ing or persuading others to enlist for that purpose, or by furnishing such enemies with arms or ammunition, or any other articles for their aid and comfort, or by carrying on a traitorous correspondence with them, or shall form, or be in any wise concerned in forming any combination, or plot or conspiracy for betraying this State or the United States of America into the hands or power of any foreign enemy, or any organized or pretended government engaged in resisting the laws of the United States, or shall give or send any intelligence to the enemies of this State or of the United States of America, or shall, with intent to oppose, prevent or subvert the government of this State or of the United States, endeavor to persuade any person or persons from entering the service of this State or of the United States, or from joining any volunteer company or association of this State about being mustered into service, or shall use any threats or persuasions, or offer any bribe, or hold out any hope of reward, with like intent to induce any person or persons to abandon service, or withdraw from any volunteer company or association already organized under the laws of this Commonwealth, for that purpose; every person so offending and being legally convicted thereof, shall be guilty of a high misdemeanor, and shall be sentenced to undergo solitary imprisonment in the penitentiary, at hard labor, for a term not exceeding ten years, and be fined in a sum not exceeding five thousand dollars, or both, at the discretion of the court: Provided, That this act shall not prohibit any citizen from taking and receiving civil commissions for the acknowledgment of deeds and other instruments of writing.

1. Respublica v. Carlisle, 1778, 1 Dallas, 35.-"The overt act laid was taking a commission from the enemy: evidence was admitted to show that the defendant had a power of granting passes into, and out of, the city, then in possession of the enemy."

2. "It is sufficient, in such indictment, to lay, that the defendant sent intelligence to the enemy, without setting forth the particular letter or its contents."

Act 31 March, 1860, Sec. 77, P. L., 402, Petit Treason.Every person liable at a former period to be prosecuted for petit treason, shall in future be indicted, proceeded against and punished as is directed in other kinds of murder.

II. SUPPLYING ENEMY WITH VESSELS.

Act 18 April, 1861, Sec. 2, P. L., 408.—If any person or persons within this Commonwealth shali sell, build, furnish, construct, alter or fit out, or shall aid or assist in selling, building, constructing, altering or fitting out any vessel or vessels, for the purpose of making war or privateering, or other purpose, to be used in the service of any person or parties whatever, to make war on the United States of America, or to resist by force or otherwise the execution of the laws of the United States, such person or persons shall be guilty of a misdemeanor, and on conviction thereof, shall be sentenced to undergo solitary imprisonment, in the penitentiary, at hard labor, not exceeding ten years, and be fined in a sum not exceeding ten thousand dollars, or both, at the discretion of the court.

III. RECRUITING AND ENLISTING MEN FOR SERVICE IN

OTHER STATES.

Act 11 March, 1864, Sec. 1, P. L., 6.-No person shall, within this State, recruit, or enlist, or attempt, or offer, to recruit, or enlist, any man or men, to serve as a volunteer of any other State, or shall, in any way, procure, or attempt to procure, any man, or men, to leave this State, for the purpose of enlisting in the volunteers of any other State; and any person offending in the premises, or any of them, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to a fine, not exceeding five hundred dollars, and be imprisoned, at hard labor, for a term not exceeding twelve months; and all fines imposed under this act shall be paid to the person who shall have prosecuted the party offending to conviction.

TITLE B.

OFFENCES AGAINST PUBLIC JUSTICE.

I. Escape.

II. Aiding a prisoner to escape. III. Voluntary escape by officers in

criminal cases.

IV. Escape by negligence of officers or keepers of prisons. V. Refusal by an officer to arrest or receive an offender. Voluntarily permitting him to escape when in custody.

VI. Obstructing execution of legal process. Rescuing a prisoner in custody. Refusing to aid an officer.

VII. Barratry.

VIII. Compounding crimes.

IX. Dissuading a witness from tes-
tifying.

X. Extortion in taking illegal
fees.

XI. Embracery.

XII. Absconding witnesses. XIII. Refusal to appear and testify before legislative committees.

XIV. Perjury, and subornation of perjury.

XV. False swearing by officers of

banks or savings institutions, before the committee on banks of the Senate or House of Representatives, or before any justice of the peace, or other authorized person to administer oaths. XVI. False swearing before county auditors perjury.

