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 Penalty for within it, any number of similar pieces of false money or coin, forged bringing forged the or counterfeited as aforesaid, knowing them to be false, forged and coin into State, etc. 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 mend, Punishment for or shall knowingly possess any mould, pattern, die, puncheon, engine, making dies, press, or other tool or instrument, devised, adapted or designed for for counterfeit the coining and making of any false and counterfeit money or coin, in patterns, etc., ing coin. Penalty for burning in the the similitude of the gold or silver coin or money current within this OFFENCES AGAINST HABITATIONS, ETC. SEC. 841. Every person who shall wilfully or maliciously set fire to night-time any or burn, in the night-time, any house, ship, vessel, steamboat or other house, etc., in which a person water-craft, in which there shall be at the time some human being habitually stays at night. usually staying, lodging or residing at night, upon conviction thereof shall suffer death. Penalty for burning or set ting fire to Act 1870. Ex. S., No. 8, p. 50, sec. 5; Act 1858, p. 212; 12 A. 432. SEC. 842. Every person who shall willfully or maliciously set fire to or burn, in the day-time, any house, ship, vessel, steamboat or other house, etc., in water-craft, in which some human being shall at the time usually stay, day-time. lodge or reside, upon conviction thereof shall be imprisoned at hard labor for not less than ten years and not more than twenty years. Act Ex. S. 1870, No. 8, p. 50, sec. 5, 6. Penalty for burning houses, etc., not em SEC. 843. Every person who shall wilfully or maliciously set fire to or burn any outhouse, stable or barn, any shop, store, office, ware braced in fore- house, sugar-house, cotton-gin-house, cotton-press, cotton-pickery, school-house, church; or any building of public worship; or any other going sections. 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. Act 1870, Ex. S., p. 49, No. 8, sec. 5, 6; 5 A. 340; 12 A. 382. means of which SEC. 841. Whoever shall wilfully or maliciously set fire to or burn any fences, piles of wood, shed, boards, lumber or other combustible Penalty for setting fire to matter, by means of which any house or building, or any vessel, fence, etc., by steamboat or other water-craft, be burnt, on conviction shall suffer any house, etc., may be burned. imprisonment at hard labor for not less than seven nor more than fourteen years. Act Ex. S. 1870, p. 49, No. 8, sec. 5, 6. Penalty for at fire to house, etc SEC. 845. Whoever shall attempt wilfully and maliciously to set fire to any house or building, or to set fire to any vessel, steamboat tempting to set or other water-craft, shall, on conviction, be imprisoned 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 intent Penalty for preparing combasto set fire to any house or building, or to a vessel, steamboat or other tible materials for the purpose water-craft, the person thus convicted shall be sentenced to an im- of setting fire. prisonment at hard labor for not less than five years nor more than fifteen years, although the said person had not yet set fire to the said combustible matters. SEC. 847.. Every person who shall wilfully and maliciously set fire to Penalty for or burn, or attempt to set fire to or burn any bridge, shed, railroad, setting fire to or attempting flankroad, railroad car, carriage or other vehicle; or any goods, to set fire to bridges etc. Wares or merchandise; or any stock, bale or heap of hay, fodder, grain, corn or other produce; or any crop of cotton, grain or produce growing or standing in the field; or any ursery, orchard or grove of trees not his own; or any fence around any field, farm or enclosure of another; or any cord-wood in the cord, or any coal in a coal-boat, ecal-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. ting fire to cot SEC. 843. Every person who shall wilfully and maliciously set fire to or burn, or attempt to set fire to or burn, any cotton or bales of Penalty for setectton situated upon the levee, in the street or banquette, in any ton, etc. ectton-press or yard, or elsewhere, shall, upon conviction, suffer imprisonment at hard labor for not less than five years nor more than twenty years. SEC. 849. (Penalty for refusing to deliver cotton, etc.) See D. 3470. SEC. 850. Whoever, with the intent to kill, rob, steal, commit rape Burglary armed or any other crime, shall, in the night-time, break and enter, or havwith a dangerous weapon. ing, with such intent, entered in the night time, break a dwellinghouse, 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 consent. ing in such burglary, or accessory thereto before the fact, by counsel. ing, hiring or procuring such burglary to be committed, on conviction shall suffer the punishment of death. Burglary without being armed ous weapon, etc. 