SECT. 4. No person shall be convicted of treason but by the testi- Treason, two mony of two lawful witnesses to the same overt act of treason whereof he stands indicted, unless he confesses the same in open court. witnesses re- 6. Forms of indictments not changed. 7. Petit treason abolished, &c. 8. Body of murderer may be dissected. 9. Murder in a duel out of state, &c., where prosecuted. 10. Accessory in such duel. 11. Former conviction, &c., out of the state, may be pleaded in bar. 12. Engaging in duel; challenging, &c. 13. Accepting or carrying challenge, and abetting a duel. 14. Posting another, &c. 15. Prize fighting 16. Aiding, advising, &c., in such fight. 17. Leaving state to fight. 18. Manslaughter. 19. Maiming, disfiguring, or aiding therein. 20. Assault with intent to murder, maim, &c. SECTION 21. Attempt to murder by poisoning, &c. 22. Robbery, being armed, &c. 23. Assault with intent to rob, or murder, being armed. 24. Robbery, not being armed. 25. Assault with intent to rob or steal, not being 26. Rape. 27. Assault with intent to commit rape. 28. Attempts to extort money, &c., by threats. 30. Kidnapping, &c., or selling for slave, &c. 32. Poisoning food, medicines, springs, &c. 33. Assaults not before mentioned, how pun- 34. Loss of life by negligence, &c., of carriers. 35. Negligence, &c., of persons having care of 36. Drivers of stage coaches, &c., leaving horses crime SECTION 1. Murder committed with deliberately premeditated malice aforethought, or in the commission of, or attempt to commit, any punishable with death or imprisonment for life; or committed with extreme atrocity or cruelty, is murder in the first degree. 12 Allen, 155. SECT. 2. Murder not appearing to be in the first degree is murder in the second degree. Murder in first degree. 11 Gray, 488. 16 Gray, 1. found by jury. SECT. 3. The degree of murder shall be found by the jury. SECT. 4. Whoever is guilty of murder in the first degree shall suffer Punishment in the punishment of death. 1858, 154, § 4. SECT. 5. Whoever is guilty of murder in the second degree shall be punished by imprisonment in the state prison for life. SECT. 6. Nothing herein shall be construed to require any modification of the existing forms of indictment. 19 Pick. 304. 5 Cush. 295. 9 Allen, 585. SECT. 7. The distinction between murder and petit treason is abolished, and the last-named offence shall be prosecuted and punished as murder. SECT. 8. On every conviction of the crime of murder, the court may, in their discretion, order the body of the convict, after his execution, to be dissected, and the sheriff shall in such case deliver it to a professor of anatomy and surgery, in some college or public seminary, if requested; otherwise it shall, unless his friends desire it for interment, be delivered to any surgeon attending to receive it, and who will engage for the dissection thereof. SECT. 9. Whoever, being an inhabitant or resident of this state, by previous appointment or engagement made within the same, fights a duel without the jurisdiction of the state, and in so doing inflicts a mortal wound upon any person, whereof he afterwards dies within the state, first degree. in second degree. 1858, 154, § 4. Forms not changed. abolished, &c. Body of murdissected. derer may be R. S. 125, § 2. Murder in a duel out of Accessory in duel fought out R. S. 125, § 4. shall be deemed guilty of murder within this state, and may be indicted, tried, and convicted, in the county where the death happens. SECT. 10. Whoever, being an inhabitant or resident of this state, by of the state, &c. previous appointment or engagement made within the same, becomes the second of either party in such duel, and is present as a second when such mortal wound is inflicted, whereof death ensues within this state, shall be deemed to be an accessory before the fact to the crime of murder in this state, and may be indicted, tried, and convicted, in the county where the death happens. Former conviction, &c., out of state, may be pleaded in bar. R. S. 125, § 5. Engaging in duel; challenging, &c. R. S. 125, § 6. Accepting or carrying chal lenge; and abet ting a duel. R. S. 125, § 7. Posting another, &c. R. S. 125, § 8. Prize fighting. Aiding, advis ing, &c., in such fight. 1849, 49, § 2. 7 Gray, 324. 