XVII. False swearing to any bank statement deemed to be perjury.

XVIII. False personation.

XIX. Misdemeanors by district attorneys.

XX. When district attorney shall neglect or refuse to prosecute, how private counsel may do so.

XXI. Penalty for attempts to corrupt arbitrators.

XXII. Arbitrators, how punished for taking bribes.

I. ESCAPE.

Act 31 March, 1860, Sec. 3, P. L., 385, Escape in Criminal Cases; Breaking Prison, etc.-If any person arrested and imprisoned, charged with an indictable offence, shall break prison, or escape, or shall break prison, although no escape be actually made, such person shall be guilty of a misdemeanor, and on conviction, be sentenced to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding two years, if the criminal charge on which such person stood committed was a crime or misdemeanor punishable on conviction by imprisonment by

separate or solitary confinement at labor; or to imprisonment not exceeding one year, if such charge was a crime or misdemeanor punishable on conviction by simple imprisonment without labor; if any prisoner imprisoned in any penitentiary or jail, upon a conviction for a criminal offence, other than murder in the first degree, or where the sentence is for imprisonment for life, shall break such penitentiary or jail, although no escape be actually made by him, such person shall be guilty of a misdemeanor, and upon conviction of said offence, shall be sentenced to undergo an imprisonment, to commence from the expiration of his original sentence, of the like nature, and for a period of time not exceeding the original sentence, by virtue of which he was imprisoned, when he so broke prison and escaped, or broke prison although no actual escape was made by him.

1. Commonwealth v. Ramsey, 1867, 1 Brewster's R., 422.—By the 11th sec., Act 31 March, 1860, "Every objection to an indictment for any formal defect apparent on the face thereof, shall be taken by demurrer, or on motion to quash before the jury has been sworn."

2. One imprisoned under commitment of a United States commissioner, and who escapes from a county jail is amenable.

1. Commonwealth v. Miller et al., 1835, 2 Ash, 61.-"If a party be imprisoned upon an indictment found, or upon a regular commitment under the hand and seal of a justice of the peace, for a particular felony, or suspicion thereof, plainly set forth in the warrant, and he breaks prison and escapes, he is guilty of felony, and that without his being indicted, tried or convicted of the principal felony.

2. "A refusal to prosecute, or a return of ignoramus by the grand jury for the principal felony, is no acquittal; nor is it any bar to an indictment for breaking prison, whatever might be the effect of an acquittal by a jury.

3. "The crime of felony, for prison breaking, is within the benefit of clergy, and punishable by the 9th section of the Act of 22 April, 1794.”

ED. NOTE.-At this time, 1883, this crime is punishable under section 3d, Act of 31 March, 1860, P. L., 385.

II. AIDING A PRISONER TO ESCAPE.

Act 31 March, 1860, Sec. 4, P. L., 385.—If any person shall aid or assist a prisoner, lawfully committed or detained in any jail for any offence, to make or to attempt to make his escape therefrom, although no escape be actually made, or if any person shall convey, or cause to be delivered, to such prisoner, any disguise, instrument or arms proper to facilitate the escape of such prisoner, although no escape or attempt to escape be actually

made, he shall, on conviction, be deemed guilty of a misdemeanor, and be sentenced to undergo an imprisonment, by separate or solitary confinement at labor, or by simple imprisonment, not exceeding two years; and if any person shall aid or assist any prisoner to escape, or attempt to escape from the custody of any sheriff, constable, officer or other person who shall have the lawful charge of such prisoner, every person so offending, shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, or simple imprisonment, as the court may direct, not exceeding two years.

III. VOLUNTARY ESCAPE BY OFFICERS IN CRIMINAL CASES.

Act 31 March, 1860, Sec. 5, P. L., 386.-If any sheriff, coroner, keeper of any jail, constable or other officer, having any offender, convicted or accused of any crime, in his lawful custody for such crime, shall voluntarily permit or suffer such offender to escape and go at large, every such sheriff, coroner, keeper of jail, constable or other officer so offending, shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, or by simple imprisonment, not exceeding five years, and shall moreover by the said sentence be dismissed from office.

1. Weaver v. Commonwealth, 1857, 5 Casey, 446.-The record must show the facts to be as specified in the specifications of error.

2. Sentence is a sufficient disposition of a motion in arrest of judgment. 3. "It is not necessary either to aver or prove that the keeper of a common jail knew that the prisoners committed to his care were guilty of the offences with which they were charged, in order to convict him of a voluntary escape."

IV. ESCAPE BY NEGLIGENCE OF OFFICERS OR KEEPERS OF PRISONS.

Act 31 March, 1860, Sec. 6, P. L., 386.-If any keeper, jailer, sheriff, or other officer, having a prisoner in his custody or charge, under a criminal conviction, sentence or charge, shall suffer such prisoner through gross negligence to escape, he shall be guilty of a misdemeanor, and on conviction, be sentenced to an imprison