prosecute. pelled to testify. any other person not a juror; and every person not a juror as aforesaid, who shall, during the progress of any trial, by a jury, before the superior court, converse concerning the same with any one or more of the jurors impanneled for, and engaged in, the trial of any such cause, shall be punished by fine not exceeding one hundred dollars. State attorney to SECT. 108. The state's attorney, in the county wherein any of the provisions of the preceding section are violated, shall prosecute the Person violating person violating the same; and any juror, or other person, violating act may be com- the same, shall be compelled, as a witness, to disclose the fact, and all matters and acts connected therewith, (if thereto required,) on the trial of any such prosecution, wherein the person so called upon to disclose is not a party; but no such disclosure shall be used as evidence against the person making the same. CHAPTER VI. OF OFFENSES AGAINST THE PUBLIC PEACE. Challenge to a duel. Carrying or delivering challenge. Riotous persed. assem SECT. 109. Every person, who shall challenge another to fight, at sword, pistol, rapier, or any other dangerous weapon, or who shall accept any such challenge, shall, for every such offense, pay a fine of three thousand dollars, and shall also find sufficient sureties, to the acceptance of the court having cognizance of the offense, for his good behavior, for such time as the court shall order, and every such person, after conviction of such offense, shall be disabled forever from holding any office of profit or honor under this state; and if, on conviction, he shall neglect, or be unable, to pay such fine, he shall be imprisoned in a common jail, for the term of one year. SECT. 110. Every person, who shall willingly, or knowingly, carry or deliver any such challenge, in writing, or verbally deliver any message intended as, or purporting to be, such a challenge, or who shall be present at the fighting of any duel, as a second, or aid, or give countenance thereto, shall, for every such offense, pay a fine of three thousand dollars, and shall also find sureties, to the acceptance of the court having cognizance of the offense, for his good behavior, for such time as the court shall order; and such person, after conviction of such offense, shall be disabled forever from holding any office of profit or honor under this state; and if, on conviction, he shall be unable, or neglect, to pay said fine, he shall be imprisoned in a common jail, for the term of one year. SECT. 111. Every justice of the peace, sheriff, deputy-sheriff, conbly, how dis- stable, and selectman, within the limits of his jurisdiction, on having notice, or knowledge, of any unlawful and riotous assembly of three or more persons, who shall have come together with intent to do any unlawful act, with force or violence, against the peace, or to the manifest terror of the people, shall resort to the place where such assembly shall be, and coming to such rioters, or as near as he can safely come to them, then and there, with an audible voice, shall mation. command, or cause to be commanded, silence to be observed while proclamation is being made; and after that, he shall openly, and with an audible voice, make, or cause to be made, a proclamation in these words, or in words of a similar effect, to wit: "In the name Form of proclaand by authority of the state of Connecticut, I charge and command all persons assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, on penalty of the law." ing together to be SECT. 112. If such persons, so unlawfully and riotously assem- Persons continubled, or any three or more of them, after proclamation made as apprehended. aforesaid, shall not disperse, every justice of the peace, sheriff, deputy-sheriff, constable, or selectman, where such assembly shall be, and such other person, or persons, as he shall command to assist him, shall apprehend such persons so unlawfully and riotously continuing together, after proclamation made as aforesaid, and forthwith carry the persons so apprehended, before some justice of the peace, in order to their being proceeded against according to law.* SECT. 113. And if any of the persons, so unlawfully and riotously Magistrates, &c., assembled, shall be killed, wounded or hurt, in the dispersing, appre-ished for injuries hending, or endeavoring to disperse or apprehend them, by reason of their resisting the persons so dispersing, or endeavoring to disperse or apprehend them, every justice of the peace, sheriff, deputysheriff, constable, and selectman, and all persons aiding them, or any of them, shall be freed, discharged, and indemnified, as well against the public, as against all persons whatsoever, from such killing, wounding, or hurting. not to be pun done in suppressing riot. dispersing. SECT. 114. All persons, so unlawfully and riotously assembled, Penalty for not who shall not, after proclamation made as aforesaid, immediately disperse, and peaceably depart to their habitations, or to their lawful business, or, having so assembled, as aforesaid, shall do any unlawful act against any man's person, profession, or property, or against the public interest in any particular, in manner aforesaid, shall be severally punished by a fine, not exceeding sixty-seven dollars, or by imprisonment in a common jail, not exceeding six months, or by such fine and imprisonment both. clamation, how SECT. 115. Every person, who shall, with force and arms, willfully Obstructing proand knowingly, oppose, obstruct, or in any manner hinder, or hurt, punished. any person, while going to, attempting, or