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, or having with such intent entered, shall, in the night-time, break a dwellingwith a danger 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. SEC. 852. Whoever, with intent to kill, rob, steal, commit a rape or Burglary of any any other crime, shall, in the night-time, break and enter into any shop, store, ware house or out house. Burglary, accessories after the fact. store, court-house, church, barn, rice or sugar-house, 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, maintain or assist any principal offender or accessory thereto before the fact, he shall suffer imprisonment at hard labor not exceeding five years. SEC. 854. Whoever, with intent to kill, rob, steal, commit a rape or Entering any any other crime, shall, in the night-time, enter without breaking, or in house or outhouse, without the day-time break or enter any dwelling-house, or outhouse thereto breaking, with intent to com- adjoining and occupied therewith, or any office, shop or warehouse, or any vessel, and every person present aiding or abetting in the commission of such offence, or who shall have counseled, hired or procured the same to have been committed, on conviction shall be mit felony. imprisoned at hard labor not exceeding five years, and fined not exceeding one thousand dollars. OFFENCES AGAINST THE STATE AND PUBLIC JUSTICE. Treason defined. SEC. 855. Treason against the State shall consist only in levying SEC. 856. If any person having knowledge of the commission of Treason, how any crime punishable with death or imprisonment at hard labor, Misprision of shall conceal and not disclose it to some committing magistrate or crimes. 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 wilfully and corruptly commit perjury, or shall by any means procure any person to commit corrupt and wilful 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. Act 1870, Ex. S., p. 50, No. 8, sec. 5. 6; D. sec. 933, 2254; Act 1876, p. 114, No. 72, sec. 4; Act 1877, Ex. S., p. 57, No. 35; Act 1872, p. 42, No. 4-bribery; D. sec. 880. Perjury. Indictment for SEC. 858. In every presentment or indictment against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged, and by what court, or before whom perjury. 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, auswer, 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. D. sec. 976; 33 A. 1172. Averments of SEC. 859. In any indictment for subornation of perjury it shail be sufficient to set forth the substance of the offence charged, without indictment for setting forth the bill, answer, information, indictment or declaration, perjury. subornation of Bribery. rupt or awᎾ jurors. 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. D. sec. 976. SEC. 860. Whoever shall directly or indirectly give or promise to any judge, or other person concerned in the administration of justice, any bribe or reward to influence his behavior in office, shall suffer fine or imprisonment, or both, at the discretion of the court. D. sec. 880; Act 1872, p. 42, No. 4. SEC. 861. Every attempt to corrupt or awe jurors in the trial of Attempt to cor. any cause, either civil or criminal, depending in any court in this State, by menaces, threats, giving money, or promise of any pecuniary advantage or otherwise, shall, on conviction, be fined not less than one hundred nor more than five hundred dollars, and imprisoned not less than six months nor more than two years. If any juror shall take any reward from either of the parties in a cause as aforesaid, or from any other person, he shall, on conviction thereof, be punished by a fine and imprisonment at the discretion of the court. Resene of persons found guilty of capital offences. SEC. 862. Whoever shall, by force or without due authority set at liberty any person found guilty of a capital offence, on conviction shall suffer imprisonment at hard labor not exceeding fourteen years. SEC. 863. Whoever shall by force set at liberty, or aid to set at sons committed liberty, any person committed to prison for any capital crime, shall, for capital offenon conviction, suffer imprisonment at hard labor not exceeding seven years. Rescue of per ces Furnishing implements to enable persons in custody to escape. SEC. 864. Whoever shall furnish or cause to be furnished any tool or implement to any person in custody, for the purpose of enabling him to escape, shall, on conviction, suffer fine or imprisonment, or both, at the discretion of the court. Whoever shall by force or withRescue of out due authority set at liberty any person in custody for any offence sons in custody for offences not not capital, shall, on conviction, be fined not exceeding three hundred capital dollars and imprisoned at hard labor not exceeding two years. per Resistance to officers serving process. Act 1882, No. 12. SEC. 865. Whoever shall illegally resist, oppose or assault any officer of this State, while serving or attempting to serve or execute the process, writ or order of any court, or shall assault, beat or wound any officer or other person duly authorized, while serving or executing any process, writ or order aforesaid, shall, on conviction, be imprisoned not exceeding two years, at hard labor or otherwise, or fined not exceeding one thousand dollars, or both, at the discretion of the court. (As reënacted by Act 1882, No. 11.) |