11 Allen, 258. Leaving state Manslaughter. Maiming, dis- SECT. 11. Any person indicted under either of the two preceding sections, may plead a former conviction or acquittal of the same offence in any other state or country, and such plea, if admitted or established, shall be a bar to all further or other proceedings against him for the same offence within this state. SECT. 12. Whoever engages in a duel with a deadly weapon, although no homicide ensues, or challenges another to fight such duel, or sends or delivers a written or verbal message purporting or intended to be such challenge, although no duel ensues, shall be punished by imprisonment in the state prison not exceeding twenty years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years; and shall be incapable of holding, or of being elected or appointed to, any place of honor, profit, or trust, under the constitution or laws of this state, for the term of twenty years after such conviction. SECT. 13. Whoever accepts such challenge, or knowingly carries or delivers any such challenge or message, whether a duel ensues or not, and whoever is present at the fighting of a duel with deadly weapons as an aid, second, or surgeon, or advises, encourages, or promotes, such duel, shall be punished by imprisonment in the jail not exceeding one year, or fine not exceeding five hundred dollars; and shall be incapacitated, as mentioned in the preceding section, for the term of five years after such conviction. SECT. 14. Whoever posts another, or in writing or print uses any reproachful or contemptuous language to or concerning another for not fighting a duel, or for not sending or accepting a challenge, shall be punished by imprisonment in the jail not exceeding six months, or by fine not exceeding one hundred dollars. SECT. 15. Whoever, by previous appointment or arrangement, meets another person and engages in a fight, shall be punished by imprisonment in the state prison not exceeding ten years, or by fine not exceeding five thousand dollars. SECT. 16. Whoever is present at such fight as an aid, second, or surgeon, or advises, encourages, or promotes, such fight, shall be punished by imprisonment in the state prison not exceeding five years, or by imprisonment in the jail not exceeding three years and fine not exceeding one thousand dollars. SECT. 17. Whoever, being an inhabitant or resident of this state, by previous appointment or engagement made therein, leaves the state and engages in a fight with another person, without the limits thereof, shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five thousand dollars. SECT. 18. Whoever commits manslaughter shall be punished by imprisonment in the state prison not exceeding twenty years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. SECT. 19. Whoever, with malicious intent to maim or disfigure, cuts out or maims the tongue, puts out or destroys an eye, cuts or tears off an ear, cuts, slits, or mutilates, the nose or lip, or cuts off or disables a limb or member, of any other person; and whoever is privy to such intent, or present aiding in the commission of such offence; shall be punished by imprisonment in the state prison not exceeding twenty years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. SECT. 20. Whoever assaults another with intent to murder, or to maim or disfigure his person in any of the ways mentioned in the preceding section, shall be punished by imprisonment in the state prison not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. murder by poi SECT. 21. Whoever attempts to commit murder by poisoning, Attempt to drowning, or strangling, another person, or by any means not consti- soning, &c. tuting the crime of assault with intent to murder, shall be punished by R. S. 125, § 12. imprisonment in the state prison not exceeding twenty years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. R. S. 125, § 14. armed, &c. 1839, 127. 17 6 Mass. 359. Assault with in tent to rob, &c., 8 Gray, 387. SECT. 22. Whoever assaults another, and feloniously robs, steals, Robbery, being and takes, from his person, money or other property which may be the R. S. 125, § 13. subject of larceny; such robber being armed with a dangerous weapon, with intent if resisted to kill or maim the person robbed; or being so armed wounds or strikes the person robbed; shall be punished by imprisonment in the state prison for life. SECT. 23. Whoever, being armed with a dangerous weapon, assaults another with intent to rob or murder, shall be punished by imprison- being armed. ment in the state prison not exceeding twenty years. SECT. 24. Whoever, by force and violence, or assault and putting in Robbery, not being armed. fear, feloniously robs, steals, and takes, from the person of another, R. S. 125, § 15. money or other property which may be the subject of larceny, (such 7 Mass. 242. robber not being armed with a dangerous weapon,) shall be punished 8 Cush. 215. by imprisonment in the state prison for life, or for any term of years. SECT. 25. Whoever, not being armed with a dangerous weapon, assaults another with force and violence, and with intent to rob or steal, shall be punished by imprisonment in the state prison not exceed ing ten years. the 12 Cush. 270. 14 Gray, 393. 4 Met. 354. 3 Met. 453. 