beginning to make, proclamation against riot, as aforesaid, shall be punished by a fine, not exceeding sixty-seven dollars, or by imprisonment in a common jail, not exceeding six months, or by such fine and imprisonment both. SECT. 116. All persons so unlawfully and riotously assembled, to Not dispersing the number of three or more, to whom proclamation should or would tion made. have been made, if the same had not been hindered as aforesaid, who shall continue together, and not immediately disperse, after such hindrance, having knowledge thereof, shall be severally punished by a fine, not exceeding sixty-seven dollars, or by imprisonment in a common jail, not exceeding six months, or by such fine and imprisonment both. after proclama SECT. 117. Every person, who shall, in the night season, or in a Destroying turnriotous or tumultuous manner, or being armed, or disguised in his night season. person, dress, or appearance, break, destroy, pull down, or remove, or in any way or manner, injure any gate, toll-house, or fence, * Justice having arrested offender, a complaint is then necessary. Tracy v. Williams, 4 C. R. 107. 1847. Prize fight. Aiding, &c., in prize fight. Breach of the peace. 1853. Using fire-crack ers. 1864. Using threats or erected across any highway, to prevent the passing by any gate belonging to any turnpike company in this state, or to any company incorporated for supporting any toll-bridge in this state, shall pay a fine, not exceeding one hundred dollars, nor less than twenty dollars, and suffer imprisonment in a common jail, for a term not exceeding six months, nor less than two months. SECT. 118. Every person, who shall be engaged, or concerned, as principal or second, in any prize fight, in this state, shall be punished by imprisonment in the Connecticut state prison, for a period not exceeding five years. SECT. 119. Every person, who shall be present at any prize fight, to aid, abet, or assist therein, or give countenance thereto, or who shall aid or encourage such fight, in this state, without being present thereat, shall be imprisoned in the Connecticut state prison, for a period not exceeding two years. SECT. 120. Every person, who shall disturb, or break the peace, by tumultuous and offensive carriage, threatening, traducing, quarrelling with, challenging, assaulting, beating, or striking, any other person, shall pay such fine, not exceeding one hundred dollars, as, on consideration of the party offending, the party aggrieved, the instrument used, the degree of danger, the time, place, and provocation, shall be judged just and reasonable, or shall suffer imprisonment in a common jail, not exceeding six months, or shall pay such fine and suffer such imprisonment both.* SECT. 121. Every person, who shall use fire-crackers, on any other day than the fourth day of July, or other public holiday, in each year, shall be punished by a fine of five dollars for every such offense. SECT. 122. Every person, who shall, by himself, or in combination intimidation, to with others, threaten, or use any means to intimidate, any workman workmen in the employ of any person or corporation in this state, with the intent, by such threats and intimidation, to cause such workman to leave such employ, shall be punished by a fine, not exceeding one hundred dollars, or by imprisonment in a common jail not exceeding six months, or by such fine and imprisonment both. cause 1865. Indecent and abusive lan guage. SECT. 123. Every person, who shall disturb or break the peace, or stir up or provoke contention and strife, by following, or mocking any person, with scurrilous, or abusive, or indecent language, or gestures, or noise, or who shall, by any letter or other writing, with intent to intimidate any person, threaten to commit any crime against any person, or against the property of any person, or who shall write, or print, and publicly exhibit, or cause to be exhibited, or distribute, or cause to be distributed, any indecent, libelous, or obscene and abusive matter, of or concerning any person, or persons, shall pay a fine not exceeding five hundred dollars, or suffer impris onment in a common jail not exceeding one year, or shall pay such fine and suffer such imprisonment both. * An actual assault is not necessary under this section. State v. Farrell, 29 C. R. 72. Superior court has not jurisdiction of ordinary breaches of the peace. State v. Peck, 31 C. R. 466. CHAPTER VII. OF OFFENSES AGAINST CHASTITY. SECT. 124 Every person, who shall have carnal knowledge of any Sodomy. man, against the order of nature, shall be punished by imprisonment in the Connecticut state prison, during his natural life, unless it shall appear that one of the parties was forced, or under fifteen years of age, in which case, the party forced, or under the age aforesaid, shall not be liable to suffer said punishment. SECT. 125. Every man, or woman, who shall have carnal copu- Bestiality. lation with any beast, shall be punished by imprisonment in the Connecticut state prison, during his, or her, natural life. SECT. 126. Every man, and every married woman, who shall Adultery. commit the crime of adultery with each other, shall be punished by imprisonment in the Connecticut state prison, not less than two, nor more than five years.