Page images
PDF
EPUB

19. Whoever shall assault any person with intent to commit a felony, shall be guilty of a misdemeanor, and be imprisoned for any term not exceeding two years, or fined at the discretion of the Court.

20. Whoever on a trial for murder, or manslaughter, or any other felony, which shall include an assault, shall be convicted of an assault only, shall be imprisoned for any term not exceeding three years, or fined at the discretion of the Court.

[blocks in formation]

1. Whoever shal! maliciously set fire to any dwelling house, any person being therein, shall be guilty of felony, and suffer

death.

2. Whoever shall maliciously by the explosion of gunpowder, or other explosive substance, destroy, throw down, or damage the whole or any part of a dwelling house, any person being therein, shall be guilty of felony, and be imprisoned for any term not exceeding fourteen years nor less than three years.

3. Whoever shall commit the crime of burglary shall be guilty of felony, and be imprisoned for any term not exceeding fourteen years.

4. Whoever shall enter the dwelling house of another, with intent to commit felony, or being in such dwelling house shall commit any felony, and shall in either case break out of said house in the night time, shall be guilty of burglary, and be punished as prescribed in the last preceding Section; but no building, although within the same curtilage with such dwelling house, and occupied therewith, shall be deemed to be part of such dwelling house for the purpose of burglary, unless there be a communication between such building and dwelling house, either immediately, or by means of a covered and enclosed passage.

5. Whoever shall burglariously break and enter into any dwelling house, or any inner part thereof, and with intent to kill, shall assault any person being therein, or shall cause any bodily harm, or do any violence to such person, shall be guilty of felony, and shall suffer death.

6. Whoever with intent to commit felony shall, in the night time, break and enter any building, shall be guilty of felony, and be imprisoned for any term not exceeding seven years.

7. Whoever with intent to commit felony shall, in the day time, break and enter any building, shall be guilty of a misdemeanor, and be imprisoned for a term not exceeding three years, or fined at the discretion of the Court, or both.

8. Whoever shall be indicted for any burglary, or burglarious offence, where the breaking and entering shall be proved at the trial to have been made in the day time, and no breaking out shall appear to have been made in the night time, or where it shall be left doubtful whether such breaking and entering, or breaking out, took place in the day time or night time, may be acquitted of the felony, and convicted of a misdemeanor, and punished as in the last preceding Section.

[blocks in formation]

1. Whoever shall rob any person shall be guilty of felony, and be imprisoned for a term not exceeding fourteen nor less than three years.

2. Whoever shall rob any person, and at the time of, or immediately before or after such robbery, shall cause any grievous bodily harm to any person, shall be guilty of felony, and shall suffer death.

3. Whoever, being armed with an offensive instrument, shall by himself or with another, rob, or assault with intent to rob, any person, and at the time of, or immediately before or after such robbery, cause bodily harm, or do violence to the person of another, shall be guilty of felony, and be imprisoned for any term not exceeding fourteen years.

4. Whoever, with intent to rob, shall assault any person, shall be guilty of felony, and imprisoned for any term not exceeding three years.

5. Whoever, with menaces or by force, shall demand any property of any person, with intent to steal the same, shall be guilty of felony, and be imprisoned for a term not exceeding three years.

6. Whoever shall plunder or steal part of any ship or vessel wrecked, stranded, or cast on shore, or any property or materials belonging to such ship or vessel, shall be guilty of felony, and be imprisoned for a term not exceeding fourteen nor less than three years.

7. Whoever shall accuse or threaten to accuse any person of the crime of buggery, or with any assault with intent to commit, or with any attempt or endeavour to commit such crime, or of making any offer, promise, solicitation, or threat to any person, to induce such person to commit or permit such crime, and shall by such accusation or threat extort or gain from such person any property, shall be guilty of felony, and be imprisoned for any term not exceeding fourteen years.

