try, shall be punished by imprisonment in the State penitentiary not exceeding ten years.

SEC. 44. 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 offense, the consent thereto of the person so taken, inveigled, kidnapped, or confined, shall not be a defense unless it is made satisfactorily to appear to the jury that such assault was not obtained by fraud, nor extorted by duress or threats.

SEC. 45. Whoever mingles any poison with food, drink, or medicine, with intent to kill or injure another person, or wilfully poisons any spring, well, or reservoir of water, with such intent, shall be punished by imprisonment in the State penitentiary for life, or any term of years.

SEC. 46. Whoever assaults another with intent to commit burglary, robbery, rape, manslaughter, mayhem, or any felony, the punishment of which assault is not hereinbefore prescribed, shall be punished by imprisonment in the State penitentiary not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one

year.

SEC. 47. If the life of any person being a passenger is lost by reason 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 guilty of a misdemeanor, and punished by fine not exceeding five thousand nor less than five hundred dollars.

SEC. 48. 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, thereby causing serious injury to any person, shall be punished by fine not exceeding five thousand dollars.

SEC. 49. If a driver of a stage coach or other vehicle for the conveyance of passengers for hire, when a passenger is within or upon such 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, in consequence whereof any person shall be injured, he may be punished by imprisonment in the county jail not exceeding two months, or by fine not exceeding fifty dollars.

Maliciously ting fire to

SECTION 1. Whoever wilfully and maliciously burns the burning or set dwelling house, or any building adjoining such dwelling house, or dwelling 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 penitentiary for life, or for such time as the court may direct.

houses.

Burning other buildings night time.

In day time.

SEC. 2. Whoever wilfully and maliciously burns in the night in time a meeting house, church, court house, town house, college, academy, jail, or other buildings 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, within the curtilage of a dwelling house, 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 penitentiary for life, or for such time as the court may direct.

Burning oth bridges and ves

er buildings,

sels.

Burning tim

ber, fences, and vegetable pro

ducts.

SEC. 3. Whoever wilfully and maliciously burns in the day time any building mentioned in the preceding section, the punishment for which, if burnt in the night time, would be imprisonment in the State penitentiary for life, shall be punished by imprisonment in the State penitentiary not exceeding ten years.

SEC. 4. Whoever wilfully and maliciously burns a banking house, warehouse, store, manufactory, mill, barn, stable, shop, office, out house, or other building whatsoever, of another, other than is mentioned in section 2d, or a bridge, lock, dam, or flume, or a sloop or vessel of another, shall be punished by imprisonment in the State penitentiary not exceeding ten years.

SEC. 5. Whoever wilfully and maliciously burns, or otherwise destroys or injures a pile or parcel of wood, boards, timber, or other lumber, or any fence, bars, or gate, or a stack of grain, hay, or other vegetable 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 penitentiary not exceeding five years, or by fine not exceeding five thousand dollars and imprisonment in the county jail not exceeding one year.

SEC. 6. The preceding sections severally extend to a married Married wo- woman who commits either of the offenses therein described, though the property burnt or set fire to belongs partly or wholly to her husband.

men commit

ting offenses.

SEC. 7. Whoever burns a building or any goods, wares, mer

chandise, 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 penitentiary not exceeding twenty years.

Cutting bell rope or destroy

fore fire.

SEC. 8. Whoever, within twenty-four hours prior to the burning of a building or other property, wilfully and maliciously cuts or removes any bell rope in the vicinity of such building or prop- ing engines beerty, or cuts, injures, or destroys any engine, or hose or apparatus belonging to an engine, in said vicinity, shall be deemed guilty of the burning, as accessory before the fact, and be punished by imprisonment in the State penitentiary not exceeding ten years.

SEC. 9. Whoever, during the burning of a building or other property, unlawfully and maliciously cuts or sunders 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 the 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 shall be punished by imprisonment in the State penitentiary not exceeding seven years, or in the jail not exceeding one year, or by fine not exceeding one thousand dollars.

SEC. 10. Whoever breaks and enters a dwelling house in the night time, with intent to commit the crime of murder, rape, robbery, larceny, or other felony, or after having entered with such intent, breaks such dwelling house in the night time, any person being lawfully therein, and the offender being armed with a dangerous weapon at the time 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 penitentiary for life, or such term as may be determined by the court.

SEC. 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 making an assault upon any person then being lawfully therein), shall be punished by imprisonment in the State penitentiary not exceeding twenty years.

SEC. 12. Whoever breaks and enters in the night time, a building, ship, or vessel, with intent to commit the crime of murder, rape, robbery, larceny, or other felony, shall be punished by imprisonment in the State penitentiary not exceeding twenty years. SEC. 13. Whoever enters in the night time, without breaking, or breaks and enters in the day time, a building, sloop, or vessel, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, the owner, or any other person law

same offenses during fire.

