SECTION the first day of the week, punished the same as working on that day. 99. Complaints under two next preceding sections, limited to ten days after offence committed. 100. Exception in favor of Sabbatarians and Jews from penalty in the three preceding sections. 101. Playing at games of chance other than billiards, for money, &c., subject loser to a fine of four dollars for first offence, eight dollars for second, and sixteen dollars for third, and the winner to the same fine, and the sums won. 102. Gaming at billiards, loser fined twen ty dollars for first offence, fifty dollars for second offence, and one hundred dollars for third offence. Winner fined the same amount, and the sums won. 103. Licensed inn-holder, &c., permitting gaming, fined thirty dollars, and his license is rendered void. 104. Persons betting liable to the same penalties as the players. 105. Bonds, notes, mortgages, &c., given for money lost in gaming, or for money lent to game with, void. 106. Betters on horse racing fined one hundred dollars. 107. Horses running for a wager forfeited to the state. 108. Conveying strong liquor to prisoners in state prison or jail, without permission of the keeper thereof, punished by a fine of twenty dollars. 109. Selling unwholesome food, with imprisonment not more than six months, or fine not more than two hundred dollars. 110. Adulterating food or liquors for sale with substances injurious to health, with imprisonment not more than six months, or with fine not more than two hundred dollars. SECTION 117. Indictments for certain offences, when to be preferred. 118. All fines to be for the use of the state. 119. Persons convicted of any offence at common law, not punishable specially by this act, to be imprisoned not more than one year, or fined not over one thousand dollars. 120. 121. Accessaries before the fact punishable as principals. Aiding, hiring, commanding, &c., another to commit a crime, constitutes such an accessary, or a principal, according to the nature of the offence. Accessaries after the fact, punishable by imprisonment not more than five years, or fine not more than one thousand dollars. Certain relatives not chargeable as accessaries after the fact. 122. Sentence to one year's imprisonment renders person infamous. 123. Sentence of death to be carried into effect by hanging, to take place in the jail or jail yard. 124. Every person sentenced to one year or more imprisonment for one offence, to be confined in the state prison and there kept at labor. Other imprisonment to be in county jails. 125. Person injured in property, reputation or body, by commission of any crime, may recover his damages in a civil action, to be commenced after he has made complaint against the offender, and taken out a warrant against him. In case of thefts, owner of goods stolen may recover two-fold value of those not restored. 126. 127. 129. 130. 111. Adulterating drugs for sale, in a man- 114. The killing of any officer of the state 115. Corruption of blood and forfeiture of estate abolished. 116. Deodands, benefit of clergy, and petit treason, abolished. 131. Supreme court and court of common pleas may sentence convicts to be imprisoned in any state's jail. Supreme court may remove prisoners from county jails when insufficient. Supreme court may establish a nightly watch at any county jail. Court to select punishment. 132. Courts of record to commit or bind over persons suspected of committing perjury before them. 133. Courts of record to detain papers when necessary for prosecution for perjury committed before them. 134. Governor may offer rewards for apprehension of criminals. 135. Duty of justice of the peace on complaint made to him for threats. 136. Duty of justice on trial for threats. 137. Recognizance to be certified to cour of common pleas. 148. Depositions when to be used in criminal cases, and how taken. 149. Complainant for assault and battery, &c., may compromise. 150. Appeal granted from sentence of jus- 151. Justices of the supreme court, court 153. Capias issued on any indictment to 154. Officers required to execute warrants and capias-protected in the service of them. SECTION 159. Persons accused of murder, &c., when 160. No person to be tried by supreme court 165. Person indicted for an aggravated of- one. 166. Payment of costs to make part of 169. Recognizance being forfeited, process 171. Search warrants, when and how to 172. Property recovered on search warrant 174. Magistrate may issue warrant against 175 Proceedings against fugitives from justice. state. 177. Warrant against a fugitive from justice not to be issued until recognizance be given to pay costs. Warrant to commit to state prison, how to be issued and served. 178. 155. Appeal granted from sentence of court 156. Appellant not entering his appeal may court. 158. Bail to be granted in certain cases by supreme court only. 180. 181. Person sentenced to state prison disabled from conveying his property. Administrator to be appointed on the estate of a person committed to state prison for seven years or more. Duties and powers of an administrator on the estate of a person sentenced to state prison. It is enacted by the General Assembly, as follows: SECTION 1. Every person who shall be convicted of treason against this state by levying war against the same, or by adhering to the enemies of this state, giving them aid and comfort, shall be imprisoned during life. SEC. 2. If any person shall have knowledge of the commission of treason against this state by levying war against this state, or by adhering to the enemies of this state, giving them aid and comfort, and shall conceal the same, and shall not as soon as may be disclose and make known such treason to the governor or to some magistrate, such person shall be deemed guilty of misprison of treason against this state; and upon conviction thereof shall be imprisoned not exceeding twenty years, nor less than five years, or be fined not exceeding ten thousand dollars. SEC. 3. No person shall be convicted of treason against this state by levying war against the same, or by adhering to the enemies of this state, giving them aid and comfort, but by testimony of two lawful witnesses to the same overt act, for which he shall then be on trial, unless he shall in open court confess the same. SEC. 4. All town meetings of the freemen, inhabitants or residents of this state, or of any portion of the same, for the election of any town, city, ward, county or state officers, called or held in any town in this state or in the city of Providence, except in the manner, for the purposes, at the times, and by the persons