ment two days ment. copy of Indict- treason, or for misprision of treason, shall have a true copy before arraign- of the whole indictment delivered unto them, or any of them, two full days at least, before he or they shall be arraigned for the same, whereby to enable them, and any of them, respectively, to advise with, counsel thereupon, to plead and make their defence, and in case any person or persons, so accused and indicted, shall desire counsel, the Court before whom such person or persons shall be tried, or some Judge of that Court, shall,and is hereby authorized and required, imassigned them. mediately upon his or their request, to assign to such person or persons, such and so many counsel not exceeding two, as the person or persons shall desire to whom such counsel shall have free access at all seasonable hours. Counsel to be Oaths of two cessary in case of misprision of Treasonunless, &c. SEC. 5. Be it further enacted, That no person or perwitnesses ne- sons whatsoever shall be indicted, tried or convicted of misprision of treason, but by and upon the oaths and testimony of two lawful witnesses, either both of them to the same overt act, or one of them to one, and the other of them to another overt act of the same species of treason, unless the party indicted and arraigned, or tried, shall willingly without violence, in open Court confess the same. Prisoners to trial: may have SEC. 6. Be it further enacted, That all and every person and persons who shall be accused, indicted and tried for treason, as aforesaid, or for misprision of treason, shall have cophave copy of ies of the panel of the Jurors who are to try them, delivered panel of jurors twodaysbefore unto them and every of them so accused and indicted recompulsory spectively, two days at least before he or they shall be tried for the same: and that all persons so accused and indicted for any treason, as aforesaid, or for misprision of treason, shall have the like process of the court where they shall be tried, to compel their witnesses to appear for them at any such trial or trials, as is usually granted to compel witness to appear against them. process for theirwitnesses. No persons to SEC. 7. Be it further enacted, That no person or persons be indicted af whatsoever shall be indicted, tried or prosecuted for any next following treason, or for misprision of treason, that shall be com ter three years the offence. mitted or done in violation of this Act, unless the indictment for the same be found within three years next after the treason done or committed. [Approved March 19, 1821.] CHAPTER II. An Act providing for the punishment of the crimes of Murder, Manslaughter, felonious Maims and Assaults, and Duelling, and for the prevention thereof. Punishment of dissected and Sheriff may de liver the dead body over for SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person shall murder or becommit the crime of wilful murder, or shall be present, ing accessary aid- thereto before ing and abetting, in the commission of such crime, or not be- the fact. ing present, shall have been accessary thereto before the fact, by counselling, hiring, orotherwise procuring the same to be done, every such offender, who in the Supreme Judicial Court, shall be duly convicted of either of the felonies and offences aforesaid, shall suffer the punishment of death. And the Justices of the said Court, before whom the convic- Court may or der body of tion shall be in cases of murder committed in a duel shall, convict to be and in other cases may, at their discretion, further sentence anatomized: and order the body of such convict to be dissected and anatomized. And in case of further sentence, it shall be the duty of the sheriff to deliver the body of the convict, being dead, to a professor of anatomy and surgery in some public college or seminary, when it shall be required in his behalf, and otherwise to any surgeon or surgeons, who shall be attending at the place of execution, to receive the body, and will engage for the dissection and anatomizing thereof. SEC. 2. Be it further enacted, That if any person, after a wilful murder done and committed as aforesaid, shall be the crime after accessary thereto, by knowingly receiving, harbouring, comforting, concealing, maintaining, or otherwise unlawfully assisting any principal offender, or accessary therein before the fact; every such accessary after the fact, who shall be thereof duly convicted in the Supreme Judicial Court, shall be punished by solitary imprisonment for such term, not exceeding six months, and by confinement afterwards to hard labour, for such term, not exceeding ten years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence. that purpose. Punishment of accessories to the fact. manslaughter. Punishment of SEC. 3. Be it further enacted, That if any person shall commit the crime of manslaughter, and shall be thereof duly convicted, every such offender shall be punished by solitary imprisonment, for such term not exceeding six months, and by confinement afterwards to hard labour, for such term not exceeding ten years, as the Court before whom the conviction may be, shall sentence and order; or by fine not exceeding one thousand dollars, and imprisonment in the common gaol, for a term not exceeding three years, at the discretion of the Court, before whom the conviction may be. Punishment for maiming or ry thereto. SEC. 4. Be it further enacted, That if any person, with being accessa- set purpose and aforethought malice, or intention to maim or disfigure, shall unlawfully cut out or disable the tongue, put out an eye, cut off an ear, slit the nose, or cut off the nose or lip, or cut off or disable a limb, or member of any person, every such offender, and every person privy to the intent aforesaid, who shall be present, aiding and abetting in the commission of such offence, or not being present, shall have counselled, hired or procured the same to