P. L. 422.

any registry, acknowledgment or certificate; or shall alter, deface or falsify any 31 March 1860 § 171. minute, document, book or any proceeding whatever of or belonging to any public office within this commonwealth; or if any person shall cause or procure any of the offences aforesaid to be committed, or be in anywise concerned therein; he shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding two thousand dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding seven years; and if a public officer, he shall be removed from said office, and the same be declared vacant by the court passing sentence upon him.(v)

210. If any prothonotary, clerk, register, public officer or other person, shall 31 March 1860 § 15. fraudulently make a false entry in, or erase, alter, secrete, carry away or destroy P. L. 387. any public record, or any part thereof, of any court or public office of this common- Making false enwealth,(w) such person shall be guilty of a misdemeanor, and on conviction, tries, and destroyshall be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo ing or abstracting an imprisonment, by separate or solitary confinement at labor, not exceeding two years.(z)

public records.

P. L. 1230.

Summary conviction of professional forgers.

able.

P. L. 439.

211. The provisions of an act, entitled "An act to authorize the arrest of profes- 18 April 1867 § 1. sional thieves, burglars, et cetera, in the city of Philadelphia," approved the 13th day of March 1862, be and the same are hereby extended to authorize the arrest and commitment of professional counterfeiters and forgers. 212. Upon the trial of any indictment for making or passing, and uttering any 31 March 1860 § 55. false, forged or counterfeited coin, or bank-note, the court may receive in evidence, to establish either the genuineness or falsity of such coin or note, the oaths or Evidence of expert affirmations of witnesses who may, by experience and habit, have become expert witnesses receivin judging of the genuineness, or otherwise, of such coin or paper, and such testimony may be submitted to the jury, without first requiring proof of the handwriting or the other tests of genuineness, as the case may be, which have been heretofore required by law; and in prosecutions for either of the offences mentioned or described in the 164th, 165th, 166th and 167th sections of the "act to consolidate, revise and amend the penal laws of this commonwealth," the courts shall not require the commonwealth to produce the charter of either of said banks, but the jury may find that fact upon other evidence, under the discretion of the

court.

XL. Fornication and bastardy.

P. L. 392.

213. If any person shall commit fornication, (y) and be thereof convicted, he or 31 March 1860 § 37. she shall be sentenced to pay a fine, not exceeding one hundred dollars, to the guardians, directors or overseers of the poor of the city, county or township where Fornication and the offence was committed, for the use of the poor of such city, county or town- bastardy. ship;(2) and any single or unmarried woman having a child born of her body, the same shall be sufficient to convict such single or unmarried woman of fornication;

and the man by such woman(a) charged to be the father of such bastard child, (b) Charge of patershall be the reputed father, and she persisting in the said charge, in the time of nity. her extremity of labor, (c) or afterwards in open court, upon the trial of such person so charged, the same shall be given in evidence, in order to convict such person of fornication; (d) and such person being thereof convicted, shall be sentenced, in addition to the fine aforesaid, to pay the expenses incurred at the birth of such child, (e) and to give security, (g) by one or more sureties, and in such sum

(v) This section is an amendment of the act of 1700. 1 Sm. 4. Report on the Penal Code 36.

(w) Every registry or enrolment, directed by law, and preserved for the use of the public, is protected by this act. Ream v. Commonwealth, 3 S. & R. 207.

(2) This section is taken from the Province law of 1700, 1 Sm. 4, of which it forms a part. That part of the act of 1700, which is not embraced in this section, will be found in another part of the act, under the head of " Embezzling or corrupting records." The title to so much property, and so many varied interests, depends on the integrity of the public records, that a vigorous and resolute protection is required to be extended to their sanctity. Report on the Penal Code 15.

(y) The term "illicit intercourse," in an indictment for conspiracy to cause a female to commit fornication, is a sufficient designation of the offence. Commonwealth v. Deschamps, Q. S. Phila. 3 June 1854, MS.

(2) An action of debt does not lie upon the sentence of the court of quarter sessions. Eby v. Burkholder, 17 S. & R. 9. But debt lies upon a recognizance given in pursuance of the sentence. Commonwealth v. Hoch, 1 Wood. 332.