by law prescribed, are illegal and void; and any person who shall act as moderator, warden or clerk in such pretended meetings hereafter to be held, or in any manner receive, record or certify votes for the election of any pretended town, city, ward, county or state officers, shall be deemed guilty of a misdemeanor; and be fined not exceeding one thousand dollars, nor less than five hundred dollars, and be imprisoned for the term of six months: provided, however, that this section is not intended to apply to cases in which by accident or mistake some prescribed forms of calling town and ward meetings of the electors of the several towns of this state and of the city of Providence, shall be omitted or overlooked. SEC. 5. Any person who shall in any manner signify that he will accept any legislative, executive, judicial or ministerial office, by virtue of any pretended election in any such pretended town, ward or other meetings, or shall knowingly suffer or permit his name to be used as a candidate therefor, shall be adjudged guilty of a high crime and misdemeanor; and be fined not exceeding two thousand dollars, and be imprisoned for the term of one year. SEC. 6. If any person, except he be duly elected thereto according to the laws of this state, shall assume or exercise any of the legislative, executive or ministerial functions of the office of governor, lieutenant governor, senator, member of the house of representatives, secretary of state, attorney general or general treasurer of this state, within the territorial limits of the state, as the same are now actually had and en joyed, either separately or with others, or shall assemble with others for the purpose of exercising any of said functions, he shall be imprisoned during life. SEC. 7. Such meetings as are described in the fourth section of this act, and also all meetings of persons other than those authorized by law, calling themselves when collected, or claiming to be the general assembly of this state, or either house thereof, are hereby declared to be riotous, tumultuous and treasonable assemblies; and the commander in chief, the sheriff of any county or any deputy sheriff, any justice of the court of common pleas in any county, the mayor of the city of Providence, or in his absence the board of aldermen of said city, are hereby authorized and required to command such assemblies, or any of them, to disperse; and if they do not forthwith obey said command, then by the civil posse, or if they deem it necessary, by calling out and using for that purpose the whole or any portion of the military force of this state, within their respective jurisdictions, that they or either of them may deem sufficient therefor to disperse such assemblies or any of them within their jurisdictions; and all such officers and all military officers in this state, and persons under their command, are hereby directed to govern themselves accordingly. SEC. 8. The supreme court alone shall have jurisdiction to try persons accused of offences against either or any of the foregoing sections. Indictments under the same may be preferred and found in any county in the discretion of the attorney general, without reference to the county in which the offence is charged to have been committed; but they shall be tried in the county where found, unless such court shall for good cause remove the same into some other county. SEC. 9. No magistrate shall issue any warrant to apprehend any person for any such offence, unless the complaint shall be first allowed of and indorsed or countersigned by the governor or by the attorney general. When any magistrate shall adjudge any person, rightfully before him, to be probably guilty of any such offence, he shall order him to be committed to the state's jail, in such county as he shall deem proper, there to remain until discharged by order of law; and issue his warrant accordingly, directed to the sheriff or his deputy, or to either of the town sergeants or constables in the same county with himself, and to the keeper of the state's jail in the county in which the accused is to be committed; which warrant may be executed by the officer charged therewith, although beyond his precinct, and shall constitute him, while charged therewith, an officer within the meaning of the fiftyninth section of this act. SEC. 10. Every person who shall be convicted of murder shall suffer death. SEC. 11. Every person who shall be convicted of manslaughter shall be imprisoned not exceeding twenty years. SEC. 12. Every person who shall be convicted of robbery, shall be imprisoned for life, or for any term not less than five years. SEC. 13. Every person who shall be convicted of rape, shall be imprisoned for life, or for any term not less than ten years. SEC. 14. Every person who shall be convicted of putting out an eye, slitting the nose, ear or lip, or of cutting off or of biting off, or of disabling any limb or member of another, with malice aforethought, and with intent to maim or disfigure such other, shall be imprisoned not exceeding ten years, nor less than one year. SEC. 15. Every person who shall be convicted of voluntarily engaging in a duel, with any dangerous weapon, to the hazard of life, shall be imprisoned not exceeding seven years, nor less than one year. SEC. 16. Every person who shall be convicted of challenging another to fight a duel, with any dangerous weapon, to the hazard of life, and every person who shall be convicted of accepting a challenge to fight such duel, though no duel be fought, shall be imprisoned not exceeding seven years, nor less than one year. SEC. 17. Every person, being an inhabitant of or resident in this state, who shall fight a duel without the jurisdiction of this state, by previous appointment or engagement made within the same, and in such duel shall inflict a mortal wound upon any person, whereof the person so injured shall afterwards die within this state, shall be deemed guilty of murder within this state; and may be indicted, tried, convicted and sentenced in the county in which such death shall happen. SEC. 18. Every person, being an inhabitant of or resident in this state, who shall, by previous appointment or engagement made within the same, be the second of either party in any such duel as is mentioned in the next preceding section, and shall be present as the second when such mortal wound is inflicted, whereof death shall ensue within this state, shall be deemed to be an accessory before the fact, to the crime of murder within this state; and may be indicted, tried, convicted and sentenced within the county where the death shall happen. |