m shall be guilty of as-my s-uchof- des-a-a-as-sd, Os-at s-la-c coq/lni;s-g,fecding, cloth- fence a-a os-i time l5tim of Sept 1786, was- ing as-md treating the prisoner as- the is-ma-v capital, or afe-los-a-v of mica-tim a-a-’a-thout bea-me~ JIa-’ce-ta-., cIa-os-s-I/I be na-a-dc part ca-f a-la-c sea-a-- - fit ofclea-’gy,sucla- persos-a- a-1a-s-s-h1besentenPe~ - -tO undergo s-s-is- iua-prisonnius-a-t for the s-e-s-nm The description ofthese- offea-a-ces a-a-ce~ ~ ofta-venty-fla-’eye-am’s, an/Is-is-all be confine-/I a-os-be i’epea-tedhe-re;time-jr ca-a-a-s-s-atbe coma-a-- - in time s-alitam’y cells-, at the discretion of mis-ted by fe-a-yes- tla-aa-a- three persons. Amid time is-is-pee-Lola-. - therefore, whes-’e- s-eves-al were- is-s-d~ctedof So, rescue-, is time forcibly and. ksioa-v- aa-s-lot, a-s-a-/I twa os-sly we-re- found gua-a-lty, the ingly free-ia-mg as-a-os-la-er mis-os-n s-mn a-s-res-tor judgment s-va-s-s s-u’rested. Ba-it itwas-mid ha-a-va-a- imps-s-ia-os-a-me-s-a-a-, au/I is ge-ma-es-ally time saws-c ‘beea- otherwise, it is -said,if they ha-/Ibeen ofte-nce in Use sts’anges- so s-es-cuing, as it ia-wile-ted, thatthey, ‘s-a-it/s-ps-any others, cos-n- would la-ave bees-a-is-a- a ga-ole-v to have- ‘a-a-a- mis-ted a riot. - 1 Ld. 1?a-myns. 4134. 1 &ra. luus-tarily pea-volta-eda-n escape. A i’escuue, 196. And a-a-’Is-es’e s-i.e were indicted for, a - therefore, of’ os-se appreha-esided for felos-a-y, riot, two a-re-re convicted, trio a-re-re acqus-t- is felony; for ts’e-s-msoa-i, treason; and for a ted, a-nd two la-ad died before is-ia-s-i. The ia-is-denies-nor, a mis-demeanor also, But -court refused a-c, s-s-s-rest the juilgmea-mt, for imere like-a-vise-, as a-a-pan voiuntaa-’y escapes, the- jury has--bigfous-a-d ta-s-mo guilty of a riot, the prinuipal must fia-’st be a-a-tainted, or it must la-ave bees-i toget]a-a-sr s-via-la- time tw~ receive-judgment, before use- rescuer ca-a-a- that a-re-re- us-a-ts’ied. 3 fits-rn. 1264. Ifa s-a-um- be punis-hed. See 4 Black. Coin. 129— ber ofpeople ass-emblctogether, is-a- a law- 130—1, - fa-mi mama-ncr, and upon a lawful oec~sa-on, BLASPHEMY. and during the assembly a ss-mddcs-a- afTis-s-s-y This offence- is punished, on cons-tics-ion, happes-a-,this will s-a-atms-a-ire is- as-ios-oh ins-Cia, by a mis-a-c often pounds, los -times-s-se- of a-lie but only a commas-s affs-’ay. Ba-it ifa nuns- poor, as-md this-ce months imps-iaonmens- at her of people as-semble-in s-a- riotous- mama-- - ham-/I la-boos-’, for tlm~us-eofthe poor. Vol. s-a-er to do a-s-n us-a-lawful a-ct, aia-/I a person i. p. 6—7, As-md. by act of 21st i~Iarcla-, s-vho wa-s upon the place before, ms-pan is- ]806, the fine a-a-may b~as-my sum a-a-os -more lawful occasion; a-na-I not privy to time-is- than ten pounds. mis-st des-ign, joins the-rn, lie- will beguilty - BARRAT1IY. ofariot equallywis-hthe rest. 2 Is-d. Rcs-yrn. This common law offence is -pumsishable 965, by discretionary mis-se as-sd imprisonme-a-mt, ~frays, are-the fightimig of twoor a-more by force of the statute- of 34Edw. 3. c. 1. pers-ons- in some publie place-, to the- ter- Vol. i.p.6. ror ofthe people-; for if thefighting be 1mm BIGAM~ -private, it is no affray, bus- a-rn assault.—. This offence- is-puma-isimedby ba-a-prison- .,~fraysma-maybe suppressed by any private a-ne-nt as-la-ar/I la-bout’ for as-my term not ex- person ps-es-es-a-f, who - is -jus-tifiablein en- ceeding ta-va yeas’s-, by Use- 4thm section of deavouring to partUme combatants, wla-at- - tia-e act isa- the te~ct. See -vol. 1, p. 29—30. eve-s -consequence-may ensue. But more especially time coma-a-table, or otis-er similar FORNICATION AND BASTAROY— officer, however denonm’mns-s-ted,is boa-ma-sd to ADULTERY—INCEST. - keep s-he peace; as-sd to a-Is-at pus--pose may Incestuous farnie-s-a-tIoms andadss-lte-a-’y, be- bs-e-ak open doorsto sa-sppress- an a~l’ray,or sides- the usa-a-as -pus-a-ia-la-me-mit,a-va-s subject appre-lmea-s-d time a-flu’s-ye-s-a; as-md may carry toa fine of onethird pa-vt of the o-{h’esa-der’s the-rn beforea justice, or imps-is-os-s time-s-n cstate.—Vol. i. p. 26. Sins-pie fom-nicatiama-, by his -ownauthoritylos -a-.convenient time, to aline ma-os -ens-s-cedingten pounds-. Ada-mi- till the- Ia-ca-a-is over, Time pus-mis-ha-a-a-es-a-s-is tory, to s-i fine not. exceeding fifty pous-s-da, also fine-ama-ct imprisoa-mia-ient; the me-s-a-s-ta-re an/I impris-onmentfar a tins-c a-os-he-s-a- than of wia-icIs mus-tbe regulate-/I by the cir- three, a-a-cs-s -moreala-as-a- twelve- mos-a-tha-a. See cumstances of time- ca-se-; for wha-a-a-re the-re vot’ i. p. 27. a-na-I the act of 21st MarcIa-, ‘s-a-a- any material aggravation, Use punish- 1806. ment proportiona-bly inca-’eas-es: as in s-ia-c FOUQUILE ENTRY. ease of’ deliberate duelling; but a-a-ith re- Forcible La-try, or Be-talms-er, is, violently s-pectto this aggravated s-pecie-sofaffi’ay, ta-king os-keeping posses-s-ion of ia-a-/Is as-id see the act to i’ess-rain thehorrid practice tenements, with me-nace~,force- and arms, of’dueilis-a-gin this notc~Sec 413lack. Coin, as-sd -without the authority of law. Se-c 145. vol. i. p. 1. Obieructing time- ea-a-’ecution of lawful pro- Rena-os-a-lag Le-ad JWisrks—Cutths-g- Tim- - cess, is an offence against public justice; her Trees (unlawfully) on aa-mothser’s las-a-cl, andis at a-il times- an offence-of a-veryhigh declared to bepunisls-able in the Quarter a-nd pm’esumps-uoua flats-a-re-; but more pa-s-i’. Sessmos-a-s, by act of tIme 20th of MarcIa-, tieularly so, wla-cn it is- s-s-n obs-tructionof 1810. Seevol.1. p. 4—20. an am’s-ca-s -upon criminal pu’ocess-; and st ia-as been Isolde-ia-, that the party oppossa-a-g IUOTS—ROUTS-.-—UNLAWFTJL AS- a-s-me-h a-i-rest becomes- time-re-by particept - SliMBLJES—&FFRAYS. cz’inzi,s-is. Se-el lie-s-ub.(folio) 121. See s-lie3 a-cs- against Riots- a-a-a-/I Rioters, vol.i. p. 0. and s-is-c a-sos-es thereto; an/I ASSAULT AND BATTliRY-.-FALSE time statute of 34- Edw. 3. c. 1. in thea-mote IMPRISONMENT, to chap. 41. vol. i. p.6. In a public light, a-s-s -a breach of s-he Thepunssla-nme-ust for these offence-s is peace, assault a-nd batteryis indictable-; discretionary mimic s-ms-sd imps--ms-onus-cut, s-s-c- a-a-sd punishablea-v’mthmimic am’ imprisonment, cs-a-s-ding to s-lie bws QfEngland. as-both; or with os-la-er ignominious penal. ~91

tMs-m, when comsa-mits-ed with any veryatro- gao/I behavio~s-,see-vol. 1.p. .~.—4.Black. 1790., cious des-ign, as as-a- assault with intent to Corn. 251. comna-mUt ma-a-a-des-’, s-a-s-pc, &c. As in Us-cs-c CONSPIRACY. aggravated assauhs-s, judgment of time p11- By 33 Edw. 1. Stat. 2. Is-is dee-is-ms-ed, lory might formerly la-ave bee-n gives-a-; so “ Conspirators- be they s-hat do confeder s-mow they may he punished by ina-ps-’isom-a-- or bind ala-ems-elves by oath, coves-a-s-s-ms-t, cur ia-me-nt at Is-ar/I labour, -by the 4th section other a-lila-a-s-ce, tlis-a-t eve-my- cs-f them a-is-all ofs-lie act ins-he-text, and the act of4tls of a-id a-s-md be-s-s-a-’ the other fs-s-is-iy as-idia-a-s-s-lies-l- April, 1807. - os-s-sly to isa-dia-e, or cause- to s-a-s-cite-; [2] or As-s as-saultis an attempt, or offer, by faislyto move- or ms-ia-s-ta-in pleas; (3) and force or violence, to do a- corpora-s-I hurt to a-iso s-ucla- as -causecls-ildrea-m a-via-la-in a-ge to a-a-mother. A buttery, a-via-ida- a-s-lws-s-ys in- appeal me-s-s of feiony, wlmea-’eby ths-ey as’e cludes- an assault, is the a-es-a-sal doing ama- ia-a-ps-ia-one-cl, a-s-a-/I sore grieved; (4) and ia-a-jury, ba-a- it ever sos-s-ia-a-Il, is-s a-s-a-a- angry or such a-s re-taut s-ia-en ia-a- time cotta-s-a-my with z’e-vema-gef’ul, as’ rude or insolent na-as-a-ncr; liveries or fees- fos -tos-ms-ais-ia-aimi the-it’ na-a-. as by spitting in is-is -face,pa-’ -violea-stiyjts-a-t- he-ions -ea-item’pi-is-es;a-rd this ens-ca-a-des-h as- hing Is-ins outoftheway: or strikinga- horse- a-veil to the- takers, as the givers-.” s)n s-a--ide-It os-a-c rides, whereby is-c is- ths-m’ows-a- A cons-piracy to is-idiot s-a-n innocent na-as-i (see 1 .4lid. 24.