be done, upon due conviction thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for such term, not exceeding one year, and by confinement to hard labour, or by imprisonment in the common gaol for such time, not exceeding ten years, commencing from the expiration of such solitary imprisonment, as the Justices of the said Court before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence. Punishment for assault with der, and being accessary thereto. SEC. 5. Be it further enacted, That if any person being intent to armed with a dangerous weapon, and with intent to commit commit mur murder, shall assault another, every such offender, and every person present aiding and abetting, or who shall be accessary before the fact, to the commission of the offence aforesaid, by counselling, hiring, or procuring the same to be done and committed, and who shall be thereof duly convicted, shall be punished by solitary imprisonment for such term, not exceeding one year, and by confinement afterwards to hard labour, for such term, not exceeding twenty years, as the Court before whom the conviction may be, shall sentence and order. to maim,&c. and SEc. 6. Be it further enacted, That if any person with a Punishment for assault with dangerous weapon, and with an intention to maim or disfig- intent ure in any of the modes, mentioned in the fourth section of being accessathis Act, shall assault another; or shall be present, aiding or ry thereto. abetting therein, or not being present, shall have counselled, hired or procured the same to be done, every such offender, who shall be thereof duly convicted, in the Supreme Judicial Court, shall be deemed a felonious assaulter, and shall be punished by solitary imprisonment, for such term, not exceeding six months, and by confinement afterwards to hard labor, or by imprisonment in the common gaol, for such term, not exceeding four years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence. Punishment in a duel, giv or acting as or a SEC. 7. Be it further enacted, That if any person shall voluntarily engage in a duel, with rapier, a small sword, back for engaging sword, pistol, or other dangerous weapon, to the hazard of ing a challenge life, when no homicide shall ensue thereon; and if any per- second son shall, by word, message, or in any other manner, chal- bettor : lenge another to fight in a duel, as aforesaid, when no duel shall be fought thereon, every such offender, and every person, who shall be knowingly a second, agent or abettor in such duel or challenge, upon due conviction of either of said offences in the Supreme Judicial Court, shall be punished as a felonious assaulter; and for his further punishment, shall on conviction, be disqualified from holding, and incapable of any office or shall be disqualified from place of honour, profit or trust under this State, during the holding term of twenty years from and after such conviction. any office for 20 years. SEC. 8. Be it further enacted, That if any person shall Punishment accept a challenge to a duel, and shall consent to fight therein for accepting as aforesaid, when no duel shall thereupon ensue, every such a challenge offender, and every person who shall knowingly be a second, agent or abettor in such acceptance of a challenge, upon due conviction thereof in the Supreme Judicial Court, shall be punished by imprisonment in the common gaol, not exceeding one year, and shall be disqualified from holding, and disqualified for holding any incapable of any office or place of honour, profit or trust office for five under this State, during the term of five years from and after years. such conviction. on conviction, Punishment for concealing ard. SEC. 9. Be it further enacted, That if any woman shall conpregnancy, or ceal her pregnancy, and shall willingly be delivered in secret being delivered of a bast- by herself, of any issue of the body, male or female which shall by law, be a bastard, every such woman so offending, shall pay a fine not exceeding the sum of one hundred dollars, to the use of the State; to be recovered by information or indictment in any Court proper to try the said offence, or imprisoned, not exceeding three months, at the discretion of the Court. Punishment such child. SEC. 10. Be it further enacted, That if any woman shall for endeavour endeavour privately, either by herself, or the procurement of ing to conceal the death of others, to conceal the death of any such issue of her body, which, if it were born alive, would by law be a bastard, so that it may not come to light, whether it were born alive or not, or whether it was murdered, or not, in every such case, the mother, so offending, shall be punished by solitary imprisonment for a term not exceeding three months, and confinement to hard labour, for a term not exceeding five years, at the discretion of the Court. If woman be indicted for child and for offences in same ment, Jury may SEC. 11. Be it further enacted, That if the Grand Jury murder of such shall, in the same indictment, charge any woman with the both or either wilful murder of her infant bastard child, as well as with of the above either or both the offences aforesaid, and it appear to the indict- Jury of trials that she is guilty of the murder charged, she acquit of the shall be thereupon convicted of murder, and suffer the pains murder & con- of death as in case of murder; but if it doth not appear to either of the the same Jury that she is guilty of the murder charged in the indictment, but only of either or both the offences aforesaid, then the same Jury may acquit her of the charge of murder, and find her guilty of the aforesaid offences or either of them, as the case may be. vict of both or other offences. [Approved February 28, 1821.] -00 Punishment of rape and of CHAPTER III. An Act providing for the punishment of Rape, and for the prevention thereof. SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any man shall |