stables.

SEC. 12. Be it further enacted, That the special authority Duty of sheriffs, grand jugiven by this act to Tythingmen, for preventing the breach- rors, and cones thereof, shall not be construed or understood to exempt any Sheriff, Grand Jurors, Constables, or other officers or persons whatsoever, from any obligation or duty, to cause this act to be put in execution, but they shall be held to take due notice and prosecute all breaches thereof, such special authority notwithstanding.

alties, how re

and

SEC. 13. Be it further enacted, That all the penalties and Fines and penfines, incurred and paid for any of the offences aforesaid, covered mentioned in the seventh, eighth and tenth sections of this appropriated. act shall be for the use of the State. And that all said offences, the penalties against which exceed seven dollars, shall be prosecuted by presentment to the Grand Jury, before the Circuit Court of Common Pleas, in the County wherein the offence may be committed: But all offences, the penalty whereof does not excced seven dollars, except the offender lives out of the County in which the offence may be committed, shall be prosecuted by complaint before a Justice of the Peace in such County: But when the offender lives out of such County, he may be prosecuted by presentment as aforesaid, although the penalty does not exceed seven dollars.

[Approved February 5, 1821.]

00

CHAPTER X.

An Act for the Punishment of Adultery, Polygamy, Lewdness and Fornication.

Punishment of

SEC. 1. BE it enacted by the Senate and House of Rep resentatives, in Legislature assembled, That if any man or wo- adultery. man shall commit adultery, and be thereof convicted, he or she 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.

Persons while

marry again.

SEC. 2. Be it further enacted, That if any person within this State, being married, shall marry any person, the former married not to husband or wife being alive, or who shall continue to live so married, and being thereof convicted, shall be punished by solitary imprisonment for a term not exceeding three months,

Penalty for bigamy.

Proviso in

sence for sev

by husband for

and by confinement to hard labour for a term not exceeding five years: Provided always, That this áct shall not extend case of either to any person whose husband or wife shall be continually party's ab- remaining beyond sea, by the space of seven years together, en years be- or whose husband or wife shall absent him or herself, the one yond sea and not known to from the other, by the space of seven years together; the be living; one of them in either case not knowing the other to be livor desertion ing within that time, nor to the wife of any married man seven years, in who shall willingly absent himself from his said wife, by the space of seven years together, without making suitable provision for her support and maintenance in the mean time, if it shall be in his power so to do; nor to any person that is Proviso, as to or shall be at the time of such marriage divorced, by sentence party in case of any Court whatsoever, which has, or may have legal jurisdiction for that purpose, unless such person is the guilty cause of such divorce, nor to any person for or by reason of any former marriage had or made, or hereafter to be had or made within the age of consent.

certain cases.

the innocent

of divorce.

Punishment of

civicus CO

habitation, and

lewdness.

SEC. 3. Be it further enacted, That if any man and wolewa na man, either or both of whom being then married, shall lewdly and lasciviously associate and cohabit together, or if any open and gross man or woman, married or unmarried, shall be guilty of open gross lewdness and lascivious behaviour, and shall be thereof convicted before the Justices of the Supreme Judicial Court, they 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.

Punishment of fornication.

SEC. 4. Be it further enacted, That if any man shall commit fornication with any single woman, the man or woman so offending and being thereof convicted before the Circuit Court of Common Pleas, shall be punished by imprisonment in the common gaol for a term not less than ten days, nor more than sixty days: or shall be sentenced to pay a fine not less than twenty dollars, nor more than one hundred dollars, as the Court may direct.

[Approved February 28, 1821.]

CHAPTER XI.

An Act against Forgery and Counterfeiting.

public records

securities, &c.:

SEC. 1. BE it enacted by the Senate and House of Represen- Forgery of tatives, in Legislature assembled, That if any person shall & certificates falsely make, alter, forge or counterfeit, or shall procure to and private be falsely made, altered, forged or counterfeited, or shall willingly aid or assist in falsely making, altering, forging or counterfeiting any public record, any certificate or attestation of a Justice of the Peace, Public Register, Notary Public, Clerk of any Court, Town Clerk, or other public officer, in any matter wherein such their certificate or attestation is receivable and may be taken as legal proof; any charter, deed, will, testament, bond or writing obligatory, letter of attorney, policy of insurance or bill of exchange; any promissory note, order, acquittance or discharge, for or upon the payment of money or delivery of goods; or any acceptance of a bill of exchange or any endorsement or assignment of a bill of exchange or promissory note, for the payment of money; any accountable receipt for money or goods, or for any note, bill or security for money or goods; or any lottery ticket in any lottery legally authorized and licensed within this State, or shall utter or publish as true, them as true, any such false, altered, forged or counterfeited record, cer-ed &c. how puntificate or attestation, charter, deed, will, testament, bond or writing obligatory, letter of attorney, policy of insurance, bill of exchange, promissory note, acceptance, endorsement, assignment, order, acquittance, discharge, accountable receipt or lottery ticket, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud any person, or any body politic or corporate, then every person so offending, in either of the particulars aforesaid, who shall on conviction be thereof duly convicted, in the Supreme Judicial Court, 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 less than two years, and not exceeding ten years.

