FIRST COLUMN. infirmity, or collect, ask for, or receive any money or valuable thing to aid and assist in any of the purposes aforesaid. Any person against whom information upon oath shall be exhibited before a magistrate, that such person has subscriptions in his hands for the above purposes, or any of them, shall be required to answer the matter of such information upon oath before a magistrate, and upon his doing so, and paying such subscription as he holds into court, and making a full discovery of the securities upon which any similar subscriptions which come within his knowledge may be placed out, shall be discharged from all penalties incurred by his acts in the combination, and of liability to any party for the subscription forfeited, of which amount of forfeiture he shall receive one fourth. 307. CONSPIRACY is when two or more persons confederate and bind themselves by oath, covenant, or other alliance, one or more to aid and assist each other mutually in committing some crime or offence, as confederating to cheat another, to rob another, to defame another, to divest another of his property, or right and title to property by simulated acts; to accuse another falsely of a crime, offence, or unlawful possession; to maintain or promote a false accusation already made; to destroy or injure the property of another; to seduce or ravish a female; to commit, or promote, or assist the commission of any other dishonest, malicious, or lascivious crime. SECOND COL. If the conspiracy has gone no further than ning to act, the miorganization, or beginnimum of the penalty applicable to the crime. If the conspiracy has proceeded to the com act or attempt to act, pletion of any injurious the maximum of the penalty applicable to the crime, and forfei ture of civil rights. 308. ABUSE OF AUTHORITY in PUBLIC FUNCTIONARIES, OR PERSONS ACTING as SUCH. 309. Receiving a present to do any act of his office not entitling him to payment, whether such act be justly done or not: If by a constable, sheriff, or police officer. 310. If by a magistrate or juror. 311. Refusal or neglect to perform a duty, until an unauthorized fee be given, or promised. 312. Demanding of any one a sum of money unauthorized by law, to discharge an official duty. 313. Refusing to render an official act due to parties, after having been duly required to perform it by any such parties, and persevering in such refusal. 314. Similar refusal or neglect after having been. duly commanded to do such act by a superior authority. Fine, 2 to 12 weeks. Fine, 1 to 4 Fine, 2 to 8 weeks. Fine, 1 to 4 weeks. Fine, 4 to 12 weeks. andforfeiture of office. FIRST COLUMN. 315. Suppressing, carrying away, or concealing any official or private writings, or documents, committed to his official care. 316. Embezzlement of money or goods entrusted to the official care of an officer of the law, 817. Participation by any public functionary, in the gains arising out of, Any public contract or supply within his administration or superintendance. SECOND COL Fine or impt. 12to 24 weeks. Fine or impt. 12t048 weeks. Fine or impt. 12 to 48weeks. Fine or impt. 12 to 48weeks. Fine or impt. 4 to 48 weeks, and if the misconduct be very gross, depri, vation of office. 318. His adjudication of a right of privilege. 319. Using a judicial or official discretionary power partially, oppressively, or unjustly. 320. If in consequence of or concurrent with any of the above corrupt acts, by any magistrate or juror, an unjust decision or an unjustly severe penalty be imposed, or other damage be done to an individual, the penalty or excess of such penalty, shall be inflicted on, and the amount of such damage shall be levied on the corrupt magistrate or juror, in addition to the other penalties provided. 321. Using unnecessary violence in executing any legal process. 322. Participation in, or connivance at, the commission of any offence or crime by any public officer, which offence or crime it was his duty to watch over and repress. 323. Exercising the functions of a public officer without being duly authorized. 324. Entering the dwelling-house of any person, under the color of official authority, but in fact without such authority. 325. Falsely assuming the costume or insignia of office, and committing an illegal act under the implied pretence of authority. 326. Arbitrary and illegal acts, prejudicial to the liberty. or civil rights of an individual, or to the constitution of the state, committed by any magistrate or inferior officer of the Government-if done through negligence, inconsiderateness, or ignorance. 327. If done on a malicious, vindictive, or other corrupt motive. 328. GAOLERS receiving any person into custody without warrant or affidavit, or refusing to deliver him up for exami nation, trial, or discharge, when duly required so to do by a magistrate's order, or by proclamation of the sessions, or Fine or impt. 1 to 8 weeks.. The higher pe- Fine or impt, 4 to 24 weeks, Fine or impt. 1 to 12 weeks, Fine or impt, 12 to 24weeks, and deprivation, of office. Fine, 4 to 12 weeks, and deprivation of office. FIRST COLUMN. detaining a convict beyond the term of his imprisonment, or acting oppressively and contrary to the regulations of the prison, to a prisoner. 329. Gaolers or others having a prisoner in charge and custody, and allowing him to escape. 330. -Owing to negligence. 331. Owing to connivance. 332. -Owing to connivance, and having received a reward or promise of reward for such connivance. SECOND COL. Impt. 4 to 12 weeks, or until the prisoner be recovered. Impt. 12 to 24 weeks, and deprivation of office. The penalty to which the prisoner, if convicted, was sentenced; if not yet sentenced, the penalty to which the prisoner would probably have been condemned. 1 to 12 weeks. 333. A Constable, or inferior officer of Justice, not using Fine or impt. due diligence in bringing a person in custody to a hearing before a magistrate, or maltreating any person taken into custody. 