or assisting

therein.

or silver coin, feited, or shall willingly aid or assist in forging or counterfeiting any gold or silver coin, current within this Commonwealth, by the laws or usages thereof; or if any person, knowing of such forging and counterfeiting, shall willingly aid or assist in passing, and rendering current as true, any such forged or counterfeit coin, and for that purpose shall, at any one time, possess any number not less than ten of similar pieces of false money or coin, forged and counterfeited to the similitude of the gold or silver money or coin current as aforesaid, with intent to utter the same as true, knowing the same to be false, forged and counterfeit, every person so offending in either of the particulars aforesaid, who shall be duly convicted thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment, for a term not exceeding one year, and by confinement afterwards to hard labour for and during his or her life.

Punishment

to the State

counterfeit

the same, &c.

SECT. 7. Be it further enacted, That if any person shall for bringing in- bring into this State, or shall possess within the same, any number of similar pieces of false money or coin, forged and coin, or for be- counterfeited as aforesaid, knowing the same to be false, forged ing possessed of and counterfeit, with intent to utter and pass the same as true; or if any person shall utter, pass, or tender in payment as true, any false money or coin, knowing the same to be false, being counterfeit, in the similitude of any gold or silver money, or coin current by law or usage within this Commonwealth, with intent to defraud any person or persons; every person so of fending, who shall be duly convicted thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for a term not exceeding three months, and by confinement afterwards, to hard labour, for a term not exceeding three years, or by a fine, not exceeding one thousand dollars, and by binding to the good behaviour for two years. And if, after one conPunishment for Viction as aforesaid, the same person shall be guilty a second time of the like offence, and shall be duly convicted thereof, or if any person before the Supreme Judicial Court, at the same term thereof, shall be charged and convicted of the said offence, in three several instances, then such person shall be adjudged to be a common utterer of counterfeit money, and shall be punished by solitary imprisonment for a term not exceeding one year, and by confinement to hard labour for a term not less than two years, and not exceeding ten years.

repetition of the offence.

Punishment

for making or mending any

tool to be used in counterfeit

ing coin.

SECT. 8. Be it further enacted, That if any person shall cast, stamp, engrave, form, make or mend, or shall knowingly possess any mould, pattern, dye, puncheon, engine, press or other tool or instrument, devised, adapted, or designed for the coining and making any false and counterfeit money or coin, in the similitude of the gold or silver money or coin, current within this Commonwealth, by the laws or usages thereof, with the intent to use and employ the same, or to cause or permit the same to be used and employed in coining and making any such false and counterfeit money and coin as aforesaid; every person so offending, shall be punished by solitary imprisonment

for such term, not exceeding three months, and by confinement afterwards to hard labour for such term not exceeding three years, or by a fine, not exceeding five hundred dollars, and by imprisonment in the common gaol for such term not exceeding one year, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence.

1814 ch. 95.]

SECT. 9. And be it further enacted, That for the preven- Governor aution and discovery of certain of the offences aforesaid, there thorized to give shall be allowed and paid at the public treasury, by the war- wards. rant of His Excellency the Governor, with the advice and consent of the Council, to be granted upon the certificate of the justice or justices of the Supreme Judicial Court,* before whom [* or Municithe conviction shall be, to the person or persons who shall in- pal Court-form and prosecute against any other person or persons, who shall be thereupon charged and convicted, the following rewards, that is to say, for any conviction of the crime of forging and making any false and counterfeit certificate, bill or note, in the similitude of any certificate, bill or note, payable to the bearer thereof, which hath been, or which shall be issued as aforesaid, for any debt of this Commonwealth, or by or for any bank or banking company within this State, by law established, or of the crime of forging and making any false and counterfeit coin, as aforesaid, for every person that shall be so convicted, the sum of sixty dollars; and for any conviction of the crime of possessing, with an intent to utter, or of knowingly uttering any such false and counterfeit certificate, bill, note, money or coin, the sum of forty dollars, for every person that shall be so convicted. And when it shall happen that two or more are the informers and prosecutors, in any one offence, the reward thereupon to be allowed shall be divided between them equally, or in such other proportions as the justice or justices, certifying as aforesaid, shall determine and appoint.

SECT. 10. Be it further enacted, That this Act shall take effect and be in force, from and after the first day of September next, and not before. [March 15, 1805.] Add. acts— 1814 ch. 95: 1818 ch. 110.

