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aforesaid; and if any person shall engrave, cut, indent, or carve any piece or pieces of brass, copper, or any other metal for striking, printing, or altering any of the writing, printing or figures, of any bank note or notes, bill or bills, knowing them to be designed for that purpose, or shall knowingly have in his possession, and secretly keep the same for the purpose aforesaid: every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than ten, nor less than three years.

Sec. 31. That if any person shall attempt to pass any base Autempting to

any coun or counterfeit coin or coins, knowing them to be such; or shall 'sir roin or attempt to pass any false, forged, and counterfeited bank note knowledge

'or 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, and kept at hard labor, for not more than six, nor less than three years.

Sec. 32. That if any person shall knowingly sell, and conSelling land Witavat titlevey, any tract or parcel of land, without having a title to the

same either in law or equity, evidenced by a written contract, devisc, descent, or deed of conveyance, with intent to defraud the purchaser; every person so offending, shall be deemed guilty of a fraud, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more

than seven, nor less than three years. for mur. Sec. 33. Thai in all trials for murder, the jury before whom der, jury to as such trial is had, if they find the prisoner guilty thereof, shall

der ascertain in their verdict whether it be murder in the first c

or second degree, or manslaughter: 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.

Sec. 34. That if any person shall aid, abet, or procure any Accessories, bow

other person to commit any one of the offences by this act made criminal; every person so offending, shall, upon conviction thereof, be imprisoned in the penitentiary, and kept at hard labor, for any time between the respective periods for which the principal offenders could be imprisoned for the principal offence: or if such principal offender would, on conviction, be punishable with death, or be imprisoned for lise, then such aider, abettor or procurer, shall be imprisoned for life, or be punished with death, as the case may require.

Sec. 35. That if any person shall give any mortal blow, or Accused to be administer any poison, to another, in any county within this tried in the coun

porta, State, with intent to kill, and the party so stricken [or poisoned,] blow, fc. be gi and shall thereof afterwards die, in any other county or State; ven, though the the person giving such mortal blow, or administering such poianother county son, may be tried and convicted of murder or manslaughter, (as

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Str. 36. That if any person or persons shall administer poison to another, with intent to destroy or take [the] life of the Administering

poison with inperson or persons to whom the same shall be administered, or tent to kill, or to do him, her or them an injury; or if poison shall be prepared preparing it with

that intent, fc with the intent aforesaid, and the same shall be taken by any person or persons, whereby an injury to such person or persons may be done: the person or persons so offending, their aiders and abettors, 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 fifteen, nor less than three years.

Sec. 37. That in all cases where any person shall be con- When person victed of any offence, by this act declared criminal, the courtil shall declare, in their sentence, for what period of time, within declare in the the respective periods prescribed by law, such convict shall be sentence imprisoned at hard labor in the penitentiary; and shall, moreover, determine and declare, in their sentence, whether any, and for what period of time, such convict shall be kept in solitary confinement in the cells of the penitentiary; and shall render judgment against such convict for costs of prosecution, julgmerto and award execution thereon against the goods and chattels, lands and tenements, of said convict. Sec. 38. That the mode of inflicting the punishment of

Punishment of death, in all cases under this act, shall be by hanging by the death by bang. neck until the person is dead: and the sheriff, and, in case of Ing, sheriff to be his death, inability, or absence, the coroner of the proper coun-** ty in which sentence of death shall be pronounced by this act, shall be the executioner.

Sec. 39. That any person sentenced to be punished for any convict distan erime specified in this act, (whose sentence shall not be rever-chised, fe sed or annulled,) except under the third and twenty-fifth sections, shall be deemed incompetent to be an elector, juror or witness, or to hold any office of honor, trust or profit within this State, unless the said convict shall receive from the Governor of this State a general pardon, under his hand and the seal Disqualification of the State; in which case said convict shall be restored to all crap

d oll removed by genbis civil rights and privileges.

