any company or corporation by law authorized as a bank within this State, and payable or demandable at the office of any banking company or corporation established by any law of the United States; or if any person having knowledge of such false making, altering, forging and counterfeiting shall aid or assist in altering or rendering current as true, any such false, altered, forged or counterfeited notes, certificates, bills of credit, bank bills or notes, knowing the same to be false, altered, forged or counterfeited, and for that purpose shall possess, at any one time, any number not less than ten, with intent to utter or pass the same, and thereby to injure or defraud this State, any body politic or corporate, or any person, on conviction, shall be imprisoned at hard labor not less than one year and not exceeding fourteen years. bank notes, Sec. 835. Whoever shall utter, or tender in payment, as true, any false, altered, forged or counterfeited note, certificate, check Issuing forged or bill of any debt of this State, bank bill, check or promissory etc. note, payable to the bearer by any bank, knowing the same to be false, altered, forged or counterfeited, with the intent to injure or defraud this State, any body politic or corporate, or any person, shall, on conviction, be imprisoned at hard labor not exceeding three years, and fined not exceeding two thousand dollars. If the same person shall be convicted a second time of the like offense, or if at the same term he shall be charged and convicted in Punishment of three several instances, then he shall be punished by imprisonment at hard labor not more than ten years, and not less than two years. 14 A. 785. second offense. Penalty for bringing into, or having in his possession, forged or Sec. 836. Whoever shall bring into, or shall have in his possession, within this State, any false, forged or counterfeited bill or note in the similitude of the bills or notes payable to the bearer, issued by or for any bank or banking company which is or shall in this State, be established in this State, or in any part of the United States, counterfeited for the purpose of rendering it current as true, or with intent to bills, etc. pass it, knowing it to be false, forged or counterfeited, on conviction shall be punished by imprisonment at hard labor not exceeding three years. Penalty for papers, etc., feiting, how Sec. 837. Whoever shall engrave, form, make or mend; or shall begin to engrave, form, make or mend any plate, paper-roll- making ening press, or other tool, instrument or material, devised, adapted graving plates, and designed for the stamping, forging and making any false and for countercounterfeited certificates, bills or notes, which have been or which punished. shall be issued by or for any debt of this State, or by or for any bank or banking company which is or shall be established in this State, or in any other part of the United States, or shall have in his possession any such plate engraven in any part, or any paperrolling press, or other tool, instrument or material devised, adapted and designed as aforesaid, with intent to use and employ it, or cause or permit it to be used and employed in forging and making any such false and counterfeited certificates, bills or notes, upon conviction, shall be punished by imprisonment at hard labor not exceeding seven years. Sec. 838. Whoever shall forge or counterfeit, or shall procure Penalty for to be forged or counterfeited, or shall aid or assist in forging or Counterfeiting counterfeiting, any gold or silver coin current within this State; gold or silver or if any person knowing of such forging or counterfeiting, shall forging or coin. Penalty for forg bringing to the State, etc. ed coin into aid and assist in passing and rendering current, as true, any such forged or counterfeited coin, and for that purpose shall at any one time possess any number not less than five similar pieces of false money or coin, forged or counterfeited in similitude of the gold or silver money or coin, current as aforesaid, with intent to utter the same as true, knowing it to be false, forged and counterfeited, upon conviction thereof, shall be punished by imprisonment at hard labor not exceeding fourteen years. Sec. 839. Whoever shall bring into this State, or shall possess within it, any number of similar pieces of false money or coin, forged or counterfeited as aforesaid, knowing them to be false, forged and counterfeited, with intent to utter and pass them as true; or shall utter, tender in payment, or pass as true, any false money or coin, knowing it to be false, being counterfeit in the similitude of any gold or silver money, or coin current by law, with intent to defraud any person, upon conviction thereof, shall be punished by imprisonment at hard labor not exceeding ten years. Sec. 840. Whoever shall cast, stamp, engrave, form, make, or Punishment mend, or shall knowingly possess any mould, pattern, die, pundies, patterns, cheon, engine, press, or other tool or instrument, devised, adapted, etc., for coun- or designed for the coining and making of any false and counterfeit money or coin, in the similitude of the gold or silver coin, or money current within this State, by the laws or usages thereof, with the intent to use and employ, or cause or permit it to be used or employed in coining and making any such false and counterfeit money or coin, shall be imprisoned at hard labor for a term not exceeding fourteen years. for making terfeiting coin. Penalty for burning in the house, etc., in 14 A. 785; 1 M. 146, 208. OFFENSES AGAINST HABITATIONS, ETC. Sec. 841. Every person who shall willfully or maliciously set night-time any fire to or burn, in the night-time, any house, ship, vessel, steamwhich a person boat, or other water-craft in which there shall be, at the time, habitually stays at night. some human being usually staying, lodging, or residing at night, upon conviction thereof shall suffer death. Penalty for ting fire to day-time. Act 1858, p. 212. 