An ACT in addition to an Act to regulate the Inspection and Exportation of Pork, Chap. 121. passed March the eleventh, one thousand eight hundred and two, and to repeal a Part of the same.

1801 ch. 78.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That in addition to cargo pork, No. one, and No. two, Third quality there shall also be added a third quality of pork called cargo of pork. No. three, which shall consist of the merchantable parts of wholesome pork, of a quality inferior to good No. two pork, and the barrels shall contain two hundred pounds of pork each, and there shall not be any more than the merchantable parts of two carcasses of pork in one barrel, except where any of the legs are taken out, the same number of shoulder picces, and no more, may be added, making up the deficiency of weight, in better parts of a carcass of pork.

Certain pieces of pork not to be exported.

Packing of cargo No. three.

Part of former

SECT. 2. Be it further enacted, That the feet, ears and faces of pork (when separated from the cheek part of the head, or any other pieces prohibited by the Act to which this is in addition) shall not be exported under the brand Refuse, or any other brand approved or provided for the exportation of pork.

SECT. 3. Be it further enacted, That the inspector general and his deputies shall put up, or pack the third quality of pork, with the same care, and under the same rules and regulations, as are provided by law in the Act to which this is in addition for cargo No. one and No. two, branding the same No. three.

SECT. 4. And be it further enacted, That so much of the Act repealed. second section of the Act to which this is in addition, providing a refuse quality of pork, be, and the same hereby is repealed; and this law shall be in force and operation from and after the first day of April next. Provided however, it shall not extend to pork which is already put up and branded for exportation. [March 15, 1805.] Further add. acts-1815 ch. 9: 1820 ch. 34.

Chap. 122. An ACT in addition to an Act, entitled, "An Act for incorporating certain persons for the purpose of building a Bridge over Kennebeck River, at Fort-Western, in the Town of Hallowell. [March 15, 1805.] Further add. act--1806 ch. 57.

1795 ch. 36.

Chap. 123. An ACT providing for the Punishment of the Crimes of Murder, Manslaughter, fe

Col. L. 1646.

9 W. III. ch. 3. 5 Geo. I.

2 Geo. II. ch.5. 1784 ch. 9. 44.

Punishment of

murder, or be

ing accessary thereto before

the fact.

Punishment of

ter the fact. 1784 ch. 65.

same,

lonious Maims and Assaults, and Duelling, and for the Prevention thereof. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the That if any person shall commit the crime of wilful murder, or shall be present, aiding and abetting in the commission of such crime, or not being present, shall have been accessary thereto before the fact, by counselling, hiring, or otherwise procuring the same to be done, every such offender, who in the Supreme Judicial Court shall be duly convicted of either of the felonies and offences aforesaid, shall suffer the punishment of death. And the justices of the said court, before whom the conviction shall be, in cases of murder committed in a duel, shall, and in other cases may, at their discretion, further sentence and order the body of such convict to be dissected and anatomized. And in the case of such further sentence, it shall be the duty of the sheriff to deliver the body of the convict, being dead, to a professor of anatomy and surgery in some public college or seminary, when it shall be required in his behalf, and otherwise, to any surgeon or surgeons who shall be attending at the place of execution, to receive the body, and will engage for the dissection and anatomizing thereof.

SECT. 2. Be it further enacted, That if any person, after a accessaries af- wilful murder done and committed as aforesaid, shall be accessary thereto, by knowingly receiving, harbouring, comforting, concealing, maintaining, or otherwise unlawfully assisting any principal offender, or accessary therein before the fact; every such accessary after the fact, who shall be thereof duly convicted in the Supreme Judicial Court, shall be punished by so

litary imprisonment for such term, not exceeding six months, and by confinement afterwards to hard labour, for such term, not exceeding ten years, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence.

ter.

SECT. 3. Be it further enacted, That if any person shall Punishment commit the crime of manslaughter, and shall be thereof duly of manslaugh convicted in the Supreme Judicial Court, every such offender shall be punished by solitary imprisonment, for such term, not exceeding one year,* and by imprisonment afterwards in the [* six monthscommon gaol, or confinement to hard labour, for such term, 1818 ch. 124.] not exceeding three years, as the justices of the said court, be- [† ten years1818 ch. 124.] fore whom the conviction may be, shall sentence and order, according to the aggravation of the offence.

