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SECTION

SECTION 25. Carrying a person out of the state punished with imprisonment not inore

against his will and unlawfully, with than ten years, nor less than one year, imprisonment not more than ten years, or with fine not more than ten thounor less than one year.

sand dollars. 26. Arson, with death, or imprisonment, 46. Justice of the peace, sheriff, &c., to not less than ten years.

disperse rioters—form of proclamation 27. Burning or destroying buildings, &c., to be made in such case.

other than dwelling houses, with im- 47. Refusal to assist justice, sheriff, &c.,

prisonment not more than ten years. in case of riot, punished with a fine 28. Burning or destroying stacks of grain, not less than seven dollars, nor more

&c., with imprisonment not more than than thirty dollars. two years, of fine not more than one 48. Persons refusing to disperse, or obthousand do'lars.

structing justice or sheriff, &c., pun. 29. Burning property to defraud insurer, ished with a fine not more than one

with imprisonment not more than ten thousand dollars, or imprisonment not years or less than two years.

more than one year. 30. Four preceding sections extended to 49. Wilfully injuring public property, to

married women, though property be- be punished with a fine twice the long to their husbands.

amount of the injury; if over twenty 31. Firing woods, punished with imprison- dollars, with imprisonment not less ment not exceeding one year.

than one year. 32. Burglary, with imprisonment not less 50. Breaking lanterns, with a fine not more than five years.

than twenty dollars. 33. Breaking and entering a building, &c., 51. Perjury, with imprisonment not more

not a dwelling house, with intent to than twenty years--all false swearing steal, &c., with imprisonment not when oath is required, declared to be more than ten years.

perjury. 34. Thefi, with imprisonment not more 52. Subornation of perjury, with imprison

than five years, or fine not more than ment not more than twenty years. one thousand dollars.

53. Inciting to perjury, with imprisonment 35. Receiving stolen goods, punished the not more than ten years. same as theft.

54. Indictment for perjury, &c., how to 36. Falsely persunating another and re- be framed.

ceiving thereby goods, &c., punishsd 55. Administering oaths by persons not the same as theft.

authorized by law, and taking oaths 37. Obtaining goods, &c., by false preten. before any such unauthorized person, ces, punished same as theft.

with fine of one hundred dollars. 38. Cutting out tongues, &c. of beasts or 56. Bribery of judge, justice of the peace,

willfully poisoning them, punished &c., with imprisonment not with imprisonment not exceeding two than seven years, or fine not more years, or fine not more than one thou- than one thousand dollars. sand dollars.

57. Accepting a bribe by any judge, jus. 39. Taking fruit, &c., clandestinely, de- tice of the peace, &c., with same pen

stroying trees, &c., or injuring build- alty as bribery. ings or fences, with imprisonment not 58. Rescuing a convict or person in cusmore than one year, or fine not ex- tody, like penalty as the prisoner was ceeding two hundred dollars.

or could be sentenced to,except where 40. Drawing or robbing a fish-pot, with punishment was capital, or ten years

fine not exceeding twenty dollars. imprisonment; in such case, with im41. Entering a house, &c., in the night or prisonment not more than ten years,

breaking a house, &c., in the day time or fine not more than three thousand with intent to murder, &c, with im- dollars. prisonment not less than five years, or 59. Obstructing an officer, with imprison

fine not less than five hundred dollars. ment not more than one year, or fine 42. Officer in serving a warrant for rob- not more than five hundred dollars.

bery or theft, to secure stolen proper. 60. Jailer or officer having a prisoner in ty and annex a schedule of it to his custody for a criminal matter, and return.

voluntarily suffering him to escape, 43. Person embezzling property delivered like penalty as the prisoner was or

him for a specific purpose, or under could be sentenced to, except as in trust, punished as for theft.

case of rescue. 44. Officer of bank embezzling funds of | 61. Jailer or officer negligently suffering

the bank, to be punished with fine any prisoner in custody for a criminal not exceeding five thousand dollars, matter to escape, to be imprisoned not or with imprisonment not more than more than one year, or fined not more

than one thousand dollars. 45. Putting obstructions on a rail road, 162. Conveying tools to a prisoner to break

more

five years,

two years.