—i ,Icas-e.s-444.)05’, wanton- of fe-los-a-)’, falsely and ia-salle-bus-hy,a-vito is ly dois-ig an act, by a-vhiicla- a-s-a-other is hurt, accordingly acquitted, is an abuse- as-md s-ms pua-la-ia-s-g a drsa-a-ikea-a- a-man upon another, pe-rvers-ianof public jus-tice,as-idis ja-ichict. ,Ths-ller 16. - able. - Tins pismms-slss-a-me-a-a-t is by fine- as-a-cl ins- The plea mustbe not guilty, a-nd what- ps-boa-a-me-s-mt—s-a-s-md the pillory la-a-via-ig been ever will justif~~’,as se-It’ defence-, or a-on los--me-s-ly part of the punishs-na-e-nt—Tlsis-a- as-sault,he. maybe given ia-s evidence. offence a-say be now pus-mis-la-ed us-mder time So, fs-a-J~seimp is-pa-me-nt is -iia-dicta-ble—4th s-ectionof time s-met ha-the-text, and s-la-a-a- The- law punishes time- breach ofthe pea-ce, act of 4th of April, 1807. There- must ‘the loss while-h the s-tatesustains by time- be s-mt least two to form a cams-ipis--acy.--—- confinementof as-s-c of its- ia-members, a-na-cl 4 Black, Corn. 136. - the imsfs-’ingemes-mt of the goodos-’der of so- Unlawful combinations s-ms-c also ks-iowa-a-. ciety. For s-la-es-c ca-s-a- be no doubt, but at time cosna-noa-tlair, as -cons-pu-a-des.Tls-s-s-ua- that s-a-li cs-ia-a-a-es of a public a-a-atisre, all dis- severs-cl jos-u’neymes-a- tayiors were indicted. ta-ms-ba-ms-a-ce-s of tIa-e peace, all nppres-s-ioma-s, Los- s-a- cons-piracy among times-a-selves, to -- as-id os-ha-er na-is-tie-mess-mrs -whatever, of a raise time-is -wa-ges~‘Fia-is -was lucid ta-a -be- noa-os-ioa-a-sly evil example, a-nay be indicted as-a- offence at conma-a-moia- iaa-v, for -time cons-a-ôi- at s-he- sums- of time commas-a-we-a-ha-h, See racy is illegal, wIse-tImer time- a-matter be-la-s-w~ 4 Black. Corn. 218. - fa-sh os-s-a-at. 8 ,iLlid. 10.—And time s-amedoe- We la-ave sees-a-, isoa-ve-ve-r, that s-a- special ts-tha-e wa-s held in the joma-rneya-ma-es-s a-Ia-ac- provision ha-as- be-ca-s nsa-dc witis- respect to na-a-kes-’s -ca-ac,‘s-s-a- tIme Ma-s-a-’os-’s Casmi’t of’ the- cos-tsos-i pi’os-eeutmoma-s-s- of th’s-s s-ms-store, .Z-’Is-iladelp/s-ia, ls-y a very correct judge.— which is is-a- daily ps-s-a-s-ctice-.—As-a-d, a-a a-ss-a-ua-y Os-s-c only eana-s-ot be convicted of this complaimmts- a-s-re ds-s-ily nsa-dc for very siigis-t ca-’ima-s-__iee-a-a-’er s-ia-au two cannot cos-s-s-~irs-~., oil’ea-mccs-s, upon time sudden la-eat of resent- CHEAT. na-es-it, cspccia-dly s-s-s-a-song’ s-Is-a-i pool-er vhs-a-s- - Ohs-s-as-a- Is-a-dies-able at ca-s-ma-ma-a-a-an is-tsr, may, of citizens, wimo are lily able to beams- s-lie- is-a- genes-s-s-i, be rhes-eribid to be, deceitfUl es-s-pence-s of the- pros-ce-us-lois-, s-lie law hai prs-a-s-s-Uceua-, in cma-uieavouria-a-g to defs-’aud, or ls-us-a-a-as-a-ely (s-is-sd - is-s time editos”s -opia-a-ioia-,rk-i’a-’a-odis-sg another of hi-s -ba-ma-va-right, ~vis-e-ly)opened a door los’ s-cpea-mts-s-s-s-ee a-s-a-s-s-i -by s-ne-s-ins of some s-u’tfuI device; contra-try a-’e-cos-s-eihia-mtion, before they es-ms-cs- Ums-a- to time plais-m rules -ofcoma-ma-a-a-s-a-ma- hmoa-a-esty; alms-es-hold oftia-e court. By as-s act ps-ta-se/I s-is -bypI~3-ia-1gwith false dice-; os-by cans- 17th of Ms-a-me-Is-, 1806, (cs-ha-s-p. 2671.) a-a-my is-a-~’s-ia-a- illiterate a-na-mm to execute a Us-s-ed s-cs- ,jms-s-ticeof time- peace-, be-lbs-c whoa-ms s-s-coma-a-- his -ps-’c~1udice,by reading it over to hum is-i plaint as’ chai’ge a-ma-a-my be made Thi’ a-s-s-a- s-ta-- a-a-a-s-i’s-is different fis-oa-n Usa-s-s-a-c s-n a-vhs-elm it was- a-s-s-nit ama-d bs-s-ttes-’y, or Is-s-s -s-s-~sa-s-s-s1tonly, wi-its-a--s-a-; as’ by supprepsa-ng a. wa-il, he, cia-Ia-cs’ be-faa-c, or a-f’s-ct’ re-cogs-a-us-a-ne-c is P1mb ofl’ea-s-s-ie a-s -pa-s-s-ma-a-humble,generally, es-a-s-es-cd Los- the appears-s-a-a-ce of’ time defend- by mis-a-u a-a-ms-I imssprisos-a-ment, os-bymine- only, s-us-a-, s-nay,before- time next sessions, as-md Ia-c by tIme- discretion ofthe judges, wlmich ia-a- ia es-a-joined, at the- a-nuts-a-a-mi request of the re-ga-mis-is-ed by this-s cis-s-enma-taa-5e-e-s of ca-cit pam’ties, bya-a-gi’eement sigma-edby Use-rn a-s-u- pam-tie-uls-ir Ca-sc. But it ‘is ss-dd, cia-ca-tint’ us-ally, to diss-a-a-is-s time s-s-s-a-me, as-md s-a-ms-mke- s-a- with false dice, es-pee-is-s-flyifs-ha ofhbma-de-r s-cc-or/I time-re-of, for the fee of ta-yes-sty-five be a common game-s-tem’,a-a-s-ightbe- punish- ce-a-a-is; as-sd no fis-e sims-a-Il be demaa-sdcciof ed wis-his-sfamnouapus-s-isis-s-a-es-mt. See lHaia-s-k. the justice, by any officer of s-lie commas-a-- (folio) 187—8. Se-s-a -1J)allas- 47, - wealth, os-s ace-os-mt of settling a-ny s-ue-it BRIBERY. dis-puteor comp1’$ma-t.—Pra~a-ideds-lie jus- Bribery, Is- s-a-a-s offes-mee against pa-mbiki tice- sims-s-Il be fully s-atisfiedtha-t the s-ettle-- justice, an/I is, when a- judge oros-he-s-per-, ~sent of s-ucla- coia-mpia’ust or cis-a-rge- wa-U s-on conce-a-’a-a-e-d in s-tie s-a-.dnsia-mistration of a-os- ia-a-jute- s-ha-c safety ofthecitizens, os-time justice, takes -a-nywa-due re-wa-mr/I to is-a-flu- pace ofsociety. ence la-is- behaviour in Ia-is p111cc. This Of b1ndia-s-~tO s-lie peace, a-s-s-id s-ui’etyibs-- ~ytTenç~1~~pa-~ish~a-1,is-a- inferior ohlces, 2790. with la-s-se as-md impa-isonmea-it; a-nd in those ags-s-ia-a-st any of time jurors, that they Is-ave wis-o offer a bs--ibe, though not taken, the- taken of la-s-s adversary, or of ia-ins, for a-c) ç,,~J s-ame, See 4-Black. Corn, 139—40. See- give time-br verdict, he s-hallbe Imeard, as-id the case of the .k’Ing v. T’aug/s-cxn, which s-Ia-all la-ave his piais-mt b bill presently be-- was an attempt to corrupt a minister of fat-c the justice-s before7 whoa-a-s Umey did state, for time pus--pos-e of ps-cue-uris-mg an swear, a-nd a-la-at s-he jul-or be put to as-m- office-, 4 Bus-ri’. 2494. So an as-tempt to s-a-re-s -a-via-boutany delay; and if tis-ey cot’s-ups- as-md bribe the commissioner of plead to time country, time immquest s-la-a-il be- the- reves-mue of the Us-a-is-ed States-, witim a. ta-be-s-a- presently. As-a-/I ‘if a-a-my nsa-n os-ia-er lie-a-v to accomplish a contra-cs-, white-la- he titan the pai-tv, will sa-e- for the- king (tue Is-sd power to form, 2 Da(ls-s-s-,384., - coa-a-a-monwealtls) s-s-ga’s-ia-stthe juror, it a-is-s-ill In s-a- public offices-’, or a judge, this of- be- he-s-i’d a-a-s-md des-e-rmine-/I as- a-fore- is- s-aid, fence- is-a- impeachable-, s-ms-a- well a-s -indict- As-a-/I ifs-he juror be- as-ta’s-isa-ed a-ta-lie- 5uit of able, a-s-s-cl. may be pus-a-ia-la-eel, by removal other titan the patty, and inakeUa- fine,a-ha-c from ofhice, a-a-id disqualification. See-the paa--ty that sue-tim s-ha-a-li hma-ve la-a-if time his-s-c; Cons-s-a-itutios-a-. a-nd that the- pat-ties to the- plea a-la-a-U As- to bribery atelections-,see the- ge-ne- recover their damages by the s-s-sse-ssmea-st s-al election la.w of 15th of February; 1799, ca-f the- ia-a-quest; as-sd. s-ha-at s-hue juror so (cia-a-p. 2009,) - attainted have imprisonment for one -ye-ar, which ‘is-a-a-prisomma-a-s-eut s-lie kis-a-g ga--ante-s-la- EXTORTION. s-hat its-la-all not be pardoned for any fine. This-is-anabuse- ofpublicjus-tice,which Aa-d if the party will s-ueby Writ, before cons-istsis-a--any officer’s a-a-nia~fuI1ytaking, otherjus-tices-,he-s-la-a-Ula-ave s-he s-uits-s-sthe- by colourofla-is office-, from a-nyna-as-a-, a-ny form afores-aid, ESee thse form ofs-la-ms a-vs-is- a-ssos-mey, or timing of value, that is not due is-a -Beg. Bras. p. 188.] to his-sm, or more thus-a--i is- disc, or befoa-’e it 38 Ed~,s-,ard3. Stat. 1, c, 12. Ites-,s, as -to is- due, The punishment is fine and im- the article ofjus-as-s, in the- font’ as-id tlsir- prisona-nen~.See 4 J31a-s-cla-. Ooni. 141. tietha -ye-si’“is-is-a-s-sea-ted and joined to A judge, in Fcnna-ylvamuk, receives no time same, that a-I’ s-a-a-my jus-’or in a-s-a-size-i fe-es-, or perquis-ites, In a justice at’ the s-worn, a-n/I otheris-a-ques-ts-to be takes-s the peace, it a-vats-id be- a high na-isdemess-s-os-’, kia-a-g as-md party,or party as-md party, do a-ny fs-a-dafoa--hhita-a-reofla-ia- office,wim’s-cimla-cha-okhs timIng take by time-rn, or otiser oftime pat’ty only duris-a-g good beIs-a-vios-s-r. lit office-a plaintiff’ or defends-s-nt, to give their yes-- bel/I during pleasure, time - power of i’e-- die-a-, and hereof’ be- as-tainted by process- moval by time governor, would, no doubt, coma-ta-is-med is-m time s-as-ne article, be it s-st Us-c be ps-omnptly exes-’cised. As to extortion s-nit of s-la-c paa--tytim a-it will s-uefor himself of’Gaoler,86 8B~ilifl;orotis-er officer, s-ce vol. orfom’ the Iris-mg, or anyotis-er pers-on,every ‘a-. p.’ — . of the said 3a-u’om-s a-la-all pay ten times -as mis-cia- a-a- he has ta-a-la-en; a-nd he s-ha-mt will EMBRACERY, sue sims-a-Il la-ave time- one hail, a-a-id ths-e king’ Esnbracery is- an istte-nspt to influence a the other his-hf. And that ails-he enibra-s-- ,jury corruptly to ca-se- s-ide,by promises-, e-eors s-Ia-at bs-is-mg’ orprocure sue-is inquests, persuasions, emiti’eatie-s, a-a-a-ola-cy, entertain- is-a- s-ia-c coma-nta-’y, tots-a-he gainor profit, shah-i mnents, and tis-c bike. The pummis-hmentfos- be punished in s-ha-c s-amemans-mars-s-a-a-/I form s-is-c person embracing is by mine as-sd ia-a-- as s-lie jua-’ors; na-id a-f the- jum-or or cs-na-hi’s-a-- pa--isonment a- and fat’ the juror s-o em- ce-or so as-tainted la-ave not where-of to braced, if it be bytakia-mg ia-money, time pun- make gm’ee Cs-s-s-eis-J’actio?s-]is-i the mans-s-er is-ia-me-s-st is-,(bydives-s -statutesis-a-thereign a-foresaid,ha-a -a-ha-a-s-Illa-ave time isia-prisonmeust of Eda-s-’ard 3,) pet-pets-a-a-I ha-faa-nv, imps-i. ofone-year. An/Ia-lie intent oftIme Ida-mg, of’ a-os-a-me-s-st for a ye-ar, and forfeiture of’ the the gre-atmen, as-a-/I of time- coma-na-os-s-s -is-a-, a-enfold value-. Se-e-Black.Coin, 140. - that no jus-tice,ma-or other a-n’s-a-a-istes- a-ha-s-it - Time English statutes-,whsich extend to, inqms-is-c of office upon a-ny ofthe -points-oi’ an/I form pa-it of time law of2’enns-s-yls-a-ania, this a-a-tie-Ic, ba-it os-sly at the a-a-s-it of the are: - party, or of other, as a-fore-said.” 5 Bdward 3, c.10. Item, it is- accorded, that it’ as-my juror is-a- s-a-s-size-s, juries ar OPPRESSION DV OFFICERS. ia-a-quests, take of the one party or the Anotia-er ofi’s-a-a-ice s-mg’s-mis-a-s-tpublic justice’, oth~er,and be time-re-of duly as-tainted, that a-s’ia-icim is -aes-ins-s-a- of deep ma-higs-a-ity; a-s-id lie-re-after he a-la-all not be pa-is- is-a- ‘any a-a-- so ma-se-h tie dee-pea-’, s-cs -Uses-cas-c ma-a-any s-izes-, jum’ies, or isa-ques-ts, a-s-a-a-d s-s-eves-time- opportunities -ofputting it inps-’actice. as-id less -s-hallbe eoa-nma-ndcd to ps-isa-a-s-a-, ta-na-I the pa-s-a-yea-’ s-a-nd a-yes-s-lths- of- s-Is-c offes-a-ds-a-s-’s-i f’s-is-a-herransomed at s-he- kis-mg’a- will) and may of’s-a-s-mm detes -the is-mjurcd fs-’os-n s-i legs-a-h, the justices before whom sue-It as-s’a-zes-s-, pa-’cs-es-ecutioa-s-. Thus is -theoppress’s-on, as-s-a-i ,iuries -a-ndia-quests shall pass-,a-is-all la-ave tyrannical pa~tia-lityci’ judges, jus-tices, iawer to enquire- as-md deters-s-mine a-c’ a-nd other izs-a-a-~ia-trs-s-ka-,in s-lie s-mdmirs-ia-s-s-’s-~— cordiia-g to this statute. tion, s-a-U a-a-s-sUer a-lie- colour s-a-La-heir o11k~-- 34 £dward 3. c. 8. Item, tlsat In evex’y’ And wiia-s-s-a-pm’oss-s-cuted, cia-is-es- byins-is-cad- plea, whes-cofthe inquest or ass-s-izc des-tA s-a-s-ca-it, orindie-ts-ia-eis-t, is -a-ui-cto Ia-c sea-’ea-s-4$ ps-isa, if any. of’ tile psa-s-t’a-sa- a-a--ill sue ps-ma-ia-had with forfeiture ol the-h’ cfflce~ and, i~’by bidicts-nent, by fine and imps-i- trade-a as-a-cl mia-as-ltifactua-’cs; parf~ca-ilas-1’ - - sos-a-me-nt, regulated by the nature s-ms-md the kecpis-sg’ hogs in any city or zts-as’k~ 790~ aggravations of s-he offence- coma-a-mis-ted.— town. Salk. 460. See 4 .l3lack. Corn. 141. All disorderly isous-es, inns Oi~ ale~ NEGLECT OF DUTY. 1iouse~, ba-wdy-ia-ouses-, gana-ing4mduses-~ Tla-e negia-gence of pubhc officers, en- s-a-s-a-la-cenced sa-age~plays-~hootis-~as-a-cl stages- trusted with s-he- administration ofjusa-ie-e, fbi’ rope-dancers, mountebanks -as-sda-lie a-s shies--ifts, coroners-,cons-tables-,as-md time hike, are public na-a-is-aia-ces; a-nd a-nay like, is- pus-a-is-ha-isle by flues, As-md pars-iou-. ia-pan indies-us-eisa-, be suppressed and la-s -penalties-as-e- fieqa-mently inflicted by fumed, I Hawk. (f’ohio) 198. 225. special acts of the ass-embly,whe-m’e par_ As to ina-s~as -a-aVers-is-,See- va]. 1, p. 25 s-louIsa-’ duties- are es-a-joined upoa-a- officers-, 73, 127. - - or os-he-m’s-. See4 Black, Corn, 140. So, open as-a-/Inotorious las-s-s-data-a; either Neglecting to join time peace cons-its-a-ta-s-a, by freqca-cs-a-tims-g la-os-a-a-es of iU faa-se -us-by or power of the county, beis-s-g time-re-unto some -grossly sos-muds-Ions -as-sdpublic is-a-- required by s-hmcriffs~jus-tices, &c. is fine-. decency, is indictable, a-mm/I pus-s-ia-ia-a-isle by able, fine- as-sd impm-is-omss-a-a-es-s-t. 4 Black, Coa-s-a-. By statute of S Edw. 1, c. 9. “la-is pro-. 64.—A wife may be -indicted an~pa-mn- vida-id, that all ge-s-se-rally be s-ea-ely as-sd is-he-el a-via-h ha-er hits-s-bus-md for keeping a-a- apparelled, as- the commandment as-sd ~rom’/s-el;fom’ this -isan oflius-tee tone-ia-jug time s-uma-nos-ss of Sheriffs, amid at the cry of s-miss-as-s-icos-cos-samy at’ga-s-vera-a-s-a-a-es-mt of’ a-his-i time country, a-c sue and arrest fblons~ house, ia-a- which s-hue Wife has- us- ps-ia-mci. ta-rime-n any need is,” Ca-s a-veil witla-is-a- fits-s-i- pal s-ia-are; as-s-d is a-a-iso as-me-h an ofks-s-ie-e, as- elmise, as- witisout.] a-he ha-a-v presumes- s-a be generally cots-- Disobedience to a-n act of s-tsss-a-a-sa-bly, due-ted by s-he ‘intrigues of a-lie fe-male where s-so particular penalty is as-sigia-ed, s-ex. As-sd in a-I-i cases -a-a-die-mes-lie wife is yes- pms-nisimabie, by conmeque-nce, fortime offea-a-da- alone, wia-imaut a-hits- cams-s-ps-ny or co- conts-s-mnpt, by cl’s-s-cretioa-at-yfine- a-a-md im- ercion of Ime-r hiss-ba-a-sd, s-lie is responsible pra-sonmens-. See 4Block. Corn.. 122. for la-es -offence, as- muds- as a-ny s-ingie NUiSANCE, woman. lb. 29. Common nuis-a-nces-, as-’e a species of Lotteries ai’e declared to be publics- offenceagainst the pttbiie- ordem’, and a-sco’. na-s-is-a-ne-es. Vs-s-I. 1, p. 246. sa-omicalregimen oftia-e state-; being either Tise- makis-a-g a-a-cl selling fia-’e--woi’ks as-ui. time dois-mg of a tIming to Us-c a-a-s-a-s-moyua-nce of squ’s-ba-, or throwing s-he-in a-bout is-i any a-ilti-ic citizens-, or neglecting’s-a do a timing street, Omi a-deans-mt of’s-he dams-ge-s-that may wIa-ich the coma-a-moms good rcquim’cs. As-a- ens-a-a-a-’, is- s-coos-ma-mon s-a-isis-a-nec, cue-Ia- timey a-re indictable, as it would to Our acts- of a-sssembiy, them’eforc is-a-- multiply s-s-uits-,by gia-”ia-s-g every s-ia-a-a-a- a se~ flies-s pea-a-s-sides, 1s-t,on bs-’eansima-g va-a-s-s-elms-, pa-rate action, for a-via-at daia-a-as-’ifics him is-i as-sd ia-eating with blazing’ fire, pitch &d. commos-a-, only, witia- tla-s-a- rest ofla-is fellow at the -a-via-s-caves-in the-city, &d. or keepis-sg citizens-. fis’e -os-a-boa-sr/I any Vessel, after a ce-s--ta-ia-c Of a-is-is- na-s-s-s-ic as-s-a-, annoyances, inhigh-. ha-os-u’ is-a- the night without licence. Vol. ssaya, bridges-, ,‘ivere, by s-ca-a-dens-mg s-Isa 1. p. 129. a-s-a-/I time a-ct of 29th of Mare-is-, same incoa-a-venies-a-t or da-ngcs-’os-a-s- to pass -1803,(chap. 2358)—2d os-i buildis-s-g cOop. - eitla-er positively, by a-eta-s-al obs-s-rucs-ios-s-s, es-s a-ia-ups, as-sd bake houses-, us-s-less is-a- a- or ma-egativehy by Was-mt of reparations. ce-u’s-a-ia-a- nsa-na-a-er. Vol 1. p 194.—3d keep- With respect to t~tes-as-s-Us -ama-clhighs-- ing hay as-a-/I faggots in time city,1us-a-lea-s- ways-,an attempt was made by tla-e iSa-ia- under certain regs-s-lat’sans. lb. p. 195.— se-cs-los-a- of the s-a-a-ct to s-ega-a-ia-steaa-’bitra- 4t1a-, on fii’ing gus-ms withis-~towns -as-idbo- tions a-na-i proceedis-s-gs- in cots-s-s-s -ofjus-- s-oughs-, making or se-ilia-a-gsqa-sibs-,rockets, tie-es-” to desa-i’oy tia-s-a- pa-s-bile- prosecution or otis-es- fit-c-a-a-a-os-ks, or cs-s-s-tingor firing’ bysnd’ictmes-a-t at cos-sa-s-a-s-oa-s law, and to s-c- as-my of s-la-em a-via-la-out lie-es-s-ce, or f’s-via-mg’ s-tm’a-cttime remedy to time s-ums-nary power cia-a-ms-a-las- in any town or boroughs-,- !b~ ~sves-a-to the justices is-a- s-lie road law. But 208, 249, 319.