Attempting te ait coin b to note with 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 pas any coun- or counterfeit coin or coins, knowing them to be such; or shall or attempt to pass any false, forged, and counterfeited bank note 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. knowledge Selling without title. land In trials for mur certain the de. gree of murder &c Sec. 32. That if any person shall knowingly sell, and convey, any tract or parcel of land, without having a title to the same either in law or equity, evidenced by a written contract, devise, 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. Sec. 33. That in all trials for murder, the jury before whom der, jury to as such trial is bad, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it be murder in the first 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. Accessories, how punished tried in the coun Sec. 34. That if any person shall aid, abet, or procure any 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 life, 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 ty where mortal State, with intent to kill, and the party so stricken [or poisoned,] blow, &c. be gi and shall thereof afterwards die, in any other county or State; person die in the person giving such mortal blow, or administering such poianother county son, may be tried and convicted of murder or manslaughter, (as the case may be,) in the county where such mortal blow was given, or poison administered. ven, though the poison with in that intent, &c Ses. 36. That if any person or persons shall administer poison to another, with intent to destroy or take [the] life of the Administering person 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 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. convicted, Sec. 37. That in all cases where any person shall be, con- When Judgment Punishment t 1 of Sec. 38. That the mode of inflicting the punishment of, death, in all cases under this act, shall be by hanging by the death by hang. neck until the person is dead: and the sheriff, and, in case of tng, sheria to be his death, inability, or absence, the coroner of the proper county in which sentence of death shall be pronounced by this act, shall be the executioner. executioner Sec. 39. That any person sentenced to be punished for any convict disfranerime specified in this act, (whose sentence shall not be rever-chised, &e 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 Gover removed by gen nor of this State a general pardon, under his hand and the seal Disqualification Sec. 40. That "An act for the punishment of crimes," pas- Acts repeated Proviso in rela tion to crimes he. fore this aef takes effect sons might or ought to be prosecuted and punished, if this act had not passed. This act shall take effect and be in force from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. 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 in the night, and break open and enter any mansion house, shop, store, ship, boat 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 committing or The same in the day time and destruction Ahan fifty dollars or abuse, or shall be so armed with any dangerous weapon as to indicate a violent intention; 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, unlawfully break open and enter any mansion house, shop, store, ship, 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; he or she so offending, shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, and be imprisoned in the cel or dungeon of the jail of the county, and be fed on bread and water only, not exceeding twenty days, at the discretion of the court. Sec. 3. That if any person sha 1 steal any money, or other Petit larceny, goods and chattels of any kind whatever, of less value than of bank notes fifty dollars, the property of another; or shall steal or malietc, of less value ciously destroy any bank bill, promissory note, bill of exchange, order, warrant. draft, check or bond, given for the payment of any sum under fifty dollars, the property of another; every person so offending, on conviction thereof, shall make restitution to the party injured, in two fold the value of the property stolen, and be fined 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 be fed on bread and water only, during his or her confinement, for any time not exceeding thirty days: any, or all of the foregoing punishments, may be inflicted according to the aggravated nature of the offence: the sheriff shall receive twelve and a half pri cents only, per day, for thus subsisting the prisoner on bread soner on bread and water. Sheriff's fees for subsisting and water Concealing sto knowing Sec. 4. That if any person shall conceal any stolen money, len goods or mogoods or chattels of any kind whatever, of less value than fifty ney of less value doilars; the person so concealing, knowing the same to have than fifty dolbeen stolen, shall be considered as an aider, abettor or accom- 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 only, not exceeding ten days. Rigt warn rioters to aid the power of 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 officers to ces aforesaid, it shall be the duty of all judges, justices of the disperse, and peace and sheriffs, and all ministerial officers, immediately, may call to their upon actual view, or as soon as may be, on information, to make the county 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, i 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 refusing mediate assistance, shall each, upon conviction thereof, be fined in any sum not exceeding twenty-five dollars. assistance, to be tinuing together punished Sec. 7. That if any person shall forcibly obstruct any of Obstructing authe authorities aforesaid, or if any three or more persons thorities, or con. shall 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 of no proclamation, any three or more persons, being assem bled 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 only, not exceeding thirty days; and shall, moreover, find security for good behaviour, and to keep the peace, for a time not exceeding one year. T Sec. 8. That if any of the persons so unlawfully assembled, If any rioter be shall be killed, maimed, or otherwise injured, in consequence killed in resist of resisting the judges or others in dispersing and apprehending peace officers, the slayer ing, or in attempting to disperse and apprehend them, said held guiltless judges, justices of the peace, sheriffs and other ministerial officers, 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." Proviso the execution of their offices 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 sing officers in officer, in the execution of his office; the person so offending shall, upon conviction thereof, be fined in any sum 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 twenty days, or both, at the discretion of the tery Officer demand court. Sec. 10. That if any person shall unlawfully assault or Assault and bat- threaten another in a menacing manner, or shall unlawfully 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, ing or receiving jailor, or other officer of this State, either judicial or ministe fees, rial, shall knowingly ask, demand or receive, any fee or reward 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 sum 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 of ten days, or both, at the discretion of the court; and for seven years years thereafter, be incapable of holding any office of honor,. profit or trust, in this State. unlawful how punished Incapable holding office for seven Obtaining mo. king fraudulent perty Sec. 12. That if any person, by any false pretence or pretences, shall obtain from any other person, any money, goods, ney, etc. by false merchandise or effects whatsoever, with intent to cheat and pretences, or ma defraud such person of the same; or shall fraudulently make transfers of pro. and transfer any bond, bill, deed of sale, gifts, grants, or other 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. Usurpation of, Sec. 13. That if any person shall take upon himself to exor oppression in ercise or officiate in any office or place of authority, in this office |