931 Penalty for acting as shipping mas- CREWS OF VESSELS, STEAMBOATS, ETC. Additional penal offenses made to the act approved fourteenth March, 1855, to wit: Going on board of any vessel to cause any of the crew or officers to desert or leave the same without the consent of the master or commanding officer; opposing or interfering with any command of the officer in charge of the vessel; refusing to leave the boat when ordered to do so, ⚫ 934 Penalty attached to such offensesfine-imprisonment, . . Offenders may be arrested and tried in the parish where the offense is committed, Power granted to commanding officer to arrest and bring him before a magistrate,. 934 935 936 938 DISTRICT. 938 Defining vagrants, Harboring or secreting seamen who .. 941 as evidence,. Penalty against masters of vessels for employing any one but licensed shipping masters, .. 942 Duty of sheriffs, constables, police men and other peace officers rela- 959 . 960 Sec. 784. Whoever shall commit the crime of willful murder, Punishment of on conviction thereof, shall suffer death. Act 1855, p. 130. murder. Sec. 785. There shall be no crime known under the name of murder in the second degree; but on trials for murder the jury Manslaughter. may find the prisoner guilty of manslaughter. Sec. 786. Whoever shall be convicted of manslaughter shall manslaughter. be fined in a sum not exceeding two thousand dollars, and im- Punishment of prisoned at hard labor not exceeding twenty years. ing, and pun Sec. 787. Whoever shall commit a rape shall, on conviction, Rape, poisonsuffer death. Whoever shall administer poison to any personshment therewith the intent to commit the crime of murder, shall, on con- of. viction, suffer death. Sec. 788. Whoever shall be convicted of the detestable and Punishment of crime against abominable crime against nature, committed with mankind or nature. beast, shall suffer imprisonment at hard labor for life. stabbing, with Sec. 789. Whoever shall commit the crime of incest shall, Incest. on conviction thereof, suffer imprisonment at hard labor for life. Sec. 790. If any person lying in wait, or in the perpetration Shooting, or attempt to perpetrate any arson, rape, robbery or burglary, intent to murshall shoot, stab or thrust any person with a dangerous weapon, ing in wait or with the intent to commit the crime of murder, he shall, on con- attempting to viction thereof, be punished with death. der, while ly commit certain other crimes. intent to mur Sec. 791. Whoever shall shoot, stab or thrust any person shooting or with a dangerous weapon, with intent to commit murder, under stabbing with any other circumstances than those mentioned in the preceding der. section, shall, on conviction, suffer imprisonment at hard labor or otherwise, for not less than one, nor more than twenty-one years. intent to com Sec. 792. Whoever shall assault another by willfully shoot- Assault with ing at him, or with intent to commit murder, rape or robbery, mit murder, shall, on conviction thereof, be imprisoned at hard labor, not rape or robexceeding two years. bery. dangerous weapon or kill. Assault with a Sec. 793. Whoever shall, with a dangerous weapon or with intent to kill, make an assault upon another person, in the peace with intent to of the State then being, shall, on due conviction thereof, suffer fine or imprisonment, or both, at the discretion of the court. Sec. 794. Whoever shall, with a dangerous weapon or with intent to kill, inflict a wound less than mayhem upon another with danger person, shall, on conviction, be imprisoned not exceeding two ous weapon, or years, nor less than six months, with or without hard labor, and fined not exceeding one thousand dollars. Inflicting a wound less than mayhem with intent to kill. ing, etc. Sec. 795. If any person with malice aforethought, shall cut Biting, maim- or bite off an ear, cut out or disable the tongue, while fighting or otherwise, slit, cut, or bite off the nose or lip, or cut off or disable any limb or member of any person, with intention in so doing to maim, disable or disfigure him, he shall, on conviction, pay a fine not exceeding one thousand dollars, and be imprisoned at hard labor not exceeding seven years. Assault and battery. Sec. 796. Whoever shall be guilty of assaulting and beating, False impris- Wounding, short of maiming, or of falsely imprisoning any person, shall, on conviction thereof, suffer a fine or imprisonment, or both, at the discretion of the court. onment. Assault. Putting out eyes. Affray. Bigamy. ensues. Sec. 797. Whoever shall be guilty of assaulting any person, shall suffer fine not exceeding one hundred dollars, or imprisonment not exceeding three months, or both, at