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ther by death or imprisonment in the penitentiary, shall voluntarily suffer such offender to escape and go at large, every ministerial or other officer so offending shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time between the respective periods for which the offender so suffered to escape might have been imprisoned under this act, for the offence wherewith he was charged or whereof he was convict; and when any ministerial or other officer shall voluntarily suffer any person to escape, charged with or convict of treason or murder in the first degree, every person so offending shall, upon conviction thereof, be punished as for murder in the second degree.

Sec. 30. Be it further enacted, That if any Rescuing cri person or persons shall rescue by force any of minals how fender charged with or convicted of any offence punished

by this act declared criminal, and made pun, ishable either by death or imprisonment in the penitentiary, from any jail or other place of confinement, or from the custody of any officer or other person charged with the safe-keeping of such offender, every person so offending, his, her or their aiders, abettors and procurers, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time between the respective periods for which the offender so rescued might have been imprisoned under this act, for the offence wherewith he was charged or whereof he was convict and if the offender so rescued was char.. ged with or convict of treason or murder in the first degree, such rescuer shall, upon con

viction, be punished as for murder in the second degree.

escape

Sec. 31. Be it further enacted, That if any Persons aid person shall by any means whatsoever, be aiding ing prisoners or assisting to any prisoner confined in any jail, to penitentiary or other place of confinement, char. from prison how punish ged with, indicted for or convicted of any of ed fence against this state or sentenced to be imprisoned upon such conviction, to make or attempt to make his or her escape from such jail, penitentiary or other place of confinement, although no escape be actually made, every person so of fending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than three years nor less than six months.

10 escape

Sec. 32. Be it further enacted, That if any Attempt to person shall attempt, by bribery, persuasion, se- bribe an offiduction or other arts or means, to prevail upon cer to suffer any ministerial officer or other person, charged his prisoner with the safe-keeping of any offender accused or how punishconvicted of any offence by this act made crimi- ed nal, to permit such offender to escape from his or her custody, although no escape be actually made, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time hot more than five years nor less than six months.

stolen

punished

how

Sec. 33. Be it further enacted, That if any Concealers person or persons shall receive or buy any goods of or chattels that shall be stolen or taken by rob. goods bery, of the value of ten dollars and upwards, from any other person, knowing the same to have been so stolen or taken by robbery; or shall receive, harbor or conceal any thief, knowing him or her to be such, every person so offending

Horse steal

shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than seven years nor less than six months.

Sec. 34. Be it further enacted, That if any ing how pun person shall steal any horse, mare or gelding, ished foal or filly, ass or mule; or if any person shall receive or buy any horse, mare or gelding, foal or filly, ass or mule; or if any person shall receive or buy any horse, mare or gelding, foal or filly, ass or mule, that shall be stolen from any other person, knowing the same to be stolen; or if any person shall harbor or conceal any horsethief, knowing him to be such, every person so offending, in any one of the cases above described, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than fourteen years nor less than three years.

ed

Sec. 35. Be it further enacted, That if any Burning hay stacks, &c. person shall wilfully and maliciously burn or how punish cause to be burned any barrack or stack of hay; crib of corn, stack of wheat, rye, oats, barley, flax, hemp or any kind of fodder or grain; or any fences, piles of wood, boards, plank or scantling or square timber, the property of another, of the value of fifteen dollars or more, such person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be confined in the penitentiary, at hard labor, for any term of time not more than seven years nor less than one year and if any person shall seDestroying bridges, kill cretly, wilfully and maliciously demolish, cut ing animals, down or destroy any part of any public or toll&c. how pun bridge; kill or destroy any horse, mare, foal or filly, mule or ass, sheep, bull, cow, ex, steer or

ished

heifer of the value of ten dollars or upwards, the property of another, such person shal, upon conviction thereof, be imprisoned in the peni. tentiary, at hard labor, for any time not more than five years nor less than one year: Provided always, That nothing in this section contained shall be so construed as to extend to any person who shall kill any of the before mentioned animals trespassing within his own enclosures, and shall not afterwards attempt to conceal the fact.

trees

Sec. 36. Be it further enacted, That if any Destroying person of the age of sixteen years or upwards, fruit shall wilfully and maliciously cut down, saw, how punishbark or otherwise injure or destroy any fruit- ed trees growing in any nursery, garden, yard or orchard, the property of another, to the value of ten dollars or upwards, every person so offending shall be deemed guilty of a misde. meanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than three years nor less than six months.

Counterfeit

ing god or

in

Sec. 37. Be it further enacted, That if any person shall stamp or otherwise counterfeit any of the coin of gold, silver or copper currently silver passing in this state; or shall utter and put off how punish | any such counterfeit coins, knowing them to ed be base and counterfeit; or shall make any jastrument for counterfeiting any of the coins aforesaid, or shail aid or assist therein, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than ten years nor less than six months.

Sec. 38. Be it further enacted, That if any passing coun person shall attempt to pass any base and coun- terfeit coins

D

ed

how punish terfeit coins, knowing them to be such; or shall attempt to pass any false, forged or counterfeited bank notes, knowing them to be such, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than six years nor less than six months.

Sec. 39. Be it further enacted, That in all uty of court trials for murder, the jury before whom such jury on trial is had, if they find the prisoner guilty eof, shall ascertain in their verdict whether it be murder in the first or second degree; and if such prisoner be convicted by confession in open court, the court shall proceed by examination of witnesses, to determine the degree of the crime, and shall pronounce sentence accordingly.

Aiders and

Sec. 40. BE it further enacted, That if any abettors how person shall aid, assist, abet or procure any opunished ther person to commit any one of the offences by this act declared criminal, and punishable by death or imprisonment in the penitentiary, every person so offending shall be deemed guilty of a misdemeanor, and shall be imprisoned in the penitentiary, at hard labor, for any space of time between the respective periods for which the principal offender could be imprisoned for the principal offence; or if the principal offender would, upon conviction, be punished with death, then such aider, assister, abettor or procurer, upon conviction, shall in like manner suffer death and if in any case the principal offender cannot be taken so as to be prosecuted and convicted of any such offence, yet nevertheless it shall and may be lawful to prosecute and punish every such person aiding, assisting, abetting or procuring the commission of any

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