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beat any individual, under color of his commission or authority, without lawful necessity so to do, shall, on conviction, suffer the same punishment.

convicted of

SEC. 93. If any person or persons shall set at liberty, or rescue, Rescuing persons any person who shall have been found guilty or convicted of a crime, crime. the punishment of which is death, such person, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years; and if any person or persons shall set at liberty or rescue any person who shall have been found guilty or convicted of a crime, the punishment of which is imprisonment in the state prison, or in prison, the person so offending, on conviction thereof, shall be sentenced to the same punishment that would have been inflicted on the person so set at liberty or rescued.

charged with

SEC. 94. If any person shall set at liberty or rescue any person Rescuing persons who, before conviction, stands charged or committed for any capital crime. offence, or any crime punishable in the state prison, such person so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars, and imprisoned in the county jail not exceeding one year; and if the person rescued or set at liberty stands charged, committed, or convicted of any misdemeanor or other offence punishable by fine or imprisonment, or both, the person convicted of such rescue or setting at liberty shall suffer the same punishment that would have been inflicted on the person rescued or set at liberty, if he or she had been found guilty.

sheriff, jailer,

suffering convict

SEC. 95. If any sheriff, deputy sheriff, or jailer, or any person Sheriff, deputy employed by them as a guard, shall fraudulently contrive, procure, voluntarily aid, connive at, or otherwise voluntarily suffer the escape of any con- to escape. vict in custody, every such person, on conviction, shall be punished by imprisonment in the state prison for a term not exceeding ten years, and fined in a sum not exceeding ten thousand dollars.

instrument to

SEC. 96. If any person shall carry to any convict imprisoned or in Carrying convict custody, or into any county jail or other place where such convict aid his escape. may be confined, any tool, weapon, or other aid with intent to enable such convict to escape such custody or confinement, whether such escape be effected or not, any person so offending, on conviction thereof, shall be punished by a fine not exceeding five thousand dollars, and imprisonment in the state prison not exceeding five years.

in custody on

SEC. 97. If any person or persons shall rescue another in legal Rescue of person custody on civil process, such person or persons shall, on conviction, civil process. be fined in any sum not exceeding one thousand dollars.

SEC. 98. If any person shall aid or assist a prisoner, lawfully im- Aiding prisoner prisoned or detained in custody for any offence against this state, or

to escape.

Sheriff or other officer voluntarily suffering prisoner to escape.

Sheriff or other officer refusing to receive or arrest party charged with crime.

Taking reward to compromise offence.

who shall be lawfully confined by virtue of any civil process, to make his or her escape from imprisonment or custody, though no escape be actually made; or if any person shall convey or cause to be delivered to such prisoner any disguise, instrument or arms, proper to facilitate the escape of such prisoner, any person so offending (although no escape or attempt to escape be actually made), shall, on conviction, be punished by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years.

SEC. 99. If any sheriff, coroner, jailer, keeper of a prison, constable, or other officer or person whatever, having any prisoner in his legal custody before conviction, shall voluntarily suffer or permit such prisoner to escape or go at large, every such officer or person so offending shall, on conviction, be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail for any time not exceeding five years: Provided, that, if such prisoner be in custody charged with murder or other capital offence, then such officer or person suffering or permitting such escape, shall be punished by imprisonment in the state prison, for any term not less than one year, nor more than ten years. A negligent escape of a person charged with a criminal offence before conviction, from the custody of any of the aforesaid officers, shall be deemed a misdemeanor, and punished by fine not exceeding five thousand dollars.

SEC. 100. If any sheriff, coroner, keeper of a jail, constable, or other officer, shall wilfully refuse to receive or arrest any person charged with a criminal offence, such sheriff, coroner, jailer, constable, or other officer so offending, shall, on conviction, be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail not exceeding five years.

SEC. 101. Every person having a knowledge of the actual commission of any offence punishable by imprisonment in a county jail, or by fine, or of any misdemeanor or violation of any statute for which any pecuniary or other penalty is or shall be prescribed, who shall take any money, property, gratuity, or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal any such offence or misdemeanor, or to abstain from any prosecution therefor, or to withhold any evidence thereof, shall, upon conviction, be fined in any sum not exceeding five hundred dollars, or imprisoned in the county jail not more than six Not to apply to months: Provided, that this section shall not apply to those offences which may lawfully be compromised by leave of court.

certain offences.

Conspiring to commit offence,

SEC. 102. If two or more persons shall conspire either to commit any offence; or falsely and maliciously to indict another for any of

for any offence,

fence; or to procure another to be charged or arrested for any such or indict another offence; or falsely to move or maintain any suit; or to cheat or de- etc. fraud any person of any property by any means which, if executed, would amount to a cheat; or to obtain money or property by false pretences; or to cheat or defraud any person of any property by any means which are in themselves criminal; or to commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or due administration of the laws, they shall, on conviction, be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding one thousand dollars.

SEC. 103. No conspiracies, other than those enumerated in the last Conspiracies not section, are punishable criminally.

punishable criminally.

a conspiracy,

except, etc.

