Embezzling, altering, &c. any record, will, deed, &c. Counterfeiting public seals. Effecting escape of prisoners in new gate. Resistance to officers. Barratry. ry, and being thereof duly convicted, shall forfeit and pay a fine not exceeding the sum of one thousand dollars, and shall suffer imprisonment, in a common gaol, not exceeding two years, and shall be, forever after such conviction, incapable of holding any office of trust or profit. SECT. 47. Every person who shall wilfully and corruptly embezzle, take away, withdraw, impair, raze, alter or destroy any record, or parcel of the same, will, testament, codicil, deed, writ, return, process, or other proceeding in any court of record, or in the office of the secretary of this state, or in the office of the clerk of any county, town, city, borough, or other incorporated society or community in this state, with an intention thereby to defeat, injure, or prejudice the estate, right, or title of any person, or body politic, or corporate, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding seven years. SECT. 48. Every person who shall counterfeit the seal of this state, or the seal of any court, or public officer, by law entitled to have and use a seal, and shall make use of the same; or shall unlawfully and corruptly, or with evil intent, affix any of the said true seals to any commission, deed or warrant, certificate, or other writing; or who shall have in his possession or custody, any such counterfeited seal, and shall wilfully conceal the same, knowing it to be falsely made and counterfeited; and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding seven years. SECT. 49. Every person who shall effect the escape of any prisoner, confined in new-gate prison, or attempt the same, or shall give any help or assistance therein, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding six years. SECT. 50. If any person shall abuse any justice of the peace, or resist, or abuse any sheriff, constable, or other. officer, in the execution of his office; such person shall find sureties for the peace and good behavior, until the next county court in that county; or, on refusal, may be committed to the common gaol, there to remain until the next county court, which court shall take cognizance of the offence; and such offender, being thereof duly convicted, shall be. punished, by a fine, not exceeding thirty-four dollars, or by imprisonment, in a common gaol, not exceeding two months, or by such fine and imprisonment both, at the discretion of said court. SECT. 51. If any person shall be a common barrator, and be thereof duly convicted, before the county court, he shall pay a fine of seventeen dollars, and become bound, with one surety, for his good behavior, for a term not less than one year. PEACE. Challenge to a SECT. 52. And be it further enacted, That if any per- Crimes against son shall challenge the person of another, or shall accept the PUBLIC any such challenge, to fight at sword, pistol, rapier, or other dangerous weapons, such person, so challenging or duel. accepting, being thereof duly convicted, shall forfeit and pay, for every such offence, the sum of three thousand dollars, and shall, also, find sufficient sureties, to the acceptance of the court having cognizance of the offence, for his good behavior, during life; and such person shall, forever after such conviction, be disabled from holding any office of profit or honor, under this state; and if such convict shall be unable, or neglect to pay said forfeiture, he shall be imprisoned, in a common gaol, for the term of one year. SECT. 53. If any person shall willingly, or knowingly, Delivering carry, or deliver any written challenge, or verbally deliv- challenge: er any message, meant as, or purporting to be, a challenge, or shall be present at the fighting of any duel as aforesaid, as a second or aid, or give countenance thereto; such person, so offending, being thereof duly convicted, shall be subject to the same forfeitures, and suffer the same punishment and disability, as for sending or accepting a challenge as aforesaid, saving only finding sureties for good behavior during life, as before provided. - SECT. 54. If any three, or more persons shall come, or Riot: assemble themselves together, with intention to do any unlawful act, with force or violence, against the peace, or to the manifest terror of the people, and being required or commanded, by any of the civil authority, or by any sheriff, or deputy-sheriff, or by any one or more of the select-men, or constables of any town, wherein such assembly shall be, by proclamation made in the name of the state, in the form prescribed by law, shall not disperse themselves, and peaceably depart to their habitations, or to their lawful business; or, having so assembled as aforesaid, shall do any unlawful act against any man's person, possession, or property, or against the public interest, in any particular, in manner as aforesaid; every such person, so offending, being thereof duly convicted, before the superior or county court, shall be punished by a fine not exceeding the sum of sixty-seven dollars, or by imprisonment, in a common gaol, not exceeding six months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SECT. 55. If any person or persons shall, with force Obstructing proclamation and arms, wilfully and knowingly, oppose, obstruct, or in against riet. any manner let, hinder, or hurt any person or persons. Continuing together after proclamation. Destroying turnpike property in the night season, or riotously. Breaking windows, &c. in the night sea son. Breach of peace. who shall go, attempt, or begin to make proclamation against riot, in manner and form prescribed by law; every such person, so offending, being thereof duly convicted, before the superior or county court, shall be punished by a fine not exceeding the sum of sixty-seven dollars, or by imprisonment in a common gaol, not exceeding six months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SECT. 56. If any persons, so being unlawfully and riotously assembled, to the number of three or more, to whom proclamation should, or ought to have been made, if the same had not been hindered as aforesaid, shall continue together, and not immediately disperse themselves, after such let or hindrance so made, having knowledge thereof; every such person, so offending, being thereof duly convicted, before the superior or county court, shall be punished by a fine not exceeding the sum of sixty-seven dollars, or by imprisonment, in a common gaol, not exceeding six months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SECT. 57. If any person or persons, in the night season, or in a riotous and tumultuous manner, or, being armed and disguised in their persons, dress or appearance, shall break, destroy, pull down, remove, or in any way or manner, injure any gate, toll-house, or fence, erected across any highway, to prevent