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488 1 & 2 P. & M. CAP. 12, IMPOUNDING OF DISTRESS. ment of misprision of treason formerly was forfeiture of the profits of land during life, forfeiture of goods, and imprisonment for life. The Act of Feb. 1777, ch. 20, sec. 3, provided that if any inhabitant or subject, having knowledge of the actual commission of any of the crimes 368 aforesaid declared* to be treason, should conceal the same, and should not, as soon as conveniently might be, disclose and make the same known to the governor, or some one of the judges or justices of this State for the time being, such person, on conviction thereof in the General Court, should be adjudged guilty of a misprision of treason, and should forfeit all the estate which he had at the time of the commission of the crime, to the use of the State. And the 6th section provided, that if any person should know of any intention, design, or attempt to commit any of the crimes declared by the Act to be treason against the State, and should not reveal the same, &c., on conviction he should be fined not exceeding 1, 000 (. current money, and imprisoned not more than one year, at the discretion of the Court. But this Act is not included in the Code. But now, by the 27th Art. of the Bill of Rights, no conviction shall work cor- ruption of blood or forfeiture of estate. See as to misprision of treason against the U. S. the Act, April 30, 1790.1 It is, perhaps, curious that there should be now any such thing as misprision of treason, which is the act of levying war, in the sense of its being a criminal offence to conceal such act. However, no doubt, there may be aiding, &c., in treason by acts not patent. 1 See now Act of Congress 1909, ch. 321, (Supp. U. S. Comp. Stats. Tit. 70, ch. 1, secs. 1-3.) CAP. XII. An Act for the impounding of Distresses. For the avoiding of grievous Vexatious, Exactions, Troubles and Disorder in taking of Distresses, and impounding of Cat- tle, (2) lie it enacted by the Authority of this present Parlia- ment, That from and after the first Day of April next coming, no Distress of Cattle shall be driven out of the Hundred. Rape, Wapentake or Lathe where such Distress is or shall be taken, except that it be to a Pound overt within the same Shire, not above three Miles distant from the Place where the said Dis- tress is taken: (3) and that no Cattle or other Goods distrained or taken by way of Distress, for any manner of Cause at one Time, shall be impounded in several Places, whereby the Owner or Owners of such Distress shall be constrained to sue several Replevies f or the Delivery of the said Distress so taken at one |
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| Volume 194, Page 488 View pdf image (33K) |
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