—a-—Sthm sets-is-mg s-s-re -to a-s-ood.s s-la-a-s wa-s speedilyfounds-a be s-in ineftlcies-mt. 01’ a-na-s--a-a-has, s-s-ct of isa-it of Api-a-I, 1794, s-e-me-dy s-na-i timeia-dicta-se-nt was a-’es-s-tos-ed (cia-a-p. 1732)- by tla-e- 4-tim4 section of’ s-ia-c act of 28s-hi of Es-s-vet Droppers-, or s-ucla- as kite-n us-a-- - ltfarch 1808, (chap. 2987.) So that is-a- des-’ s-lie a-vs-his, or wimsdows, os-the cave-s of this-s ca-se,5 time is-a-die-s-me-na- is a-sow the s-tA- a hcui.mse,s-o la-es-a-rices-i after dis-course,a-nd tute re-s-ne-dy; bms-t the s-umna-arypower of the-rca-a-pan to ft’s-cs-a-a-s-a- slanderous a-s-md ms-s-- the jus-s-icas,als-oremus-ins-, cIa-ia-s-vomits- tales-, a-ire a- comnsan s-sa-s-is-aa-oe, As-c to m’ivers-, ~ae s-s-Il the acts- declaring’ are indictable-, s-ndpuma-ia-Ia-able-by flume-, a-a-mid certs-uinrirers, ps-ibuic highways, a-a-sd vol. 1. to fin/I sum-aty fbr good bels-aviout’.—Su, a-. P. 325. coma-a-mon se-ca-id is-s -aa-ma-a-a-s-ms-s-ce to la-crna-’a-gis-- All those kinds- of s-a-u’s-sane-es, whmicht bourhood. See 4 ,lilaek. Corn, 167—8. a-Vhs-es-a- injurious- to a pm-ivats-a -na-a-n,a-re ac- tionable; are, wla-en des-s-is-ne-s-a-ta-I to time IDLENESS: , - public, pa-ma-ia-la-able by ps-a-bIle- prosecution, Idltnes,i, (time- i-oct of e-a-a-I) a-s a highs- of- and subject to fine ac-cording to the -qa-a-aa--lea-a-ce s-s-ga-inst s-Ia-c pa-a-biic eras-a-a-s-amy. By tmty of time ms-a-sdcs-a-scars-or; a-a-jab ~,s-offensive ama-ole-s-st~ts-a-ta-LteS,vas-~-s-s-bundsare des-cs--a-be/I- VOL. 11. 4 ~? 1790. to be, “a-tie-li as- a-take- os-a- the a-sight, a-a-md furaa-s-di, or a-via-h a-n ~s-mteia-tof gaining’ by - a-,s-.~,.s-,,..j sleep cs-n s-ba-c day, and imaupt cuss-os-a-able- another’s loss; but cia-Is-er out of a spirit - - ta-vera-is, as-a-/I ale houses-,a-mn/I s-outs about, of wanton cruelty, or black, anti dia-bohi- and no man wet fi~oa-a-a-via-es-s-ce- s-lucy cos-a-a-e-, cal s-eve-s-a-ge. Is-a- wha-ie-lm it bears a nes-s-’re- s-me whether they go.” Amid by oum’ act of lation to time- crime ofarson; for as that assembly, “a-li persomss, who, a-sos- ha--ma-rn a-fleets- the habitation, so does this, the irha-es-ewit,h to m~ha-mta-s-is-s tla-emnsela-’es -as-s- other propes--s-y ofis-idividua-ls. fis-mihies-, hivç ~dIy and. without employ- The offence-s in England uncles- this mile-ut, a-s-a-a-/I refuse to work, faa-’ the usa-s-al, head, are gene-rally statute- offences, amid. ems/I common wages give-mm to other l~- the damage wa-a-s considered. as as-s-cs-pa-s-s bourers is-a- a-ha-a like work is-a- time ph-s-e-c at cams-a-ma-a-on law; amid it is -saidthe line- a-vhs-crc they time-n s-s-re-; and, all persons -~o- is -a-sotdistinctly ds-a-wa-s. Bus-is-is a- ps-ha-cm- is-mg about 1m-om door to door, or plaea-a-a-g pie, tia-s-t every act, of a- public evil exam- time-ms-elves in streets-,hsmgltws-s-ys, or os-he-c’ ple, a-s-sd aga-’ms-t good mona-ha-, is as-i oiL m-aa-ds, to beg, ci’ ga-titer s-s-isa-a-s ia-a- time place fence indictable -as-comma-moss-law. where they dwe-ll,ama-/I alt os-ia-er pet’s-Qua ‘rlma-s-s, ia-a-a-he-bus-hy, wilfully a-nd. s-a-’Lck~ ws-ua-de-ring a-broaçl amid beggis-a-g; and all es-By kihirs-g ala-os-se, was -ha-el/Ito be in- persons comimsg li-em time uscighboumis-sg dictable, a-mudby .~l’2ii-ae-,C,J. on exa-mima-- states, into as-my place is-a- s-Isis s-a-ts-s-tc, as-md is-mg the cases, we have s-sot found s-ia-c line ~1saihbe found hoite-rima-g or residing time-re-- siccs-irately drawn; but, it se-es-na- to b~ is-a-, a-us/I s-ha-s-fl follow s-a-c labour, trade, oc- agreed, that whims-s-eves-’ ama-s-us-ma-s to a-pub- cupas-ioa-i or bus-is-mess-, s-a-s-md. ia-ave no visible lic s-s-s-rang, na-ay be a-na-dc the subject of a-a-a- snea-uss of ss-s-bs-istes-sce, ama-a-i can give no la-die-s-me-ia-a-. Time poisonis-sg of chickens, reasonable account s-a-fthemselves, or their cia-eating with fals-e -dice, fraudulently bus-a-ia-a-es-s ia-s-a-ucla- place, s-la-s-Il be- deemed, tearis-a-g a- ps-as-smissoi’y note, and many as-a-/I a-i.e dee-la-redto be, idle- a-nd dims-order- other os-Fe-s-sees- of a similar descs’iptiors-, ly persons.” Timey shall be pus-a-ia-he/I, on haa-’e hsem’etaibre been indicted in Pea-s-n- .- conviction, before a Justice, ia-a- the a-york- aylvaa-s-~a;a-s-a-/I 12 Mod. 337, furnIshes s-la-c house, as’ gabl, s-s-s-h-s-f/Ilabour a-a-os- exceed- ca-se of an is-mdictment for kills-mg a dog, a-a-a- is-a-g os-me ma-a-os-ma-la-, And time conss-a-ble- Ia-a-ring s-nba-a-a-I of a far less- value than a ha-os-s-c. notice, as-mds-seglectima-gto a-pps-elsencl s-ha-em, ]3reakia-sg windows—by a-ia-rowing s-tonesat and to convey a-ia-ca-a- to s-he- Justice, shall time-na-, tia-eugh a- s-a-a-fficier.t number ofper. forfeit aim/I pay s-ems -sIs-iihis-mgs-tothe use o~’ sans- a-veme not es-a-gaged to s-anderis- a the poor, vol. 1, pa, 102, 268. riot; a-a-cl s-he embezzle-a-ne-nt of ps-s-bib monies, have, like-wish, in tlmis- s-tate,bee-n - - USUIIY. deemed public wrongs-, for which time ps-i. Us-ury,is ia-a-a- us-a-ia-wfuh cos-a-tt’a-ct, uponthe vas-e suilis-rea-’ a-vs-s-s s-sot alone ea-a-s-iUed, to loan çf money, to receive the s-ama-se a-ga-in re-dress; a-nd. unless, indeed, as-i indict- with exorbitantincrease. ment would lie, tia-ci’e are some- very ifs-a--my pers-omsa-ia-all receive oi’ ta-a-he more heinous alThnces, whicla- na-i~lttbe pea-pc. timan a-tx pounds per cent, per anna-s-rn, la-e- tinted a-via-la- absolute- is-a-a-puma-sty, since s-he s-s-la-oil, upaa-s e-onvics-ios-s-, forfeitthe- s-nancy rules -ofevides-sce, is-a- a civil suit, exclude- s-nd. other things lent, &o. vol. 1, pa, 156. thetc’stis-uoa-a-y ofthepaa-’tyia-a-jmis-ed,tla-ough the natum’e of s-is-c tra-ma-saction, genes-ally, LIBEL. - snakes-it impos-s-ibleto produce army other Libeic, in them la-is-ge-st- ama-s-i na-ost cx- proof. We cs-ma-era-aims s-so doubt ma-pen the tea-ms-ia-a-c s-eisa-c, signifya-s-a-y5 cvr’s-tings, pic~ s-a-a-bjccs-~1 Dallas, 335 ta-ties or s-lie like, of as-a- ia-na-a-oral, as’ ille- By a-n a-cs-pa-cs-s-ed 21st of Mare-la-, 1772, gal tendency. in s-ia-c common a-cccpts-s-. (cIa-isp. 652.) vol. 1, pa-. 282. Ifs-ny parson tios-m, they a-na- ma-lies-los-a-s da-s-fa-na-a-itios-is of or persons s-hall nsa-lie-bus-hy and volun. any pers-an; ms-a-dc public, by either ps-ia-it- s-as-by break, as- take off or Irons the- door is-a-g, ws-its-ng,signs or pictures, a-n order to of any imihs-a-bitas-a-t within s-Isis ps-evince-a-. provoke Isim to a-vs-’ath,oc’ expos-e him to any brass, or otis-es -knocker, a-fflxed ta-a- public hatred, coma-tempt amid. s-idle-a-tie, a-a-me-la- door, or s-la-all maliciously or veins-a-- ‘i’heis-’ direct tendency, is the breach of tartly ca-ma-, break, os -os-ia-es-wisedestroy, a-lie iublic peace, Jy stirring up time ob- aa-y lea-den, tin or copper s-pout,.or s-s-a-my , ects- ofthem s-os-eve-a-a-ge, s-s-nd pe-a-’isaps- to 1 part thereof, affixed to a-ma-ysuch la-os-a-se, bloods-lied, 4 ,lJlark. Cons-, 150. But s-e-c every pers-on so offe-ma-ding, being time-s-cot’ a-is-c comistis-s-mtion; and the act of ifitla- of legally convicted, a-ha-s-fl forfeita-a-mdpay tIme Ms-s-elm, 1809, before in this s-sos-c. s-us-n of twenty-fivepounds, for eve-my such- knocker, or spas-it so ba-’okes-s-, or takes-a-, CONTE~IIPTS. s-a-way, or cut or otherwise- destroyed, or imee the act of3d of April, 1810, be-fore be pubisely whipped, &c. a-ia- ta-a-s note. Ifas-my pens-os-a- as-’ persons, shall ma-lid- ously or voluns-as--ily,break, takedown or MALICIOUS ?a-IISCH1EF. destroy or deface any sigma-pus-up by s-my- .klalzciouc iis-iacls-ief, or damage, is- that mnia-abttaa-t ofthis province, to denote his, ~pccics -of s-a-a-jury to private property, lie-a-’ or Use-is- place of abode, occupation, wia-s-ch time law considers- as a- public ba-ms-is-a-es-s- or employment, eve-rys-ue-hper- ~rinse, This is sue-li s-ms -isdone, not uninza-, sos-a- or persons- so offending, be-ia-mg the-s-cr 595

oflegally convicted, a-ha-all forfeit a-s-a-a-I pay other stroa-a-gdt’is-a-k to s-ss-a-y of the pes-soa-a-s 1 7~O~ thea-a-sm of ten pounds- for every sue-hi oiL wiso s-hall be ass-era-a-bled, or a-ttes-s-dha-ig fence, or be publicly whipped, &c. s-upos-a- a-ny ga-ama-c &e. at’s-la-all pe-a--mit or s-mi- Os-se la-alfofthefines- is appropriated to low ofs-a-ny (s-uch)ga-s-a-a-~c,&e. am’ s-s-s-my ga-a-ne, the party grieved, s-lie other Ia-s-s-If to the device- as’ na-s-s-na-ca-’,to ba-a- practiced, played Lma-C of the poor.