12 Allen, 541. Assault with in- tent to rob, &c, (R.) Repeal and Assault, with rape. 116232 SECT. 26. (R.) [Whoever ravishes and carnally knows a female of Rape. 1852, 259, § 2. age of ten years or more, by force and against her will, or unlaw- 19 Pick. 479. fully and carnally knows and abuses a female child under the age of 4 Gray, 7 8 Gray, 490. ten years, shall be punished by imprisonment in the state prison for life.] 105 Mass. 380. SECT. 27. Whoever assaults a female, with intent to commit a rape, substitute, 1871, shall be punished by imprisonment in the state prison for any term of 55. years, or for life, or by fine not exceeding one thousand dollars and intent to commit imprisonment in the jail not exceeding three years. SECT. 28. Whoever, either verbally or by a written or printed com- Attempts to exmunication, maliciously threatens to accuse another of any crime or &c., by threats. offence, or by such communication maliciously threatens an injury to the R. S. 125, § 17. person or property of another, with intent thereby to extort money or 12 Cush. 88. any pecuniary advantage whatever, or with intent to compel the so threatened to do any act against his will, shall be punished by impris-108, 15,307, 18 onment in the state prison not exceeding fifteen years, or in the house of correction not exceeding ten years, or by fine not exceeding five thousand dollars, or by such imprisonment and fine. person R. S. 125, § 19. 1853, 412. 12 Allen, 449. slave. public officer, SECT. 29. Whoever wilfully or falsely accuses another False accusation of a person with intent that crime or offence, with intent that the party so accused shall be held to party shall be answer any process, or be arrested on any process under the act of held as fugitive congress passed September eighteenth, A. D. eighteen hundred and fifty, When made by entitled, "An Act to amend the act respecting fugitives from justice, and &c. persons escaping from the service of their masters," shall be punished by 1855, 116. fine of not less than one thousand, nor exceeding three thousand, dollars, and by imprisonment in the jail or house of correction not less than one year nor exceeding five years. A sheriff, constable, or other public officer, who makes such false or wilful accusation, with such intent, shall, Kidnapping, &c., R. S. 125, § 20. where to be prosecuted. R. S. 125, § 21. Poisoning food, medicines, springs, &c. 122122 108.487 9 Allen, 271. Assaults not before mentioned, how punished. R. S. 125, § 23. Loss of life by of carriers. 1840, 80. 11 Cush. 512. 5 Gray, 473. in addition to the above-named penalty, be forever disqualified from holding any office under the laws or constitution of this state. SECT. 30. Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this state against his will, or forcibly carries or sends such person out of this state, or forcibly seizes and confines, or inveigles, or kidnaps, another person, with intent either to cause him to be secretly confined or imprisoned in this state against his will, or to cause him to be sent out of this state against his will, or to be sold as a slave, or in any way held to service against his will; and whoever sells, or in any manner transfers, for any term, the service or labor of a negro, mulatto, or other person of color, who has been unlawfully seized, taken, inveigled, or kidnapped, from this state, to any other state, place, or country; shall be punished by imprisonment in the state prison not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding two years. SECT. 31. Every offence mentioned in the preceding section may be tried either in the county in which it is committed, or in any county in or to which the person so seized, taken, inveigled, kidnapped, or sold, or whose services are so sold or transferred, is taken, confined, held, carried, or brought; and upon the trial of any such offence, the consent thereto of the person so taken, inveigled, kidnapped, or confined, shall not be a defence, unless it is made satisfactorily to appear to the jury that such consent was not obtained by fraud, nor extorted by duress or threats. SECT. 32. Whoever mingles any poison with food, drink, or medicine, with intent to kill or injure another person, or wilfully poisons any spring, well, or reservoir of water, with such intent, shall be punished by imprisonment in the state prison for life, or any term of years. SECT. 33. Whoever assaults another with intent to commit burglary, robbery, rape, manslaughter, mayhem, or any felony, the punishment of which assault is not herein before prescribed, shall be punished by imprisonment in the state prison not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceed ing three years. SECT. 34. If the life of any person, being a passenger, is lost by reason negligence, &c., of the negligence or carelessness of the proprietor or proprietors of any steamboat, stage coach, or of common carriers of passengers, or by the unfitness or gross negligence or carelessness of their servants or agents, See ch. 63, § 97. such proprietor or proprietors, and common carriers, shall be punished 1864, 229, $37. by fine not exceeding five thousand, nor less than five hundred, dollars, to be recovered by indictment, and paid to the executor or adminis trator, for the use of the widow and children of the deceased in equal moities; but if there are no children, to the use of the widow, and if no widow, to the use of the next of kin. 12 Gray, 174. 