Kidnapping, &c., or selling for slave, &c. 12 Met. 50, 78. 5allasis where to be Poisoning food, in addition to the above-named penalty, be forever disqualified from holding any office under the laws or constitution of this state. SECT. 30. Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this state against his will, or forcibly carries or sends such person out of this state, or forcibly seizes and confines, or inveigles, or kidnaps, another person, with intent either to cause him to be secretly confined or imprisoned in this state against his will, or to cause him to be sent out of this state against his will, or to be sold as a slave, or in any way held to service against his will; and whoever sells, or in any manner transfers, for any term, the service or labor of a negro, mulatto, or other person of color, who has been unlawfully seized, taken, inveigled, or kidnapped, from this state, to any other state, place, or country; shall be punished by imprisonment in the state prison not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding two years. SECT. 31. Every offence mentioned in the preceding section may be tried either in the county in which it is committed, or in any county in or to which the person so seized, taken, inveigled, kidnapped, or sold, or whose services are so sold or transferred, is taken, confined, held, carried, or brought; and upon the trial of any such offence, the consent thereto of the person so taken, inveigled, kidnapped, or confined, shall not be a defence, unless it is made satisfactorily to appear to the jury that such consent was not obtained by fraud, nor extorted by duress or threats. SECT. 32. Whoever mingles any poison with food, drink, or medicine, with intent to kill or injure another person, or wilfully poisons any R. S. 125, § 22. spring, well, or reservoir of water, with such intent, shall be punished by imprisonment in the state prison for life, or any term of years. Assaults not be fore mentioned, how punished. SECT. 33. Whoever assaults another with intent to commit burglary, robbery, rape, manslaughter, mayhem, or any felony, the punishment of R. S. 125, § 23. which assault is not herein before prescribed, shall be punished by imprisonment in the state prison not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding three years. Loss of life by of carriers. 1840, 80. SECT. 34. If the life of any person, being a passenger, is lost by reason negligence, &c., of the negligence or carelessness of the proprietor or proprietors of any steamboat, stage coach, or of common carriers of passengers, or by the unfitness or gross negligence or carelessness of their servants or agents, such proprietor or proprietors, and common carriers, shall be punished 11 Cush. 512. 5 Gray, 473. 18 all by fine not exceeding five thousand, nor less than five hundred, dollars, Negligence, ances. Drivers of stage to be recovered by indictment, and paid to the executor or adminis trator, for the use of the widow and children of the deceased in equal moieties; but if there are no children, to the use of the widow, and if no widow, to the use of the next of kin. SECT. 35. Whoever, having management or control of or over any steamboat or other public conveyance used for the common carriage of persons, is guilty of gross carelessness or neglect in, or in relation to, the conduct, management, or control, of such steamboat or other public conveyance, while being so used for the common carriage of persons, shall be punished by fine not exceeding five thousand dollars, or by imprisonment in the jail not exceeding three years. SECT. 36. If a driver of a stage coach or other vehicle, for the conleaving horses veyance of passengers for hire, when a passenger is within or upon such without charge, coach or vehicle, leaves the horses thereof without some suitable person to take the charge and guidance of them, or without fastening them in a safe and prudent manner, he may be punished by imprisonment in the jail not exceeding two months, or by fine not exceeding fifty dollars. &c. 9. same at time of fire, or preventing alarm or extinguishing of fire. 10. Burglary, being armed, or making an assault. 11. not being armed, &c. 12. Breaking in night building or ship, with intent, &c. 13. Entering in night without breaking, or breaking and entering in daytime, &c. 14. Entering dwelling-house in night, or breaking, &c., without putting in fear. 15. Stealing in a building, ship, &c. in a building on fire, or at a fire. 17. Larceny from the person. 16. 18. Larceny of property exceeding in value $100. Not exceeding $100. 19. Larceny, or destruction, &c., of will, &c. 20. Allegation of value, &c., not required. 21. Stealing property of value of $5. 22. Second conviction, or conviction at same term of three larcenies. 23. Larceny of paper designed for bank bills, &c., with intent to pass, &c. 24. Printers, &c., retaining such paper, &c., with intent to pass, &c. 25. Larceny of things annexed to the realty. 26. Accessory to such larceny. 27. Jurisdiction in cases of such larceny. 