2594 INDEX TO THE

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therein, rape, sodomy, mayhem, robbery, or burglary, to be deemed

murder of the first degree — 1809, ch. 138, sec. 3, ...

574

All other kind of murder to be deemed murder of the second degree —

1809, ch. 138, sec. 3, .........

574

The jury, if they find the person guilty, to ascertain the degree by

their verdict— 1809, ch. 138, sec. 3, ......

574

If convicted by confession, the court to proceed by examination of

witnesses to determine the degree, and to give sentence accord-

ingly— 1809, ch. 138, sec. 3, .......

574

Every person liable to be prosecuted for petit treason, to he indicted

and punished as directed in other kinds of murder, according to

the degree— 1809, ch. 138, sec. 3, ......

574

The offences herein after mentioned, affecting the lives or the persons

of individuals, to be punished in the manner following :

1st. Murder in the first degree, and aiding, &c. — death by hanging.

2d. Murder of the second degree, and being accessary — confine-

ment, &c. not less than 5 nor more than 18 years. 3d. Man-

slaughter — confinement, &c. not more than 10 years. 4th.

Mayhem, tarring and feathering, or aiding, &c. — confinement, &c.

not more than 10 years. 5th. Cutting out or disabling the tongue,

putting out an eye, slitting the nose, cutting or biting off the nose,

ear, or lip, cutting or biting off, or disabling any limb or member of

malice aforethought, with intention to maim or disfigure, or aiding,

&c. — confinement, &c. not less than 2 nor more than 10 years.

6th. Rape, or as being accessary thereto before the fact — death by

hanging, or confinement, &c. not less than 1 nor more limn 21

years. 7th. Carnal knowledge and abuse of any female under the

age of ten years, to be deemed felony — death by hanging, or con-

finement, &c. not less than 1 nor more than 21 years. 8th.

Sodomy — confinement, &c. not less than 1 nor more than 10 years.

9lh. An assault with intent to rob, murder, or commit a rape — con-

finement, &c. not less than 2 nor more than 10 years. 10th. Kid-

napping, and forcibly or fraudulently carrying or causing to be car-

ried out of the state, any free person, or person entitled to freedom

at or after a certain age, &c. or knowingly arresting such person

with such intent, or aiding, &c. — confinement, &c. not less than 2

nor more than 10 years— 1809, ch. 138, sec. 4, ....

574

The offences herein after mentioned, affecting the habitations, houses

or vessels of individuals, to be punished in manner following :

1st. Arson, or as being accessary — death by hanging, or confinement,

&c. not less than five nor more than twenty years. 2d. Wilfully

burning any mill, distillery, tobacco-house, &c. or other out-house,

not being parcel of a dwelling-house, being empty, or having

therein any tobacco, &c. or burning any stack of hay, &c. and aid-

ing therein — death by hanging, or confinement, &c. not less than

three nor more than twelve years. 3d. Wilfully burning any ship

or vessel of seventeen feet keel or upwards — confinement, not less

two nor more than twelve years. 4th. Burglary, or as accessary

before the fact — restoration or payment of the value, and confine-