SECTION

SECTION jail, with imprisonment not more than prisonment not more than one year, one year, or fine not more than one or fine not more than five hundred thousand dollars. If a prisoner escape, dollars for first offence; for second of. same penalty as for rescuing a con- fence, with imprisonment not less than vict.

one year, nor more than three years. 63. Extortion by officers, with imprison. 80. When lessee of house is convicted of

ment not more than one year, or fine keeping a house of ill fame his lease not more than one thousand dollars.

may be avoided by lessor. 64. Assuming to be a judge, &c., falsely, 81. Enticing a virtuous female to house of

with imprisonment not more than one ill fame for purposes of lewdness, punyear, or fine not more than one thou- ishable with imprisonment not more sand dollars.

than five years, or fine not more than 65. Compounding certain offences, with five thousand dollars.

imprisonment not more than five years 82. Magistrates may issue warrants to or fine not more than five thousand search for females enticed to houses of dollars.

ill fame. 66. Receiving money by a sheriff, &c., for 83. Adultery, punished with imprisonment

neglect of duty, &c., with imprison- not exceeding one year, or fine not ment not more than six months, or more than five hundred dollars--both fine not more than five thousand dol. parties guilty of adultery if either be lars.

married. 67. Neglecting to pay over fines, &c., to 84. Fornication, with fine not more than

proper officers, with a fine treble the ten dollars.

amount of the one not paid over. 85. Bigamy, with imprisonment not ex68. Counterfeiting state securities and ceeding five years nor less than one

bank bills, with imprisonment not year, or fine not more than one thoumore than ten years, nor less than sand dollars.

86. Concealing the birth or death of a bas69. Passing counterfeit bank bills, &c., tard child, with imprisonment not

knowing them counterteit, to defraud, more than ten months, or fine not more same as counterfeiting them.

than three hundred dollars. 70. Bringing into state or having in pos- 87. Woman indicted for murder of her bas

session counterfeit bank bills, &c., in- tard child may be charged in same intending to pass them, same as coun- dictment with the offence named in terfeitng them.

the preceding section. 71. Having any plate, &c., to counterfeit 88. Blasphemy, with imprisonment not

bank bills, &c., with intent to use, more than two months, or fine not

same as counterfeiting bank bills, &c. more than two hundred dollars. 72. Counterfeiting or altering public re- 89. Profane swearing, with fine not more

cords, &c., same as counterfeiting than five dollars. bank bills, &c.

90. Crime against nature, with imprison. 73. Counterfeiting coin, same as counter- ment not more than twelve years, nor feiting bank bills, &c.

less than one year. 74. Passing counterfeit coin, knowing the 91. Selling, &c., obscene prints, &c., with

same to be counterfeit, to defraud, imprisonment not more than one year,

same as counterfeiting bank bills, &c. or fine not more than five hundred dol. 75. Bringing into state or having in pos- lars.

session counterfeit coin intending to 92. Justices of the peace may issue search pass it, same as counterfeiting bank warrants for obscene prints, &c. bills, &c.

93. Disturbing public meetings, &c., pun. 76. Having any mould, die, &c., to coun- ished with imprisonment not more

terfeit coin, with intent to use, same than one year, or fine not more than as counterfeiting bank bills, &c.

five hundred dollars. 77. In prosecutions for counterfeit bank 94. Digging up human body or concealing

bills, &c., the personal attendance of one dug up, &c., with imprisonment the alledged signers of such bills not not more than ten years, or fine not necessary if they reside out of state, more than one thousand dollars. or thirty miles from place of trial, but 95. Defacing tombs, &c., or fences, &c., evidence of persons skilled in detect- around tombs, &c., with imprisonment ing counterfeit bills, may be received not exceeding ten months, or fine not as competent evidence.

more than five hundred dollars. 78. Seduction punished with imprison- 96. Abusing horses, &c., with fine not

ment not more than five years, or more than fifty dollars. fine not more than five thousand dol. 97. Working on the first day of the week, lars. Crime defined and evidence re- by fine of one dollar for first offence, quisite for conviction.

and two dollars for second offence. 79. Keeping a house of ill fame, with im-198. Setting another's servant at work on

common

won.

SECTION

SECTION the first day of the week, punished 117. Indictments for certain offences the same as working on that day.

when to be preferred. 99. Complaints under two next preceding 118. All fines to be for the use of the

sections, limited to ten days after of: state.
fence committed.