8. Whoever, by accusing or threatening to accuse, or by knowingly sending, delivering, or uttering any letter or writing, accusing, or threatening to accuse another of any treason or felony, or of any assault with intent to commit a rape, or of any attempt or endeavour to commit a rape, or of any infamous crime, shall obtain the possession of any property, shall be guilty of felony, and be imprisoned for any term not exceeding seven years.

9. The term "infamous crime" shall include the crime of buggery, and any assault with intent to commit, and any attempt or endeavour to commit, and any solicitation, persuasion, or threat made to any person, to induce such person to commit or permit such crime.

10. Whoever shall, by any of the means specified in Section

8 of this Chapter, attempt to commit any felony, or shall knowingly send, deliver, or utter any letter or writing, demanding of any person, with menaces and without any reasonable or probable cause, any thing being the subject of theft, shall be guilty of felony, and be imprisoned for any term not exceeding seven years.

11. Every species of parting with or disposing of any such letter or writing mentioned in any of the preceding Sections of this Chapter, to the end that the same may come into the possession of the person for whom it is intended, shall be deemed a sending of such letter within the meaning of those Sections.

12. Whoever shall be indicted for any larceny shall, on conviction thereof, be imprisoned for a term not exceeding seven years.

13. Any clerk or servant who shall steal any thing belonging to, or in possession, or under the power of his master, shall be guilty of felony, and be imprisoned for a term not exceeding seven years.

14. Whoever shall steal, or kill any cattle with intent to steal the same, or any part thereof, shall be guilty of felony, and be imprisoned for a term not exceeding seven years.

15. Whoever shall steal, or for any fraudulent purpose destroy, conceal, or make away with any valuable security, shall be guilty of felony, and be imprisoned for a term not exceeding seven years nor less than one year.

16. Whoever shall steal, or for any fraudulent purpose destroy or conceal any testamentary instrument, shall be guilty of a misdemeanor, and punished by fine or imprisonment, or both, at the discretion of the Court.

17. Whoever shall steal any muniment of title shall be guilty of a misdemeanor, and punished by fine or imprisonment, or both, at the discretion of the Court.

18. The four last preceding Sections shall not affect any civil remedy the parties may have.

19. A clerk, or servant, or person employed in such capacity, who shall embezzle any property received or taken into his possession by virtue of such employment, shall be guilty of felony, and be imprisoned for a term not exceeding seven years. 20. Whoever, with intent to defraud another, shall by any

false pretence obtain any thing the subject of theft, whereby the owner or any other person is induced to part therewith, shall be guilty of a misdemeanor, and be inprisoned for a term not exceeding two years.

21. Any false representation of a state of things past, present, or future, and any fraud or unlawful device, or ill practice in playing, betting, or wagering at or upon any game, sport, pastime, or exercise, or on those who play thereat, shall be deemed a false pretence within the meaning of the last preceding Section; and it shall not entitle any party charged with the offence therein specified, to an acquittal on the ground that the property in question was so obtained, as to amount in law to larceny; but the offender shall not be afterwards prosecuted for larceny therefor.

22. Whoever shall knowingly receive or have in his possession any thing stolen, obtained by false pretence, or embezzled, shall, if the stealing, obtaining, or embezzling amount to a felony, be guilty of a felony, and imprisoned for a term not exceeding seven years; but if the same be a misdemeanor, he shall be guilty of a misdemeanor, and be imprisoned for a term not exceeding two years.

CHAPTER 152.

OF FORGERY AND OFFENCES RELATING TO THE COIN.

Section.

1. Forgery, &c.

2. Forging documentary titles.

Section.

3. Making or uttering counterfeit coin.

1. Whoever shall forge, or utter, knowing the same to be forged, any writing, or clandestinely and without the consent of the owner, make any endorsement on any written instrument, with intent to defraud any person, shall be guilty of , felony, and be imprisoned for any term not exceeding seven years.

2. Whoever with intent to defraud another, shall forge any muniment of title or testamentary instrument, shall be guilty of felony, and be imprisoned for a term not exceeding seven

years.

3. Whoever shall make, or knowingly utter any counterfeit coin, or impair any legal coin, or make any pieces of metal

« PreviousContinue »