FIRST COLUMN. 186. By a person not having any confidential relation to the female sufferer. SECOND COL. Fine or solitary impt. 1 to 8 weeks. 187. By an inmate in the same house with the sufferer, or one received in the family of the female, as her honorable suitor. 188. By a person in the relation to the sufferer of kindred, of guardian, of instructor, of master, of servant. 189. By any person on a child under the age of ten years. fine or solita ry impt. 2 to 12 weeks. Fine or solitary impt. 4 to 24 weeks. Solitary impt. 4 to 24 weeks, and emasculation. 190. ADULTERY, is a carnal connexion between a man and woman (with the woman's consent) not being married together ; one at least of whom is a married person. 191. With a married woman of previous good fame, where no artful or persevering solicitations appear to have been used on the part of the man. 192. With a married woman of previous good fame, where such solicitations appear to have been used by him. To the weeks. 193. With a married woman of previous good fame, where he stands in the relation of kindred, of guardian, of instructor, of master, or of servant to the woman. 194. The Adultery of the wife can only be denounced at the instance of the husband; nor by him, if within one year previous to the time of the alleged adultery, he were himself living in a state of open adultery; or if he have driven his wife, by neglect or ill usage, to seek a shelter apart from him; nor if he have deserted or have separated himself from his wife, without any just cause; nor if he have been accessary or privy to his wife's adulterous intercourse. 195. POLYGAMY.—A person engaged in the bond of wedlock, contracting and consummating another marriage. 196. The officiate, who shall solemnise such other marriage, with knowledge of the prior and existing marriage. To the man, fine or solitary impt. 1 to 6 weeks. man, Fine or soimpt. 2 to 12 To the man fine or solita ry impt. 4 to 24 weeks. 4 to 24 weeks. Solitary impt. 4 to 24 weeks, and loss of civil rights. 197. INCEST.-A carnal intercourse, with the consent of the female, between persons standing in the following degrees of relationship Natural parent, and grand-parent, and child, grand-child; and brother and sister. 198. RAPE-A man having carnal knowledge of a woman to whom he is not married, by force and against her will. 199. Of a woman of bad fame Solitary impt. transportation; the greater peInalty on the 4 to 12 weeks, man. Solitary impt. 1 to 4 weeks. FIRST COLUMN. 200. Of a female of chaste character. SECOND COL. Solitary impt. 19 weeks and emasculation. 201. SODOMY, is an unnatural carnal connexion, between man and man; or, between man or woman and brute beast. 202. If the offender be under the age of 18 years. If the offender be above the age of 18 years. Whipping and solitary impr. 12 weeks. Solitary impt. 12 weeks, and emasculation if a man. Second Division-UNGOVERNED PASSIONS. Second Section-MALICE. 203. Wilful injuries committed on another, for the gratification of an evil disposition. 204. SLANDER The publication of an imputation against an individual, of a crime or offence, falsely; or by overcharged statement, and by appealing to evil passions, rather than to reason, so as to expose him to hatred orcontempt, or to irritate or wound his feelings, whether made by an act of speech, of printing, or of selling, lending, or giving away, and whether in direct terms, by inuendo, or by effigy, or in the presence or absence of the person or persons slandered. 205. If published without premeditation. Fine or impt. 1 to 8 weeks. Fine or impt. 2 to 12 weeks. 206. If copied from an unrevoked publication upon which a prosecution has not been instituted, or if instituted has not produced conviction. 207. If published with premeditation, or copied from a publication known to have been revoked, or on which a prosecution is pending, or has terminated in conviction. 208. N. B. A justification may be pleaded upon proof that the imputation is true, and that the publication of it was necessary to the defence of the character or property of the accused of slander; or to the security of the public, and that the facts were not overstated, nor the evil passions of the public appealed to, rather then their reason, and that the act complained of, proceeded from well founded virtuous emotion, or just indignation, and not from evil intent, or mercenary object. 209. Slander preferred in the form of a legal charge, or incidentally made in the course of legal proceedings, is also justifiable, although the truth of the imputation be not proved; but if it appear to have been advanced maliciously or wantonly, the judges, in giving judgment, are to direct the suppression of the imputation, may award compensation to the injured party, and reprimand, fine, or suspend from his practice in the court, any solicitor or barrister originating or publishing unmerited abuse or slander. Fine or impt. 4to 24 weeks. FIRST COLUMN. 210, ANONYMOUS LETTERS.-Sending a letter without a real or known signature, in which a fulse accusation to any one's prejudice, is preferred or insinuated, or which contains threatening or insulting expressions to the person addressed or referred to 211. THREATENING LETTERS.-Sending a letter to any one, threatening him with some grievous injury, unless he comply with an illegal demand. 212. A CHALLENGE, is the calling upon another to fight, either in direct terms, or by provoking him in taunting or threatening words, gestures, or other acts. 213. ASSAULT, is un attempt or offer with force and violence to do a corporal hurt to another; as by striking at him with or without a weapon, presenting a loaded gun or pistol within the reach of the discharge, pointing a pitch fork within reach, or any other such like act done in a threatening manner. 214. BATTERY is the laying violent hands upon another, against his will, in a revengeful, rude, or insolent manner. Spitting in the face, violently justling, or insultingly touching the person, are acts of battery. 