Punishment for burning a &c. in the day meeting-house, time, or a store, &c. by night or day. Punishment for burning any stack of corn, hay, &c. &c. and for killing or maiming any cattle. tor of the foregoing mischiefs. such store, barn or stable, shall be burnt in the night time, every such offender, and any person present, aiding, abetting or consenting in the commission of such offence, or accessary thereto before the fact, by counselling, hiring or procuring the same to be done, who shall be duly convicted before the Supreme Judicial Court of either of the felonies and offences aforesaid, shall be punished by solitary imprisonment, for such term, not exceeding one year, as the justices of the said court, before whom the conviction may be, shall sentence and order, and by confinement afterwards to hard labour for life. SECT. 3. Be it further enacted, That if any person shall wilfully and maliciously burn, in the day time, any meetinghouse, or other building erected for public uses, or any store, barn or stable of another, within the curtilage of any dwellinghouse; or if any person shall wilfully and maliciously burn, by night or day, any other store, barn, stable, house or building whatsoever, or any ship or vessel lying in the body of any county; every such offender, and any person aiding or consenting in the commission of such offence, who shall be duly convicted thereof before the Supreme Judicial Court, shall be punished by solitary imprisonment, for such term, not exceeding one year, 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. SECT. 4. Be it further enacted, That if any person shall wilfully and maliciously burn any stack of corn, hay, grain, straw, corn-stalks, flax, fences, piles of wood, boards, or other lumber, or any soil, grass, trees, poles or underwood, of another; and if any person shall wilfully and maliciously kill, maim or disfigure any one or more of the horses, sheep or cattle of another, every such offender, and any person aiding and consenting in the commission of such offence, who shall be duly convicted thereof before the Supreme Judicial Court, shall be punished by solitary imprisonment, for such term, not exceeding six months, and by confinement afterwards to hard labour, for such term, not exceeding three years, or by fine not exceeding five hundred dollars, and by imprisonment in the common gaol, not exceeding one year, at the discretion of the justices of the said court before whom the conviction may be, and as they shall sentence and order, according to the nature and aggravation of the offence. SECT. 5. And be it further enacted, That if any person, Punishment for after any felony or offence done and committed by any incenconcealing, &c. diary in any manner as aforesaid, shall knowingly harbour, conany perpetraceal, maintain, assist or relieve such offender, or any accessary before the fact, in any such felony or offence, every such accessary after the fact, who shall be duly convicted thereof before the Supreme Judicial Court, shall be punished by solitary imprisonment, for a term not exceeding one month, and by confinement afterwards to hard labour, for a term not exceed ing five years; or by a fine not exceeding one thousand dollars, and by imprisonment in the common gaol not exceeding one year, at the discretion of the justices of the said court before whom the conviction may be, and as they shall sentence and order thereupon, according to the nature and aggravation of the offence. SECT. 6. Be it further enacted, That this Act shall be in Commenceforce from and after the first day of September next, and not ment of this before. [March 16, 1805.] law. An Act to establish a Corporation, by the name of The Williamsburg and Wind- Chap. 132. sor Turnpike Corporation. [March 16, 1805.] An ACT against Sodomy and Bestiality. Chap. 133. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the Col. L. 1649. same, That if any man shall commit the crime against nature 1784 ch. 46. with a man or male child, or any man or woman shall have carnal copulation with a beast, every such offender, being duly convicted thereof in the Supreme Judicial Court, shall be Punishment. punished by solitary imprisonment, for such term, not exceeding one year, and by confinement afterwards to hard labour, for such term, not exceeding ten years, as the justices of said court, before whom the conviction may be, shall sentence and order. SECT. 2. Be it further enacted, That this Act shall be in force from and after the first day of September next. [March 16, 1805.] An Act in addition to an Act, entitled, “An Act to regulate the catching Salmon, Chap. 134. Shad and Alewives, and to prevent Obstructions in Merrimack River, and in the 1789 ch. 51. other Rivers and Streams running into the same, within this Commonwealth, and for repealing several Acts heretofore made for that purpose." Further add. acts-1806 ch. 28: 1811 ch. 175: 1812 ch. 84: ch. 4. 20: 1820 ch. 22. [March 16, 1805.] 