Sec. 40. That “An act for the punishment of crimes,” passed February twenty-sixth, cighteen hundred and twenty-four;

Acts repealed “An act to ainend the act, entitled 'An act for the punishment of crimes," passed January sixth, eighteen hundred and twentyseven; “An act to amend the act, entitled 'An act for the pun. ishment of crimes," passed February twenty-second, eighteen hundred and thirty; be, and the same are hereby repealed: Provided, That any person or persons, who may have commit. ted any crime, punishable under the provisions of the several acts hereby repealed, prior to the taking effect of this act, shall committed he. be prosecuted and punished according to the provisions of the ta acts hereby repealed, in the same manner such person or per

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This act shall take effect and be in force from and after the first day of June pexi.

JAMES M. BELL,
Speuker of the House of Representatives.

SAMUEL R. MILLER,
March 3, 1831.

Speaker of the Senate.

AN ACT for the punishment of certain offences therein named.

Sec. 1. Be it enacted by the General Assembly of the State of 'Housebreaking Ohio, That if any person shall, in the night season, unlawfully

he night, and break open and enter any mansion house, shop, store, ship, boat committing or attempting per or other water craft, in which any person shall reside or dwell, sonal violence, and shall commit, or attempt to commit, any personal violence &

or abuse, or shall be so armed with any dangerous weapon as to indicate a violent intenuon; the person so offending shall, upon conviction thereof, be tined in any sum not exceeding three hundred dollars, and be imprisoned in the cell or dungeon of the jail of the county, and be fed on bread and water only, not exceeding thirty days, at the discretion of the court.

Sec. 2. That if any person shall, in the day time, unlawfulThe same in the ju hrool non and enter

be ly break open and enter any mansion house, shop, store, ship, day time

boat or other water craft, in which any person shall or may dwell or reside, and shall commit, or attempt to commit, any personal abuse, force or violence; be or she so offending, shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, and be imprisoned in the cell or dungeon of the jail of the county, and be sed on bread and water only, not exceeding twenty days, at the discretion of the court.

Sec. 3. That if any person sha I steal any money, or other Petit Jarreny, goods and chattels of any kind whatever, of less value than and destruction of bank nutes fifty dollars, the property of another; or shall steal or malietc, of less value ciously destroy any barık bill, promissory note, bill of exchange, than fifty dollars

order, warrant, drast, check or bond, given for the payment of any suin under fifty dollars, the property of another; every person so offending, on convictio': thereof, shall make restitution to the party il:jured, in two fold the value of the property stolen, and befined in any sum not exceeding two hundred dollars, or shall be imprisoned in the county jail, in a dungeon or cell thereof, if such jail contain either, and shall he fed on bread and water only, during his or her coufinement, for any time not exceeding thirty days: any, or all of the foregoing

punishments, may be intlicted according to the aggravated na

for ture of the oflence: the sheriff shall receive Iwelve and a half subsisting pri cents only, per day, for tiaus subsisting the prisoner on bread soner on bread and water.

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Sec. 4. That if any person shall conceal any stolen money, Concealing sto.

len goods or mogoods or chattels of any kind whatever, of less value than ofty nevy of essent doilars; the person so concealing, knowing the same to have than fifty dol.

la:, knowing been stolen, shall be considered as an aider, abettor or accom

arder, abeilor Oracconl the same to be plice, and, on conviction thereof, shall be fined for every such stolen offence, in any sum not exceeding two hundred dollars, or shall be imprisoned in the county jail, in a dungeon or cell thereof, if any there be in such jail, and shall be fed on bread and water only during his or her confinement, for any term not exceeding thirty days, or either, or both, at the discretion of the court.

Sec. 5. That if three or more persons shall assemble together, with intent to do any unlawful act, with force and violence, against the person or property of another, or to do any unlawful act against the peace; or, being lawfully assembled, shall agree with each other to do any unlawful act as aforesaid, and shall make any movement or preparation therefor: the persons so offending shall, each, on conviction thereof, be fined in any sum not exceeding two hundred dollars, and be imprisoned in the cell or dungeon of the jail of the county, and fed on bread and water oply, not exceeding ten days.

