Punishment for robbery, when

not armed with

weapon, nor

&c.

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 labor, for a term not exceeding five years, to be ordered as aforesaid.

SEC. 7. Be it further enacted, That any person, who shall the offender is by force and violence, or by other assault and putting in fear, a dangerous feloniously steal, rob and take from the person of another, intends to kill, 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 offender, and any 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 done, who in the Supreme Judicial Court, shall be duly convicted of either of the felonies and offences aforesaid, shall be punished by solitary imprisonment for such term, not exceeding two years, and by confinement afterwards, to hard labor for life.

Punishment of

armed with a

weapon, and in

&c.

SEC. 8. Be it further enacted, That if any person shall robbery, when commit an assault upon another, and shall rob, steal and dangerous take from his person, any money, goods, or chattels, or any tending to kill, property which may be the subject of larceny, such robber being, at the time of committing such assault, armed with a dangerous weapon, with intent to kill or maim the person so assaulted and robbed; or if any such robber, being armed as aforesaid, shall actually strike or wound the person, so assaulted and robbed; every person so offending, and every person present, aiding and abetting in the commission of such felony, or who shall be accessary thereto before the fact, by counselling, hiring or procuring the same to be done and committed, and who shall be duly convicted thereof, shall suffer the punishment of death.

Death.

assault with

SEC. 9. Be it further enacted, That if any person, being Punishment of armed with a dangerous weapon, and with intent to commit intent to rob- robbery, shall assault another, every such offender, and evearmed with a ry person present, aiding and abetting, or who shall be acdangerous cessary before the fact, to the commission of the offence afore

offender being

weapon.

any other larce

said, by counselling hiring or procuring the same to be done and committed, and who shall be thereof duly convicted, shall be punished by solitary imprisonment, for such term not exceeding one year, and by confinement afterwards to hard labor, for such term not exceeding twenty years, as the Court, before whom the conviction may be, shall sentence and order.

SEC. 10. Be it further enacted, That if any person shall Punishment of commit any other larceny from the person of another, either ny from person. openly and violently, or privily and fraudulently, 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, 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 labor, 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.

Punishment of

violence, or

steal.

SEC. 11. Be it further enacted, 'That if any person with a dangerous weapon, or other actual violence, and with intent assault with to steal, in manner as aforesaid, shall assault another, every dangerous such offender, and any person present, aiding and assisting went to wintherein, 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 afterwards to hard labor, for a term not exceeding ten years, to be ordered as aforesaid.

accessaries to

fact.

SEC. 12. Be it further enacted, That if any person shall Punishment of knowingly harbor, conceal or maintain any principal felon or robbery or laraccessary before the fact, in any robbery or larceny, com- euy after the mitted in any manner as aforesaid, or shall receive or shall aid in concealing any money, goods or other articles stolen as aforesaid, knowing the same to have been so stolen, in any 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 labor 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 said Court, before whom the conviction may be, shall and may sentence and order, according to the nature and aggravation of the offence.

Accessary to

may be prose

though princiSvicted or prose

is not con

SEC. 13. Be it further enacted, That any person charged with the receipt or concealment of money, goods or other ar- such felony ticles stolen in any manner as aforesaid, knowing the same to cued for mishave been stolen, may be prosecuted therefor, as for a mis- demeanor. demeanor, although the principal felon chargeable, or charg-pat ed with the larceny, shall not have been prosecuted or con- cuted. victed; 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.

Punishment on

a second con

ceiver of stolen goods, or on conviction of

tore distet

offences of same kind, at same

terin.

SEC. 14. Be it further enacted, That if any person, having viction as re- 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 as aforesaid, stolen in any manner as aforesaid, in three distinct acts of receiving and 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 labor 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.

Case in which

Court may ex from punish ment by hard

empt convict

Court may al

low compensa

tion to prose

cutor for time

and trouble;

SEC. 15. Be it further enacted, That when any person convicted for the first offence as a receiver of stolen goods, or as 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 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 of hard labor.

SEC. 16. 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 recompence, 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 same to be granted as aforesaid, shall be the proper charge of this State, 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.

charged to the State.