119. Persons convicted of any offence at 100. Exception in favor of Sabbatarians

not punishable specially and Jews from penalty in the three by this act, to be imprisoned not more preceding sections.

than one year, or fined not over one 101. Playing at games of chance other than thousand dollars.

billiards, for money, &c., subject loser 120. Accessaries before the fact punishato a fine of four dollars for first of- ble as principals. Aiding, hiring, comfence, eight dollars for second, and six- manding, &c., another to commit a teen dollars for third, and the winner crime, constitutes such an accessary,

to the same fine and the sumns won. or a principal, according to the na102. Gaming at billiards,loser fined twen- ture of the offence.

ty dollars for first offence, fifty dollars 121. Accessaries after the fact, punishable for second offence, and one hundred by imprisonment not more than five dollars for third offence. Winner years, or fine not more than one thou. fined the same amount, and the sums sand dollars. Certain relatives not

chargeable as accessaries after the 103. Licensed inn-holder, &c., permitting fact.

gaming, fined thirty dollars, and his 122. Sentence to one year's imprisonment license is rendered void.

renders : :erson infamous. 104. Persons betting liable to the same 123. Sentence of death to be carried into penalties as the players

effect by hanging, to take place in the 105. Bonds, notes, mortgages, &c., given jail or jail yard.

for money lost in gaming,or for money 124. Every person sentenced to one year lent to game with, void.

or more imprisonment for one offence, 106. Betters on horse racing fined one to be confined in the state prison and hundred dollars.

there kept at labor. Other imprison107. Horses running for a wager forfeited ment to be in county jails. to the state.

125. Person injured in property, reputa108. Conveying strong liquor to prisoners tion or body, by commission of any

in state prison or jail, without per- crime, may recover his damages in a mission of the keeper thereof, pun- civil action, to be commenced after ished by a fine of twenty dollars.

he has made complaint against the 109. Selling unwholesome food, with im- offender, and taken out a warrant

prisonment not more than six months, against him. In case of thefts, owner or fine not more than two hundred

of goods stolen may recover two-fold dollars

value of those not restored. 110. Adulterating food or liquors for sale 126. Keepers of jails to report to supreme

with substances injurious to health, court all prisoners in custody at suit
with imprisonment not more than six of the state.
months, or with fine not more than 127. Supreme court may remove convicts
two hundred dollars.

sentenced to imprisonment, to any 111. Adulterating drugs for sale,in a man- jail in state.

ner injurious to health, with impris- 128. Supreme court and court of common
onment not more than six months, or pleas may sentence convicts to be im-
with fine not more than two hundred prisoned in any state's jail.
dollars.

129. Supreme court may remove prisoners 112. Holding communication with a pris- from county jails when insufficient.

oner in state prison from without pris- 130. Supreme court may establish a night-
on, with imprisonment not more ihan ly watch at any county jail.
three months, or with fine not more 131. Court to select punishment.
than one hundred dollars.

132. Courts of record to commit or hind 113. Prisoner in state prison assaulting over persons suspected of committing

any officer of the prison, or escaping, perjury before them.
or attempting to escape, to be impris- 133. Courts of record to detain papers
oned for the same term as originally when necessary for prosecution for
sentenced for.

perjury committed before them. 114. The killing of any officer of the state 134. Governor may offer rewards for ap

prison, by any prisoner, to be deemed prehension of criminals.
murder.

135. Duty of justice of the peace on com115. Corruption of blood and forfeiture of plaint made to him for threats. estate abolished.

136. Duty of justice on trial for threats. 116. Deodands, benefit of clergy, and petit 137. Recognizance to be certified to court treason, abolished.

of common pleas.

the peace.

one.

SECTION

SECTION 138. Costs by whom to be paid on acquittal. 159. Persons accused of murder, &c., when 139. Duty of justice of the peace on com- to be indicted and tried.

plaint made for the commission of any 160. No person to be tried by supreme court offence.

or court of common pleas, but on in140. Assault and battery how punished by dictment, except on appeal. justice of the peace.

161. Offences committed in Narragansett 141. Larceny how punished by justice of Bay may be tried in any county.

162. In what county offences shall be tried. 142. When justice of the peace shall bind 163. Criminal process not to abate for want over for trial.

of form, but may be amended. 143. On refusal to give recognizance when 164. Prisoner standing mute, plea of not

required, justice of the peace to com- guilty to be entered for him-supermit.

numerary challenges by prisoner to be 144. Justice of the peace may adjourn ex- disregarded. aminations and trials.