Sec. 6. That whenever three or more persons shall be as- Judges and other sembled as aforesaid, and proceed to commit any of the offen- peace unicers 10

warn rioters to ces aforesaid, it shall be the duty of all judges, justices of the dish peace and sheriffs, and all ministerial officers, immediately, may call to their

aid the power of upon actual view, or as soon as may be, on information, to make, proclamation in the hearing of such offenders, commanding them, in the name of the State of Ohio, to disperse and depart to their several homes or lawful employments; and if, upon such proclamation, such persons shall not disperse and depart as aforesaid, it shall be the duty of such judges, justices of the peace and sheriffs, and all other ministerial officers, respectively, to call upon all persons near, and, il necessary, throughout the county, to aid and assist in dispersing and taking into custody all persons assembled as aforesaid: and military officers and others, called on as aforesaid, and refusing to render im- Persons resusing

assistance, to be mediate assistance, shall each, upon conviction thereof, be fined lined in any sum not exceeding twenty-five dollars.

Sec. 7. That if any person shall forcibly obstruct any of Ohstructing authe authorities aforesaid, or if any three or more persons shall 10

choll thorities, or con.

tinuing together continue together after proclamation made as aforesaid, or at- after proclama. tempted to be made and prevented by such rioters; or in case tion, &c. how

punished of no proclamation, any three or more persons, being assembled as aforesaid, shall commit any unlawful act as aforesaid: every such offender, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars, and imprisoned in the cell or dungeon of the jail of the county, and be fed on bread and water oply, not exceeding thirty days; and shall, moreover, find security for good behaviour, and to keep the peace, for a time not exceeding one year,

the county

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Sec. 8. That if any of the persons so unlawfully assembled, If any rioter he shall be killed, maimed, or otherwise injured, in consequence

of resisting the judges or others in dispersing and apprehendcers, the slayer ing, or in attempting to disperse and apprehend them, said

judges, justices of the peace, sheriffs and other ministerial offcers, and others acting by their authority, or the authority of either of them, shall be holden guiltless: Provided, Such kiiling, maiming or injury, shall take place in consequence of the use of necessary and proper means to disperse or apprehend any such persons so unlawfully assembled.

Sec. 9. That if any person shall abuse any judge or justice Resisting or abu. of the peace, resist or abuse any sheriff, constable, or other

in officer, in the execution of his office; the person so offending their offices shall, apon conviction thereof, be fined in any sum not exceed

ing two hundred dollars, or imprisoned in the cell or dungeon of the jail of the county, and be fed on bread and water only, not exceeding twenty days, or both, at the discretion of the court.

Sec. 10. That if any person shall unlawfully assault or Assault and bat. threaten another in a menacing manner, or shall unlawfully tery

strike or wound another; the person so offending shall, upon conviction thereof, be fined in any sum not exceeding one hundred and fifty dollars, or imprisoned in the cell or dungeon of the jail of the county, and be fed on bread and water only, not exceeding ten days, or both, at the discretion of the court: and shall, moreover, be liable to the suit of the party injured.

Sec. 11. That if any judge, justice, coroner, constable, Officer demand ing or receiving jailor, or other officer of this State, either judicial or ministeunlawful fees, rial, shall knowingly ask, demand or receive, any fee or reward

sed to execute and do his duty, other than is or shall be allowed by

the laws of this State: every person so offending shall, upon conviction thereof, be fined in any sam not exceeding two hundred dollars, or imprisoned in the cell or dungeon of the jail of

the county, and be fed on bread and water only, not exceeding Incapable of ten days, or both, at the discretion of the court; and for seven holdlag oflice for seven years.

or years thereafter, be incapable of holding any office of honor, profit or trust, in this State.

Sec. 12. That if any person, by any false pretence or preing mo. tences, shall obtain from any other person, any money, goods, ney, etc. by false merchandise or effects whatsoever, with intent to cheat and

mai defraud such person of the same; or shall fraudulently make transfers of pro- and transfer any bond, bill, dced of sale, gifts, grants, or other perty

conveyances, to defeat his creditors of their just demands: such person so offending shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, or be imprisoned in the cell or dungeon of the jail of the county, and be fed on bread and water only, not exceeding ten days, or both, at the

discretion of the court. ation of, Sec. 13. That if any person shall take upon himself to exor onpression in ercise or officiate in any office or place of authority, in this

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