(a) A man may be convicted of bastardy with a married woman, if non-access of the husband be proved. Commonwealth v. Shepherd, 6 Binn. 283. Or his impotence be clearly and fully established. Common

wealth v. Wentz, 1 Ash. 269. And the wife is a competent witness to prove the criminal connection, but not the non-access of the husband. Commonwealth v. Shepherd, 6 Binn. 283.

(b) In an indictment for fornication and bastardy, an omission to state the sex of the child is fatal. Simmons v. Commonwealth, 1R. 142. Commonwealth v. Pintard, 1 Bro. 59.

(c) If the mother die in child-birth, her declarations as to the paternity of her child, are not evidence, as death-bed declarations. Commonwealth v. Reed, 5 Phila. 528. See Commonwealth v. Betz, 2 Wood. 310.

(d) See Commonwealth v. McCarty, 2 Clark 351. Commonwealth v. Fritz, 4 Ibid. 219. Commonwealth v. Hoover, 3 Ibid. 514, Commonwealth v. Parr, 5 W. & S. 345. On an indictment for seduction, the defendant may be convicted of simple fornication. Dinkey v. Commonwealth, 17 P. S. 126.

(e) The court allow for lying-in charges, and direct payment of a gross sum for the support of the child, from its birth to the rendition of the judgment; and if the person who incurred the expenses is dead, the money may be awarded to his legal representatives. Sheffer v. Rempublicam, 3 Y. 39. The prosecutrix cannot maintain an action against the constable for an escape, before conviction; but after sentence she may do so. Booz v. Engarman, 18 P. S. 263. Downing v. Commonwealth, 21 Ibid. 215. See Hellings v.

P. L. 392.

31 March 1560 § 37. as the court shall direct, to the guardians, directors or overseers of the poor of the city, county or township where such child was born, to perform such order for the maintenance (h) of the said child, as the court before which such conviction is had shall direct and appoint.(i)

Ibid. § 38. Place of trial for the offence.

8 April 1861 § 1. P. L. 270.

Chiromancy, astrology, necromancy, &c.

Ibid. § 12. Fortune-telling.

Ibid. § 3.

Advertisements to be evidence.

Ibid. § 4. Witnesses.

Ibid. § 5. Administering love-potions.

Ibid. § 6.

Other similar offences.

Amey, 1 Wh. 63. 320.

214. If a bastard child is begotten out of the state, and born within the state, or begotten within one of the counties of this state, and born in another, (k) in the latter case, the prosecution of the reputed father shall be in the county where the bastard child shall be born, and the like sentence shall be passed as if the bastard child had been or shall have been begotten within the same county; and in the former case, viz.: of a bastard begotten without the state and born within it, the like sentence shall be passed, except in the imposition of a fine, which part of the sentence shall be omitted.

XLI. Fortune-telling.

215. Any person who shall pretend, for gain or lucre, to predict future events, by cards, tokens, the inspection of the head or hands of any person, or by any one's age, or by consulting the movements of the heavenly bodies; or who shall, for gain or lucre, pretend to effect any purpose by spells, charms, necromancy or incantation, shall be guilty of a misdemeanor, punishable by any court of quarter sessions in this commonwealth with fine and imprisonment, or both, or either, at the discretion of the court; the first offence shall be punished with not more than two years' imprisonment, nor less than fifteen days, and a fine of not more than one hundred, nor less than ten dollars; the second offence, with any term of imprisonment and fine, not exceeding five years, or five hundred dollars, as the court may deem proper.

216. Whosoever shall pretend, for lucre or gain, to tell fortunes, or foretell future events, by other means than those aforesaid, shall be guilty of a misdemeanor, to be prosecuted as offences against public law are now prosecuted in this commonwealth, and to be punished as is provided in section first of this act.

217. If any person or persons shall publish by card, circular, sign, newspaper or any other means whatsoever, that he or she shall or will predict future events, the said publication may be given in evidence to sustain an indictment under the first

and second sections of this act.

218. Any person whose fortune may have been told as aforesaid, shall be a competent witness against all persons charged with any violation of the provisions of this act.

219. Any person or persons who shall advise the taking or administering of what are commonly called love-powders or potions, or who shall prepare the same, to be taken or administered, shall be guilty of a misdemeanor, and shall be punished as is provided in section one of this act.