165. Person indicted for an aggravated of145. When recognizance given on any ad- fence may be found guilty of a lesser

journment before justice of peace, he to certify the same to court of com- 166. Payment of costs to make part of mon pleas.

every sentence in certain cases. 146. Witnesses before justice of the peace 167. State to pay costs in certain cases.

on examination for aggravated offence, 168. Convicts fined, to be imprisoned till to be recognized also to appear.

fine is paid. 147. Witnesses refusing to give recogni- 169. Recognizance being forfeited, process

zance when required, to be cominit- to issue against recognizors. ted.

170. Surety in recognizance may surren148. Depositions when to be used in crim- der principal. inal cases, and how taken.

171. Search warrants, when and how to 149. Complainant for assault and battery,

be issued. &c, may compromise.

172. Property recovered on search warrant 150. Appeal granted from sentence of jus- to be kept and used as evidence.

tice of peace to court of common pleas. 173. Costs of search warrant, how and by Terms of appeal.

whom to be paid. 151. Justice of the supreme court, court 174. Magistrate may issue warrant against

of common pleas, and wardens, de- fugitive from justice. clared to be magistrates.

175. Proceedings against fugitives from 152. Magistrates may direct warrants to justice.

all sheriffs, &c., in the state, in cer- 176. Person recognized or committed as a tain cases.

fugitive from justice, to be discharg153. Capias issued on any indictment to ed, unless demanded by executive of

run through the state-how to be ex- state. ecuted.

177. Warrant against a fugitive from 154. Officers required to execute warrants justice not to be issued until recog

and capias-protected in the service nizance be given to pay costs. of them.

178. Warrant to commit to state prison, 155. Appeal granted from sentence of court how to be issued and served.

of common pleas to supreme court, 179. Person sentenced to state prison disterins of appeal.

abled from conveying his property. 156. Appellant not entering his appeal may 180. Administrator to be appointed on the

be sentenced by court appealed to. estate of a person sommitted to state 157. Exclusive jurisdiction of supreme prison for seven years or more. court.

181. Duties and powers of an administra158. Bail to be granted in certain cases by tor on the estate of a person sentenced supreme court only.

to state prison.

It is enacted by the General Assembly, as follows :

Section 1. Every person who shall be convicted of treason against this state by levying war against the same, or by adhering to the enemies of this state, giving them aid and comfort, shall be imprisoned during life.

Sec. 2. If any person shall have knowledge of the commission of treason against this state by levying war against this state, or by adhering to the enemies of this state, giving them aid and comfort, and shall conceal the same, and shall not as soon as may be disclose and make known such treason to the governor or to some magistrate, such person shall be deemed guilty of misprison of treason against this state; and upon conviction thereof shall be imprisoned not exceeding twenty years, nor less than five years, or be fined not exceeding ten thousand dollars.

Sec. 3. No person shall be convicted of treason against this state by levying war against the same, or by adhering to the enemies of this state, giving them aid and comfort, but by testimony of two lawful witnesses to the same overt act, for which he shall then be on trial, unless he shall in open court confess the same.

Sec. 4. All town meetings of the freemen, inhabitants or residents of this state, or of any portion of the same, for the election of any town, city, ward, county or state officers, called or held in any town in this state or in the city of Providence, except in the manner, for the purposes, at the times, and by the persons by law prescribed, are illegal and void ; and any person who shall act as moderator, warden or clerk in such pretended meetings hereafter to be held, or in any manner receive, record or certify votes for the election of any pretended town, city, ward, county or state officers, shall be deemed guilty of a misdemeanor ; and be fined not exceeding one thousand dollars, nor less than five hundred dollars, and be imprisoned for the term of six months: provided, however, that this section is not intended to apply to cases in which by accident or mistake some prescribed forms of calling town and ward meetings of the electors of the several towns of this state and of the city of Providence, shall be omitted or overlooked.

Sec. 5. Any person who shall in any manner signify that he will accept any legislative, executive, judicial or ministerial office, by virtue of any pretended election in any

such

pretended town, ward or other meetings, or shall knowingly suffer or permit his name to be used as a candidate therefor, shall be adjudged guilty of a high crime and misdemeanor ; and be fined not exceeding two thousand dollars, and be imprisoned for the term of one year.

Sec. 6. If any person, except he be duly elected thereto according to the laws of this state, shall assume or exercise any of the legislative, executive or ministerial functions of the office of governor, lieutenant governor, senator, member of the house of representatives, secretary of state, attorney general or general treasurer of this state, within the territorial limits of the state, as the same are now actually had and en

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