penalties, shall forthwith pay the same into the proper office where by law they ought to be paid; and if any officer, judicial, executive or ministerial, shall refuse or neglect, for the space of three months, to pay over any fine, forfeiture or penalty, or any part thereof, which may have come to his hands, to the proper officer to whom by law the same ought to be paid or delivered, he shall be fined treble the value or amount of the fine, forfeiture or penalty so withholden or not paid over. SECTION CHAPTER 212. OF OFFENCES AGAINST THE PERSON. 1. Murder, how to be punished. 2. Manslaughter, how. 3. Robbery, how. 4. Rape, how. 5. Slitting nose, &c., with intent to disfigure, how. 6. Engaging in duel, how. 7. Challenging or accepting challenge to duel, how. 8. Inhabitant of state, fighting duel out state, by agreement made in the state, and wounding, so that person dies in state, of what to be tried and where, and how punished. 9. Seconds in such case, how and where. 10. Plea of autrefois acquit in such case. 11. Poisoning food, drink and medicine, with intent to kill or injure, how to be punished. SECTION 12. Malicious threatening to accuse of crime, or threatening injury, by writ ing, to extort money, &c., how. 13. Assault, with intent to commit murder, robbery, rape, burglary and crime against nature, how. 14. Assault with dangerous weapons, how. 15. Malicious gouging, cutting off, and disabling limb, how. 16. Assault or battery, how. 17. Kidnapping citizen of state, how. 19. Executive officers forbidden to arrest SECTION 1. Every person who shall commit murder, shall be imprisoned for life. SEC. 2. Every person who shall be convicted of manslaughter, shall be imprisoned not exceeding twenty years. SEC. 3. Every person who shall be convicted of robbery, shall be imprisoned for life, or for any term not less than five years. SEC. 4. Every person who shall be convicted of rape, shall be imprisoned for life, or for any term not less than ten years. SEC. 5. Every person who shall be convicted of putting out an eye, slitting the nose, ear or lip, or of cutting off or of biting off, or of disabling any limb or member of another, with malice aforethought, and with intent to maim or disfigure such other, shall be imprisoned not exceeding ten years, nor less than one year. SEC. 6. Every person who shall be convicted of voluntarily engaging in a duel, with any dangerous weapon, to the hazard of life, shall be imprisoned not exceeding seven years, nor less than one year. SEC. 7. Every person who shall be convicted of challenging another to fight a duel, with any dangerous weapon, to the hazard of life, and every person who shall be convicted of accepting a challenge to fight such duel, though no duel be fought, shall be imprisoned not exceeding seven years, nor less than one year. SEC. 8. Every person, being an inhabitant of or resident in this state, who shall fight a duel without the jurisdiction of this state, by previous appointment or engagement made within the same, and in such duel shall inflict a mortal wound upon any person, whereof the person so injured shall afterwards die within this state, shall be deemed guilty of murder within this state; and may be indicted, tried, convicted and sentenced in the county in which such death shall happen. SEC. 9. Every person, being an inhabitant of or resident in this state, who shall, by previous appointment or engagement made within the same, be the second of either party in any such duel as is mentioned in the next preceding section, and shall be present as the second when such mortal wound is inflicted, whereof death shall ensue within this state, shall be deemed to be an accessory before the fact, to the crime of murder within this state; and may be indicted, tried, convicted and sentenced within the county where the death shall happen. SEC. 10. Any person indicted under either of the two sections next preceding, may plead a former conviction or acquittal of the same offence, in the state or country in which such duel was fought; and such plea, if admitted or established, shall bar all further proceedings against such persons for the same offence within this state. SEC. 11. Every person who shall mingle any poison with any food, drink or medicine, with intent to kill or injure any person, and any person who shall wilfully poison any spring, well, or reservoir of water with such intent, and shall be thereof convicted, shall be imprisoned for life, or for any term of years. SEC. 12. If any person shall maliciously threaten to accuse another of any offence, or shall by any written or printed communication threaten any injury to the person or property of another, with intent thereby to compel the person so threatened to do any act against his will, or with intent to extort money or any pecuniary advantage, and shall be thereof convicted, he shall be imprisoned not exceeding two years, or fined not exceeding five hundred dollars. SEC. 13. Every person who shall be convicted of making an assault, with intent to commit murder, robbery, rape, burglary, or the abominable and detestable crime against nature, shall be imprisoned not exceeding twenty years, nor less than one year. SEC. 14. Every person who shall be convicted of making an assault, or battery, or both, with a dangerous weapon, shall be imprisoned not exceeding two years. SEC. 15. Every person who shall be convicted of pulling out or putting out an eye of another, voluntarily, maliciously, and of purpose, or of cutting off or otherwise disabling any limb or member of any other person, maliciously, and of purpose, shall be imprisoned not exceeding five years, nor less than one year. SEC. 16. Every person who shall be convicted of making an assault, or battery, or both, shall be imprisoned not exceeding one year, or fined not exceeding one thousand dollars. SEC. 17. Every person who shall be convicted of transporting or carrying, or of causing to be transported or carried, by land or water, any citizen of this state, or any other person lawfully residing or inhabiting therein to any place without the limits of this state, without his consent or voluntary agreement, except in order to remove such person from one part of the state to another part of the same, or for the purpose of defending the same in time of war, agreeably to law, or except such person be sent by due course of law, shall be imprisoned not exceeding ten years, nor less than one year. SEC. 18. No