1790. aivay such negro, or mulatto slaves- or a-nd unpremeditated, a-s -a-nans-laughter s-.~..j s-ervants;as- building or equipping ves- a-nd the like; wIa-icia- therefore cannot sels to be employed. in s-he s-a-ave trade. is-ave any acces-soriesbe-fa-n’es-lie fact, These- offence-s are all, except the fore-i’ - In petty las-cloy, and in all cm’imes- Jale abduction pea-isis-able only by act~moms under time degree of’ felony, thei’e as-s-c ~‘os-the particular penalty; bus- s-he for- s-so accessories either bçfore, or cs-fees-’ the cibly carrying away such slave as- s-er- f’s-ct, but a-Il persons- cone-era-med tbere~ -vas-a-t, is-punishable by indictment, ama-/I on is-a-, if guilty at all, a-re principals, the conviction, witis- time- forfeiture of one- same rule imoiding with respect to the hunch-ed pounds-, as-sd impris-ons-a-a-ca-a-a- a-s- higis-es-t a-nd lowest offe-nces. hard l’abota-r, for any k’s-s-a-a-c not less a-la-s-a-ma- s-lim Time- accessory cannot be guilty of a na-os-a-tis-s-, ma-os-’ more than twelve- ia-sons-ba-s. la-igimer crime than isis principal; being Act of29s-1a- of Ms-a-re-h, ~7’88.(eis-is-p. 1324.) only punished a-is- a partaker of his guilt. Accessory before the fact, is -one,who - OF PRINCIPAL ANI~ ACCES- being absent at the time of the cm’ime SORY. coma-s-mis-ted, dos-Is- yet procure counsel, A. s-a-man may be p:’ia-s-cipal- is-s as--a- offence or command another to commit a crime. in two degree-s. A pnia-a-cipal, in s-he Herein aba-os-s-ce is neces-saryto make h’s-mn first degree, is he s-ia-at is- time s-me-ton, or as-s- ac-ce-s-s-ony; for if a-a-s-cia- procurer, on abs-s-s-ims-te- pes-’petm’a-tcir of time e-s-’ia-ne s-ia-c flice, bçs- pres-es-s-t, ia-c is- guilty of time and is-a- time- secpncl degm-ee, lie who is- crime as- pa--is-icipal. pa-s-s-me-na-, nichis-ig as-s-/I abetting tIs-e f’s-met to As-a- accessory after the fact a-a-say be, be dos-me, And s-is-e-re a-may be s-a- coma- is-rue-- where a pens-s-mn, knowis-mg a feiommy to tive presence, as- whes-a- os-s-c commits- ia-ave been committed, receives, re-- a a-’obbery, or ms-a-s--des-’, as-s-/I a-ta-otis-es-’ kee pa- lieves-, comforts-, or a-a-s-ia-ta- a-ia-c felon. It watch os-’gus-a-cd at some coa-s-v~m~iea-s-tdis- ‘s-s requisite time-re-fare, that he la-s-owe of ta-sn~c. time f~oma-y committed. In time a-ext In cas-e of nma-s-a-’der by pals-os-mis-mg, a- place, lie must rca-a-ice, ,‘eliea-s-c-, comfort, ins-s-a- may be a- pi’is-a-cips-s-i ca-a-ia-s-s-a-, by ps-’c- or s-s-a-~i-stthe f’s-s-has-a-. As-md, ge-ma-crallyany pims-ing a-nd laying tla-e pois-on, &c. s-ms-sd assis-tas-a-ce a-via-ate-ye-n, give-n to a felon, yet s-met a-ida-a-a-Is-s-isa-er it is-is-a-s-a-elf, a-a-or be to Is-inches- his -beingapprehended, s-s-led present when s-ls-e vcry deed of poison- as-’ suffering ia-unis-ia-ment, make-s s-he as-- ing is- consna-itted. As-md so with regard a-ia-tom’ an accessory, as f’s-ira-a-is-his-mg ~m’s-m to othem’ ia-murders commits-cd in time ab- with a- la-os-se- to ca-cape ia-is- pus’s-tiers, senceof time ma-ms--tics-er, by s-a-seas-a-s -which money or -victuals- to ~upport lsi~p,~ lie is-ad pi’eparedbefore la-s-s-md, and whie-~a-la-ouse, os-other s-Is-cites-, to conceal Isim, coma-id not probably fail of s-lie-is-’ mischie- or open force- on violence- to re-s-ca-me or vous -efFects-; as excitia-sg a madman to protect ia-ia-a-. So, to cos-s-vey hs-struna-ents ~a-omnmitms-s-s-des-’; iayinga-ns-s-pa-, a-s-n pitfalls to a felon to enable Is-im to bs-’eak ga-s-oh, for anothes -wia-enebyha-c is killed, &c, os’ to bribe the gaoler to let ia-i am escape, in sa-me-ja- case la-c ma-a-st be guilty as ps-in- makes a mama- s-a-ce-es-s-pry to the felony. nips-I ia-s-time f’s-s-st degree; far la-c cannot Bitt a-la-c felony must be complete at the - be cabled as-a- access-a-ny, that s-a-ecesss-ms-ily time- of time assists-isa-ce gives-a-, cisc it - stmppo8ia-mg a pris-a-e-ips-s-1; as-ma-i time poisa-s-n, does- not make the as-s-is-ta-nt ae-cc’ssom’y, the pitfall, or time ma-dna-an ca-na-s-ut he As- if’ os-s-c wos-s-nds another mortally, ls-eld prs-cpal; be-is-mg only time ira-stmu- as-a-d after time ws-muta-d gia-’es-m, but before s-a-ens-s of death. As la-c must them’e- tics-tim es-s-sues, a pens-on ass-ists, Os-’ re- fore be certaims-ly guilty, cia-Is-er as- ps-in- ceives time delinqis-ent; this does-i a-sot cs-ps-s-I os a-ccea-.s-s-os-y, and ca-s-snot be so as snake him acce-ssoryto the homicide accessory, it foils-s-wa- s-hat is-c must be so for until death ens-ues,s-la-crc is- no felo~ ~s-priimnipal; a-a-id if’ ps-’incipai, tile-n Ifl ma-ycams-a-its-ed, yet so s-trict is the law ‘the first degree-j for there is- s-mo otimer ‘wia-cee afebma-sy is actually complete, km cs-la-dna-I, mucia- Jp~s- s-uperior in the os-des-’ to do effia-e-ts-ma-i justice, s-Is-s-s -the ga-s-Ut, whoia-i ia-c could s-s-id, abet, or a-s-slat. s-a-ease-at ncs-1’,s-tioa-a-s-s- a-a-’e not stmffered to s-mid As-i accessory, is he ‘wls-o is a-mat tia-e cis-ie-f or me-ce-ire one ana-s-tis-eu’, If s-a- ps-rent ns- actor in the- olr~nce,a-mon la-resent as- its- a-ia-ta- is-is cbsihd, or s-ia-c e-la-’s-ia-l la-is parent, performapce, bta-t is some;ws-m/ coma-ce-s-ned if time- bros-is-er receives- thse- broths-cs-, the there-in, either beford os-s- after the fact s-a-a-aster his s-erva-a-a-t, or tia-eservant ia-is comma-s-ted, - - master, on eves-a- if the Ia-us-band relieves In IligIm Treason the-s-’e as-p s-a-a ace-es- Is-is-a- wife, wia-o ia-a-ye a-ny of’ them cona-- - sara-es-, but all are principals; the- s-ame- mis-ted a fel~ny,time receivers become s-eta s-has- ma-ice a ma-tn accessory in felo- accessories after tIs-cfact. Ba-mt time wfit ny, making la-ia-n ~ ia-i~iia-e-Ipa-l is-a- High cans-sot become access-oryby s-ia-c receipt Treason, is-pun ace-ens-mt a-f’ time heinous-- arm/I concea-siment of Is-ms-n ia-ua-hais-d; fis-r ja-ess of tIs-e crime. Ia-a- petit tre-ason, jn~s-rdem’s-s-s-md fe-ions-es -tis-e-re-may be a-c. she s-s presua-a-a-ed to a-es- under his coCa-’- ccs~s-om’s-es,cs-tee-ps-only ha- a-Is-os-c offa-a-ncçg, ca-on, and tis-erefore s-is-c is -notbcmms-s-a-d, .vJa-:cis -byjtmdgmes-a-t of law a-re sudden s-a-es-s-her ought a-ia-c, to discover ia-er ia-a-a-a- ba-s-nd. - 597

Tobuy or receive stolen goods, ks-a-ow-’. cipal felon shall be admitted to tha-~be- thea-a-a- to be stolen, was at common law ne-fit of clea-’gy, pardoned, OC os-lmea-’s-yia-e a-a- s-ne-re mis-dens-canon, as-md did n-~s-make delivered be-tore attainder; as-md every time receiver accessory to s-he s-la-a-a-It, be- s-a-ta-ch access-ory, if convicted, Is-c. s-ha-il cause lie received time- gooda os-mly, a-s-nd suffer s-is-es-a-me punis-hments-ms Is-e should s-mot the felon. Bus- by time- a-es- of’ 1718, la-ave suffered, iftime principal la-mud bee-n’ (vol. 1, page 116,) if a-ny pens-os-a- or attains-cd. - As-a-a, if a-s-ma-y principal rob-V persos-a-s s-hail me-ce-ire on ba-my any goods ber, burglaa-’, felon or s-ims-el, cans-s-ot In oYcis-attels- tia-at s-Is-all be feiois-iots-sly s-a- taken, so as to be prosecuted and ens-s-- ken or stolen, ks-a-owing s-he same to be vie-ted for a-ny such ofl’ea-a-e-e, neve-rs-lmeles-s-a-s- a-s-ole-n, a-nd be-is-a-gconvmeted time-re-of, if it s-ia-a-il be lawful to pros-s-s-cute as-md pus-- they pray time benefit of a-la-at act, is-s lieu nisla- cves-’y person or pe-rs-os-a-s-, buying of clergy, s-la-all be burnt in their hands, or re-ce-iris-mg a-s-my goods- stoles-a-- by sue-Is- As-sd s-he s-tuna-c punisla-nment *as- inflicted pm’incipal fe-has-a-, knowing time same -a-a on conviction of’ re-cei~ing,is-arkw-is-s-g, or be stoles-a-, a-s -los-’a misda-nzra;a-ca-s-’, to ba-S concealing s-s-ma-y robbers-a-, burglars, fe-Los-ms ps-s-s-s-lila-ed by fine s-a-s-id impr’s-so’mmes-st, or as-’ thie-a--es-. as-la-es-’ s-ma-elm corpora-s-I ps-s-a-isis-me-nt a-us -s-ia-cm Buyers s-undreceis’es-s of’s-s-ole-s-a -is-os-sea-,court ala-all tis-~s-mkfit a-a inflict, ala-la-oms-gla- - ks-a-owls-mg them to be such a-vt-re- to la-c time principal felon be s-a-os- befos-’e cs-is-a-vies-- pta-a-is-he-cl Ira- the s-ame ma-na-es-’ a-s -time of tIme s-aidfelony; -ivlmicha- punisls-ma-a-cs-s-1. pa-”uncipa-il felon, by s-he- act of 21st of shall exempt s-he ofles-mder fi’om being’ Pebrua-ry, 1767, (vol.1, ps-s-ge 273) pus-a-ia-beth a-a-s s-a-ccessa-a-s--y, if sucia- ps-’ira-ci— By a-ia-c 4th sectia-s-s-m of s-lie act s-n s-is-c pa-i fe-ion s-ia-s-s-li afiei’wards be- taken s-s-s-md. text, acCes-s-aries- after time- fact is-a- a-ma-y cos-mi’ies-ed, Act of 1718, vol. 1, pa-ga-a- felony, a-nd receives’s of s-tohen goods, 116.17, &c as-’e s-abe penis-ia-ed by ia-a-ps-is-os-a-me-a-it And tls-e sims-ne provisloim is made- as to a-ut ha-i’d la-hots-a-’, &e-. for as-my term a-sot cx- accessories after a-la-c fact is-i a-ill eases- of - ceeding two yea-s-a-. Timis rena-ala-s us-sal- felony of des-s-ia-, robbery a-ma-/I burglary, tered, by s-he Stlm sees-ion of tIme act of 23d of ‘rime law respecting the punisls-na-ea-a-t September, 1791, (elms-p. 1572.) of accessories before time fact, will be. Time-se provis-ions-s-ms-c similar to thos-e found is-u time acts- whicla- relate to a-Is-c of time English statta-te~of 1s-t as-a-ti 5th vas-”s-ous principal ofl’ences. of As-s-u. Upon which, Judge Foster ob- if time- principal felony be committed serves, tis-at whe-m’e - the pa-’ims-e-ipal in hi one county, a-a-id time fact or crime of amcsnable, time prosecutor la-as no option a-s-ce-es-sony, be committed is-a- a-a-otis-er; a-via-es-la-er to proceed against tIme s-ce-cia-’- - the a-ce-es-sony may be is-a-die-tech in a-ia-a- en a-is- for felony or misdemeanor, Is-c county -s-via-crc ha-is offence a-va-a- cons-mit- s-na-a-st proceed as for felony, If la-c be ted, a-a-a-/I a-Is-s-s-Il be as -goat!a-nd eif’es-s-s-ts-a-a-l na-at s-a-mma-esna-bie, as-a-ti