* SECT. 127. No person shall marry within the following degrees Incest. of kindred: that is to say, no man shall marry his grand-father's wife, wife's grand-mother, father's sister, mother's sister, father's brother's wife, mother's brother's wife, wife's father's sister, wife's mother's sister, father's wife, wife's mother, daughter, wife's daughter, son's wife, sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daughter, brother's son's wife, sister's son's wife; and every man and woman who shall marry, or carnally know, each other, being within any of the degrees of kindred aforesaid, shall be punished by imprisonment in the Connecticut state prison, not less than two, nor more than five years; and every marriage, within any of the degrees of kindred aforesaid, shall be, to all intents and purposes, null and void.t SECT. 128. Every married person, his lawful wife, or her lawful Bigamy. husband, being alive, who shall márry any other person, and every single person, who shall marry any married person, his lawful wife, or her lawful husband, being alive, and all persons so unlawfully married, who shall continue to live together as husband and wife, with knowledge of the facts aforesaid, shall be punished by imprisonment in the Connecticut state prison, not less than two years, nor more than five years; and such unlawful marriage shall be, to all intents and purposes, null and void. 1848. Persons commit SECT. 129. Every married person, his lawful wife, or her lawful husband, being alive, who shall marry any other person, in any other ting bigamy in state or country, in violation of the laws thereof, and every single cohabiting in this person who shall, in any other state or country, in violation of the state, may be * The solicitation of a person to commit adultery, is a high crime and misdemeanor. State v. Avery, 7 C. R. 266. Under an information for adultery charging but one offense, and that in a single count, evidence of one act only is admissible. State v. Bates, 10 C. R. 372. In an information for incest, alleged to have been committed by the prisoner with his legitimate daughter, an actual marriage between the prisoner and such daughter's mother must be proved. State v. Roswell, 6 C. R. 446. other states, and punished here. 1847. Seduction. laws thereof, marry any married person, his lawful wife, or her lawful husband, being alive, and all persons so unlawfully married, who shall come into this state, and here cohabit and live together as husband and wife, with knowledge of the facts, shall be punished by imprisonment in the Connecticut state prison, not less than two, nor more than five years; provided, that such marriage, if it had been contracted within the limits of this state, would have been in violation of the laws thereof. SECT. 130. Every person, who shall seduce and commit fornication, with any female under the age of twenty-one years, or who shall entice or take away any such female from her parent, guardian, or residence, for the above named purpose, shall, for the first offense, be punished by imprisonment in a common jail, for a term not exceeding one year, and by a fine not exceeding one thousand dollars. SECT. 131. Upon any subsequent conviction, for a similar offense, ond conviction. the offender shall be punished, either in the manner provided in the preceding section, or by confinement in the Connecticut state prison for a term not exceeding three years, and by a fine, not exceeding two thousand dollars. Penalty for sec Fornication. Lascivious car riage. 1845. SECT. 132. Every person, who shall commit the crime of fornication, shall pay a fine of seven dollars, or suffer imprisonment in a common jail, not exceeding thirty days. SECT. 133. Every person, who shall be guilty of lascivious carriage or behavior, shall be punished by a fine, not exceeding seven dollars, or by imprisonment in a common jail, not exceeding thirty days, or by such fine and imprisonment both." SECT. 134. Every person, who shall keep a house of ill fame, reKeeping house of sorted to for the purposes of prostitution, or lewdness, or who shall reside in, or frequent such house, for the purposes aforesaid, shall be punished by imprisonment in a common jail, for a term not exceed ing six months, or by a fine, not exceeding one hundred dollars, or by such fine and imprisonment both.f 1864. ings, &c., to be SECT. 135. Every person, who shall knowingly let or lease any Leasing build building, room, or tenement, owned by him, or under his control, to used for purposes be used for purposes of prostitution or lewdness, or for illegal gamof prostitution, ing, or who shall knowingly permit any building, room, or tenement, Acting as bar tender or servant fame. or any part thereof, while under his control, to be used for any such purpose, or who, after due notice of any such use, by any officer of the town or city in which such building, room, or tenement, is located, shall neglect to take all reasonable measures to eject therefrom the occupants so using, or permitting such premises to be used, as soon as it can lawfully be done, shall be punished by a fine, not exceeding five hundred dollars, or suffer imprisonment in the common jail, not exceeding six months. SECT. 136. Every person, who shall act as bar-tender, or as chamin a house of ill bermaid, or as servant in any other capacity, in a house of ill fame, resorted to for the purposes of prostitution or lewdness, shall be punished by a fine not exceeding one hundred dollars, or by impris onment in a common jail, for a term not exceeding six months, or by such fine and imprisonment both. * Wanton and lascivious acts of one person, practiced towards another of a different sex, against the will of such person, in the absence of all others, may constitute this offense, and the person against whom the acts are practiced is a competent witness. Fowler v. State, 5 Day, 81. In regard to the evidence necessary to support an information under this section, sce Cadwell v. State, 17 C. R. 467. |