of the Jewish religion, and such others as shall be owned or acknowledged by any church or society of said respective professions, as members of, or as belonging to such church or society, shall be permitted to labor in their respective professions or vocations on the first day of the week; but the exception in this section contained shall not confer the liberty of opening shops or stores on the said day for the purpose of trade and merchandize, or of lading, unlading or fitting out of vessels, or of working at the smith's business, nor at any other mechanical trade in any compact place, except the compact villages in Westerly and Hopkinton; or of drawing seines, or fishing or fowling in any manner in public places, and out of their own possessions; and in case any dispute shall arise respecting the persons entitled to the benefit of this section, a certificate from a regular pastor or priest of any of the aforesaid churches or societies, or from any three of the standing members of such church or society, declaring the person claiming the exemption aforesaid to be a member of, or owned by, or belonging to such church or society, shall be received as conclusive evidence of the fact.

SEC. 101. If any person shall play or game at cards, dice tables, bowls, wheels of fortune, shuffle boards, raffling, cock fighting, or any other game of chance other than billiards, for money or any other valuable consideration, the person losing at any such game shall be fined four dollars for the first offence, and for the second offence eight dollars, and for the third offence sixteen dollars; and the winner at any such game shall be fined four dollars and the sum won for the first offence, and for the second offence eight dollars and the sum won, and for the third offence sixteen dollars and the sum

won.

SEC. 102. If any person shall play or game at billiards for money or other valuable consideration, the person losing at such game shall be fined twenty dollars for the first offence, and for the second offence fifty dollars, and for the third offence one hundred dollars; and the winner at such game shall be fined twenty dollars and the sum won for the first offence, and for the second offence fifty dollars and the sum won, and for the third offence one hundred dollars and the sum won.

SEC. 103. If any tavern keeper, inn-holder, retailer or keeper of any other house or place of public resort which is licensed, shall suffer any person to use or play at any of the said games in his house, or other place in his possession or improvement, he shall be fined the sum of thirty dollars for every offence; and upon such conviction of the offender, his

license shall be declared null and void by the court where he shall be convicted.

SEC. 104. All persons betting at any of the aforesaid games shall be liable to the same fines and penalties as persons playing at any of the said games are by this act.

SEC. 105. All bills, bonds, notes, judgments, mortgages, deeds or other securities, given for money or lands, houses or other things won by playing at any of the aforesaid games, or by betting on either side of such as play at any of the aforesaid games, or for repayment of any money lent knowingly for such gaming or betting, shall be utterly void.

SEC. 106. If any person shall hereafter make any bet, or lay any wager of any kind upon any horse, to start or run therefor, he shall be fined one hundred dollars.

SEC. 107. If any person shall knowingly suffer or permit any horse belonging to him to start or run for any bet or wager, he shall forfeit his horse starting or running as aforesaid, for the use of the state.

SEC. 108. If any person shall convey or cause to be conveyed to any prisoner committed to the state prison, or to either of the jails in this state, any wine or any strong liquor without the consent of the warden, sheriff or jailer, he shall, on conviction of the offence, be fined not exceeding twenty dollars.

SEC. 109. Every person who shall be convicted of knowingly selling any kind of diseased, corrupted or unwholesome provisions, whether for meat or drink, without making the same known to the buyer, shall be imprisoned not exceeding six months, or fined not exceeding two hundred dollars.

SEC. 110. Every person who shall be convicted of fraudulently adulterating for the purpose of sale, any substance intended for food, or any wine, spirits, malt liquor, or other liquor intended for drinking, with any substance injurious to health, shall be imprisoned not exceeding six months, or fined not exceeding two hundred dollars.

SEC. 111. Every person who shall be convicted of fraudulently adulterating for the purpose of sale, any drug or medicine, in such a manner as to render the same injurious to health, shall be imprisoned not exceeding six months, or fined not exceeding two hundred dollars.

SEC. 112. If any person shall have any communication or convey any tools, or hold any conversation with any prisoner confined in the state prison, from the outside of said prison, such person shall be deemed guilty of a misdemeanor,

and on conviction thereof shall be fined not exceeding one hundred dollars, or imprisoned not exceeding three months.

SEC. 113. If any prisoner confined in the state prison shall assault the warden, any underkeeper or other officer of said prison, or shall attempt to escape from said prison, or shall effect an escape therefrom, such prisoner upon conviction of either of said offences shall be sentenced by the court to the same term of imprisonment in the state prison for which said prisoner was originally sentenced, except where the original sentence was imprisonment for life; to commence from the expiration of the original term of imprisonment of said prisoner.

SEC. 114. In case the warden, any underkeeper, or any other officer of said prison be killed in any assault by a prisoner, such killing shall be murder, and punished accordingly.

SEC. 115. No conviction or sentence for any offence whatever shall hereafter work corruption of blood, or forfeiture of estate.