SEC. 104. No agreement, except to commit a felony upon the per- Agreement not son of another, or to commit arson or burglary, shall be deemed a conspiracy, unless some act besides such agreement be done to effect the object thereof by one or more of the parties to such agreement. SEC. 105. If any person shall take upon himself to exercise or of Unlawfully offificiate in any office or place of another, in this state, without being of another. lawfully authorized thereto, he shall, upon conviction, be fined in any sum not exceeding one thousand dollars.

ciating in office

SEC. 106. Embracery is an attempt to influence a juror or jurors Embracery. corruptly to one side, by threats or menaces, or by promises, persuasions, entreaties, money, and the like. Every embracer who shall procure any juror to take money, property, or gain, or shall corruptly influence any juror by persuasion, promises, entreaties, or by any other improper means, or shall threaten or menace any juror, shall, on conviction, be fined in a sum not exceeding five thousand dollars, or imprisoned in the county jail not exceeding five years; and any juror convicted of taking money, gain, or profit, or corruptly being influenced as aforesaid, shall suffer the like imprisonment and be for ever disqualified to act as a juror. This section shall apply as well to the grand as the trial jurors.

etc., corruptly

than legal fees

to performance

SEC. 107. If any judge, justice of the peace, sheriff, coroner, con- Judges, justices, stable, clerk, or other officer of this state, ministerial or judicial, shall receiving other wilfully or corruptly receive or take any fee or reward to do or exe- as a condition cute his duty as such officer, except such as is or shall be allowed by of duty. law, or if any such officer shall wilfully or corruptly ask or demand, as a condition precedent to the performance of his duty as such officer, any fee or reward, except such as shall be allowed by law, every such officer so offending shall be deemed guilty of extortion, and on conviction shall be fined in any sum not exceeding two hundred dollars.

Justice or constable purchasing judgment on docket of such justice.

Taking reward for granting authority to

discharge duties of office.

Sending threatening letter.

Opening or reading sealed letter addressed to

another, or publishing same without authority.

Disturbing the peace in the night time.

SEC. 108. If any justice of the peace or constable of the same township shall, directly or indirectly, purchase any judgment or part thereof on the docket of such justice, or any docket in his possession, he shall, upon conviction thereof, be fined for each offence in any sum not less than one hundred dollars, nor more than one thousand dollars.

SEC. 109. Every person holding or exercising any office under the laws or constitution of this state, who shall, for any reward or gratuity, paid or agreed to be paid, grant to another the right or authority to discharge any of the duties of such office, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not exceeding five thousand dollars, and shall forfeit his office and be disabled from holding such office; and every person who shall give, or make any agreement to give, any reward or gratuity in consideration of any such grant or deputation, shall, upon conviction, be fined in any sum not exceeding five thousand dollars.

SEC. 110. If any person shall knowingly send or deliver any letter or writing threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failures, with intent to extort money, goods, chattels, or other valuable things, or threatening to maim, wound, kill, or murder, or to burn or destroy his house or other property, or to accuse another of a crime or misdemeanor, or expose or publish any of his infirmities, though no money, goods, chattels, or valuable thing be demanded, such person so offending, shall, on conviction, be fined in a sum not exceeding five hundred dollars, and imprisoned in the county jail not exceeding six months.

SEC. 111. Every person who shall wilfully open or read, or cause to be read, any sealed letter not addressed to himself, without being authorized so to do, either by the writer of such letter or by the person to whom it shall be addressed; and every person who shall maliciously publish the whole or any part of such letter without the authority of the writer thereof, or of the person to whom the same shall be addressed, knowing the same to have been opened, shall, upon conviction, be punished by fine not exceeding one thousand dollars.

TENTH DIVISION.

OFFENCES AGAINST THE PUBLIC PEACE AND TRANQUILLITY.

SECTION 112. If any person, at late and unusual hours of the night time, shall maliciously and wilfully disturb the peace or quiet of any neighborhood or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarrelling, challenging to fight, or fighting, every person convicted thereof shall be fined in a

sum not exceeding two hundred dollars, or imprisoned in the county jail not more than two months.

disturb the

not dispersing

SEC. 113. If two or more persons assemble for the purpose of dis- Assembling to turbing the public peace or committing any unlawful act, and do not peace, etc., and disperse on being desired or commanded so to do by a judge, justice of on request. the peace, sheriff, coroner, constable, or other public officer, the persons so offending shall, on conviction, be severally fined in any sum not exceeding five hundred dollars, and imprisoned in the county jail not more than six months.

deemed an affray.

SEC. 114. If two or more persons shall by agreement fight in a pub- What shall be lic place, to the terror of the citizens of this state, the persons so offending shall be deemed guilty of an affray, and shall be severally fined in a sum not exceeding two hundred dollars, and imprisoned in the county jail not more than one month.

deemed an un

SEC. 115. If two or more persons shall assemble together to do an What shall be unlawful act, and separate without doing or advancing towards it, lawful assembly. such persons shall be deemed guilty of an unlawful assembly, and upon conviction thereof shall be severally fined in a sum not exceeding two hundred dollars, or imprisoned in the county jail not exceeding three months.

deemed a rout.

SEC. 116. If two or more persons shall meet to do an unlawful act what shall be upon a common cause of quarrel, and make advances towards it, they shall be deemed guilty of a rout, and on conviction shall be severally fined in a sum not exceeding five hundred dollars, or imprisoned in the county jail not more than six months.

assemblies for

SEC. 117. Every person who shall wilfully disquiet or disturb any Disturbing congregation or assembly of people, met for religious worship, by religious worship. making a noise, or by rude or indecent behavior or profane discourse within their place of worship, or so near to the same as to disturb the order or solemnity of the meeting, or menace, threaten, or assault any person there being, shall be deemed guilty of a misdemeanor, and punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding three months.

SEC. 118. Every person who shall erect or keep a booth, tent, stall, or other contrivance, for the purpose of selling or otherwise disposing of any wine or spirituous or fermented liquors, or any drink of which wine, spirituous, or fermented liquors form a part, within one mile of any camp or field meeting for religious worship, during the time of holding such meeting, shall be deemed guilty of a misdemeanor, and punished by fine not exceeding five hundred dollars.

Keeping any

building for sale

of liquor within

one mile of any camp meeting,

etc.

SEC. 119. If any judge, justice of the peace, sheriff, or other officer, Justices, etc., bound to preserve the public peace, shall have knowledge of an inten

not using due

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