1817 ch. 16: 1819 An ACT enabling the Minister of the First Church in Cambridge to exchange or sell Chap. 135. a certain Piece of Land granted to the Ministers of that Church in succession. [March 16, 1805.] An Act to prevent the circulation of private Notes, Bills, Orders and Checks, under Chap. 136. five dollars. SECT. 1. BE it enacted by the Senate and House of Represen tatives, in General Court assembled, and by the authority of the same, That if any person shall, after the tenth day of April Penalty for passing small next, issue or pass any note, bill, order or check, other than the private notes notes or bills of any bank incorporated by the Laws of this as a currency. Commonwealth, or of some one of the United States, for a sum less than five dollars, or whereon less than five dollars shall be due at the time of such issuing or passing thereof, with an intent that the same shall be circulated as currency, he shall forfeit and pay for every such offence the sum of fifty dollars, to be recovered by indictment in the Supreme Judicial Court, to the use of the Commonwealth; indictment in the Court of Common Pleas, to the use of the county, or action of debt, to the use of any person who shall first sue therefor in any court of competent jurisdiction. Provided however, That nothing here to affect notes, &c. on which more than 5 dollars are due. in contained shall affect the rights or privileges already granted to any bank or banks incorporated within this Commonwealth, or be construed to extend to persons receiving or passing any bill issued by such bank. SECT. 2. And be it further enacted, That an Act, entitled, "An Act, to restrain the issuing of printed promissory notes of certain denominations, and for other purposes," passed on the Former Act not eighteenth day of February last, shall not be deemed or construed to extend to any bill, note, check, draught or obligation, on which there shall be due an amount greater than five dollars; any thing in said Act to the contrary notwithstanding. Provided, That nothing herein contained shall be construed to repeal in whole or in part, an Act, entitled, "An Act to prevent the circulation and currency of bank bills of a denomination less than five dollars." [March 16, 1805.] 1804 ch. 58. 1801 ch. 71. Chap. 137. An Act to incorporate Benjamin Hall, Esq. and others, by the name of The Proprietors of the Medford Branch Canal and Locks, between the Middlesex Canal and Mystic River, and easterly of the Post-Road, leading from Charlestown to Medford. [March 16, 1805.] Chap. 138. An ACT to establish a Corporation by the name of The Fryeburgh, Baldwin and Ptland Turnpike Corporation. [March 16, 1805.] Chap. 139. An ACT to incorporate William Gray, jun. Esq. and others by the name of The Amesbury Nail Factory Company. [March 16, 1805.] Chap. 140. An ACT establishing the Winsoket Turnpike Corporation. [March 16, 1805.] An ACT to establish a Corportion by the name of The Blandford and Russell Turnpike Corporation. [March 16, 1805.] Chap. 141. Chap. 142. An ACT to incorporate certain persons for the purpose of laying out and making a Chap. 143. An ACT providing for the Punishment of the Crimes of Robbery and other Larce 10 W. III. ch.6. nies, and for the Prevention thereof. SECT. 1. BE it enacted by the Senate and House of Represen tatives, in General Court assembled, and by the authority of the Col.L. 1646.52. same, That any person who shall feloniously steal, take and 4W.&M. ch. 6. carry away of the property of another, any money, goods or 10 Anne ch.1.2. chattels, or any bond, promissory note, bill of exchange, or 3 Go. I. ch. 3. other bill, order or certificate, or any book of accounts for or 10 Geo. I. ch.1. respecting any money or goods, due or becoming due and 2 Geo. III. ch.8. payable, or to be delivered, or any deed or writing containing 1784 ch. 66. a conveyance of lands, or other real estate, or any other valuaPunishment of ble contract remaining in force, or any receipt, release, or delarceny. 10 Geo.II. ch.4. feasance, or any writ, process or public record, shall be deemed guilty of the crime of larceny; and every such offender, and any person present, aiding and abetting in any such larceny, or accessary thereto before the fact, by counselling, hiring or otherwise procuring the same to be done, who, before any court having jurisdiction thereof, shall be duly convicted of either of the felonies and offences aforesaid, shall be punished, when the money, goods or other article or articles stolen shall not exceed in amount or value the sum of one hundred dollars, by solitary imprisonment for a term not exceeding six months, and by confinement afterwards to hard labour for a term not exceeding one year, or by a fine not exceeding one hundred dollars, and imprisonment in the common gaol for a term not exceeding one year: And when the money, goods, or other article or articles stolen shall exceed in amount or value the sum of one hundred dollars, then by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labour for a term not exceeding three years, to be ordered by the court before whom the conviction may be, according to the degree and aggravation of the offence. exceeds in val SECT. 2. Be it further enacted, That the Supreme Judicial The Supreme Court shall have exclusively the jurisdiction of all larcenies, Court to have exclusive juriswhere the money, goods or other article or articles stolen shall diction, where be alleged to exceed in amount or value the sum of one hun- the property dred dollars; the said Supreme Judicial Court, the Courts of ue 100 dollars. Common Pleas within