334. ACCOMPLICES, ACCESSARIES, RECEIVERS.-An accomplice is a person present, aiding and abetting a criminal in his acts as by enticing a sufferer into the criminal's power, keeping watch, defending or offering the show of defence of the criminal, carrying away what the other steals, and other acts of active and present co-operation in a criminal design. 335. An accessary is one who is not present at the commission of a crime, but who counsels, hires, commands, aids, harbours, or conceals an acting criminal. 336. An accessary before the fact, is one who being absent at the commission of the crime, hath yet counselled, procured, commanded, aided, or abetted another to commit the crime, although such other may commit the crime under some difference of time, place, and manner, to what was originally intended by the accessary. 337. An accessary after the fact, is one who having knowledge of a crime committed, harbours or conceals the criminal, or assists him to escape justice, as, 338. Receiving a man into a house, who is known to the person admitting him to have cominitted a crime, or to be legally charged with a crime and under the pursuit of justice, supplying him with necessaries, concealing him, or assisting him to escape justice, or throwing an impediment in the way of his pursuer-as crossing betwixt them, shutting a door against the pursuers, or the like; or pretending to keep the criminal in safe custody, and voluntarily allow The same penalties as atprincipal in the crime. tach to the The same pe nalties as attach to the principal in the crime. The minipenalties applicable to the crime, or fine or impt. 1 to mum of the 12 weeks. FIRST COLUMN. ing him to escape; where no co-operation is manifest between the parties in the commission of the crime. 339. Comforting, concealing, or assisting the escape of a criminal by persons in the following degrees of relationship: a Wife and Husband, a Child and Parent, Brother and Sister, are excepted from the penalties attached to the acts of accessaries after the fact, provided it appear that the relation accessary has not been counselling or abetting in the commission of the crime. 340. RECEIVING STOLEN GOODS.-Having stolen goods in possession, which the holder cannot show that he bought at a fair price, or came by free from circumstances of suspicion. 341. Having stolen goods in possession, without giving a satisfactory account how they came into possession, and in such manner that the goods appear to have been bought at an unreasonably low price, or to have been either disguised or concealed by the receiver. Third Division.-OFFENCES AGAINST AND IN THE ADMINISTRATION OF JUSTICE. Second Section.-CRIMES AND OFFENCES AGAINST THE SAFETY OF THE STATE. 342. A SEDITIOUS ADDRESS is one which imputes to the Government generally, or to the Chief Magistrate, in particular, vices or gross misconduct, and in a manner calculated to inflame the passions of the persons addressed, against the Government, or Chief Magistrate, and to excite them to seek redress by manual violence, rather than to inform their understanding, or to assist their judgment upon the subject of complaint, and to point out to them constitutional means of endeavouring to obtain redress. 343. A SEDITIOUS MEETING is where twenty or more persons are assembled, not being bonâ fide a family or do mestic party, at which meeting politics are made a subject of regular address or discussion, and a seditious address is delivered and suffered to proceed. NO. XXXVII. H FIRST COLUMN. 344. A TUMULTUOUS MEETING, is an assemblage of twenty or more persons, on a political subject, who, by seditious addresses, and apparent design of using force against the Government, or by acts, or threats of violence, or movement towards an object marked for violent attack, or by being unlawfully armed,* create reasonable fear of violence being used against the State, or against persons who are discharging public duties, or against public property. 345. A POPULAR COMMOTION, is an assemblage of twenty or more persons, who upon a sudden political excitement or impulse, (but without a design to overturn the Government by force,) seize or assault any public functionary, in, or in consequence of, the execution of his duty; resist any public force employed in the dispersion of a tumultuous meeting, or popular commotion, or in the apprehension of persons on charges of treasonable or seditious practices, or who seize, destroy, or damage any public property. The publication of any seditious address is completed: SECOND COL. By the act of speaking it in the presence of ten per- Fine or impt. sons. By the act of printing it. By the act of selling it, or lending it, or giving it away in a written or printed paper. 1 to 4 weeks. 1 to 8 weeks. 1 to 12 weeks. 1 to 6 weeks. 346. Assembling together, providing places of meet- Fine or impt. ing for, or encouraging when assembled, any seditious meeting wilfully and with knowledge of its character. 347. Acting in a similar way, by, for, or in, any tumultuous Fine or impt. meeting, 348. Acting in a similar way, by, for, or in any popular commotion, -If present and acting without having taken any prominent part. 349. If as an exciter or contriver, although not present. 2 to 12 weeks. Fine or impt. 1 to 12 weeks. Fine or impt. 4 to 24 weeks. 350. If as a leader being Fine or impt. 4 to 48 weeks, or banishment from 3 to 5 present. years. 351. Circumstances of aggravation in sedition, are where the discourse is directed to a large multitude of uneducated persons, who have appeared predisposed to violence, or A man is unlawfully armed when he carries with him a weapon, which is not reasonably required for the defence of his person, against any apprehended illegal assault, nor necessary for his business or conve nience, nor at the time in use for his amusement, but which he is found with, at, or going to, or coming from, any meeting of a political naturé. |