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CHAPTER MDV. an ACT to Reftrm the Penal Laws’ of This’ State

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CHAPTER MDV. an ACT to Reftrm the Penal Laws’ of This’ State 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.
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