ders of the commissioners or justices as aforesaid, was by the consent of the owner or consignee. But if the owner or consignee did not consent, then and in that case the master of such vessel only shall be liable; to be recovered and applied in such manner as hereinafter directed.

When any vessel shall be directed to perform quarantine as aforesaid, and any seaman or passenger shall, contrary to the order and direction of the commissioners or justices of the peace as aforesaid, leave the said vessel, and land on any other place than the said commissioners or justices shall allow of, each and every person so offending, shall forfeit and pay the sum of 100. for each and every offence. And where the person or persons so offending shall not be able to pay the said forfeiture, and it can be made appear that they left the vessel with the master's consent, either express or implied, the said master shall be liable to pay the said penalty of 100% for each and every such offence of any of his passengers or

seamen.

When any vessel shall be as aforementioned directed to perform quarantine, and any person or persons knowing of such order, either by the information of the master or otherwise, shall go on board of such vessel or vessels, each and every person so going on board shall forfeit and pay the sum of fifty pounds. And if any person or persons shall be permitted by the master of such vessel to come on board without informing him or them of the order and directions of the commissioners or justices of the peace, the said master shall be liable to pay the sum of 100%. for each and every person so offending, and the sum of 2001. for suffering any person so on board to depart his vessel without leave of the commissioner's or justices aforesaid. And the said commissioners or justices are empowered to order every person who shall go on board any such vessel, to remain there for such a length of time as they may think proper, and if they disobey such order, they shall be liable to pay the sum of fifty pounds.

The commissioners or justices aforesaid shall, and they or a majority of them respectively, are empowered to issue their warrant to any sheriff or other lawful officer, commanding him to take the body of any person that may have left any vessel ordered as aforesaid to ride quarantine, and carry or cause to be carried him or her on board of said vessel. And the said officer is e empowered to summon n such persons to assist him in the execution of said warrant as he may think fit.

If any master of a vessel ordered to ride quarantine, shall convey, cause, or permit to be conveyed any article or articles of goods, wares, and merchandize from on board his vessel, on any other land, or into any other boat or vessel than the said commissioners or justices shall authorise, he shall be liable to pay the sum of 100l. for each and every offence. And any other person so conveying or causing to be conveyed any article or articles as above mentioned, shall be liable to the above penalty in like manner.

The said commissioners or justices may, whenever they think proper, require from any master of a vessel, on his arrival in this state, to declare on oath the state of the health of himself, crew, and passengers, and of the place from whence he came. And if any master shall give a false declaration, or any physician shall wilfully give a false certificate of the health of the persons on board any vessel so entitled, he shall forfeit and pay the sum of 1,000%.

The commissioners or justices are empowered and direct ed to furnish any vessel ordered to ride quarantine as aforesaid, with a sufficient quantity of good wholesome provisions. For the expense of which the master, vessel, and cargo shall be liable.

All fines, penalties, and forfeitures herein mentioned, shall be recovered by action of debt in any court having cognizance thereof, one half to the informer, the other half to be applied to the repairing public wharves, docks, and clearing the channel of any port where the same shall be recovered.-Acts 1793,

It shall be lawful for any one commissioner of navigation with two justices of the peace, or any one justice with two commissioners of navigation, to enforce and cause to be executed the above recited act, so far as regards the issuing of orders to compel vessels to perform quarantine.

And the commissioners of navigation in the several ports of this state, are authorised to appoint port-physicians, and to regulate and prescribe the fees to which they shall be respectively entitled, according to the different quarantine stations which they shall be bound to attend for the purpose of inspecting vessels, as required by the above mentioned act, and giving certificates of their situation and condition in regard to the health of their respective crews and passengers.Acts 1802, c. 24.

RANGER See Straus

RAPE.

.

Rape is the carnal knowledge of a woman forcibly and against her will.

At present there is no time of limitation fixed, within which a woman must make information. For the offence being prosecuted by indictment the maxim takes place, that no time hinders the state. But we should rarely give credit to a stafe complaint.

This offence is a capital felony, the benefit of clergy being taken away by statute:

As also is the abominable wickedness of carnally knowing or abusing any woman child under the age of ten years. In which case the consent or non consent is immaterial.

A male infant under the age of fourteen years, is presumed by law, incapable to commit a rape; and therefore, it seems, cannot be found guilty of it. For as to this species of felony, the law supposes an imbecility of body as well as mind.

It is felony to force even a concubine or harlot. Because the woman may have forsaken that unlawful course of life.

The party ravished may give evidence upon oath, and is in law a competent witness. But the credibility of her testimony, and how far forth she is to be believed, must be left to the jury, upon the circumstances of the facts that concur in that testimony. For instance, if the witness be of good fame; if she presently discovered the offence; and made search for the offender, if the party accused fied for it. These, and the like, are concurring circumstances, which give greater probability to her evidence. But on the other side, if she be of evil fame, and stand unsupported by others; if she concealed the injury for any considerable time after she had an opportunity to complain; if the place where the fact was alleged to be committed, was where she might possibly have been heard, and she made no outcry. These, and the like circumstances, carry a strong, but not conclusive presumption, that her testimony is false or feigned.

If a rape be charged to be committed on an infant under twelve years of age, she may be a competent witness if she hath sense and understanding to know the nature and obligation of an oath; and even if she hath not, she ought to be heard without oath, to give the court information, though that alone wilt not be sufficient to convict the offender. But whether the child be sworn or not, it is to be wished, in order to ret der her evidence credible, that there should be some concur

rent testimony of time, place, and circumstances, in order to make out the facts, and that the conviction should not bẹ grounded singly on the unsupported accusation of any infant under years of discretion.

There may be therefore, in many cases of this nature, wit nesses who are competent; that is, who may. be admitted to be heard, and yet after being heard, may prove not to be credible, or such as the jury is bound to believe. For the jury are triers of the credibility of the witnesses, as well as of the truth of the fact.

"It is true," says a very learned judge and a good man, "that rape is a most detestable crime, and therefore, ought severely and impartially to be punished with death. But it must be remembered, that it is an accusation easy to be made, hard to be proved, but harder to be defended by the party accused, though innocent." He then relates two very extraordinary instances of malicious prosecutions for this crime, that happened within his own observation; and concludes thus. I mention these instances, that we may be the more cautious upon trials of offences of this nature, wherein the court and jury, may with so much ease be imposed upon without great care and vigilance. The heinousness of the offence mamy times, transporting the judge and jury with so much indignation, that they are over hastily carried to the conviction of the person accused thereof, by the confident testimony of sometimes false and malicious witnesses."

RECOGNIZANCES.

A Recognizance is a bond or obligation of record, testify ng the cognizor to owe a certain sum of money to the state, and the acknowledging the same is to remain of record; and mone can take it but only a judge, or justice, or officer of record.

If a justice compounds recognizances, and does not return them to the court, he may be indicted.

As soon as it is taken or acknowledged, and reduced to writing by a judge or justice, or other proper officer, it is a

record.

Whenever any statute or act of assembly gives power to a justice or justices to take a recognizance, or to bind over any man to appear at the county or supérior court, or take sure ses for any matter or cause, or where they have this latter K. K