220. Any person or persons who shall pretend, for lucre or gain, to enable any one to get or to recover stolen property, or to tell where lost articles or animals are, or to stop bad luck, or to give good luck, or to put bad luck on any person or animals, or to stop or injure the business of any person, or to injure the health of any person, or to shorten the life of any person, or to give success in business, enterprise, speculation, lottery, lottery-numbers or games of chance, or win the affections of any person whatever, for marriage or seduction, or to make one person marry another, to induce any person to alter or make a will in favor or against any one, or to tell the place where treasure, property, money or valuables are hid, or to tell the place where to dig or to search for gold, metals, hidden treasures or any other article, or to make one person dispose of property, business or any valuable thing in favor of another, shall be guilty of a misdemeanor, punishable, under the provisions of this act, in any court of quarter sessions; and the party or parties who may have consulted such persons as have pretended to do any of the acts aforesaid, shall be competent witnesses in all proceedings for the breach or breaches of this act.

Smith v. Commonwealth, 59 P. S.

(g) The defendant is not to be admitted to give security for the fine and costs; for these he is committed till he pays them. Goddard v. Commonwealth, 6 S. & R. 282.

(h) The period and amount of maintenance is left to the judgment of the court. Addis v. Commonwealth, 4 Binn. 541. The court may decree the maintenance to be paid to any person, other than the mother, in their discretion. Commonwealth v. Strayer, cited 43 P. S. 61. A bond, conditioned "from time to time and at all times hereafter," to indemnify the county from all expenses which shall accrue by reason "of the birth, maintenance, education and bringing up of the child," is good. Hellings's Executors v. Directors of the Poor, 15 P. S. 409. One who sub

sequently marries the prosecutrix, cannot release the allowance for maintenance. Philippi v. Commonwealth, 18 P. S. 116. The putative father cannot relieve himself from liability on his bond, by offering to take the custody of, and maintain, the child. Directors v. Dungan, 64 P. S. 402.

(i) The 37th and 38th sections are the consolidation and amendment of the 2d, 3d and 8th sections of the act of 1705, 1 Sm. 27; and of the 6th section of the act 23 September 1791, 3 Sm. 41. Report on the Penal Code 19.

(k) Where a bastard is born in one county and was begotten in another, the conviction for fornication in the county where the child was begotten is a bar to to an indictment for bastardy in the county where the child was born. Commonwealth v. Lloyd, 141 P. S.

28.

XLII. Fraudulent accounts and statements.

P. L. 196.

221. If any person, being an officer, director, superintendent, manager, receiver, 12 June 1878 § 2. employé, agent, attorney, broker, or member of any body corporate or public company, or municipal or quasi municipal corporation, shall, as such, receive or possess Keeping frauduhimself of any money or other property of such corporate or public company, lent accounts. municipal or quasi municipal corporation, otherwise than in payment to him of a just debt or demand, and shall, with intent to defraud, omit to make, or cause or direct to be made, a full and true entry thereof in the books and accounts of such body corporate, public company, municipal or quasi municipal corporation, he shall be guilty of a misdemeanor. (1)

P. L. 196.

corporations.

222. If any officer, director, superintendent, manager, receiver, employé, agent, 12 June 1878 § 4. attorney, broker, or member of any bank or other body corporate or public company, municipal or quasi municipal corporation, shall make, circulate or publish, False statements or concur in making, circulating or publishing, any written or printed statement by officers, &c., of or account, which he shall know to be false in any particular, with intent to deceive or defraud any member, shareholder or creditor of such body corporate or public company, municipal or quasi municipal corporation, or with intent to induce any person to become a shareholder or partner therein, or to interest or advance any money or property to such body corporate or public company, or to enter into any security for the benefit thereof, (he) shall be guilty of a misdemeanor.(m)