12 A. 482. Sec. 842. Every person who shall willfully or maliciously set burning or set fire to or burn, in the day-time, any house, ship, vessel, steamhouse, etc., in boat, or other water-craft, in which some human being shall, at the time, usually stay, lodge, or reside, upon conviction thereof shall be imprisoned at hard labor for not less than ten years and not more than twenty years. Penalty for burning Sec. 843. Every person who shall willfully or maliciously set houses, etc., fire to or burn any outhouse, stable or barn, any shop, store, office, warehouse, sugar-house, cotton-gin-house, cotton-press, cotton-pickery, school-house, church, or any building of public wor not embraced in foregoing sections. ship, or any other building or house, not embraced and provided for in the two preceding sections, or any vessel, ship, or steamboat, or other water-craft not embraced and provided for in the two preceding sections, shall, upon conviction, suffer imprisonment at hard labor for not less than seven years nor more than twenty years. 5 A. 340; 12 A. 382. setting fire to means of Sec. 844. Whoever shall willfully or maliciously set fire to or Penalty for burn any fences piles of wood, shed, boards, lumber, or other fence, etc., by combustible matter, by means of which any house or building, or which any any vessel, steamboat, or other water-craft, be burnt, on convic- house, etc., tion, shall suffer imprisonment at hard labor for not less than seven nor more than fourteen years. may be burnt. tempt to set etc. Sec. 845. Whoever shall attempt willfully and maliciously to set fire to any house, or building, or to set fire to any vessel, Penalty for atsteamboat, or other water-craft, shall on conviction, be impris- fire to house, oned at hard labor for not less than five nor more than ten years. Sec. 846. Whoever shall be convicted of having maliciously prepared combustible matters and put them in any place with the Penalty for preparing intent to set fire to any house or building, or to a vessel, steam-combustible boat, or other water-craft, the person thus convicted shall be sen- the purpose of tenced to an imprisonment at hard labor for not less than five setting are. years nor more than fifteen years, although the said person had not yet set fire to the said combustible matters. materials, for setting fire to to set fire to Sec. 847. Every person who shall willfully and maliciously set fire or burn, or attempt to set fire to or burn any bridge, shed, Penalty for railroad, plankroad, railroad car, carriage or other vehicle, or any or attempting goods, wares, or merchandise, or any stock, bale or heap of hay, bridges, etc. fodder, grain, corn or other produce, or any crop of cotton, grain, or produce growing or standing in the field, or any nursery, orchard, or grove of trees not his own, or any fence around any field, farm or inclosure of another, or any cord-wood in the cord, or any coal in a coal-boat, coal-yard, or in a pile on the levee, or in the street, not belonging to himself, shall, on conviction, be imprisoned at hard labor for not less than one year nor more than five years. cotton, etc. Sec. 848. Every person who shall willfully and maliciously set fire to or burn, or attempt to set fire to or burn any cotton, Penalty for or bales of cotton, situated upon the levee, in the street, or ban- setting tire to quette, in any cotton-press, or yard, or elsewhere, shall upon conviction, suffer imprisonment at hard labor for not less than five years nor more than twenty years. liver cotton, Sec. 849. Any person who shall fail or refuse to surrender or deliver to the owner, his agent, consignee or insurer, any bale or Penalty for rebales of cotton which may have been recovered or saved in the fusing to demanner herein before mentioned after the salvage fees shall have etc. been paid or tendered to him; and any person who shall secrete, convert to his own use, or sell, otherwise than is allowed by this act, any bale or bales of cotton, so saved by him from the water, or which may have been placed in his charge by the salvor, shall Burglary, armed with a dangerous weapon. out being dangerous weapon, etc. be deemed to be guilty of a felony, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, and shall be confined at hard labor in the penitentiary for a term not exceeding one year. D. Sec. 8470. Sec. 850. Whoever, with the intent to kill, rob, steal, commit rape, or any other crime, shall, in the night-time, break and enter, or having, with such intent, entered in the night-time, break