time pm’os-ee-utoe in ia-sw, as- if the ia-nis-meipal offence la-ad choose s-a wait ibr Ia-is- conviction Is-c a-a-ms-my Ia-ce-n dane (ma-’ committed in time same do so, a-s-md time-a- s-rocecd against the me- c’oums-ty, ml, 1, image 119. ce-ire-n s-ms for fe-los-my;1 or, at ia-is own Foi-ia-mes-’iy no Than could be tried as pies-s-sure, a-s -f’s-a-a-’a na-istlemeama-os-’ witha-oa-a-t s-me-ce-s-s-any, till after time prine-ipa-s-1 was a-va-is-is-mg s-ill s-is-c pm’incips-s-i s-s-hall be a-s-mes- cmos-a-vie-s-ed, on as- lea-a-s-t la-c Is-s-us-s-s-a- is-ave s-sa-bie-, Under these limits-s-a-ions, and be-en tried at time a-s-s-me time a-via-h imim; times-c only, Ime coma-ce-lye-s the prose-ens-os-’ is-a- wIa-ich ca-is-cs-Is-c 3s-s-m’y na-us-st be changed ia-as an option. to inquire first of a-is-c principal; and if Tia-ougla- a ma-a-be indicted as s-ce-es- tla-ey a-re satisfied of his guilt, s-la-en of sony and acquitted, he may afterwards time access-os-’j’, ba-it if the principal be be- ia-die-s-ed as principal; fan an a-eqs-a-it- not’ guilty, baths miss-a- be acquitted. ta-I of receivia-mg a-nd couns-ellinga- fe-los-a-, The acces-s-am’y may, ~f he c/s-case, be is -s-moacquittal of’s-he fe-los-my ia-s-elf, but is bras-s-ght to ia-is s-s-s-a-I ba-fore time conviction matter of some doubt, wis-ether, if a on attains-lea-’ of s-Is-c va-’!nciPal. Ba-mt ~n ma-n be acqs-mittecl s-ms ps-’ine-ipal, he cs-s-s-s cams-c la-c be cos-svictea-h, ia-see-ms s-a-ce-ca-s-a-u- be al’s-ca--wards- indicted as- s-s-ce-es-sony be- a-y to respite js-s-dgmes-s-t. until time ps-’imsci- fore the fact; since those offence-s are la-al be coma-vie-ted a-a-a-/I s-s-a-tainted; i’ar ifs-ia-c fs’ec~s-me-ntiyvery near a-liie-d, a-nd there- pa-’is-mcipa-l be aftem’ sue-quitted, time coma-vie-- (one as-a- acquits-a-i of a--s-me ga-s-lit of one s-son oftime acces-s’oryis-annulled, a-s-sd a-mo maybe a-ma- acquittal of time otis-en also, iudgmenc ought to be give-ia -agai~s-~ (but see Foss-. 361.) Ba-it it is clearly him, - held ths-tone acquits-ed a-s pnis-mcipal may If principal be convicted of a-ny cap- is-c is-a-tilts-ted as s-ma-a- accessory after a-la-c ia-s-h cs-’ime-,made- fe-los-my of des-a-tIa-, st~mnd- fiuct ; since a-is-s-ut is -ahways-s-tnoifence of ing mute, &c. ia-is- made- lawful to ps-’o- a dilFem’es-a-t s-pecies of ga-s-lit, pnia-a-cipaliY ce-ed a-gals-a-st time aceessos-’y cia-Is-em’ belba-’a tes-a-duma-g’ to eva-ms-he s-la-c pa-a-blie- jus-tice,a-ms-a-a-! or a-fs-es’ s-la-c fact, is-a-time a-ames-na-nra-er s-us is subseques-a-tin ia-s -commencemea-mtto- f s-Is-c principal fe-las-a- is-a-/I been a-ta-a-is-a-ted s-he -other. Sec 4 .Blacis-, Cs-na-. 3-i- ~‘a-~ ia-ercof, nota-vithsa-andiia-g s-s-s-~ya-ma-eli prin- )~cs-t-Disc, 3, 341 a-s-a- :37-5 - 598

is- s-s-a- plima-iClm robbera- aims-i thieves, a-~ls-lcia- 1790.- 7’1s-~foiIos-a-AgEnglisa-’a- slats-s-len are reported - daily endeavour the-ms-elves to rob and ~ by time ~udges to extend to Fms-s-rnsylvas-s-ia. steal, or give assis-tance-to tIa-e same, a-a-md yet by craft s-s-nd cautele do escape 4 Etiw. 3, Cs- 2. Time a-us-ia-ority of Justices- of a-s-size, Gaol Delive-ry,a-nd from the same witia-out pus-s-is-la-me-nt. - 2. And where it often la-appenes-Im as-a-/I of time peace. ‘a- (6) And s-he Justices- a-s-sigma-es-i to tie-liver s-la-c ga-ohs- s-Isa-il la-ave- cos-sa-etIa- ia-a- us-c in s-undrycounties of this realm, that & man is- feloniously a-trick- power s-ode-liver the s-amegaois of tia-ose es-a-in one cous-a-ty, as-md after die-tim in ano- that s-ia-all be indicted befonc the ke°ep. timer cons-sty, in whicla- case is- has-la- not ens of s-ha-c peace; (7) a-s-a-ds-ia-at the s-aid been fans-des-a- by tia-e laws or customs of keepers sia-za-lh a-es-mdtheir is-a-dies-me-na-s be- this- realm, tla-at any sufficient ia-die-s-- ibre s-he Justices-, and tia-ey s-ia-alLia-ave me-nts-hereof, ca-n be taken in any of’s-Ia-c power to coquis-’e of Sues-ui’s-, Ga-ole-ns- s-aid two counties, far that by theens-. a-nd others, ia-s wimose ward sue-h soda-et- tom of this realm the Jurors of the coun- c/I persons s-la-a-il be, ifs-hey ma-ke tie-- ty where s-a-s-oh party died of’s-ne-h stroke, hives-a-a-ce, or let to mainprize- as-my so s-nrn die-ted, which be not maims pes-ns-ibhe-, can takeno knowledge of thea-aids-s-rake and. to punish the said. She-s-ill’s, Gaol- beingia-m mm foreign couma-ty, ~lthougla-the a-a-me two counties- ama-ti places adjoin ens, and others, if they do any s-ia-ing very s-s-ear toZethea-’; ne time Juries- of is-ga-inst s-ia-is -act,” time -countywhere the stroke was- given 25 Edw, 3, stat. 5, C. 3, “lee-s-s-u, ‘it is -accorded, that no indictor a-ia-all be- cans-a-os- take knowledge of time- des-s-tim. is-u pus-in is-a-quests upoa-a-,deiivcnance of the s-moos-la-er cots-a-sty, aitla-ouglm s-ucla- death indies-ce-s of felonies- s-s-n tres-pas-s,II’ la-c na-ass- a-pp’am’ens-iy conic of time same stu’oke- ; so tia-at time his-mg’s ua-s-mjcs-ty be cia-a-lie-a-ge-/I for tla-at same cause by h’s-nm a-vhicb is- so indicted.” within his -ova-ma-re-aIm ca-a-s-a-not, by a-ny The- act a-ia-at any indictment lackisa-g laws yet made on known, punisim sue-la- these words, vi at arrnk, s-Ia-all be good. s-a-murderers or manqus-elle-a-’s, for offence-s 37 He-s-a-,8, C. 8. “Be it enacted,Is-c. ims- s-la-is -formcommits-c/I a-us-a-d a-los-a-c ; (~) s-la-at these words, vi & ama-fe, viz. a-a-or s-s-ny appeal a-mt somne tins-c s-a-say lie for cuss-v baculis, &c. or sue-h other like, s-la-all time same, bus-S dos-ia -s-la-o(s-s-il, ama-ti the said mis-s-des-es-s as-a-cl manqmmcllcra escape time-re-- not of necessity be put or comprise-/I of a-mis-la-out psa-nishmes-sr, as- well in cases- in any inquis-ition or ia-a-dies-me-nt; nor a-mime-re s-la-c cots-na-its wis-cre s-ms-cia- offence-s tia-as- the panty or pa-s-tie-s being here-a-f’- be coa-a-a-s-nitted and done a-may join, or other- tea-’ indicted of any offence, shall ia-ave wise wis-e-s--e they may not join. (3.) And as- take any advas-a-ta-ge by a-vs-it, Os’ a-vs-its- s-Iso is-Is a- coma-a-on practice as-s-angst en- of error, plea or otherwis-e,to a-s-ins-a-I or raa-a-t thieves- s-a-s-cl robbers- in s-ia-Is realm, s-s-void any such inquisition or indict- that after s-hey have robbcd or stolen is-u ment, for s-hat, s-la-at time- said words-, vi one county, they will convey their spoii, et arms-a-is, &e. or as-my of the same or like or pat’s- thereof so robbed. a-s-nd stolen, unto words- s-is-a-il not be put or comprised in some of their adis-erents is-s-to sonic other the s-aid inquisitions, or indictments -a- cosa-nty where the principal offence wa-ma but that the s-as-nc ia-a-quisitios-s-s or is-a-diet- nes- cona-mis-ted s-a-c done, who ks-a-owing of s-ne-a-ta-, and every of s-la-em, backis-s-g time such felony, willingly s-a-ti by false covia-m same words, vi et arms-s-is, &c. or any a--ccehes-h the s-s-ama-se a- (4) Is-a- whicla- cas-e, of s-hem, s-hall from s-Ia-cs-a-cefortis-, by the- a-mithougia- time principal felon be after at- authority aforesaid, be ta-ks-s-n, dee-s-ned tains-ed in os-a-c county, time acces-sary esca- a-nd adjudged, to a-U is-a-tents-, coma-s-true-- pes-h by re-as-os-a- s-Ia-at lie was access-any ia-a- tions a-nd purposes-, as good. and efi’ec- another comma-sty, and a-la-at s-is-c jss-rors of tual in time- law, as -tla-es-a-me is-a-quis-i- the s-aid other coa-a-nty, by as-my laa-v yes- c-ions- an/I indictments-, ha-aving time said made, can s-a-s-ha-a- no knowledge Os-’ time prin- words-,vi Ct arms-s-is, &e. comprised and cipal felonyne attainder in time first comma-- ps-mt in eve-ny of the same inquisitions- ty, s-s-a-d so s-ue-ia-accessaries escape time-re-of as-a-s-i indictments were or hes’es-ofai’e unpunished,a-nd s-la often pa-u in us-re time have been takes-a-, deemed or adjudged; same, ks-mowing a-Is-at s-ls-ey ma-say ca-cape. a-vith~ any la-a-v. usage or custom is-es-etafore os-ic puniah~es-a-t;“(5) For x’edrcms a-nd used to the cos-stra-s-y notwith- had a-nd jids-s-istmmes-a-t of which offence-a-, and safe- standing.” - - guard of man’s- life-, be it es-a-acted by the As-a- act for trial of murders s-~n4fe-to-, a~t~monia-~of this- la-re-scot parliames-it, that na-cs-s coms-a--a-its-e-/I is-a- several counties, -tSrTse-s-a- as-a->~ person or persons- hereafter 2 antI 3 Edw. 6, C. 24. ‘a- For as- macia- shall be feloniously stricken or poisoned ia-a- as time mos-t necess-as-’y office and duty one county, a-nddie of the same stroke os’ of the la-w is to preserve s-ms-sd s-ave time poises-sing in another county, tla-as-times-a- arm ha-fe of s-a-a-a-n, and condignly to pus-mis-la- indictment s-hereof founden by tia-e Jurors s-ucla- persons tis-a-t a-a-s-a-lawfully anti wil- s-s-f the county where the deaths- a-hail hap. fully murder, slay or dcs-s-a-’oy men, a-s-a-d pen, wla-etis-er it shall be founden before a-Iso s-la-at another office an/I cits-ty of law time Coroner s-s-pen a-la-c sight of a-s-me-h dead ‘~gg