XLIII. Gambling.

P. L. 397.

223. If any person shall set up or establish, or cause to be set up or established 31 March 1860 § 55. in any house, room, out-house, tent, booth, arbor or other place whatsoever, any game or device of address or hazard, with cards, dice, billiard-balls, shuffle-boards, Gambling-houses. or any other instrument, article or thing whatsoever, heretofore or which hereafter may be invented, used and employed, at which money or other valuable thing may or shall be played for, or staked or betted upon;(n) or if any person shall procure, permit, suffer and allow persons to collect and assemble in his house, room, outhouse, booth, tent, arbor or other place whatsoever, under his control, for the purpose of playing at, and staking or betting upon such game or device of address or hazard, money or other valuable thing; or if any person, being the owner, tenant, Leasing house for lessee or occupant of any house, room, out-house, tent, booth, arbor or other place gambling. whatsoever, shall lease, hire or rent the same, or any part thereof, to be used and occupied, or employed, for the purpose of playing at, or staking and betting upon such game or device of address or hazard, for money or other valuable thing; the person so offending in either of the enumerated cases, shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, not exceeding one year. The owner of When owner to be such house, room, out-house, tent, booth, arbor or other place whatsoever, who shall have knowledge that any such game or device of address or hazard, as aforesaid, has been set up in or upon the said premises, and shall not forthwith cause complaint to be made against the person who has set up or established the same, shall be deemed and held to have knowingly leased, hired or rented the said premises for the said unlawful purposes: Provided, That this act shall not be construed to apply to games of recreation and exercise, such as billiards, bagatelle, ten-pins, et cetera, where no betting is allowed.(0)

liable.

Ibid. § 56.

224. If any person shall keep or exhibit any gaming-table, establishment, device or apparatus, to win or gain money or other property of value, or aid, assist or Common permit others to do the same; or if any person shall engage in gambling for a gamblers. livelihood, or shall be without any fixed residence, and in the habit or practice of gambling; he shall be deemed and taken to be a common gambler, and upon conviction thereof, shall be sentenced to an imprisonment, by separate or solitary confinement at labor, not exceeding five years, and to pay a fine, not exceeding five hundred dollars.(p)

Ibid. § 57.

225. If any person shall, through solicitation, invitation or device, persuade or prevail on any other person to visit any room, building, arbor, booth, shed or tene- Enticing others ment, or other place kept for the use of gambling, such person shall be guilty of a houses.

(1) This is an amendment of the act 31 March 1860, § 117. By section 5 of this act, the punishment is fixed at a fine not exceeding one thousand dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding six years.

(m) This is an amendment of the act 31 March 1860, $119. By section 5 of this act, the punishment is fixed at a fine not exceeding one thousand dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding six years.

(n) A public gaming-house is a public nuisance at common law. United States v. Ismenard, 1 Cr. C. C. 150. United States v. Dixon, 4 Ibid. 107. United States v. Milburn, Ibid. 719. And it is so declared, by

to visit gambling

act 2 April 1870, infra 230. One who furnishes cards or other implements of gaming may be convicted under this section. Commonwealth v. Carson, 6 Phila. 381.

(0) See Lewis's Cr. L. 344. People v. Sergeant, 8 Cow. 140.

(p) The 55th, 56th, 57th, 58th, 59th, 60th and 61st sections are substantially the provisions of the act of 16 February 1847, P. L. 111. The 60th and 61st sections hereof are additions to the system created by the act of February 1847, and intended to give greater facilities to officers of justice, in extirpating this offence, so fraught with evil to the public morals. Report on the Penal Code 21.

P. L. 397.

31 March 1860 § 57. misdemeanor, and upon conviction thereof, be sentenced to pay a fine, not exceeding five hundred dollars; and besides, shall be civilly responsible and liable to pay back to any person induced by him to enter such gambling-house, any sum he may have lost at play therein.

Ibid. § 58.

No witness exempt from testifying.

Ibid. § 59.

Gambling apparatus to be liable to seizure.

Proceedings for that purpose.

Ibid. § 60.

Officers may seize warrant.

To make return thereof to the court.

Proceedings on return of seizure.

226. No witness shall be excused, under any allegation or pretence whatsoever, in any prosecution or proceeding for unlawful gambling, from giving his testimony touching the same; but no evidence given, or facts divulged by him, shall be used or employed against him in any criminal prosecution whatever.

227. If an affidavit be made and filed before any magistrate, before whom complaint has been made of the commission of either of the crimes provided against in the three preceding sections, setting forth that the affiant has reason to believe, and does believe, that the person charged in such complaint has upon his person, or at any other place named in said affidavit, any gaming-table, device or apparatus, (2) the discovery of which might lead to establish the truth of such charge, the said magistrate shall, by his warrant, command the officer who is authorized to arrest the person so charged, to make diligent search for such table, device or apparatus, and if found, to bring the same before such magistrate;(r) and the officer so seizing, shall deliver the same to the magistrate before whom he takes the prisoner, who shall retain possession, and be responsible therefor until the discharge, commitment or letting to bail of the person so charged; after which such officer shall retain such table, device or apparatus, subject to the order of the court before which such offender may be required to appear, until his discharge or conviction; and in case of the conviction of such person, the gaming-table, device or apparatus shall, by the direction of the court, be destroyed.