13 Allen, 589. Negligence, ances. 1853, 418. Drivers of stage coaches, &c., leaving horses &c. SECT. 35. Whoever, having management or control of or over any steamboat or other public conveyance used for the common carriage of persons, is guilty of gross carelessness or neglect in, or in relation to, the conduct, management, or control, of such steamboat or other public conveyance, while being so used for the common carriage of persons, shall be punished by fine not exceeding five thousand dollars, or by imprisonment in the jail not exceeding three years. SECT. 36. If a driver of a stage coach or other vehicle, for the con veyance of passengers for hire, when a passenger is within or upon such without charge, coach or vehicle, leaves the horses thereof without some suitable person to take the charge and guidance of them, or without fastening them in a safe and prudent manner, he may be punished by imprisonment in the jail not exceeding two months, or by fine not exceeding fifty dollars. R. S. 51, § 4. SECTION CHAPTER 161. OF OFFENCES AGAINST PROPERTY. 1. Burning dwelling-house, &c. 2. Burning in night meeting-house, &c., of value of $1000; barn, &c., within curtilage, &c. 3. 4. same in day time. buildings of less value than $1000, &c., or bridge, ship, &c. 5. wood, fences, corn, grain, trees, soil, &c. 6 Wife liable for burning property of husband. 7. Burning property insured to injure the insurers. 8. Cutting, &c., bell rope, engine, &c., within twenty-four hours of fire. 9. same at time of fire, or preventing alarm or extinguishing of fire. 10. Burglary, being armed, or making an assault. 11. not being armed, &c. 12. Breaking in night building or ship, with intent, &c. 13. Entering in night without breaking, or breaking and entering in day time, &c. 14. Entering dwelling-house in night, or breaking, &c., without putting in fear. 15. Stealing in a building, ship, &c. 16. in a building on fire, or at a fire. 17. Larceny from the person. 18. Larceny of property exceeding in value $100. Not exceeding $ 100. 19. Larceny, or destruction, &c., of will, &c. 20. Allegation of value, &c., not required. 21. Stealing property of value of $5. 22. Second conviction, or conviction at same term of three larcenies. 23. Larceny of paper designed for bank bills, &c., with intent to pass, &c. 24. Printers, &c., retaining such paper, &c., with intent to pass, &c. 25 Larceny of things annexed to the realty. 26. Accessory to such larceny. 37. 38. by town, city, or county officers. 39. by officers, &c., of banks. 40. Taking by accomplice deemed taking by officers, &c. 41. Embezzlement, &c., by carriers and others. 42. Indictment and evidence. What will not be a variance. 43. Buying, receiving, &c., stolen goods. 44. Effect of restitution of stolen property bought, &c. 45. Receiver of stolen goods tried before thief is convicted. SECTION 46. Buying, &c., of embezzled goods, &c. 47. Second conviction and several offences. Common receiver. 48. Unlawful taking of animals, &c., but not with intent to steal, &c. 49. Issuing, &c., certificates of stock, bonds, &c., beyond amount authorized. 50. Fraudulently issuing or transferring certificates of stock, &c. 51. Making false entries, &c., in books of a corporation. 52. Books of corporation evidence. 53. Falsely personating another, &c. 54. Obtaining property by false pretences or tokens. 55. Forging, &c., private labels, trade marks, &c. 56. Selling wares having forged stamps, &c. 57. Obtaining property by tricks at cards, &c. 58. Gross frauds, &c., at common law. 59. Conveying land encumbered, without notice of 67. Wilful injury, &c., to school-house, church, &c., or the furniture, &c., and appurtenances thereof. 68. to house, &c., by exploding gunpowder, &c. 69. Throwing explosive substances into dwellings, &c. 70. oil of vitriol, coal tar, &c. Proviso. 72. Malicious injury to dams, reservoirs, canals, &c. 73. Wilful injury, &c., to ice where taken as merchandise. 74. to bridges, turnpike gates, &c. 75. Passing, &c., toll-bridges, without paying. 76. Wilfully destroying vessels to defraud the owner or insurer. 77. Fitting out vessels with intent to destroy them, &c. 78. Making false invoices, &c., of cargo, to defraud insurer. 79. Making or procuring false protest, &c. 80. Malicious killing, maiming, or poisoning, cattle. 81. Wilful trespasses by cutting timber, wood, grain, &c. 82. Destroying fruit and ornamental trees, &c., injuring houses, fences, &c. 83. Destroying trees, &c., or stealing, &c., in gardens, &c. 84. Wilful trespasses by entering gardens, orchards, &c., with intent, &c. How, when done on the Lord's day, or secretly. 85. Other malicious injuries to personal prop erty. |