Tiody, or before the Justicesof peace, er ,matter beforethe- Justices- of the pea-cc ~ os-ia-er Jsmss-ices or commis-sionerswI-mo shall or other Jus-ticesor Commissioners, to is-ave aulls-oricy to enquireof sue-h offence-a-, enquire of felonies -ia-a-s-la-c cots-nty where shall be as goodas-a-cl effectualis-a -the law, s-s-me-la- offence-s of ace-es-s-any or s-ce-ca-a-a-u- - as if the s-s-roke- or poisoning had been l’ies ia-a -anymanner of a-vise- s-la-all b~ commmtted as-a-d s-la-s-ne in time s-s-a-s-ne county committed or dos-se, s-ia-all be as goes-I. where the pa-rtya-is-a-hi die, or a-vhs-crc s-ue-la- s-a-a-md effectualin time ba-mw, a-s if the smmid s-s-s-dicta-a-a-ens- a-la-all be a-o foa-s-ndca-a-; as-my baa-v principaloffence had been commits-es-I or usage to time contrary s-a-otmviu}a-sras-schs-ng. or done s-mis-is-is-a- the a-as-s-me county where 3, And tIa-at the Jia-s-tices of Gaol De- time same indictment a-a-ga-ia-a-st sue-li ace-es— - livery and OJ-cr s-a-nd Tca-r,njne-r in time s-ame s-as-’ys-hall be- fos-a-s-s-d; (2) and s--hat s-la-c county where a-ucla- its-dicta-a-sent at any s-ime Justices of Gaol Pelivery, or Ojer s-a-na-I hereafter slmall be- taken, as-sd also time Jis-s-. Terminer, or two of them, of or in sue-k tie-es of time king’s be-ne-la-, after s-is-cia- its-.. county where tls-e offence of any s-s-me-k die-s-me-s-mt shall be res-a-s-ove/I before thea-n, ace-es-a-a-ny s-is-alt be lie-re-after committed. shall and may proceed upon s-la-c same in a-nd done, upon s-a-s-it to s-la-em made, s-li points,- as they s-hauls-I or ought to do, shalla-vs-ite- s-os-he- Custom’ Rots-s-los-, os-’ keep- in case s-us-s-h fe-los-a-loss-s s-ta-eke as-mci death ers- of the- ne-cords wia-es-’e- sue-la- principal thereby ensuing, or poisoning ama-cl dsatim s-la-all la-c hereafter attains-ed or convict- thereof ensuing,is-ad ga-own a-Ji is-a- one- and ed, to certify the-rn s-via-es-her sue-la- prin- the same county a- (2) And ths-s- such par- cipal be attaima-ted, convictedor other.. ty to whoa-a-a- appeal of na-us-des- s-Ia-all be wis-ediscia-anged of sua-s-im principal felo- given by the law, may coma-a-a-es-s-ce, take and sue- appeal of murder in the same ny; -a-via-a, ujs-on such writingtotime-rn or county wlmes-e the party so feloniously a-s-my of time-rn directed, s-la-all make suf- a-a-s-s-ekes-a- or poisoned s-Is-a-il die, as well fle-ie-nt cers-ifleate in writingundertime-is- s-s-ga-is-a-st the principal a-nd pa-ia-a-cipals s-s- a-cal or seals to a-lie said Justices, ‘a-via-c- ags-inst every access-a-ny to s-ia-u sans-u offen- s-la-er s-ne-h principal he as-taints/I, con- ce-s is-a- wia-atsoevercounty or place the a-c- victed, os-os-Is-es-wise- cliscia-am’ge-d, or a-a-os-; Ce-s-s-amy Or s-a-Ce-esss-mrics shall be guilty to time (3) as-md after they tlmat so sims-il have same. (3) And fa-s-rtia-er, the Justices before the custody of s-a-me-h me-cords-, do certify a-mis-am any sue-is- appeal sIs-a-llbecoma-s-s-es-s-ced, s-hot such principal is a-s-tainted, convict.’ sues-landtake-a-s-, a-vs-s-Ia-in s-he year and clay a-f- ed as’ os-la-era-vise- dischsarged of sue-la-of- s-er suchmurdea-’ a-nd mana-la-ughtercoma-s-s-a-mis-- fence by the laa-v; that then s-la-c Jtms-t’s-— ted and done- s-ha-li proceed against all as-sd ce-s of Gaol Delivery, or of Os-cs-’ an/I Tar- every such access-any as-sd access-as-ks in the s-asf,mer, or ntIs-es- tIme-re s-s-s-s-s-lionize-cl, s-Is-all proceed upon every sue-la- access-any in same cos-s-nty wimem-e sue-Is appeal s-Ia-a-li be - so takes-a-, in like manner or form a-s s-f s-he s-ia-e county where sue-h acccssa-us-y or a-c- same- ohies-a-cc or offence-s of accesss-sry or ces-sas-ies-s becamne acccs-stsry, in s-us-ch access-aries ha-/I been comns-ittes-l and done mans-me-a-’a-ndform s-a-s if both the saidprin- in s-he- s-a-na-c county wls-ere s-s-me-h appeal cips-sl offence- a-s-md access-any has-I been s-hail be so taken, s-s well concerning the cos-ns-nitte-das-md done is-s-s-is-c said county trial by the Jurors-, or twelve men ot soch s-mime-s-c s-la-c offence of ace-es-s-any a-va-s or county wimere s-uds- appeal or appeals a-ha-li s-hallbe committed or dos-a-c; (4) a-nd be here-s-ifs-er takes-s upos-a- s-Ia-c plea of not tlmatevery s-ucla- accessa-ry, and os-la-er of- gs-s-ilty pleaded by s-s-me-h alicia-tier or offend- fenders above es-s-pres-s-ed,a-ia-a-Uanswer ers, a-s otherwise, upon tha-cir arraignments, a-nd receive 4. An/I (us-s-lies- be it enacted by the a-s-ucla- trial, js-.a-dgmemst, os-des- and es-s-ecu- authos-’ity aforesaid, Tbmsmt where as-my tion, a-nd stiffer sue-li fos-feits-a-u’es, pains- la-murder Os-’ fe-los-my hereafter s-la-all be and penalties, as is us-s-ti in os-he-a-’ case-a-- Comornitteti or dos-me is-i os-a-ccotta-sty, a-nd of felony; as-my law or es-mrs-am to time s-ma-a-otla-e-t Ia-es-son or mo s-hallbe ace-es-a-any cons-nary Ia-eretofore used ia-a- any wise en accessas-’ies in a-ny a-s-mans-a-erof a-vise to notwithstanding.” any a-s-.me-is- s-ours-Icr or felony in any other Witla- respect s-aba-il in criminal eases, coos-sty, that then an indicta-ne-ma-t found a-nd time s-tatutes-of 1 a-nd 2F/s-flip a-n/I (a-n taken s-mg’a-ia-s-a-t s-ucla- acces-saryand ac- Mary, ama-cl 2s-I a-s-md 3d F/s-flip as-a-dMs-ms-’y, cess-aries is-poma- a-ia-c circus-s-a-ms-ms-a-a-ce ofs-ue-h C. 10. See vs-s-I, 1, pa. 564”, (chap. 151,) as-sd tIa-e notes thereto, -

(* Ona-ittcd by mistake in page 545.)

/?ale~,Ors-ks-’,r, as-s-s-i Regnlatz’onmfor time-Gaol pus-iea-3, servants or ass-istants-,the In- oft/me city wa-ri ce-mrs-sty of Fhiladdpbia, s-pee-tars-, officers of justice, coa-.ms-a-selioa-’s or attcs-s-s-a-ie-s -at law cs-nplovetl by a ps-i- s, No persons whatever s-Is-a-li be ad- saner, minis-tens- of s-lie gospel, or per na-us-ted to a coma-a-ma-s-s-mica-s-ion a-mis-h s-Is-c Sons -authorizedb~two of the Xs-a-~pe,C~’ ps-s-sos-s-era-, e’cept the keepers- his tie. tars. - tx. ‘rhe males as-s-ti females -s-is-allbe- x. Any pes-sos-a-o detected is-a- gas-s-sing employed, and shall ea-t and be lodges-I of a-ny kind, s-hallhe-proceeded a-gains-s- in se-Is-a-rate- apartments, a-nd s-ball isa-vs-a- ags-ce-ably to s-he 7th article. sia is-ste-re-os-s-s-s-c or cona-nucs-nication with xi, As-my pers-onwimo shall demand os-S each os-la-er, exact a garnish, beg, s-teal us-’ defraud, art. Time pa-’isonem’s -s-Is-allbe cons-ta-a-nt- s-Ia-all ba- ps-ms-a-is-ia-ed a-s dim’ectcd by s-he 7th lyemployed in s-s-me-h la-boa-mr a-a-s -tis-ekeep- s-ms-tie-he. er, (with the concurrence of s-ia-c In- xii. The prisoners- wh~dis-tinguish s-s-pee-s-ta-rs,) may consider best a-s-claps-ed time-ms-elves by time-is- as-tenths-mm to e-leunli- ‘to s-he-is’ age, s-exand circus-nsa-a-ne-es a- - ness, sobriety, industry’s-a-nd ordes-’ly con- itogs-mrd being Isa-s-I to that es-xmploymes-a-t duct, s-s-la-all be s-’eponted to time Inspec- “wha-s-ch ‘s-s most profitable. tors-, a-nd me-es- with s-s-me-la- rewards- as is xv. It’ a-ny ot’ the ps-’isoa-a-ers -s-hallbe- in their power to grant or procure for fomta-s-sl. remiss or s-me-gii~ens-in perform- - them. is-mg what ‘a-s -s-eqs-tiredof time-rn, to time xxii. Time ps-is-os-me-s-s s-is-a-Il be f’s-s-ntis-h. bes-tof tue-it’ power as-s-cl abilities, on ccl witlm s-uitable bedding’, shall be sha-U wilfully waste os-damage time goods s-la-a-med twice a a-meek, timeir hair cut costs-mis-ted to tIme-is- care, tla-ey a-hall be one-a s-a- a-a-a-os-a-tIm, e-Imange the-is- linen one-c pta-s-a-is-he-tifor every s-ucla- offence, a-snutty a week, and. s-e-guhsily wash their face be Imereaftea-’ directed. and has-a-dseves-’y morning. s-r, If anyoftime ps-is-os-a-ens s-hail ne-Is-s-se xxv. Time ps-’is-an xImall be wla-ite.wasla-. - to comply with these s-’egulations, or to c/I at lea-sc twice iia -theyear, as-sd of- obey the officers of time pu’is-on, as- s-halt tea-er, if Oe-e-a-s-ian a-’eqta-’s-a-’es; time- doors be guilty of profits-a-c cumrsing os’ a-we-as-- shall be s-wept every morning, as-md wa-s-h- is-mg, or of anyins-Ieee-nt bela-aviour, cots-- e/I on Wednesdays as-md Sas-s-srdays-, from me-s-s-as-ion as-’ express-iota-, or of a-ny as-- 20th of’ May to the- 1st of October, as-a-d a-s-a-s-It, qa-a-a-a-rm’et, on a-ba-a-s’s--me words to or once a week for the remain/Icr of a-ha-a- a-via-Is- any other pcrs-oa-a-, they shall be year. ps-s-a-isis-ed for the a-ama-a-c, is-a- ma-tuner ia-ere- xv~Time sweepings ofs-la-c prison s-Is-all a-sf’s-er directed. - - be collected as-md deposited-is-a- aia-la-ce- fos- vi. The cos-s-victs, prisoms-ers- for trial, s-he pmms-’pose-, and re-s-named os-a-ce in every s-ervants-,na-a-na-ways-,and vagrants, shall ta-va a-me-clam; tla-e neces-saries-s-Ia-a-Il s-s-Is-cs- be separatelyfed, lodged cmxl employed. be cleansed daily. vzx, Offenders -s-hall be reported to xvi. Tla-eyards of the ps-is-os-a- s-Ia-all be the Ins-pee-tos-’s, as-md punisia-cd by cia-a-ta-, kept free- from cows-, la-ogs, dogs, and solitary confinement, as-a-ct s-is-dr allow- fowls-. ance of food me-due-ed—Ba-mt in case-s s-s-vat, The phys-ics-ianfor the- time ba-- s-mime-re time- security of the prisms-n is in is-mg a-la-all keep a regis-ter s-if s-hue- a-ie-k~ da-nger, or personal violence offered to time-is’ disorders, a-n/Its-is prese-niptialms any of time offioes-’s-, timen s-lie s-s-ti/I offi- s-a-nd s-ha-li rend~’rla-is a-e-e-ounts for the ce-ms a-la-all a-is-c all lawful means to ds-i- exs-umis-a-a-s-s-ioma- and allowance of the Is-i. fe-nd the-s-ia-selves, as-s-ct se-cs-s-rethe authors specs-os-s -s-utes-s-e-h of their qa-a-a-t’tenly mees--~ -of s-s-se-Ia- oa-stra-ge. - is-a-ga-. viii. Noofficer or otis-es- persons-is-all -xviii. At s-ia-c pea-’fom’rna-ma-ce of divis-s-c s-e-Il a-ny timing used in the ps-is-os-a-, nor worship, all time- ps-is-os-a-era- s-ball a-a-s-te-nd, buy, sell or bars-cs- s-ny article by which except sue-h a-s-s-a- s-a-may be a-Iek. tia-ey can Is-ave benefit; ia-either s-hall xix. The ta-sm’s-a-key, dma-ps-ut’s-es a-a-cl as- tia-ey suffer any spirituous or fermented sis-tants- s-hall be ti’s-s-des-men, in os-des-’ liquors to be is-a-traduced, except s-ue-la- s-la-as- time trades- a-nd employmes-mta- s-via-Ia-in na- the keeper may use in Ia-is- own Ia-mi- time house- s-ia-all be more effectually as-md or for medical purposes- pres-cribed profitably cxee-a-mted. by s-is-c attending pIs-ysie-ia-n, us-ides- time xx, All pnisommers cca-s-nmits-ed as ma- penalty of five pounds-, if a-n officer, and gm’ants, as-md -s-vho la-ave bee-s-a- convicts, of dis-misis-sios-i from office; or if a pri- shall be confined is-s the cells dos-ha-g s-s-ones-’, Is-c a-hall be proceeded against a-s tla-eir corns-flits-flea-a-. in the