a dwelling-house, any person being lawfully therein, and such offender being, at the time of such breaking or entering, armed with a dangerous weapon, or arming himself in such house with a dangerous weapon, or committing an actual assault upon any person, lawfully being in such house; any person present aiding, assisting or consenting in such burglary, or accessory thereto before the fact by counseling, hiring or procuring such burglary to be committed, on conviction shall suffer the punishment of death. Act 1855, p. 130. Sec. 851. Whoever, with intent to kill, rob, steal, commit a rape or any other crime, shall, in the night-time, break and enter, Burglary with- or having with such intent entered, shall, in the night-time, break armed with a a dwelling-house, without being armed with a dangerous weapon, or without arming himself in such house with a dangerous weapon, and without committing an assault upon any person lawfully being in such house, and every person present aiding and abetting in such burglary, or accessory thereto before the fact by counseling, or hiring, or procuring such burglary to be committed, on conviction shall be imprisoned at hard labor not exceeding fourteen years. Burglary of any store, warehouse or outhouse. Sec. 852. Whoever, with intent to kill, rob, steal, commit a rape, or any other crime, shall in the night-time break and enter into any shop, store, court-house, church, barn, rice or sugarhouse, cotton-gin, office, warehouse, or any outhouse appurtenant to a dwelling-house, plantation, or any vessel, or having with such felonious intent entered, shall in the night-time break any such house, building or vessel, and every person present aiding, assisting or consenting in such burglary, or accessory thereto before the fact, by counseling, hiring or procuring such burglary to be committed, on conviction shall suffer imprisonment at hard labor not exceeding ten years. Sec. 853. If any person shall knowingly harbor, conceal, mainBurglary, ac tain or assist any principal offender or accessory thereto, before the fact, he shall suffer imprisonment at hard labor not exceeding five years. cessories after the fact. house or out Sec. 854. Whoever, with intent to kill, rob, steal, commit a Entering any rape, or any other crime, shall in the night-time enter without house, without breaking, or in the day-time break or enter any dwelling-house, intent to com- or outhouse thereto adjoining and occupied therewith, or any mit felony. office, shop, or warehouse, or any vessel, and every person present aiding or abetting in the commission of such offense, or who shall breaking, with have counseled, hired or procured the same to have been committed, on conviction shall be imprisoned at hard labor not exceeding five years, and fined not exceeding one thousand dollars. OFFENSES AGAINST THE STATE AND PUBLIC JUSTICE. defined. Sec. 855. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid Treason and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court. Whoever shall be guilty of the crime reason, how of treason, on conviction, shall suffer death. punished. crimes. Sec. 856. If any person having knowledge of the commission of any crime punishable with death, or imprisonment at hard la- Misprision of bor, shall conceal and not disclose it to some committing magistrate or district attorney, on conviction he shall be fined not exceeding three hundred dollars, and imprisoned at hard labor or otherwise not exceeding twelve months, at the discretion of the court. Sec. 857. Whoever shall willfully and corruptly commit perjury, or shall by any means procure any person to commit cor- Perjury. rupt and willful perjury on his oath or affirmation in any suit, controversy, matter or cause depending in any of the courts of this State, or in any deposition or affidavit taken or made pursuant to its laws, upon conviction shall be imprisoned at hard labor not more than ten nor less than five years. D. Sec. 933, 2254. perjury. Sec. 858. In every presentment or indictment against any person for willful and corrupt perjury, it shall be sufficient to set forth Indictment for the substance of the offense charged, and by what court, or before whom the oath or affirmation was taken (averring such court or person to have competent authority to administer the same), together with a proper averment to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding other than as aforesaid, and without setting forth the commission or authority of the court, or the commission or authority of the person before whom the perjury was committed. Averments of Sec. 859. In any indictment for subornation of perjury, it shall be sufficient to set forth the substance of the offense charged, Adictment for without setting forth the bill, answer, information, indictment or subornation of declaration, or any part of the record or proceeding, and without setting forth the commission or authority of the court or person before whom the perjury was committed. Sec. 860. Whoever shall, directly or indirectly, give or prom ise to any judge, or other person concerned in the administration perjury. of justice, any bribe or reward to influence his behavior in office, Bribery. shall suffer fine or imprisonment, or both, at the discretion of the court. |