215. A man may justify an Assault and Battery, in defence of his person, of his wife, of his master, of his parent, of his child within age; or, of his lawful possession, 216. An officer having a lawful warrant, may lay hands on another, to arrest him; and if he resist, may justify a battery to overcome him. A parent in a reasonable manner may chastise his child, a master his apprentice, a schoolmaster his scholar, in all these cases and such like, it is justifiable. If a person go into the house of another, and will not go out upon being desired to do so, the latter may justify laying hold of him and turning him out. An assault in apprehending a misdoer by a private individual, (and a battery if he resist,) may be justified, unless the misdoer, be known to the assaulter, and likely to be forthcoming if called to, account. But in all these and similar cases, the assault and battery to be justifiable, must not be greater than is necessary to repel, subdue, or secure the misdoer. Generally, an assault is justifiable in stopping any one in doing an unlawful act, 217. AFFRAY.-A fight in heat of quarrel or in anger, between two or more persous. 218. Any one may lawfully interpose and carry the fighters before a justice, to find sureties for the peace. 219. And if the person interposing gets hurt by the fight SECOND COL. Solitary impt. 4 to 12 weeks. Solitary impt 4 to 24 weeks. Fine or impt. 3 days to 4 weeks. Fine or impt, 3 days to 6 weeks, Fine or impt. 3 days to 12 weeks.. FIRST COLUMN. ers, he shall have his remedy at law for the battery, but if he hurt the fighters, they shall have no remedy against him. 220. If either of the affrayers fall down for dead, or dangerously wounded, the standers by shall use their best endeavours to seize the adverse party. 221. UNLAWFUL ASSEMBLY is when three persons or more assemble themselves together, with an intent mutually to assist one another against others who may oppose them in the execution of some unauthorized enterprize with force or violence, whether the end aimed at be of itself lawful or unlawful. 222. A ROUT is the moving forward of such an assembly toward their object. 223. A RIOT is the execution of the object of such an assembly in deed. 224. DEMOLITION of ANY BUILDING OF GOODS unlawfully and with force, wholly or partially, by rioters. 225. WOUNDING or BEATING any person or persons by any rioters. 226. KILLING of any PERSON by a rioter. #226. Forcibly hindering any justice from proceeding to a scene of riot, or preventing his reading a proclamation, in such manner as to prevent those acts, or one of them, from being performed. 227. The first justice who has knowledge of a riot, shall proceed to the assembly, and by proclamation direct those assembled to disperse, and if after such proclamation more than twelve men remain together, even without committing violence, or if twelve or a less number remain together and commit any act of violence, such assembled persons shall be punished as rioters. 228. Any justice may raise and take with him the constables and a' sufficient number of the inhabitants of a County to suppress a riot, and to arrest, or disperse and pursue the rioters. 229. And if in the lawful dispersion of a riotous assembly, any of the rioters be hurt, maimed, or killed, the justice ordering such dispersion, and the persons acting under him, shall be indemnified. 230. Any private person without waiting for the direction of a Justice or Peace Officer, may take into custody any persons acting riotously, or any person proceeding to abet such riot: FIRST COLUmn. 231. All Constables and Peace Officers ought to do all in their power to quell a riot, and arrest the rioters, and they may command other persons to assist them therein. SECOND COL. 2 to 12 weeks. Solitary impt. 2 to 12 weeks. Solitary impt. 4 to 24 weeks. 232. CRUELTY TO ANIMALS.-Cruelly hurting any cattle Solitary impt. or other valuable or harmless animal, whether the motive be injury to the owner, or the indulgence of an unfeeling savage disposition. 233. DESERTION of INFANTS.-Exposing and abandoning in a place not solitary, an infant, under the age of six years. 234. Exposing and abandoning in a solitary place, an infant under the age of six years. 235. MALICIOUS INJURIES TO PROPERTY. Wilful and unlawful spoliation of the property of others. As, 236. Breaking down the head of a fishpond, or mill-pond, or a river or sea bank, whereby land shall be overflowed or damaged. If the damage done or attempted to be done, does not exceed the value of Five Pounds, solitary impt. 4 to 24 weeks. If above that value, solitary impt. 12 to 48 weeks, or transportation. 237. Cutting down, barking, or otherwise destroying any Ditto. trees, shrubs, hop-binds, or the like. 238. Breaking the windows of, or otherwise damaging any house or private building, damaging any vessel upon the water, damaging any public building, monument, mile-stone, bridge, pier, causeway, or other structure. Ditto. 289. Casting voracious fish into a fish pond with intent to Ditto. destroy the stock therein. 240. Maiming or wounding any cattle, or other valuable Ditto. animal. 241. Killing, or poisoning without killing, any cattle or Ditto. valuable animal. 242. Destroying, injuring, or wasting stores of provisions Ditto. or goods, or folds for cattle, fences, agricultural buildings, or implements of trade or husbandry. 243. Destroying or injuring by a malicious application of Ditto. corrosive liquor, any wearing apparel or goods. 244. Using any contrivance to cause a carriage to break down upon being driven. 245. Setting fire to any stack of corn, straw, hay, wood, or other stock, or to any growing copse wood, or crops, not being near to any inhabited house. 246. Setting fire to any dwelling-house or other building, or to any stock so near the same as to render the firing of the building probable. 247. HOMICIDE is the culpable killing of a man by a man. 248. By carelessness-as if a person riding or driving, for want of care run over a child and kill him, or firing at a bird, Ditto, Transportation or hard labor for life. Death. Fine or impt. 1 to 12 weeks. |