their respective counties, and the Municipal Court of the town of Boston, within the said town of Boston, shall have concurrent jurisdiction of all larcenies, where the money, goods or other article or articles stolen shall not be alleged to exceed in amount or value the sum of one hundred dollars; and every Justice of the Peace, within his proper county, shall have concurrent jurisdiction with the said courts, of all larcenies, where the money, goods or other article or articles stolen shall not be alleged to exceed in amount or value the sum of five dollars. Any person duly convicted before a Court of Common Pleas, or the said Municipal Court, of any larceny, either as principal or as accessary before or after the fact, shall be punished by such fine, not exceeding one hundred dollars, and imprisonment in the common gaol for such term, not exceeding one year, either or both, as the justices of said court, before whom the conviction may be, Case of conshall sentence and order, according to the aggravation of the viction before the Municipal offence; and any person duly convicted before a Justice of Court or a the Peace of any larceny, either as principal or as accessary Justice. before or after the fact, shall be punished by such fine, not exceeding five dollars, and imprisonment in the common gaol for such term, not exceeding twenty days, either or both, as the said justice, before whom the conviction may be, shall sentence and order, according to the aggravation of the of fence. two or more SECT. 3. Be it further enacted, That if any person having Punishment on been before convicted of the crime of larceny, or as accessary conviction of thereto before the fact, shall afterwards commit or shall be larcenies. alike accessary to another larceny, and shall be duly convicted thereof before the Supreme Judicial Court; or if any person before the Supreme Judicial Court, at one and the same term thereof, shall be duly convicted as principal or as accessary before the fact, in three distinct larcenies, every such offender shall be punished as a common and notorious thief, by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labour for a term not less than three years, and not exceeding fifteen years, to be ordered as aforesaid. Punishment for committing a larceny in the night in any shop, &c. &c. for enter SECT. 4. Be it further enacted, That if any person in the night time shall break and enter any shop, ware-house, or office, not adjoining to, or occupied with a dwelling-house, or any ship or vessel, lying within the body of a county, and shall there commit a larceny, every such offender, and every person present, aiding and abetting in the commission of such felony, or accessary thereto before the fact, by counselling, hiring or procuring the same to be committed, and being thereof duly convicted before the Supreme Judicial Court, shall be punished by solitary imprisonment for such term, not exceeding one year, and confinement afterwards to hard labour for such term, not exceeding fifteen years, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence. SECT. 5. Be it further enacted, That if any person in the ing a dwelling- night time shall enter, without breaking, or in the day time house, in the night without shall break and enter any dwelling-house or out-houses breaking, &c. thereto adjoining, and occupied therewith, or any office, shop, ware-house, ship or vessel, as aforesaid, the owner or other person being therein and put in fear, every such offender, and any person present, aiding and abetting in the commission of such felony, or accessary thereto before the fact, by counselling, hiring or otherwise procuring the same to be done, upon due conviction 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 a term not exceeding ten years, to be ordered as aforesaid. - for com time in any SECT. 6. Be it further enacted, That if any person shall mitting a lar in the day time commit any larceny in any dwelling-house, ceny in the day office, shop, ware-house, ship or vessel as aforesaid, or in the house, &c. &c. night time shall break and enter any church, meeting-house, court-house, town-house, college or academy, or other building erected for public uses, or any mill, malt-house, store, barn or stable, and shall commit any larceny therein, or shall be aiding and abetting in the commission of such felony, or shall be accessary thereto before the fact, by counselling, hiring or otherwise procuring the same to be done, every such offender, upon conviction of either of the felonies aforesaid in the Supreme Judicial Court, shall be punished by solitary imprisonment for a term not exceeding six months, and by confinement afterwards to hard labour for a term not exceeding five years, to be ordered as aforesaid. Punishment of assault and robbery. SECT. 7. Be it further enacted, That any person who shall, by force and violence, or by other assault and putting in fear, feloniously steal, rob and take from the person of another, any money or goods, bank note, bill of exchange, or other negotiable bill, note or order, due or in force, or any other property which may be the subject of larceny, shall be adjudged guilty of the crime of robbery; and every such of fender, and any person present, aiding and abetting in the |