s-eves-a-a-la -a-s-tie-ic. ~.xa, No iwovisions- other than time la-ni’ xx, The prisoners -on their firs-tad- son-a-lows-a-ms-ce, s-ia-all be fs-irs-uisls-ed to a mis-sions-Ia-a-li be sepas-’atelylodgcd,wa-s-ia-- cos-a-vie-s- or vagrant, without time permis-~ ed, s-a-a-md cleanse-ti; and shall cons-is-s-usc in s-ion of’ time- Visiting’ Inspectors. s-a-me-ia- a-spas-as-c lodg’s-mmg, until is- s-la-all be xxix. TIs-es-’c s-la-all be wards-me-n a-p~ deemed ps-ia-dent to a/Is-nit them ‘anmoa-a-g po’s-ms-ted by thc Vials-is-mg Inspectors, time, otis-s-s-n ps-is-os-me-a-a-, a-us-a-cl time- cbs-ia-cs in whose duty it shall be s-u keep the wits-- s-vhs-oh tisey a-mere coma-s-na-its-es-I a-is-all be s-lows-, passages-,yard, as-a-cl ps-ivies -cleats-, baked, hums-gates-I, and laid ls-y; ta-s bc s-s-nd who als-oa-la-all be lodges-i, a-nd fe/I z’ettus-’ned tls-ema-s- s-ut their dis-oia-msrge, anti is-a- a room by s-la-ems-elves-i a-la-s-s-is-mg s-Ia-em coniia-a-cment to be cs-os-s-the/I s-s-s-cia-i. Runaway or disorderly ap- s-ss-’~crdus-a-gto law. - ps-cots-c-ce s-s-nd s-cs-va-us-s-ta- a-la-alt be se-pa-- 601 to make a fresh appointment to this of- 1790. rately feil, lodged, and employed, and the keeper shall give notice to their fice monthly. masters or mistresses, at the time of their commitment, of the charge that Viciting Inspectort. wifl accrue for their daily maintenance, who nitty at their option agree to pay The Viciting Inopectare shall attend at the same, or provide thenecessary food the prison together atleast twice in each themselves. week, andoftener if occasion requires; xxiv. The charge for the mainte- at which times they shall examine into nance of slaves shall be the same asthat and inspect the management of the pri- of apprentices or runaways. son, the conduct of the keeper, depu- xxv. The diet ofprisoners shall be— ties and assistants: They shall also on carefully enquire into, and report the Sunday, one pound of bread, and one conduct and disposition of the prison. pound of coarse meat made into broth. era, and see that they are properly and Monday, one pound of bread, and~ rujlciently employed; that proper atten- one quart of potatoes. tion to cleanliness is observed; that due Tuesday, one quart of Indian meal enquiry be made respecting the health made into mush. of the prisoners, and that their food ~s Wednesday, one pound of bread, and served in quantity and quality, agree- one quart of potatoes. ably to the directions of the ~oard; Thursday, one quart of Indian meal that the sick are properly provided for, made into mush. and that suitable cloathing and bed- Friday, one pound of bread, and one ding are furnished to all.—They shalt i~uartof potatoes. hear the grievances of the prisoners, Saturday, one quart of Indian meal receive their petitions, and bring for- made into mush. ward the cases of such, whose conduct Besides the above, a halfpint of mo- and circumstances may appear to merit lasses shall be distributed to every four the attention of the Board—.Tbey shall prl.erte~,onevesyTuesday, Thursday, be caroM to prevon~inq~roperota-door an& ~etsu’day~ communications with the prisoners; Si~nedarid approved, &c. sa directed that no spirituous liquors be admitted. by 1a’,~,26th of February, 1792. cia any pretext whatever, except by or- der of the physician—That no inter- Virectione for the Inspectors, &c. of the course be admitted between the sexe~ ,çaol of the city and County of .Philadel. —That the regulations of the Board, Mia. respecting the distribution of the pri. \STI.I~R1LAS,by a “Supplement to soners, according to their charactere the penal laws ofthis state,” itiaenact. axd circumstances, be attended to— ed, “ that the Prison Inspectors, ap- That proper m~ansbe used to promote pointed in pursuance of the act in such religious and mural improvement by the e~aae provided, and of the said supple. introduction of useful books, and pro- anent, shall have power, with the ap- curing the performance of divine ser- probation of the Mayor, two Aldermen of vice, as often as may be, the said city, and. two of Me ~udge. of They shall from time to time report the Supreme Court, or two of Ms ~ur1ge. to the commissioners of the county, all cftlie Common P/tite of Philadelphia cone- such prisoners who have been sent from ty, to ,make rules and regulations for other counties, and have incurred a the goeernment of all convicts confined charge for their maintenance more than in this esId prison, not inconsistent with the profits of their labour will 4e~ay. the laws s*d ‘onstitution of this corn- in order that compensation may else had mnonwealth.” as the iaw directs. It is therefere ordained, that thesaid They shall cause fair returns to b~ Inspectors, seven of whom shall be a made out, and laid before the Board quorum, shall meet at the prison, quar- monthly, of all the prisoners, their terly, on the first Mondays in January, crimes, length of confineffient, by whont March, June, and September; and on committed, when and how discharged. every second Mondny throughout the since the preceding return. yeav...,and, may also be specially con- They shall attend to the keeper, de- vened by the Visiting Inspectors, when puties and a~aistants,byobserving their occasion requires. At their first meet. treatment of the prisoners, and stitl~i, ing, they shall appoint two of their no persons addicted to liquor, mn~ng members to be Visiting Inspectors; one use of prophane awearing, or other im- of’ whom shall serve for one month, and proper language to b~employed on Tht~ the other for two months, continuing duty. rVc~Lif. 4(1 602

i~o They shall constantly bear in mind, Turthy. ~ that all men are free, until legal proof The 7’urnkey shall admit no persons is made to the contrary; they will extept the Inspectors, Keeper, his de- therefore take care that no person is puties, servants or assistants, Officers held in confinement, on bare suspicion and Ministers of Justice, Counsellors of being a runaway slave; and those or Attornies at Law, employed by apri- persons who are actually slaves, and soner, Ministers of the Gospel, or per- not applied for by proper claims within sons producing awritten licence signed a limited time, shall be returned to by two of the said Inspectors; and the the Supreme or other proper court for latter only, in his presence or someone a habeas corpus to remove them ac- of the officers of the prison. He shall cording to law; andgenerally they shall preventthe admission of any spirituous see that the present and subsequent di- liquors or any other improper article to rections of the Boardbe carriedinto ef- the prisoners, and on every attempt of fect. this kind that may be detected, he shall Keeper of the Prison. make discovery thereof, in order that TheKeeper of the Prison, besides at- the penalty inflicted by law may be re- tending to the safe keeping of the pri- covered. soners, shall carefully inspect into their moral conduct, shall enjoin a strict at- Keeper’s Deputies, h.~?c. tention to the regulations, relative to cleanliness, sobriety and industry, and The Keeper’s Deputies and 4nislan~ be careful to avoid that penalty which shall be careful to preserve cleanliness, is incurred by suffering acriminalto es- sobriety and industry among the prison- cape. He shall also, with theapproba- ers; to inform them of the rules of the tion of two of the Inspectors, provide house, and to enjoin an observance of a sufficient quantity of stockand mate- them by mild yet firm measures; they rials, working tools, anti implements for shall be careful to prevent embezzle- the conatant empioymen~of the prison. ment, waste or dastruction of imple- era. He shall deliver out their work ments or materials; theyshall constant- and receive it from them by weight or ly reside in the house, andinspect the aneastire, as thecase may be, in order conduct and labour of the prisoners— that embezzlement or waste may be Report time negligent, profane or disor- prevented, by time prisoners; and by derly, (who shall be removed,) and the everylaudable meansin his power make industrious, quiet and exemplary, that their labour as profitable aq possible. they may be recommendedby theViait~ He ~haIl,as the law directs, keep se- ing Inspectors, who have it in charge parate accounts for all convicts sen- to bring such to the favourable naticu tenced to labour six months and up. of the Board. wards, in which the expense of cloath- log and subsistence shall be charged, anti a reasonable allowance for their la- bour he credited; these accounts shall The Watchmen shall continue in the be balanced at short periods, in order prison all night, two of whom shall b~ that the prisoner, at his discharge, may within the iron gate, and two in the receive the proportion, if any, that is Inspector’s room—They shall patrolu due to him. the inside constantly, and strike the He shall cause all accounts concern. bell everyhour—They shall report any ing the maintenanee of the prisoners to remarkable occurrence of the night, tn be entered in abook or books for the the Clerkof the prison, on thesucceed- purpose, and shall also keep separate ing day, who shall commit time same to accounts ofthe stock andmaterialspur- writing, and layit before the Visiting chased by him; shall takeproper vouch. Inspectors, at their neat meeting; and era wherever money is expended; shall as the safety of the prison so much dc. regularly credit the mateilals manufac- pends on their vigilance and attention, tured and sold, mentioning to whom it is required, that no circumstance tnd when disposed of; and at every shall prevent the performance of their quarterly meeting of the Board, shall regular and frequent rounds. exhibit hi~accounts and vouchers for Signed and approved as directed by their approbationand allowance. law, 26th of February, 1792.