Sheriff when

he arrests a

-to seize goods,

SEC. 17. Be it further enacted, That it shall be the duty of any Sheriff or other officer who shall be charged with, or person accused lawfully employed in, apprchending and arresting any permoney. &c. and son accused of the crime of larceny or robbery, or as accesof them to be sary therein, in any manner as aforesaid, to seize and secure annexed to his the money, goods or other articles aforesaid, alleged to be

make inventory

return.

stolen 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 waved by him or her in flying from justice. And of the money, goods or other articles aforesaid,

ас

able for such

which 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 officer, upon the warrant or process which shall have been issued for the arrest of any person accused as aforesaid; and such Sheriff or other officer shall be Sheriff accountcountable for the money, goods or other articles thereby goods, &c. seized and secured. And whenever the conviction of any person accused as aforesaid, shall be had upon the prosecu- On conviction tion, and by the care and diligence of the owner of any to be delivered money, goods or articles, found and seized as aforesaid, such to owner. 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.

labor to be

value of goods

&c.

goods to dispose

SEC. 18. Be it further enacted, That whenever, upon any convicts, senconviction as aforesaid, such convict shall be sentenced to tenced to hard confinement to hard labor, such owner prosecuting as afore- charged with said, shall be allowed against each and every convict, the stolen and not full amount or value of the money, goods or other articles restored, stolen or obtained by such larceny, and not restored or satisfied for, to be charged against such convict at his or her place of confinement under such sentence, and to be paid to be paid from from his or her net earnings, as the same shall accrue, and his earnings, 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 convict shall be unable to make restitution, or pay the amount or value as aforesaid, the Justices of the Court before whom the conviction may be, court may em may further sentence and order him or her to make satisfac- power owner of tion to such owner by service, who shall thereupon be em- of convict in powered to take such convict in service, or to dispose of him service-in case. or her to any person for such term of time, not exceeding three years, as shall be ordered by the said Justices: Provid- Proviso. ed however, That no such convict shall be held in gaol 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 unable to pay the same, upon application by the keeper of the gaol to any two Justices of the quorum, within the same County, they are hereby empowered to de

Persons charged with larceny,

in a sum double.

termine the sum to be paid, and to order such prisoner to make satisfaction by service, for 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 Circuit 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.

SEC. 19. Be it further enacted, That when any person, &c.to recognise charged with the crime of larceny, or as an accessary therethe value of the in, or as a receiver of money, goods or other articles stolen the sum requir. as alresaid, shall and may be let to bail, the recognisance ed to secure for the appearance of such person, shall be taken, with suffi

goods-besides

their appear.

ance.

phemy describ

ed.

cient 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 recognisance 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 recognisance, to the owner of such money, goods or other articles, provided he shall have been the prosecutor.

[Approved March 19, 1821.]

:0:

CHAPTER VIII.

An Act against Blasphemy, and profane Cursing and Swearing.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person shall Crime of blas wilfully blaspheme the holy name of God, by denying, cursing, or contumeliously reproaching God, his creation, government, or final judging of the world, or by cursing, or reproaching Jesus Christ, or the Holy Ghost, or by cursing or contumeliously reproaching the holy word of God, that is, the canonical scriptures, contained in the Books of the Old and New Testaments, or by exposing them, or any part of them, to contempt and ridicule; which books are as follows: Genesis, Exodus, Leviticus, Numbers, Deuteronomy, Joshua, Judges, Ruth, Samuel, Samuel, Kings, Kings, Chronicles, Chronicles, Ezra, Nehemiah, Esther, Job, Psalms, Proverbs, Ecclesiastes, the Song of Solomon, Isaiah, Jeremiah, Lamentations, Ezekiel, Daniel, Hosea, Joel, Amos, Obadiah, Jonah, Micah, Nahum, Habakkuk, Zephaniah, Haggai, Zechariah, Malachi, Matthew, Mark, Luke, John, Acts, Romans, Corinthians, Corinthians, Galatians, Ephesians, Phillipians, Colos