SECT. 4. Be it further enacted, That if any person, with set Punishment for purpose and aforethought malice, or intention to maim or dis- maiming a person, or being figure, shall unlawfully cut out or disable the tongue, put out accessary an eye, cut off an ear, slit the nose, or cut off the nose or lip, thereto. or cut off or disable a limb or member of any person, every such offender, and every person privy to the intent aforesaid, who shall be present, aiding and abetting in the commission of such offence, or not being present, shall have counselled, hired or procured the same to be done; upon due conviction thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for such term, not exceeding one year, and by confinement to hard labour, or by imprisonment in the common gaol, for such term, not exceeding ten years, commencing from the expiration of such solitary imprisonment, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence.

saults.

SECT. 5. Be it further enacted, That if any person with a Punishment of dangerous weapon, and with an intention to murder, or to felonious asmaim or disfigure in any of the modes mentioned in the fourth section of this Act, shall assault another, or shall be present, aiding or abetting therein; or not being present, shall have 1784 ch. 65. counselled, hired or procured the same to be done, every such offender, who shall be thereof duly convicted in the Supreme Judicial Court, shall be deemed a felonious assaulter, and shall be punished by solitary imprisonment, for such term not ex

ceeding six months, and by confinement afterwards to hard [‡ Punishment labour, or by imprisonment in the common gaol, for such term, enhanced--not exceeding four years, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence.

duel.

SECT. 6. Be it further enacted, That if any person shall Punishment for voluntarily engage in a duel with rapier or small sword, back engaging in a sword, pistol or other dangerous weapon, to the hazard of life, when no homicide shall ensue thereon, and if any person shall, by word, message, or in any other manner, challenge another to fight in a duel as aforesaid, when no duel shall be fought thereon; every such offender, and every person who shall be knowingly a second, agent or abetter in such duel or challenge,

Punishment for accepting a

upon due conviction of either of the said offences in the Supreme Judicial Court, shall be punished as a felonious assaulter, and for his further punishment, shall be disqualified from holding, and incapable of any office or place of honour, profit or trust, under this Commonwealth, during the term of twenty years from and after such conviction.

SECT. 7. Be it further enacted, That if any person shall accept a challenge to a duel, and shall consent to fight therein as challenge, &c. aforesaid, when no duel shall thereupon ensue, every such offender, and every person who shall knowingly be a second, agent or abetter in such acceptance of a challenge, upon due conviction thereof in the Supreme Judicial Court, shall be punished by imprisonment in the common gaol, not exceeding one year, and shall be disqualified from holding, and incapable of any office or place of honour, profit or trust under this Commonwealth, during the term of five years, from and after such conviction.

When this Act is to cominence.

SECT. 8. Be it further enacted, That this Act shall take effect, and be in force from and after the first day of September next, and not before. [March 15, 1805.]

Chap. 124. An ACT to incorporate a number of the inhabitants of the Town of Salem, in the County of Essex, into a Society, by the name of The Proprietors of the New South Meeting-House in Salem. [March 15, 1805.]

Chap. 125.

Legislative

committee to be appointed before any

road is grant

ed.

Court of Ses

sions to appoint a committee when the road is granted.

1786 ch. 67.

An ACT defining the general Powers and Duties of Turnpike Corporations. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That no turnpike corporation shall be hereafter created, except a committee shall have first been appointed by the Legislature, and viewed the route proposed by the petitioners, who shall be at the expense thereof. And that all committees appointed for the purpose aforesaid, shall, before they proceed to view any proposed road, give public notice of the time and place of their meeting, by publishing the same in some newspaper printed in the county where said road is proposed to be laid, if any such paper is printed therein, and if not, in such other way as they may think will give general notice to all interested, and shall also give notice to one or more of the selectmen of each town through which they propose to view, and of the time they shall make their report to the Legislature, that all persons may then appear, and shew cause, if any they have, against the prayer of the petition.

SECT. 2. Be it further enacted, That whenever any grant is made for a turnpike road, and application is made to the Court of General Sessions of the Peace, within the county where said road is situated, said court shall appoint a committee of five disinterested freeholders within the same county, at the expense of the corporation, who shall be invested with the same. powers, observe the same rules, be under the same restrictions, perform the same duties, and make return of their doings, in the same manner as is provided by law for similar committees appointed by said court for laying out public highways. And said corporation shall be liable to pay all damages that may