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.

Punishment of

ceny from per

SEC. 10. Be it further enacted, That if any person shall commit any other larceny from the person of another, ei- any other lar ther openly and violently, or privily and fraudulently, every son. 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 otherwise procuring the same to be done, who shall be duly convicted 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 five years, to be ordered by the Justices of the said Court, before whom the conviction may be, according to the aggravation of the offence.

Punishment of

olence, or dan

steal.

SEC. 11. Be it further enacted, That if any person with a dangerous weapon, or other actual violence, and with in- assault with vi tent to steal, in manner as aforesaid, shall assault another, gerous weapon every such offender, and any person present, aiding and as- with intent to sisting therein, or who shall have counselled or procured the same to be done, shall be deemed a felonious assaulter; and 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.

accessaries to

SEC. 12. Be it further enacted, That if any person shall Punishment of knowingly harbour, conceal or maintain any principal fel- robbery or laron or accessary before the fact, in any robbery or larce- ceny after the fact. ny, committed in any manner as aforesaid, or shall receive or shall aid in concealing any money, goods or other article stolen as aforesaid, knowing the same to have been so stolen, in any such manner as aforesaid, every such offender upon due conviction of either of the offences as aforesaid, shall be deemed an accessary after the fact to the same robbery or larceny, and shall be punished by solitary imprisonment for such term not exceeding six months and by

Accessary to such felony may be prose

demeanor,

pal is not con

victed or prosecuted.

confinement afterwards to hard labour for such term not exceeding three years, or by a fine not exceeding five hundred dollars, and by imprisonment in the common gaol, for such term not exceeding three years, or either of them, as the Justices of Court, before whom the conviction may be, shall and may senterfce and order, according to the nature and aggravation of the offence.

SEC. 13. Be it further enacted, That any person charged with the receipt or concealment of money, goods or other arcuted for mis- ticle stolen in any manner as aforesaid, knowing the same to though princi- have been stolen, may be prosecuted therefor as for a misdemeanor, although the principal felon chargeable, or charged with the larceny, shall not have been prosecuted or convicted; and upon due conviction thereof before any Court having jurisdiction of the principal offence, shall be punished in the same degree and manner, as an accessary after the fact might be, being alike convicted; but after prosecution for such misdemeanor, the person charged shall not be liable to be prosecuted as an accessary after the fact in the same larceny.

Punishment on

SEC. 14. Be it further enacted, That if any person, hava second con- ing been before convicted as a receiver of money, goods ceiver of stolen or other articles stolen in any manner as aforesaid, shall

viction as re

goods, or on

three distinct

offences of

same term

Conviction of afterwards knowingly receive or aid in the concealment of any other money, goods or other articles stolen, and shall same kind, at be duly convicted thereof before the Supreme Judicial Court; or if any person shall be alike duly convicted before the Supreme Judicial Court, in the same term thereof, as a receiver of any money, goods or other articles aforesaid, stolen in any manner as aforesaid, in three distinct acts of receiving or concealing as aforesaid, every such offender shall be deemed a common receiver of stolen goods, and shall be punished by solitary imprisonment for such term, not exceeding one year, and by confinement afterwards to hard labour for such term, not less than three years, and 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.

SEC. 15. Be it further enacted, That when any person, convicted for the first offence as a receiver of stolen goods,

Court may ex

from punishment by hard

or as accessary, after the fact, in any simple larceny and Case, in which not adjudged to be a common receiver of stolen goods, shall empt convict make satisfaction to the party injured by such larceny to the full amount of the money, goods or articles stolen and labour. not restored, the Justices of the Court before whom the conviction may be, shall exempt such receiver and accessary from the penalty of confinement of hard labour.

low compensa

and trouble;

SEC. 16. Be it further enacted, That in every case of a Court may alconviction of larceny as aforesaid, the Justices of the Court tion to prosebefore whom the conviction may be, shall have authority, cutor for time at the prayer of the prosecutor therein, and at their discretion, to order for him or her a meet recompense, not exceeding his or her actual expenses, with a reasonable allowance for time. and trouble in such prosecution, to be paid by the County Treasurer; and all payments which shall be made by any' County Treasurer, pursuant to any order which may be granted as aforesaid, shall be the proper charge of this State, charged to the and shall be allowed in the manner which is or shall be provided for the reimbursement to the several Counties of other costs arising in criminal prosecutions.