28. Such larceny may be from one or more tenants. Of property of person deceased. From person unknown. SECTION 46. Buying, &c., of embezzled goods, &c. 47. Second conviction and several offences. Common receiver. 48. Unlawful taking of animals, &c., but not with intent to steal, &c. 49. Issuing, &c., certificates of stock, bonds, &c., beyond amount authorized. 50. Fraudulently issuing or transferring certificates of stock, &c. 51. Making false entries, &c., in books of a corporation. 52. Books of corporation evidence. 53. Falsely personating another, &c. 54. Obtaining property by false pretences or tokens. 55. Forging, &c., private labels, trade marks, &c. 56. Selling wares having forged stamps, &c. 57. Obtaining property by tricks at cards, &c. 58. Gross frauds, &c., at common law. 59. Conveying land encumbered, without notice of the encumbrance. 60. Selling land attached, without notice. 61. Concealing mortgaged personal property, &c. 62. Mortgagor selling without consent of mortgagee. 63. Hirer, &c., of personal property, selling without consent. 64. Sale, &c., of collateral security before debt due, &c. 65. Consignee, &c., fraudulently depositing or pledging property, &c. 66. Maliciously destroying, &c., monuments, milestones, guideboards; extinguishing lamps, &c. 67. Wilful injury, &c., to school-house, church, &c., or the furniture, &c., and appurtenances thereof. 69. Throwing explosive substances into dwellings, &c. 70. oil of vitriol, coal tar, &c. 71. Raising water so as to injure mill. Proviso. 72. Malicious injury to dams, reservoirs, canals, &c. 73. Wilful injury, &c., to ice where taken as merchandise. 74. to bridges, turnpike gates, &c. 75. Passing, &c., toll-bridges, without paying. 76. Wilfully destroying vessels to defraud the owner or insurer. 34. Making, holding, using, &c., burglarious 77. Fitting out vessels with intent to destroy instruments. them, &c. 78. Making false invoices, &c., of cargo, to defraud insurer. 79. Making or procuring false protest, &c. 80. Malicious killing, maiming, or poisoning, cattle. 81. Wilful trespasses by cutting timber, wood, grain, &c. 82. Destroying fruit and ornamental trees, &c., injuring houses, fences, &c. 83. Destroying trees, &c., or stealing, &c., in gardens, &c. 84. Wilful trespasses by entering gardens, orchards, &c., with intent, &c. How, when done on the Lord's day, or secretly. 85. Other malicious injuries to personal prop perty. Burning dwell ing house, &c. SECTION 86. Persons wilfully injuring trees or commit- 87. Killing pigeons on, or frightening from, 88. Injury, or removal, &c., of property of Hu- SECTION 89. Setting fire to coal-pits, on woodland in New Bedford, &c., between March and October. 90. Burning brushwood, &c., on such woodland. 91. Penalties for such burning, how recovered, and to whose use. SECTION 1. Whoever wilfully and maliciously burns the dwellingR. S. 126, §§ 1, 2. house of another, or any building adjoining such dwelling-house, or wilfully and maliciously sets fire to any building by the burning whereof such dwelling-house is burnt, shall be punished by imprisonment in the state prison for life. 1852, 259, § 3. See Ch.170, § 54. night, meeting- value of $1000; barn, &c., with R. S. 126, § 3. Buller 159 same in daytime. R. S. 126, § 4. buildings of $1000, &c., or . SECT. 2. Whoever wilfully and maliciously burns in the night time a meeting-house, church, court house, town house, college, academy, jail, or other building erected for public use, or a banking-house, warehouse, store, manufactory, or mill, of another, (being, with the property therein contained, of the value of one thousand dollars,) or a barn, stable, shop, or office, of another, within the curtilage of a dwellinghouse, or any other building, by the burning whereof any building mentioned in this section is burnt in the night time, shall be punished by imprisonment in the state prison for life. SECT. 3. Whoever wilfully and maliciously burns in the daytime any building mentioned in the preceding section, the punishment for which if burnt in the night time would be imprisonment in the state prison for life, shall be punished by imprisonment in the state prison not exceeding ten years. SECT. 4. Whoever wilfully and maliciously burns a banking-house, less value than warehouse, store, manufactory, mill, barn, stable, shop, office, outhouse, or other building whatsoever, of another, other than is mentioned in section two, or a bridge, lock, dam, or flume, or a ship or vessel, of another, shall be punished by imprisonment in the state prison not exceed ing ten years. R. S. 126, § 5. wood, fences, corn, grain, R. S. 126, § 6. SECT. 5. Whoever wilfully and maliciously burns or otherwise detrees, soil, &c. stroys, or injures, a pile or parcel of wood, boards, timber, or other lamber, or any fence, bars, or gate, or a stack of grain, hay, or other vege. table product, or any vegetable product severed from the soil and not stacked, or any standing trees, grain, grass, or other standing product of the soil, or the soil itself, of another, shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five hundred dollars and imprisonment in the jail not exceeding one year. Wife liable for burning proper- SECT. 6. The