the discretion of the court. Sec. 798. If any person, with malice aforethought, shall put out an eye of any person, while fighting or otherwise, with intent to disfigure or blind him, he shall, on conviction thereof, be fined not exceeding two thousand dollars, and imprisoned at hard labor, for not less than seven, nor more than fourteen years. Sec. 799. Whoever shall be guilty of an affray, on conviction, shall be punished by fine or imprisonment, or both, at the discretion of the court. Sec. 800. If any married person shall marry, the former husband or wife being alive, the one so offending shall, on conviction, pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding two years. The provisions of this section shall not extend to any person whose husband or wife shall absent himself or herself from the other, for the space of five years, the one not knowing the other to be living within that time; nor to any person who shall be at the time of such marriage divorced by competent authority, nor to any person whose former marriage by sentence of competent authority, shall have been declared void. D. Sec. 1720, 2210. Fighting a Sec. 801. If any person shall voluntarily engage in a duel duatech with rapier or small sword, back sword, pistol or other dangerous weapon to the hazard of life, and death shall ensue, the survivor shall, upon conviction, suffer death; and all and every person aiding and abetting as second, agent or abettor, shall, on conviction, be punished as accessories before the fact in murder. Sec. 802. Whoever shall by word, message, or in any other Penalty for manner, challenge another to fight in a duel, and whoever shall fight a quef, or challenging to knowingly be a second, challenger, agent or abettor in such chal- acting as seclenge, upon conviction, shall be punished by fine not exceed- and abetting ing two hundred dollars, and imprisonment not exceeding two years. ond, or aiding therein. cepting a chal Sec. 803. Whoever shall accept a challenge to fight a duel; Penalty for acwhoever shall knowingly be a second, agent or abettor in such lenge to fight a acceptance, upon conviction, shall be punished by fine not exceed- duel or acting ing one hundred dollars, and imprisonment not more than one agent or abet year. as second, tor. Sec. 804. Whoever shall maliciously defame any person by making, writing, publishing, or causing to be published, any manner of libel, shall, on conviction thereof, suffer fine or imprison- Libel. ment, or both, at the discretion of the court. D. Sec. 123, 3643. persons. Sec. 805. Whoever shall forcibly seize and carry out of this State, or from one part of this State to another, or shall imprison Kidnaping or secrete any person without authority of law; and all persons aiding, advising and abetting therein, on conviction, shall be imprisoned at hard labor, or otherwise, for a period not exceeding five years, at the discretion of the court. children of Sec. 806. Whoever shall take, with or without his consent, any male child under the age of fourteen years, or any female Kidnaping child under the age of twelve years, from the custody of his or certain ages. her parent, tutor or guardian, without authority of law, and all persons aiding, advising or abetting therein, on conviction, shall be imprisoned at hard labor, or otherwise, for a period not exceeding five years. procure ery or abor Sec. 807. Whoever shall feloniously administer, or cause to be administered, any drug, potion, or any other thing to any Attempt to woman, for the purpose of procuring a premature delivery, and mature deliv whoever shall administer, or cause to be administered to anyon woman pregnant with child, any drug, potion, or any other thing, for the purpose of procuring abortion, or a premature delivery, shall be imprisoned at hard labor, for not less than one, nor more than ten years. excluding person Sec. 808. Any officer, school, municipal, parish or State, or any teacher of any public school, who shall refuse to receive into Penalty for any school, any child between the ages of six and twenty-one from schools years, who shall be lawfully entitled to admission into the same, lawfully entiand who shall comply with such rules and regulations, as may tled to attend. be presented by the district board of school directors, and the State board of education, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred, nor more than five hundred dollars, and by imprisonment in the parish jail for not less than one month, nor more than six months; and all such causes shall have preference before other criminal cases upon the docket of the court, before which they shall be brought; and such person so offend |