commission of such felony, or accessary thereto before the fact, by counselling, hiring or procuring the same to be done, [* Death if the who in the Supreme Judicial Court shall be duly convicted of robber is armed either of the felonies and offences aforesaid, shall be punish- with a dangeed by solitary imprisonment* for such term, not exceeding &c.-1818 ch. two years, and by confinement afterwards to hard labour for 124.] life. rous weapon, those enumer SECT. 8. Be it further enacted, That if any person shall for other commit any other larceny from the person of another, either larcenies than openly and violently, or privily and fraudulently, every such ated. 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, who shall be duly convicted 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 five years, to be ordered by the justices of the said court before whom the conviction may be, according to the aggravation of the offence. SECT. 9. Be it further enacted, That if any person with -for assault a dangerous weapon, or other actual violence, and with in- with intent to tent to rob or steal, in manner as aforesaid, shall assault steal. another, every such offender, and any person present, aiding and assisting therein, or who shall have counselled or procured the same to be done, shall be deemed a felonious assaulter, and 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 after- [+Twenty wards to hard labour, for a term not exceeding ten yearst to ch. 124.] be ordered as aforesaid. years-1818 for con lon, or receiv SECT. 10. Be it further enacted, That if any person shall knowingly harbour, conceal, or maintain any principal felon cealing a feor accessary before the fact, in any robbery or larceny, com- ing stolen mitted in any manner as aforesaid, or shall receive or shall goods, &c. aid in concealing any money, goods or other article stolen as 10 W.III. ch.6. aforesaid, knowing the same to have been so stolen in any 10 Geo. I. ch.1. such manner as aforesaid, every such offender upon due conviction of either of the offences as aforesaid, shall be deemed an accessary after the fact to the same robbery or larceny, and 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 a fine not exceeding five hundred dollars, and by imprisonment in the common gaol for such term not exceeding three years, or either of them, as the justices of the court, before whom the conviction may be, shall and may sentence and order, according to the nature and aggravation of the offence. SECT. 11. Be it further enacted, That any person charged with the receipt or concealment of money, goods or other articles stolen in any manner as aforesaid, knowing the same to have been stolen, may be prosecuted therefor as for a misde Receiver of stolen goods may be proseished before the principal felom cuted and pun Punishment for more than one conviction, for receiving stolen goods. meanor, although the principal felon, chargeable or charged with the larceny, shall not have been prosecuted or convicted; and upon due conviction thereof before any court having jurisdiction of the principal offence, shall be punished in the same degree and manner, as an accessary after the fact might be, being alike convicted; but after prosecution for such misdemeanor, the person charged shall not be liable to be prosecuted as an accessary after the fact, in the same larceny. SECT. 12. Be it further enacted, That if any person, having been before convicted as a receiver of money, goods or other articles, stolen in any manner as aforesaid, shall afterwards knowingly receive or aid in the concealment of any other money, goods or other articles stolen, and shall be duly convicted thereof before the Supreme Judicial Court; or if any person shall be alike duly convicted before the Supreme Judicial Court, in the same term thereof, as a receiver of any money, goods or other articles aforesaid, stolen in any manner as aforesaid, in three distinct acts of receiving or concealing as aforesaid, every such offender shall be deemed a common receiver of stolen goods, and shall be punished by solitary imprisonment for such term, not exceeding one year, and by confinement afterwards to hard labour for such term, not less than three years, and 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. 13. Be it further enacted, That when any person, conreceiving sto- victed for the first offence as a receiver of stolen goods or as len goods for accessary after the fact, in any simple larceny, and not adjudged to be a common receiver of stolen goods, shall make satisfaction to the party injured by such larceny, to the full amount hard labour, in of the money, goods or articles stolen and not restored, the justices of the court before whom the conviction may be, shall exempt such receiver and accessary from the penalty of confinement to hard labour. Person convicted of the first time shall be exempted from case Prosecutors to be recompensed. The officer em ployed in ar resting a per son guilty of larceny, to secure the property alleged to be stolen SECT. 14. Be it further enacted, That in every case of a conviction of larceny as aforesaid, the justices of the court, before whom the conviction may be, shall have authority, at the prayer of the prosecutor therein, and at their discretion, to order for him or her a meet recompense, not exceeding his or her actual expenses, with a reasonable allowance for time and trouble in such prosecution, to be paid by the county treasury; and all payments which shall be made by any county treasurer, pursuant to any order which may be granted as aforesaid, shall be the proper charge of this Commonwealth, and shall be allowed in the manner which is or