Breaking inhabited dwell

ing house in

night time with

intent to commit felony, be

ing armed.

Not being armed.

Breaking and entering vessel

night time with intent to

commit felony.

Entering in night time

without breaking with intent

to commit felony.

Entering in out breaking dwelling house

night time with

with felonious intent.

Stealing in a building or ship.

Stealing in a

building on fire or property re

moved in fire.

fully therein being put in fear, shall be punished by imprisonment in the State penitentiary not exceeding ten years.

SEC. 14. Whoever enters a dwelling house in the night time, without breaking, or breaks and enters in the day time, any building, ship or vessel, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, (no person lawfully therein being put in fear,) shall be punished by imprisonment in the State penitentiary not exceeding five years, or by fine not exceeding five hundred dollars, and imprisonment in the county jail not exceeding two years.

SEC. 15. Whoever steals in a building, ship, or vessel, shall be punished by imprisonment in the State penitentiary not exceeding five years, or by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year.

SEC. 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 penitentiary not exceeding five years, or by fine not exceeding five hundred dollars, and imprisonment in the jail not exceeding two years.

SEC. 17. Whoever commits larceny by stealing from the perLarceny from son of another, shall be punished by imprisonment in the State penitentiary not exceeding five years, or in the county jail not exceeding two years.

the person.

ceeding $100 in value.

SEC. 18. Whoever commits larceny, by stealing of the propLarceny oferty of another, any money, goods, or chattels, or any bank note, property ex bond, promissory note, bill of exchange, or other bill, order or certificate, or any book of accounts for or concerning money or goods due, or to become due, or to be delivered, or any deed or writing containing a conveyance of land, or any other valuable contract in force, or any writ, process, or public record, if the property stolen exceeds the value of one hundred dollars, shall be punished by imprisonment in the State penitentiary not exceeding five years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year; or if the property stolen does not exceed the value of one hundred Larceny of dollars, shall be punished by imprisonment in the State penitenthan $100 in tiary or connty jail not exceeding one year, or by fine not exceeding three hundred dollars.

property less

value.

SEC. 19. Whoever steals, or for any fraudulent purpose deStealing or stroys or conceals any will, codicil, or other testamentary instruconcealing will. ment, shall, upon conviction thereof, be punished by imprisonment in the State penitentiary not exceeding ten years, or by fine not exceeding two thousand dollars.

Allegation of value or ownership.

Stealing mon

ey not exceed

SEC. 20. In an indictment for an offense under the preceding section, no allegation of value or ownership need be made.

SEC. 21. Whoever is convicted of stealing money or goods, not exceeding in value twenty dollars, shall be sentenced to pay ing twenty dol- a fine of not more than one hundred dollars, and to be confined in the county jail sixty days.

lars.

SEC. 22. Whoever, having been convicted upon indictment, either of [the] crime of larceny or of being accessory to the Second larceny. crime of larceny, afterwards commits the crime of larceny, or is accessory 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 two distinct larcenies, shall be deemed a common and notorious thief, and be punished by imprisonment in the State penitentiary not exceeding twenty years, or in the county jail not exceeding one year.

Who deemed a common thief.

Larceny of

bank

SEC. 23. Whoever commits the crime of larceny by stealing any printed piece of paper or blank, designed for issue by any per designed for person, incorporated bank, or banking company in the United issue as bill. States, as a bank bill, certificate, or promissory note, or printed by means of an 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, and thereby to injure and defraud any person, shall be punished by imprisonment in the State penitentiary for life, or any term of years.

Illegal reten

per.

SEC. 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 tion of such paof the corporation or person for whom the same was printed, with the intent either to utter or to pass it, 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 penitentiary not exceeding ten years.

Trespass to

SEC. 25. Whoever by a trespass takes and carries away any thing which is parcel of the reality or annexed thereto, the reality. property of another, of same value, against his will, shall be guilty of a misdemeanor, and shall be punished by fine of at least double the value of the property taken, and by imprisonment in the county jail not exceeding one year.

Accessory to

SEC. 26. Any person may become an accessory to such trespass before or after the fact, or a receiver of the property taken, trespass. in like manner as if the property were personal, and shall be punished as provided in the last section.

SEC. 27. The same courts and justices shall have jurisdiction of offenses under the two preceding sections as would have jurisdiction if the property taken were personal property.

Jurisdiction in trespass.

Taking beast without con

SEC. 28. Whoever, without the consent of the owner, and with a felonious intent, takes any beast or bird, ordinarily kept in a sent of owner state of confinement, and not the subject of larceny at common law, shall be deemed guilty of a misdemeanor, and punished accordingly.