SEC. 116. Deodands, the plea of the benefit of clergy, and the distinction between petit treason and murder, are hereby abolished. Hereafter petit treason shall be prosecuted and punished as murder.

SEC. 117. No person shall be convicted of any offence, except treason against the state, murder, arson, burglary, counterfeiting, forgery, robbery, larceny, rape or poligamy, unless indictment be found against him therefor, within three years from the time of committing the same.

SEC. 118. All fines, unless special provision be made to the contrary, shall be paid into the general treasury, to and for the use of the state.

SEC. 119. Every act and omission which is an offence at common law, and for which no punishment is prescribed by this act, may be prosecuted and punished as an offence at common law. Every person who shall be convicted of any such offence at common law shall be imprisoned for a term not exceeding one year, or fined not exceeding one thousand dollars.

SEC. 120. Every person who shall aid, assist, abet, counsel, hire, command or procure another to commit any crime or offence, shall be proceeded against as principal, or as an accessory before the fact, according to the nature of the offence committed; and upon conviction shall suffer the like punishment as the principal offender is subject to by this act.

SEC. 121. Every person not standing in the relation of husband or wife, parent or grand-parent, child or grand-child,

brother or sister, by consanguinity or affinity, to another who shall have committed any offence, or been accessory before the fact to the commission of any offence, who shall be convicted of knowingly harboring or relieving such other person, with intent that he shall escape or avoid detection, arrest, trial or punishment, shall be imprisoned not exceeding five years, or fined not exceeding one thousand dollars.

SEC. 122. Every person who shall be sentenced under any provision in this act to imprisonment for life, or for the term of one year or more, for any one offence, shall forever thereafter be incapable of being elected to any office of honor, trust or profit in this state, and of acting as an elector therein, and of giving testimony as a witness before any tribunal, unless the said person be pardoned, or such sentence be reversed by the court passing the same.

SEC. 123. Whenever any person shall be sentenced to suffer death under any provision of this act, such sentence shall be carried into effect by hanging such person by the neck until dead. The execution of such sentence shall take place within the prison or prison yard of the county in which such person shall be convicted; and in the presence only of the sheriff and deputy sheriffs of such county, and of such other person or persons as shall be by such sheriff specially required or permitted to attend.

SEC. 124. Every person who shall be sentenced to imprisonment for life, or the term of one year or more, for any one offence, shall be imprisoned in the state prison at Providence, and there kept at hard labor. All other persons sentenced to imprisonment shall be imprisoned in the jail in the county where they shall be convicted, excepting only in the cases provided for in the one hundred and twentyseventh and one hundred and twenty-eighth sections of this

act.

SEC. 125. Whenever any person shall suffer any injury to his person, reputation or estate, by the commission of any crime or offence, he may recover his damages for such injury, either in an action of trespass or in an action on the case, against the offender: provided, however, that no such action shall be commenced for such injury until after complaint has been made to some proper magistrate for such crime or of fence, and process issued thereon against the offender, excepting only those cases in which such actions may now be maintained at common law; and whenever any person shall be convicted of larceny, he shall be liable to the owner or owners of the money or articles taken for two-fold the value

thereof, unless the same be restored, and one-fold the value thereof in case of restoration, to be recovered by civil action.

SEC. 126. The keepers of the jails in the several counties are required on or before the second day of each term of the supreme court in their respective counties, to report to said court in writing the name of every person in custody at the suit of the state; the cause for which he was committed, the time of commitment, and by what court or magistrate, and, as far as he can ascertain, the time and place of birth, and previous residence of each prisoner, whether married or not, whether he has children or not, and where his family reside.

SEC. 127. Said court are hereby empowered to cause all or any of said prisoners who shall have been sentenced to imprisonment, to be brought before them, with the warrants of commitment, and to order all or any of them to be carried to and confined in any other jail, on their sentences.

SEC. 128. The supreme court and any court of common pleas are hereby empowered to sentence any person who shall be convicted before them of an offence punishable by imprisonment in any jail, to be imprisoned in the jail in any county.

SEC. 129. Whenever in the opinion of the said supreme court the jail in any county shall be insufficient to keep any prisoner safely, and whenever they shall have cause to apprehend that any prisoner will be rescued or liberated by any person whatever, it shall be lawful for said court to remove such prisoner to the jail in some other county, to be therein confined.

SEC. 130. The said court in the several counties, in term time, and any one of the justices thereof, in vacation, are authorized and empowered to order and cause to be established, a nightly guard at any of the jails, whenever they shall deem it necessary for the public safety or the safety of the prisoners, and to continue the same for so long a time as they may think proper.

SEC. 131. Whenever in this act it is provided that any crime or offence shall be punished with death, or by fine or imprisonment, it shall be in the discretion of the court or magistrate imposing such punishment to select the kind of punishment to be imposed, and if such punishment be fine or imprisonment, the amount or term of the same; the said amount or term being within the limits prescribed by law.

SEC. 132. Whenever it shall appear to any court of record that any witness or party who has been legally sworn,