or uttering

in the S. J.

for forging

SEC. 2. Be it further enacted, That if any person shall Punishment falsely make, alter, forge or counterfeit, or shall procure to

it, bank bills, &c.

altering or ren

as true, any

bills of cred- be falsely made, altered, forged or counterfeited; or shall willingly assist in falsely making, altering, forging or counterfeiting, any note, certificate, or other bill of credit, which hath been or may be, issued by the Treasurer or other Commissioner or Commissioners duly authorized, for any debt of this State; or any bank bill, or promissory note payable to the bearer, signed in behalf of any company or corporation, by law licensed and authorized as a bank, within this State, or payable and demandable therein, at the office of any banking company incorporated by any law of the United States; or if any person having knowledge of such false or aiding in making, altering, forging or counterfeiting, shall willingly dering current aid or assist in altering or rendering current as true, any such, knowing such false altered, forged or counterfeited notes, certificates, them to be bills of credit, bank bills, or notes, and for that purpose shall possess, at any one time, any number not less than ten of such similar false, altered, forged, or counterfeited notes, certificates or bills of credit, bank bills or notes, knowing the same to be false, altered, forged or counterfeit as aforesaid, with intent to utter or pass the same and thereby to injure or defraud this State, any body politic or corporate, or any person or persons, then every person, so offending, in either of the particulars aforesaid, who shall be thereof 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 and during his or her life.

false,

or possessing

such, know ingly, with intent to pass as true.

Punishment

payment, false

bills, notes,

ly.

SEC. 3. Be it further enacted, That if any person shall for uttering or utter, or tender in payment as true, any such false, altered, tendering in forged or counterfeit note, certificate or bill of any debt of this State, bank bill, or promissory note payable to the &c. knowing bearer, by any bank as aforesaid, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud this State, any body politic or corporate, or any person or persons; every person so offending, and who shall be duly convicted thereof, in the Supreme Judicial Court, shall be punished by solitary imprisonment for a term not exceeding thirty days; and by confinement afterwards to hard labour for a term not exceeding three years; or by a fine not exceeding one thousand dollars, and by

on second con

binding to the good behaviour for two years, at the discretion of the Justices of the said Court before whom the conviction may be. And if after any such conviction, the same Punishment person shall be guilty a second time of the like offence, and viction; shall be duly convicted thereof in the Supreme Judicial Court; or if in the Supreme Judicial Court at the same term thereof any person shall be duly charged and convicted of the said offence, in three several instances, then such tion of three person may be adjudged to be a common utterer of coun- several ofterfeit bills, and shall be punished by solitary imprisonment term. for a term not exceeding one year, and by confinement afterwards to hard labour for a term not less than two years, and not exceeding ten years.

or on convic

fences at same

the State, bank

tent to pass,

SEC. 4. Be it further enacted, That if any person shall Punishment bring into or shall have in his possession within this State, for having, or any false, forged and counterfeit bill or bills, note or notes in bringing into the similitude of the bills or notes payable to the bearer bills, with inthereof, issued by or for any bank or banking company, &c. which is or shall be established within this State, or in any other part of the United States, for the purpose of rendering the same current as true, or with intent to pass the same, knowing the same to be false, forged and counterfeit, every such offender upon due conviction thereof, before the Supreme Judicial Court, shall be punished by solitary impris onment, for such term, not exceeding three months; and by confinement afterwards to hard labour, for such term not exceeding three years; or by a fine not exceeding one thousand dollars, and imprisonment in the common gaol not exceeding one year, 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. 5. Be it further enacted, That in all prosecutions for forgery, or counterfeiting any bank bills or promissory notes, of any of the banks mentioned and described in the second, third and fourth sections of this Act; or for uttering, publishing, or tendering in payment as true any such forged or counterfeit bills or notes, or for having the possession of any such forged or counterfeit bills or notes with intent to pass the same, the testimony of the President or Cashier of Testimony of such banks may be dispensed with, if the place of residence President or of such President or Cashier shall exceed the distance of

Cashier may,