spring, well or reservoir of water; such person shall be liable to be imprisoned in the state prison for a term not exceeding ten years; or to be imprisoned in the county jail and fined.

Arson in the second degrec, is the burning of, and setting fire to, an inhabited dwelling house in the day time; or setting fire to, in the night time, any shop, warehouse, or other building, endangering an inhabited dwelling: Arson in the third and fourth degrees consists in the burning of buildings other than dwellings, and other property of various kinds. Arson in these several degrees, is punishable by imprisonment, for terms varying from two to ten years.

Burglary, in the first degree, is the breaking into and entering, a dwelling, in the night time, with intent to commit some felony. The same act, when perpetrated in the day time, or under such circumstances as shall not constitute burglary in the first degree, is burglary in the second or third degree. The crime of burglary, in the several degrees, is punishable by imprisonment in the state prison for terms, the first degree, not less than ten years, the second, not more than ten, nor less than five years, and the third, not more than five years.

Forgery consists in falsely making, counterfeiting, or altering any instrument of writing with intent to defraud or wrong any person. There are various degrees of forgery; and they are punishable in the same manner, and to the same extent, as burglary. Counterfeiting is a term used to signify the forging of false coins, or false bank 1 bills, or the fraudulent altering of true ones. This crime consists, not only in the actual making or passing such

punished? In what does arson in the second degree consist? Third and fourth degrees? How punishable? What is burglar? How are the several degrees punishable? What is forgery? Counter

false coins or bills, but also in having in possession any engraved plate, or bills unsigned, which are intended to be used for such purpose.

Robbery is the taking of property from one's person by violence, or threats of violence, and by putting the person in fear of his life, or of grievous injury. Robbery in the first degree, is punishable by imprisonment not less than ten years; the second degree, not more than ten years.

Larceny is the term used to signify theft of all sorts. If the amount of property taken exceed twenty five dollars, the crime is called grand larceny; if the amount be twenty five dollars or under, it is adjudged to be petit larceny. The former is punishable by imprisonment in a state prison for a term not exceeding five years; the latter, by imprisonment in a county jail, not longer than six months, or by fine not exceeding one hundred dollars, or both.

Embezzling is the converting, by any person, to his own use, of property entrusted to him by another, and is punishable in the same manner as the stealing of property of like value.

Perjury is wilfully swearing or affirming falsely to any material matter, upon any oath, legally administered. If committed on the trial any indictment for a capital of fence, or for any other loy, it is punishable by impris onment not less than 20 years; committed on any other judicial trial or inqay, ut exceeding ten years. Subornation of perjury is a procuring of another to swear falsely, and is punishabh the same manner, and to the same extent, as perjury.

feiting? What is robber How punishable? What is larceny? How punishable? What is embezzeling? What is perjury? What is subornation of perjury? Prity? How punishable? What is

1

Bribery is the offering to any person in the administration of justice, any reward, to influence his vote, opinion or judgment on any question; and is punishable by imprisonment in a state prison for a term not exceeding ten years, or fine not exceeding five hundred dollars, or both. Any person accepting such bribe, shall be punished in like manner, and shall forfeit his office, and be forever disqualified from holding any public trust or appoint

ment.

Duelling is the fighting with a deadly weapon, in single combat with another. Any person killing another in a duel, is subject to the punishment of death. If death does not ensue, the offence is punishable by imprisonment in a state prison for a term not exceeding ten years. Challenging, or accepting a challenge, to fight, or to be present as a second, is punishable by imprisonment not exceeding seven years.

Offences punishable by Imprisonment in a County Jail, and by Fines. Among these are the following: Petit larceny; attempting to extort, by threats, any property or pecuniary benefit; fraudulent conveying or concealing property to defraud creditors; conspiracies by two or more persons with intent to commit an offence; imprisoning or arresting another without legal authority, or under a false pretence; receiving a reward to conceal a misdemeanor; voting at an election more than once; maliciously killing or wounding animals that belong to another, or cruelly beating animals, whether his own or those of another; wilfully opening or reading sealed letters addressed to another, except in cases punishable by the laws of the United States; removing or defacing any monument, mile stone or guide board. These, besides many other offences not here enumerated, are punishable by fine or im

duelling? Punishment? What minor offences are here mention

prisonment in the county jail, or both. And any person having been convicted of petit larceny, or an attempt to commit an offence, which, if perpetrated, would be punishable by imprisonment in a state prison, shall, for a second offence, be imprisoned in such prison.

Arrest and Examination of Offenders. Any judge, or justice of any court in the state, has power to issue process for the apprehension of persons charged with an of fence. When a complaint is made to such magistrate, he examines the complainant on oath, and any witnesses that may be produced; and if it appears that an offence has been committed, he issues a warrant, reciting the accusation, and commanding the officer to whom it is directed, to bring the accused before such magistrate. The magistrate first examines the complainant and witness in support of the prosecution: he next examines the prisoner, who is not on oath, and then his witnesses. The evidence is reduced to writing by the magistrate, and signed by the witnesses. If it shall appear that an offence has been committed, the magistrate binds by recognizance the prosecutor, and all material witnesses, to appear and testify against the prisoner at the next court having cognizance of the offence, and in which the prisoner may be indicted. If the offence be one which may be tried by a court of special sessions, of three justices of the peace, he may be forthwith tried by such court, if he choose to be so tried; but if not, and if the offence be bailable, the magistrate may take bail for the prisoner's appearance at the next court having cognizance of the offence. If no bail be offered, or the offence be not bailable, the prisoner is committed to jail. But in all cases to be tried at such court, the prisoner shall first be indicted by a grand jury.

ed? How punished? How are officers arrested and examined? How dealt with?

CHAPTER VII.

Of the Domestic Relations.

Husband and Wife. Marriage, to be valid in law, requires the consent of parties capable of contracting. Males at the age of seventeen, and females of the age of fourteen years, may contract marriage. Idiots and lunatics cannot legally contract marriage. No person can marry while the husband or wife is living, except in cases of divorce; or when the husband or wife of the party who re-marries, remains without the United States for five years together; or when one of the married parties shall have absented from the other for five years, and the party re-marrying not knowing the other, who had absented, to be living within that time; or if the former husband or wife had been sentenced to imprisonment for life.

The husband and wife are in law regarded as one person; and the husband, upon mariage, becomes seized of the freehold of his wife, and takes the rents and profits during their joint lives; and if the wife dies first, and there be no children, her heirs succeed immediately to the estate. If there has been a child born alive, the husband takes the estate for life, and on his death, it goes to the wife or her heirs. The husband, on marriage, becomes possessed, absolutely, of all the personal property of his wife; and on his death it goes to his representatives. The

At what ages may parties lawfully contract marriage? In what cases may they re-marry? At whose disposal is a wife's estate after marriage? Who inherits the estate? What other rights does the husband acquire by marriage? What are the obligations of a