preceding sections severally extend to a married woman who commits either of the offences therein described, though the property burnt or set fire to belongs partly or wholly to her husband. SECT. 7. Whoever wilfully burns a building or any goods, wares, erty insured, to merchandise, or other chattels, which are at the time insured against loss or damage by fire, with intent to injure the insurer, whether such person is the owner of the property burnt or not, shall be punished by imprisonment in the state prison not exceeding twenty years. injure the insur ers. R. S. 126, § 8. Cutting, &c., In twenty-four SECT. 8. Whoever, within twenty-four hours prior to the burning gine, &c., with- of a building or other property, wilfully and maliciously cuts or removes any bell rope in the vicinity of such building or property, or cuts, injures, or destroys, any engine, or hose, or other apparatus belonging to an engine, in said vicinity, shall be deemed guilty of the burning accessory before the fact, and be punished accordingly. hours of fire. same, at time venting alarm ing fire. SECT. 9. Whoever, during the burning of a building or other prop erty, wilfully and maliciously cuts or removes any bell rope in the vicinity of such building or property, or otherwise prevents an alarm being given; or cuts, injures, or destroys, an engine, or hose, or other apparatus belonging to any engine, in said vicinity, or otherwise wilfully and maliciously prevents or obstructs the extinguishing of any fire; shall be deemed guilty of the burning as accessory after the fact, and be punished by imprisonment in the state prison not exceeding seven years, or in the jail not exceeding three years, or by fine not exceeding one thousand dollars. armed, or mak 1839, 127. SECT. 10. Whoever breaks and enters a dwelling-house in the night Burglary, being time, with intent to commit the crime of murder, rape, robbery, larceny, ing an assault. or other felony, or after having entered with such intent, breaks such R. S. 126, § 9. dwelling-house in the night time, any person being then lawfully there- 4 Met. 358. in, and the offender being armed with a dangerous weapon at the time 6 Met. 568. of such breaking or entry, or so arming himself in such house, or making an actual assault on any person being lawfully therein, shall be punished by imprisonment in the state prison for life. SECT. 11. Whoever breaks and enters a dwelling-house in the night time with such intent; or having entered with such intent, breaks such dwelling-house in the night time, (the offender not being armed, nor arming himself in such house with a dangerous weapon, nor making an assault upon any person then being lawfully therein,) shall be punished by imprisonment in the state prison not exceeding twenty years. 4 6 not being armed, &c. R. S. 126, § 10. Met. 357. or ship, with SECT. 12. Whoever breaks and enters in the night time, a building, Breaking in ship, or vessel, with intent to commit the crime of murder, rape, rob- night, building, bery, larceny, or any other felony, shall be punished by imprisonment intent, &c. in the state prison not exceeding twenty years. 3 Met. 316. 6 Met. 238. 12 Met. 240. 6 Cush. 181. R. S. 126, § 11. 1851, 156, § 1. 20 Pick. 363. SECT. 13. Whoever enters in the night time without breaking, or Entering in breaks and enters in the day time, a building, ship, or vessel, with intent night, without breaking, or to commit the crime of murder, rape, robbery, larceny, or any other breaking, &c., in day time, &c. felony, the owner or any other person lawfully therein being put in R. S. 126, § 12. fear, shall be punished by imprisonment in the state prison not exceed- 1851, 156, § 2. ing ten years. out putting in SECT. 14. Whoever enters a dwelling-house in the night time, with- Entering dwellout breaking, or breaks and enters in the day time any building, ship, night, or breaking-house in or vessel, with intent to commit the crime of murder, rape, robbery, ing, &c., withlarceny, or any other felony, (no person lawfully therein being put in fear. fear,) shall be punished by imprisonment in the state prison not exceed- R. S. 126, § 13. ing five years, or by fine not exceeding five hundred dollars, and imprisonment in the jail not exceeding two years. 1851, 156, § 3. &c. R. S. 126, § 14. 1845, 28. SECT. 15. Whoever steals in a building, ship, or vessel, shall be pun- Stealing in ished by imprisonment in the state prison not exceeding five years, or building, ship, by fine not exceeding five hundred dollars, or by imprisonment in the jail not exceeding two years. 6 Cush. 182. 3 Gray, 450. See Ch. 116, § 14. Ch. 120, § 44. SECT. 16. Whoever steals in a building that is on fire, or steals any property removed in consequence of an alarm caused by fire, shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five hundred dollars and imprisonment in the jail not exceeding two years. at a fire. R. S. 126, § 15. See Ch. 116, § 14. the person. R. S. 126, § 16. SECT. 17. Whoever commits larceny by stealing from the person of Larceny from another shall be punished by imprisonment in the state prison not exceeding five years, or in the jail not exceeding two years. of See Ch. 116, § 14. in value. 