228. It shall and may be lawful for any sheriff, constable or other officer of justice, with or without warrant, to seize upon, secure and remove any device or and arrest without machinery of any kind, character or description whatsoever, used and employed for the purposes of unlawful gaming as aforesaid, and to arrest, with or without warrant, any person setting up the same. And it shall be the duty of such sheriff, constable or other officer, to make return, in writing, to the next court of quarter sessions of the proper county, setting forth the nature and description of the device or machine so seized upon, and the time, place and circumstances under which such seizure was made; and the said court, upon hearing the parties, if they should appear, if satisfied that such device or machine was employed and used for the purpose of unlawful gaming as aforesaid, shall adjudge the same forfeited, and order it to be publicly destroyed, and at the same time, order such reasonable costs and charges to the seizing officer, as they shall deem adequate and just, to be paid by the owner or possessor of such device or machine, or in case of his default, or in case he cannot be found, to be paid as costs are now paid by law upon indictments; and such adjudication shall be conclusive evidence to establish the legality of such seizure, in any court of this commonwealth, in any cause in which the question of its legality shall arise. And in any case in which a decree of forfeiture shall not be pronounced, if said court shall, upon the evidence, be satisfied that there was probable cause for the seizure, they shall certify the same, which certificate shall be a bar to any action brought against the officer for or on account of such seizure, in those cases in which the said officer returns, or offers to return such device or machine; and in all cases shall prevent a recovery in damages, for any sum beyond the real value of the device or machine seized.

Extent of officer's liability.

Ibid. § 61.

229. No writ of replevin shall issue for any device or machine, seized as aforesaid, nor shall any action be instituted for or on account of such seizure, until No replevin to is the court shall have first adjudicated upon the premises; but such writ or action shall forthwith, on motion, be quashed and abated by the court in which it shall be sued or brought.

sue for gambling

apparatus seized.

2 April 1870 § 1. P. L. 46.

Keeping gamingtables and selling lottery tickets nuisances.

31 March 1860 § 74. P. L. 402.

230. The 73d section(s) of the act to which this is a supplement shall be extended to apply to any person who shall be legally indicted, in any court of criminal jurisdiction within this commonwealth, of the crime of keeping or exhibiting any gaming-table, device or apparatus to win or gain money or other property of value, or of engaging in gambling for a livelihood, or of aiding and assisting others to do the same; and also to any person who may be legally indicted in any such court of selling tickets or policies in any unlawful lottery.

XLIV. Homicide.

231. All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing,(t) or which

(7) It seems, that game-cocks are not hereby included. Coolidge v. Choate, 7 Law Rep. 412; s. c. 11 Met. 79.

(r) See Watkins v. Blake, 6 Law Rep. 510. (s) See infra sub-tit. "Nuisances."

(t) Murder in the first degree is where a felonious and malicious homicide is committed, with a specific intent to take life. Johnson v. Commonwealth, 24

P. S. 386. Commonwealth v. Daley, 2 Clark 361. Pennsylvania v. Lewis, Add. 283. Commonwealth v. Crause, 4 Clark 500. Commonwealth v. Dougherty, 1 Bro. App'x, xviii. Whart. on Hom. 413. Commonwealth v. Smith, 7 Sm. L. 696. The deliberation and premeditation required by the statute, are not upon the intent, but upon the killing. Keenan v. Commonwealth, 44 P. S. 55. Small v. Commonwealth, 91 Ibid.

shall be committed in the perpetration of, or attempt(u) to perpetrate any arson, 31 March 1860 § 74. rape, robbery or burglary, (v) shall be deemed murder of the first degree, (w) and all other kinds of murder shall be deemed murder of the second degree; (x) and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder of the first or second degree;(y) but if such person shall be convicted by confession, the court shall proceed, by examination of witnesses, to determine the degree of the crime, and to give sentence accordingly.(z)

232. Every person convicted of the crime of murder of the first degree, his 31 March 1860 § 75. aiders, abettors and counsellors, shall be sentenced to suffer death, by hanging by the neck; and it shall be the duty of the clerk of the court wherein such conviction