judge, justice, magistrate or court whatsoever of this state, shall grant any certificate or warrant to, or otherwise in any manner officially aid any person claiming or pursuing another as a fugitive slave, either under the act of congress, approved February 12th, 1793, entitled "An act respecting fugitives from justice and persons escaping from the service of their masters," or under the act of congress, approved September 18th, 1850, entitled " An act to amend, and supplementary to," said act. SEC. 19. No sheriff, deputy sheriff, town sergeant, constable or other officer of this state, shall arrest or detain, or aid in the arrest or detention of any person claimed as a fugitive slave for or by reason thereof, or imprison such fugitive, as such, in any jail or other building belonging to this state, or to any city, town or village thereof. SEC. 20. Any justice of the peace, sheriff, deputy sheriff, town sergeant, constable, jailer or keeper of a jail, who shall violate any provision of the two sections next preceding, shall, for every such offence, be fined five hundred dollars, or be imprisoned not exceed ing six months. SECTION 1. If any persons to the number of twelve or more, being armed with clubs or other weapons, or if any number of persons consisting of thirty or more, shall be unlawfully, routously, riotously or tumultuously assembled, any justice of the peace, sheriff, deputy sheriff, town sergeant or constable, shall among the rioters, or as near to them as he can safely come, command silence while proclamation is making, and shall openly make proclamation in substance as follows: "The state of Rhode Island and Providence Plantations. "By virtue of the laws of said state, in relation to routs, riots, and tumultuous assemblies, I am directed to charge and command, and do accordingly charge and command all persons being here assembled, immediately to disperse themselves and peaceably to depart to their habitations or to their lawful business, upon the pains inflicted by said laws: God save the state." And if such persons assembled as aforesaid shall not forthwith disperse themselves, it shall be lawful for every such officer to command sufficient aid and to seize, arrest and secure in custody all such persons, so that they may be proceeded against according to law; and if any such persons shall be killed or wounded by reason of their resisting the persons endeavoring to disperse or seize them, the said justice, sheriff, deputy sheriff, town sergeant, constables and their assistants, shall be indemnified and held guiltless. SEC. 2. If any person being commanded by such justice, sheriff, deputy sheriff, town sergeant or constable as aforesaid, shall refuse or neglect to afford the assistance required, he shall be fined not less than seven dollars, nor more than thirty dollars. SEC. 3. All persons who, after proclamation made as aforesaid, shall unlawfully, routously, riotously and tumultuously continue together, or shall wilfully obstruct or hinder any such officer, who shall be known or shall openly declare himself to be such, from making such proclamation, shall be fined not exceeding one thousand dollars, or shall be imprisoned not exceeding one year; and if any such persons so riotously assembled, shall demolish or pull down, or begin to demolish or pull down any dwelling-house or other building, ship or vessel, they shall be fined or imprisoned as aforesaid. SEC. 4. If any person shall wilfully cut, deface or otherwise injure any public building, or fence, or other property belonging to this state, he shall on conviction thereof, be fined a sum not less than twice the amount of the damage done, unless that sum shall exceed twenty dollars; if it shall exceed that sum, he shall be imprisoned not exceeding one year. SEC. 5. Every person who shall be convicted of wilfully breaking any public or private lamp or lantern, which is already set up or hereafter shall be set up in either of the towns, shall, for every such lamp or lantern so broken, be fined not exceeding twenty dollars. 45* SECTION CHAPTER 214. OF OFFENCES AGAINST PRIVATE PROPERTY. 1. Arson, how to be punished. 2. Malicious burning of house, not arson, or of ship or vessel, dam, lock, bridge or flume, how. 3. Malicious burning of hay or corn stalks, lumber, &c., how. 4. Wilful burning of buildings, goods, &c., to injure insurer, how. 5. Married woman punishable for above crimes, though property burnt their husband's. 6. Setting fire to woods, how. 7. Burglary, how. 8. Breaking and entering other than dwelling-house or ship, with intent to commit murder, rape, robbery or larceny, how. 9. Entering dwelling-house in night time, and breaking and entering, or entering houses or ships in daytime, with intent to commit above crimes, how. 10. Larceny defined, and how to be pun- 11. Stealing from the person, how. 14. Obtaining money, &c., by false pre- 15. Embezzlement, how. 16. Embezzlement by officers of banks, how. SECTION 17. Fraudulent issue of stock, how. 19. Wilful cutting out tongue or dismem 20. Taking away, or maliciously injuring growing corn, vegetables, fruit or trees, buildings, &c., of another, how. 21. Power of officers to arrest and detain persons committing such mischief. 22. Robbing of fish-pots, weirs or nets, how. 23. Property stolen, how to be secured, returned and disposed of. 24. Malicious firing into baiting place for wild pigeons, how. 25. Strewing powder and sulphur on such baiting place, how. 26. Wilful placing any thing on railroad to hinder or impede passage of engine, car, &c., how. 27. Wilful cutting or breaking of tele- 28. Malicious destruction of or injury to, SECTION 1. Every person who shall be convicted of arson shall be imprisoned for life, or for any term not less than ten years. SEC. 2. Every person who shall be convicted of wrongfully or maliciously burning or otherwise destroying any dwelling-house or other building whatever, the burning whereof shall not be arson at common law, or any ship or vessel, dam, lock, bridge or flume, shall be imprisoned not exceeding ten years. SEC. 3. Every person who shall be convicted of maliciously and wilfully burning, or otherwise destroying any stack of corn, hay, grain, straw, corn stalks or husks, any flax, or fence, or fencing stuff, any pile or parcel of boards, timber or other lumber, or other property, except such the burning or destroying whereof is provided for in the two sections next preceding, shall be imprisoned not |