2 Met. 419. SECT. 18. Whoever commits larceny, by stealing, of the property another, any money, goods, or chattels, or any bank note, bond, promis- exceeding $100 sory note, bill of exchange, or other bill, order, or certificate, or any R. S. 126, § 17. book of accounts for or concerning money or goods due, or to become RS. 143,555, 6. due, or to be delivered, or any deed or writing containing a conveyance 9 Met. 273. of land or any other valuable contract in force, or any receipt, release, See Ch. 116, § 14. or defeasance, or any writ, process, or public record, if the property Ch. 120, § 41. stolen exceeds the value of one hundred dollars, shall be punished by 4 Gray, 416. imprisonment in the state prison not exceeding five years, or by fine not exceeding six hundred dollars and imprisonment in the jail not exceeding two years; or if the property stolen does not exceed the exceeding $100 value of one hundred dollars, shall be punished by imprisonment in the state prison or jail not exceeding one year, or by fine not exceeding three hundred dollars. Larceny of property not in value. Larceny, de of wills, &c. SECT. 19. Whoever steals, or for any fraudulent purpose, destroys or struction, &c., conceals any will, codicil, or other testamentary instrument, shall, upon conviction thereof, be punished by imprisonment in the house of correction not exceeding two years, or in the state prison not exceeding five years. Allegation of value not re quired. SECT. 20. In an indictment for an offence under the preceding sec tion, no allegation of value or ownership need be made; and in the See Ch. 92, § 17. trial of such an indictment, no disclosure made by any person under section seventeen of chapter ninety-two shall be used in evidence against him. Larceny of property of value of $5. R. S. 143, §§5, 1837, 217. 1851, 346. Second convic tion at same term of three larcenies. R. S 126, § 19. 22 Pick. 1. 3 Met. 458. 6. SECT. 21. Whoever, upon a complaint before a justice of the peace or police court, is convicted of stealing money or goods, not exceeding the value of five dollars, may be committed to the house of correction or to the house of industry or workhouse within the city or town where the offence was committed, for a term not exceeding six months; or he may instead thereof be sentenced to pay a fine not exceeding twenty dollars, either with or without a condition, that if the same with the costs of prosecution is not paid within a time specified, he shall be so committed for a term designated in the sentence. SECT. 22. Whoever, having been convicted, upon indictment, either tion, or convic- of the crime of larceny or of being accessory to the crime of larceny before the fact, afterwards commits the crime of larceny, or is acces sory thereto before the fact, and is convicted thereof upon indictment; and whoever is convicted at the same term of the court, either as principal or accessory before the fact, of three distinct larcenies; shall be deemed common and notorious thief, and be punished by imprisonment in the state prison not exceeding twenty years, or in the jail not exceeding three years. 4 Met. 361, 364. 11 Met. 575, 581. 12 Met. 246. Larceny of pa bank bills, &c., with intent to pass, &c. 1858, 67, § 1. SECT. 23. Whoever commits the crime of larceny by stealing any per designed for printed piece of paper or blank designed for issue by any incorporated bank or banking company in the United States, as a bank bill, certifi cate, or promissory note, or printed by means of any engraved plate designed for printing such pieces of paper or blanks, with intent either to utter or pass the same, or to cause or allow the same to be uttered or passed as true, either with or without alteration or addition, and thereby to injure or defraud any person, shall be punished by imprisonment in the state prison for life, or any term of years. Printers, &c., retaining such paper, &c., with &c. Larceny of to the realty. it, SECT. 24. Whoever, having been employed to print, or having assisted in printing, any such printed piece of paper or blank, or having been intrusted with the care or custody thereof, retains the same in his possession without the knowledge and consent of the corporation for which the same was printed, with the intent either to utter or pass or to cause or allow it to be uttered or passed, as true, either with or without alteration or addition, and thereby to injure or defraud any person, shall be punished by imprisonment in the state prison for life, or any term of years. SECT. 25. Whoever by a trespass, with intent to steal, takes and things annexed carries away any thing which is parcel of the realty or annexed thereto, the property of another of some value, against his will, shall be guilty of such simple or aggravated larceny as he would be guilty of if such property were personal property. 1851, 151, § 1. Accessory to such larceny. 1851, 151, §2. SECT. 26. Any person may become an accessory to such larceny before or after the fact, or a receiver of the property stolen, in like man |