the passing by any gate, belonging to any turnpike company in this state, or to any company incorporated for supporting any toll-bridge in this state; every such person, so offending, being thereof duly convicted, before the superior or county court, shall pay a fine not exceeding one hundred dollars, and suffer imprisonment, in a common gaol, for a term not exceeding six months. SECT. 58. If any person or persons shall, in the night season, maliciously and wilfully break any window, or windows, door or doors, in any dwelling-house in this state, in which any family or families dwell or reside; every such person, being thereof duly convicted, shall be punished by a fine, not exceeding one hundred dollars, or by imprisonment, in a common gaol, not exceeding six months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SECT. 59. If any person or persons shall disturb or break the peace, by tumultuous and offensive carriage, threatening, traducing, quarrelling, challenging, assaulting, beating, or striking any other person; every such person, so offending, being thereof duly convicted, before the county court, or a justice of the peace, shall pay such fine, not exceeding one hundred dollars, as, on conside ration of the party offending, the party aggrieved, the instrument used, the degree of danger, the time, place, and provocation, shall be judged just and reasonable, or shall suffer imprisonment, in a common gaol, not exceeding six months, or shall pay such fine, and suffer such imprisonment both, at the discretion of the court having cognizance of the offence: Provided, that no justice of Limitation of the peace shall, for any such offence, inflict a greater jurisdiction of justices of the punishment than a fine of seven dollars, and imprison- peace. ment for one month; but if such offence, in the opinion of said justice, be of so aggravated a nature, as to require a greater punishment, the offender shall be bound over to the next county court, to answer for such offence. CHASTITY. SECT. 60. And be it further enacted, That every per- Crimes against son who shall have carnal knowledge of any man, against the order of nature, being thereof duly convicted, shall Sodomy. suffer imprisonment, in new-gate prison, during his natural life; except it shall appear, that one of the parties was forced, or under fifteen years of age; in which case the party forced, or under the age aforesaid, shall not be liable to suffer the said punishment. SECT. 61. Every man or woman, who shall have car- Bestiality. nal copulation with any beast, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his or her natural life. SECT. 62. If any man shall commit adultery with a Adultery. married woman, each of them, being thereof duly convicted, shall be punished by imprisonment, the man in new-gate prison, and the woman in a common gaol, for a term not exceeding five years, nor less than two years.(2) SECT. 63. No man shall marry any woman within the Incest. following degrees of kindred; that is to say, no man shall marry his grand-father's wife, wife's grand-mother, father's sister, mother's sister, father's brother's wife, mother's brother's wife, wife's father's sister, wife's mother's sister, father's wife, wife's mother, daughter. wife's daughter. son's wife, sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daughter, brother's son's wife, sister's son's wife. And every man and woman who shall marry, or carnally know each other, being within any of the degrees of kindred (2) The punishment of this crime was, at first, whipping, branding on the forehead with the letter A, and wearing a halter about the neck, during their residence in the state; and if found without such halter, they were liable to be ordered to be whip ped, by a justice of the peace. A punishment fixing such a mark of infamy on the person of the offender, which could not be effaced by reformation, was properly exchanged for imprisonment in new-gate. Bigamy. Fornication. Lascivious carriage. Crimes against MORALITY AND DECEN- Blasphemy. aforesaid, and shall be thereof duly convicted, shall be punished by imprisonment, the man in new-gate prison, and the woman in a common gaol, for a term not exceeding five years, nor less than two years. And every marriage, within any of the degrees of kindred aforesaid, shall be, and is hereby declared to be, to all intents and purposes, null and void. SECT. 64. If any married person, his or her lawful wife or husband being alive, shall marry any other person; or if any single person shall marry any married person, his or her lawful wife or husband being alive; or if any persons, so unlawfully married, shall continue to live together, as husband and wife; every person, knowingly offending, in either of the cases aforesaid, shall suffer the same punishment as is provided by law, for the crime of adultery; and such unlawful marriage shall be, and is hereby declared to be, to all intents and purposes, null and void. SECT. 65. If any man shall commit fornication with any single woman, each of them, being thereof duly convicted, before the county court, or a justice of the peace, shall pay a fine of seven dollars, or suffer imprisonment, in a common gaol, for the term of one month, at the discretion of the court having cognizance of the offence. SECT. 66. Every person who shall be guilty of lascivious carriage and behavior, and shall be thereof duly convicted, before the county court, or a justice of the peace, shall be punished by fine, not exceeding ten dollars, or by imprisonment, in a common gaol, not exceeding two months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the of fence.(3) SECT. 67. And be it further enacted, That every person who shall be guilty of blasphemy against God, or either of the persons of the Holy Trinity, or the christian religion, or the holy scriptures, and shall be thereof duly convicted, before the superior court, shall be punished, by a fine not exceeding one hundred dollars, and by impris (3) This law originated from the peculiar sentiments of the first settlers respecting the intercourse of the sexes, and was occasioned by a prosecution for this offence before the particular court (as it was called) in 1642. The act was passed in December, 1642, and appears in the revision of 1672, and has ever since been continued. Though the definition of this crime is expressed in terms so general as to give to courts an unbounded latitude of discretion, hardly compatible with civil liberty; yet as a construction has been given by the supreme court of errors, which will comprehend only offences that ought to be restrained and punished, it has been thought advisable to retain it. The construction was, that the statute comprehended all those wanton acts between persons of different sexes, flowing from the exercise of lustful passions, and which are not otherwise punished as crimes against chastity and public decency. Fowler v. State, 5 Day. 81. |