-same to be

State.

he arrests a

ed-to seize

inventory of

them to be anreturn.

nexed to his

SEC. 17. Be it further enacted, That it shall be the du ty of any Sheriff or other officer who shall be charged with, Sheriff when or lawfully employed in, apprehending and arresting any person accusperson accused of the crime of larceny or robbery, or as goods, money, accessary therein, in any manner as aforesaid, to seize and &c. and make secure the money, goods or other articles aforesaid, alleged to be stolen or to have been obtained by such larceny or robbery, and which shall be found in the possession of such accused person, or which shall be waved by him or her in flying from justice. And of the money, goods or other articles aforesaid, which shall be so found and secured, a true inventory or schedule shall be made in, or annexed to the return of such Sheriff or other officer, upon the warrant or process which shall have been issued for the arrest of any person accused as aforesaid; and such Sheriff or other officer shall be ac- Sheriff countable for the money, goods or other articles thereby such goods, seized and secured. And whenever the conviction of any &c. person accused as aforesaid, shall be had upon the prosecu tion, and by the care and dilligence of the owner of any money, goods or articles, found and seized as aforesaid, such

ac

countable for

to be deliver

on conviction owner shall and may have restitution thereof immediately af ter such conviction, by an order in open Court, or by a writ of restitution as the case may require.

ed to owner,

tenced to hard

value of goods

restored,

from his earnings, &c.

Court may

er of goods to

vict in service -in case.

SEC. 18. Be it further enacted, That whenever, upon any Convicts, sen- conviction as aforesaid, such convict shall be sentenced to labour to be confinement to hard labour, such owner prosecuting as aforecharged with said, shall be allowed against each and every convict, the stolen and not full amount or value of the money, goods or other articles stolen or obtained by such larceny, and not restored or satisfied for, to be charged against such convict at his or her place of confinement under such sentence, and to be paid to be paid from his or her net earnings, as the same shall accrue, and so far as they may extend. And when such convict shall be sentenced to fine or imprisonment in the common gaol, he or she shall be required by the sentence to pay to such owner prosecuting as aforesaid, the full amount or value of the money, goods or other article or articles stolen and not restored or satisfied for; and if any such convict shall be unempower own- able to make restitution, or pay the amount or value as aforedispose of con- said, the Justices of the Court before whom the conviction may be, may further sentence and order him or her to make satisfaction to such owner by service, who shall thereupon be empowered to take such convict in service, or to dispose of him or her to any person for such term of time, not exceeding three years, as shall be ordered by the said Justices: Provided however, That no such convict shall be held in gaol for such satisfaction of the amount or value, as aforesaid, for a longer term than thirty days, unless such owner shall give security to the keeper of the gaol, to satisfy the charge of keeping such prisoner from and after that time, according to the rate allowed for keeping prisoners in the same gaol; and if such owner shall refuse or neglect so to do, and shall not take or dispose of such prisoner, the keeper shall no longer keep such prisoner for that purpose, but may set him or her at liberty, after the expiration of the term of imprisonment, if any, ordered by the sentence, and after the payment of the costs of Court, and his own charges of imprisonment; and if he or she be unable to pay the same, upon application by the keeper of the gaol to any two Jus

Proviso.

tices of the quorum, within the same County, they are hereby empowered to determine the sum to be paid, and to order such prisoner to make satisfaction by service, for such reasonable time, not exceeding two years, as they may assign, for which time the keeper may thereupon dispose of such prisoner in service to any citizen of the United States: And if he or she cannot be so disposed of, after being confined three months, for costs, or fine and costs only, the Justices of the Circuit Court of Common Pleas, within and for the same County, may, at their discretion, order such prisoner to be discharged upon such security as they may judge proper.

ed with lar

a sum doub

sum required

appearance.

SEC. 19. Be it further enacted, That when any person, Persons chargcharged with the crime of larceny, or as an accessary there- ceny, &c. to recognise in in, or as a receiver of money, goods or other articles stolen as aforesaid, shall and may be let to bail, the recognisance le the value for the appearance of such person, shall be taken, with suffi- besides the cient surety, or sureties, in such sum as may be reasonably to secure their required for that purpose; with a further additional sum which shall be double the amount or value of the money, goods or articles charged to have been stolen or obtained by such larceny; and when such recognisance shall be forfeited by default, the Justices of the Court before whom judgment may be rendered thereon, shall order the amount or value of the money, goods, or other articles stolen or obtain. ed as aforesaid, to be paid out of the sum which shall be collected on such recognisance, to the owner of such money, goods or other articles, provided he shall have been the prosecutor.

[Approved March 19, 1821.]

-00

CHAPTER VIII.

An Act against Blasphemy, and profane Cursing and Swearing.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person shall Crime of blasphemy de wilfully blaspheme the holy name of God, by denying, curs- scribed. ing, or contumeliously reproaching God, his creation, government, or final judging of the world, or by cursing, or re