Punishment of the offence when the offen

shall be duly convicted thereof in the Supreme Judicial Court, shall suffer the punishment of death.

SEC. 2. Be it further enacted, That if any person, with intent to kill, rob, steal, commit a rape, or. to do or perpetrate any other felony, shall, in the night time, break and armed, & com- enter, or having, with such felonious intent entered, shall in the

der is not so

mits no as

in the house.

Accessaries before the fact.

sault on those night time break a dwelling house, without being armed with a dangerous weapon, or without arming himself, or herself in such house with a dangerous weapon, and without committing an assault upon any person lawfully being in such house; every offender and every person present, aiding and abetting in such burglary, or accessary thereto before the fact, by counselling, hiring or procuring such burglary to be committed, who shall be duly convicted thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for such term not exceeding two years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, and by confinement afterwards to hard labour for life.

Punishment of accessaries after the fact.

Punishment

when the of

SEC. 3. Be it further enacted, That if any person, after any burglary committed as aforesaid, shall knowingly harbour, conceal, maintain, or assist any principal offender, or accessary thereto 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 three 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 aggravation of the offence.

SEC. 4.

Be it further enacted, That if any person, with fender enters a intent to kill, rob, steal, commit a rape, or to do or perpe

dwelling house

tent in the

night time

without break

breaking any

with such in- trate any other felony, shall, in the night time, enter without breaking, or in the day time break and enter, any dwelling, or in the ing house, or any out house thereto adjoining and occupied day time by therewith, or any office, shop or warehouse or any ship or dwelling house vessel lying within the body of a County: every such offender and every person present, aiding or abetting in the commission of such offence, or who shall have counselled, hired, or procured the same to be committed, being thereof duly

or other build

ing. Accessaries

before the fact.

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 three years: or by a fine, not exceeding five hundred dollars, and imprisonment in the common gaol, not exceeding three years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence.

[Approved February 28, 1821.]

0

CHAPTER VII.

An Act providing for the punishment of the crimes of Robbery and other larcenies,

and for the prevention thereof.

cenies above

ies, not ex

SEC. 1. BE it enacted by the Senate and House of Represent Supreme Jud, atives, in Legislature assembled, That the Supreme Judicial Court to have exclusive jurisCourt shall have exclusively the jurisdiction of all larcenies diction of larwhere the money, goods or other article or articles stolen, 100 dollars. shall be alleged to exceed in amount or value, the sum of one hundred dollars, the said Supreme Judicial Court and the Circuit Courts of Common Pleas, within their respective S. J. Court & Counties, shall have concurrent jurisdiction of all larcenies, Pleas, concur rent jurisdicwhere the money, goods or other article or articles stolen, tion of larcenshall not be alleged to exceed in amount or value, the sum ceeding 100 of one hundred dollars; and every Justice of the Peace, dollars. within his proper County, shall have concurrent jurisdiction to have conwith the said Courts, of all larcenies, where the money, goods current jurisor other article or articles stolen, shall not be alleged to ex- cenies not exceed in amount or value, the sum of five dollars. And any dollars. person duly convicted before a Justice of the Peace of any ishment before larceny, either as principal or as accessary before or after Jus. of Peace. the fact, shall be punished by such fine, not exceeding five dollars, and imprisonment in the common gaol for such term, not exceeding twenty days, either or both, as the said justice, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence.

Justs. of Peace

diction of lar

ceeding five

Mode of pun

Punishment of

SEC. 2. Be it further enacted, That any person who shall feloniously steal, take and carry away of the property of simple lare.another, any money, goods, or chattels, or any bond. prom

ny.

fact.

or any

issory note, bill of exchange, or other bill, order or certificate, book of accounts for or respecting any money or goods, due or becoming due and payable, or to be delivered, or any deed or writing containing a conveyance of lands or other real estate, or any other valuable contract remaining in force, or any receipt, release or defeasance, or any writ, process, or public record, shall be deemed guilty of the crime of larceny; and every such offender, and any person present, aiding and abetting in any such larceny, or accessary thereto before the fact, by counselling, hiring or otherBeing accessary before the wise procuring the same to be done, who, before any Court having jurisdiction thereof, shall be duly convicted of either of the felonies and offences aforesaid, shall be punished, when the money, goods, or other article or articles stolen, shall not exceed in amount or value the sum of one hundred dollars, by solitary imprisonment for a term not exceeding six months, and by confinement afterwards to hard labour for a term not exceeding one year, or by a fine not exceeding one hundred dollars and imprisonment in the common gaol for a term not exceeding one year. And when the money, goods or other article or articles stolen, shall exceed in amount or value, the sum of one hundred dollars, then by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labour for a term not exceeding three years, to be ordered by the Court before whom the conviction may be, according to the degree and aggravation of the offence.