shall be provided for the reimbursement to the several counties of other costs arising in criminal prosecutions. SECT. 15. Be it further enacted, That it shall be the duty of any sheriff or other officer who shall be charged with, or lawfully employed in apprehending and arresting any person accused of the crime of larceny or robbery, or as accessary therein, in any manner as aforesaid, to seize and secure the money, goods or other articles aforesaid, alleged to be stolen to his return or to have been obtained by such larceny or robbery, and which shall be found in the possession of such accused person, or which shall be waived by him or her in flying from justice: And of the money, goods, or other articles aforesaid, which and to annex shall be so found and secured, a true inventory or schedule shall be made in, or annexed to the return of such sheriff or other upon the warofficer, upon the warrant or process, which shall have been rant. issued for the arrest of any person accused as aforesaid; and such sheriff or other officer shall be accountable for the money, goods, or other articles thereby seized and secured. And whenever the conviction of any person accused as aforesaid shall be had upon the prosecution, and by the care and dili- Restitution of gence of the owner of any money, goods or articles, found and goods to the seized as aforesaid, such owner shall and may have restitution thereof immediately after such conviction, by an order in open court, or by a writ of restitution, as the case may require. owner. indemnified tion, he may SECT. 16. Be it further enacted, That whenever, upon any When a conconviction as aforesaid, such convict shall be sentenced to con- vict is sentenced to labour, finement to hard labour, such owner, prosecuting as aforesaid, the owner of shall be allowed against each and every convict, the full amount the goods or value of the money, goods, or other articles stolen or obtain- stolen is to be ed by such larceny, and not restored or satisfied for, to be from his earncharged against such convict at his or her place of confinement ings. under such sentence, and to be paid from his or her net earnings, as the same shall accrue, and so far as they may extend: And when such convict shall be sentenced to fine or imprisonment in the common gaol, he or she shall be required by the sentence to pay to such owner, prosecuting as aforesaid, the full amount or value of the money, goods or other article or articles stolen and not restored or satisfied for; and if any such con- If a convict vict shall be unable to make restitution, or pay the amount or is not able to value as aforesaid, the justices of the court before whom the make restitu conviction may be, may further sentence and order him or her be disposed of to make satisfaction to such owner by service, who shall there- in service— upon be empowered to take such convict in service, or to disof him or her to any person for such term of time, not exceeding three years, as shall be ordered by the said justices. Provided however, That no such convict shall be held in gaol 1 Anne ch. 2. for such satisfaction of the amount or value as aforesaid, for a longer term than thirty days, unless such owner shall give security to the keeper of the gaol, to satisfy the charge of keeping such prisoner from and after that time, according to the rate allowed for keeping prisoners in the same gaol; and if such owner shall refuse or neglect so to do, and shall not take or dispose of such prisoner, the keeper shall no longer keep such prisoner for that purpose, but may set him or her at liberty, after the expiration of the term of imprisonment, if any, ordered by the sentence, and after the payment of the costs of court, and his own charges of imprisonment; and if he or she be un--or if he is unable to pay the same, upon application by the keeper of the able to pay the gaol to any two justices of the quorum within the same county, prisonment. they are hereby empowered to determine the sum to be paid, and to order such prisoner to make satisfaction by service, for pose costs of his im When persons charged with larceny, &c. are let to bail, how they shall recognize. 1784 ch. 66, 15. 1810 ch. 80. When the act is to commence. Chap. 144. such reasonable time, not exceeding two years, as they may assign, for which time the keeper may thereupon dispose of such prisoner in service to any citizen of the United States: And if he or she cannot be so disposed of after being confined three months, for costs or fine and costs only, the Justices of the Court of Common Pleas within and for the same county may, at their discretion, order such prisoner to be discharged, upon such security as they may judge proper. SECT. 17. And be it further enacted, That when any person, charged with the crime of larceny, or as an accessary therein, or as a receiver of money, goods or other articles stolen as aforesaid, shall and may be letten to bail, the recognizance for the appearance of such person shall be taken, with sufficient surety or sureties, in such sum as may be reasonably required for that purpose, with a further additional sum, which shall be double the amount or value of the money, goods or articles charged to have been stolen or obtained by such larceny; and when such recognizance shall be forfeited by default, the justices of the court, before whom judgment may be rendered thereon, shall order the amount or value of the money, goods or other articles stolen or obtained as aforesaid, to be paid out of the sum which shall be collected on such recognizance, to the owner of such money, goods or other articles; provided he shall have been the prosecutor. SECT. 18. Be it further