2594 INDEX TO THE
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Page.
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therein, rape, sodomy, mayhem, robbery, or burglary, to be deemed
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murder of the first degree — 1809, ch. 138, sec. 3, ...
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574
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All other kind of murder to be deemed murder of the second degree —
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1809, ch. 138, sec. 3, .........
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The jury, if they find the person guilty, to ascertain the degree by
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their verdict— 1809, ch. 138, sec. 3, ......
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If convicted by confession, the court to proceed by examination of
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witnesses to determine the degree, and to give sentence accord-
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ingly— 1809, ch. 138, sec. 3, .......
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Every person liable to be prosecuted for petit treason, to he indicted
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and punished as directed in other kinds of murder, according to
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the degree— 1809, ch. 138, sec. 3, ......
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The offences herein after mentioned, affecting the lives or the persons
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of individuals, to be punished in the manner following :
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1st. Murder in the first degree, and aiding, &c. — death by hanging.
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2d. Murder of the second degree, and being accessary — confine-
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ment, &c. not less than 5 nor more than 18 years. 3d. Man-
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slaughter — confinement, &c. not more than 10 years. 4th.
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Mayhem, tarring and feathering, or aiding, &c. — confinement, &c.
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not more than 10 years. 5th. Cutting out or disabling the tongue,
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putting out an eye, slitting the nose, cutting or biting off the nose,
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ear, or lip, cutting or biting off, or disabling any limb or member of
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malice aforethought, with intention to maim or disfigure, or aiding,
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&c. — confinement, &c. not less than 2 nor more than 10 years.
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6th. Rape, or as being accessary thereto before the fact — death by
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hanging, or confinement, &c. not less than 1 nor more limn 21
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years. 7th. Carnal knowledge and abuse of any female under the
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age of ten years, to be deemed felony — death by hanging, or con-
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finement, &c. not less than 1 nor more than 21 years. 8th.
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Sodomy — confinement, &c. not less than 1 nor more than 10 years.
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9lh. An assault with intent to rob, murder, or commit a rape — con-
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finement, &c. not less than 2 nor more than 10 years. 10th. Kid-
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napping, and forcibly or fraudulently carrying or causing to be car-
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ried out of the state, any free person, or person entitled to freedom
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at or after a certain age, &c. or knowingly arresting such person
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with such intent, or aiding, &c. — confinement, &c. not less than 2
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nor more than 10 years— 1809, ch. 138, sec. 4, ....
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The offences herein after mentioned, affecting the habitations, houses
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or vessels of individuals, to be punished in manner following :
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1st. Arson, or as being accessary — death by hanging, or confinement,
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&c. not less than five nor more than twenty years. 2d. Wilfully
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burning any mill, distillery, tobacco-house, &c. or other out-house,
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not being parcel of a dwelling-house, being empty, or having
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therein any tobacco, &c. or burning any stack of hay, &c. and aid-
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ing therein — death by hanging, or confinement, &c. not less than
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three nor more than twelve years. 3d. Wilfully burning any ship
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or vessel of seventeen feet keel or upwards — confinement, not less
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two nor more than twelve years. 4th. Burglary, or as accessary
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before the fact — restoration or payment of the value, and confine-
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