Punishment on

SEC. 3. Be it further enacted, That if any person having a second con- been before convicted of the crime of larceny, or as accesor sary thereto before the fact, shall afterwards commit or

viction as

principal accessary.

shall be alike accessary to another larceny, and shall be duly convicted thereof, before the Supreme Judicial Court; or if any person before the Supreme Judicial Court at one and the same term thereof, shall be duly convicted as principal or as accessary before the fact, in three distinct larcenies, every such offender shall be punished as a common and notorious thief, by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labour for a term not less than three years and not exceeding fifteen years, to be ordered as aforesaid.

warehouse or

SEC. 4. Be it further enacted, That if any person in the Punishment for night time, shall break and enter any shop, warehouse or entering shop, breaking and office, not adjoining to, or occupied with, a dwelling house, office in night or any ship or vessel, lying within the body of a County, time. and shall there commit a larceny, every such offender, and every person present, aiding, and abetting in the commission of such felony, or accessary thereto before the fact, by counselling, hiring or procuring the same to be committed, and being thereof duly convicted before the Supreme Judicial Court, shall be punished by solitary imprisonment for such term not exceeding one year, and confinement afterwards to hard labour for such term, not exceeding fifteen years, as the Justices of the said Court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence.

without break

and entering.

SEC. 5. Be it further enacted, That if any person in the Punishment night time, shall enter, without breaking, or in the day time, for entering a shall break and enter any dwelling house, or out houses &c. in night, dwelling house thereto adjoining, and occupied therewith, or any office, ing, or in day shop, warehouse, ship or vessel, as aforesaid, the owner or time breaking other person being therein and put in fear, every such of fender, and any person present, aiding and abetting in the commission of such felony, or accessary thereto before the fact, by counselling, hiring or otherwise procuring the same to be done, upon due conviction thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labour for a term not exceeding ten years, to be ordered as aforesaid.

ting larceny in

house, shop,

breaking and

SEC. 6. Be it further enacted, That if any person shall in Punishment the day time commit any larceny in any dwelling house, for commitoffice, shop, warehouse, ship or vessel, as aforesaid, or in the dwellingnight time shall break and enter any church, meeting-house, office, &c. in court-house, town-house, college or academy, or other build- day time, or ing erected for public uses, or any mill, malt-house, store, entering in barn or stable, and shall commit any larceny therein, or or other public shall be aiding and abetting in the commission of such felo- store, barn ny, or shall be accessary thereto before the fact, by coun- &c. selling hiring or otherwise procuring the same to be done, every such offender, upon conviction of either of the felonies

night a church

Punishment for robbery,

fender is not

dangerous

weapon, nor

aforesaid, in the Supreme Judicial Court, shall be punished by solitary imprisonment for a term not exceeding six months, and by confinement afterwards to hard labour, for a term not exceeding five years, to be ordered as aforesaid.

SEC. 7. Be it further enacted, That any person, who shall when the of by force and violence, or by other assault and putting in armed with a fear, feloniously steal, rob and take from the person of another, any money or goods, bank note, bill of exchange or intends to kill, other negotiable bill, note or order, due or in force, or any &c. other property which may be the subject of larceny, shall be adjudged guilty of the crime of robbery; and every such offender, and any person present, aiding and abetting in the commission of such felony, or accessary thereto before the fact, by counselling, hiring or procuring the same to be done, who in the Supreme Judicial Court, shall be duly convicted of either of the felonies and offences aforesaid, shall be punished by solitary imprisonment for such term, not exceeding two years, and by confinement afterwards, to hard labour for life.

Punishment of

dangerous

intending to kill, &c.

SEC. 8. Be it further enacted, That if any person shall robbery, when commit an assault upon another, and shall rob, steal and armed with take from his person, any money, goods or chattels, or any weapon, and property which may be the subject of larceny, such robber being, at the time of committing such assault, armed with a dangerous weapon, with intent to kill or maim the person so assaulted and robbed; or if any such robber, being armed as aforesaid, shall actually strike or wound the person, so assaulted and robbed; every person so offending, and every person present, aiding and abetting in the commission of such felony, or who shall be accessary thereto before the fact, by counselling, hiring or procuring the same to be done and committed, and who shall be duly convicted thereof, shall suffer the punishment of death.

Death.

Punishment of assault with intent to rob

offender being

SEC. 9. Be it further enacted, That if any person being armed with a dangerous weapon, and with intent to commit robbery, shall assault another, every such offender, and evearmed with a ry 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,

dangerous

weapon.