enacted, That this Act shall be in force from and after the first day of September next, and not before. [March 16, 1805.] An ACT to apportion and assess a Tax of one hundred and thirty-three thousand three hundred and two dollars and fifty-two cents, and providing for the reimbursement of thirty thousand eight hundred and fifty-six dollars, paid out of the Public Treasury to the members of the House of Representatives for their attendance the three last sessions of the General Court. [March 14, 1805.] An ACT to authorize Henry Tucker and his Associates, to build a Bridge over a Salt Creek, a Branch of Apponeganset River, in the Town of Dartmouth. [June 14, 1805.] An ACT to incorporate a number of the inhabitants in the Town of Fitchburg, in the County of Worcester, into a Religious Society, by the name of The Calvinistic Congregational Society in Fitchburg. [June 14, 1805.] Chap. 1. Chap. 2. Chap. 3. An ACT to encourage the Establishment of a Cotton Manufactory in the Town of Chap. 4. An ACT to determine the Time of holding the Courts of General Sessions of the Chap. 5. 1794 ch. 56. Chap. 7. 1904 ch. 70. Chap. 8. Chap. 9. An ACT for uniting the Merrimack and Newburyport Banks. [June 14, 1805.] An ACT to continue in Force an Act, entitled, "An Act to incorporate sundry persons by the name of The President and Directors of the Nantucket Bank.” [June 14, 1805.] Further continued-1805 ch. 43. See 1816 ch. 17. An ACT in addition to an Act, entitled, "An Act to incorporate a Part of the Counties of York and Cumberland into a separate County, by the name of Oxford." [June 14, 1805.] Further add. act-1806 ch. 99. An ACT to incorporate sundry persons by the name of The Little Harbour Corpora- An ACT to incorporate certain persons into a Company by the name of The South An Acr to set off William Parker, jun. from the First and annex him to the Third Chap. 10. Parish in Reading." [June 15, 1805.] An Act to incorporate the Plantation called Bostwick, in the County of Oxford, in- Chap. 11. to a Town by the name of Newry. [June 15, 1805.] An ACT to establish The Middlesex Turnpike Corporation. [June 15, 1805.] Add. Chap. 12. acts-1806 ch. 5: 1809 ch. 129: 1810 ch. 120: 1811 ch. 28: 1819 ch. 62. An ACT determining the Times for holding the Courts of Common Pleas and Gen- Chap. 13. eral Sessions of the Peace within and for the County of Essex. [June 15, 1805.] An ACT to establish a Corporation by the name of The Andover and Medford Chap. 14. Turnpike Corporation. [June 15, 1805.] Add. acts-1806 ch. 85: (1820 ch. 77-repealed 1821 ch. 70.) An Act to incorporate the Inhabitants of Barnardstone's Grant and a part of Bul- Chap. 15. lock's Grant, in the County of Berkshire, into a Town by the name of Florida. [June 15, 1805.] An ACT to establish a Corporation by the name of The Worcester and Fitzwilliam Chap. 16. Turnpike Corporation. [June 15, 1805.] Charter extended-1810 ch. 20: 1811 ch. 115. An ACT in addition to an Act, entitled, “An Act to establish a Corporation by Chap. 17. the name of The Union Turnpike Corporation." [June 15, 1805.] Further 1803 ch. 98. add. acts-1808 ch. 30: 1809 ch. 124: 1818 ch. 82: 1819 ch. 80. An ACT determining the Times and Place of holding the several Courts of Com- Chap. 18. mon Pleas and Courts of General Sessions of the Peace within and for the Coun ty of Cumberland. [June 15, 1805.] Add. act-1805 ch. 85. An ACT declaring and confirming the Incorporation of the Proprietors of the Meet- Chap. 19. ing-House in Federal-Street, in the Town of Boston. [June 15, 1805.] An ACT to alter the Names of certain Persons therein mentioned. [June 15, 1805.] Chap. 20. An ACT to incorporate a number of the inhabitants of the Town of Bethel, Town of Newry, and Plantation of Howard's Gore, so called, in the County of Oxford, Chap. 21. into a religious Society, by the name of The First Baptist Society in Bethel. [June 15, 1805.] An ACT to incorporate a number of the inhabitants of the Town of Bristol, in the Chap. 22. County of Lincoln, into a religious Society, by the name of The First Congregational Society in Bristol. [June 15, 1805.] An ACT authorizing His Excellency the Governor, by and with advice of the Chap. 23. Council, to provide Regulations for the State Prison. [June 15, 1805.] Ex pired June 1, 1806. See 1805 ch. 113. An ACT to authorize the several Banks, incorporated within this Commonwealth, Chap. 24. to issue Bills of the denomination of One, Two and Three Dollars. [June 15, 1805.] Three first sections superseded-1808 ch. 99: 1812 ch. 56: 1817 ch. 76. Fourth section repealed-1305 ch. 111. Add. act-1808 ch. 20. An Act to incorporate Royal Makepeace and others into a Society, for the purpose Chap. 25. of building a Meeting-House and supporting Public Worship therein, in the easterly part of Cambridge. [June 15, 1805.] Add. act-1807 ch. 5. See 1807 ch. 73. An Act in addition to an Act, entitled, "An Act to establish The Blue-Hill Chap. 26. Turnpike Corporation." [June 15, 1805.] Further add. act—1807 ch. 8. 1803 ch. 130. An ACT to enable the Members of the Board of Health in the Town of Boston, and Chap. 27. the Clerks in the several Wards in said town, to perform their official duties in 1799 ch. 10. the Wards established in the year of our Lord one thousand eight hundred and five. [Feb. 3, 1806.] An ACT to incorporate William Frost and others, Proprietors in common of certain Mines, called the Washington Mines, in the Town of Newfield, in the County of York, by the name of The Washington Mining Company. [Feb. 10, 1806.1 Chap. 28. An ACT in addition to, and for repealing a certain Clause in an Act, passed Chap. 29. March twenty-eighth, in the year of our Lord one thousand seven hundred and 1787 ch. 58. |