832

PROCEEDINGS IN CRIMINAL CASES. [ART. 73.
SENTENCE.

Art 30, s 181
1737,c 2,
1809, c 138,8 11,
1825, c 9.1
Sentence for
clergyable
felony.

15. All claims to dispensation from punishment by benefit of
clergy are forever abolished , and every person convicted of any
felony heretofore deemed clergyable. shall be sentenced to undergo
a confinement in the penitentiary for any time not less than eighteen
months nor more than five years, except in those cases where some

For felony not
clergyable.

other specific penalty is prescribed by this codc. And every person
who shall be convicted of any felony heretofore excluded from the
benefit of clergy, and not specified in this code, shall be sentenced to
undergo a confinement in the penitentiary for not less than five nor
more than twenty years.

Id s 182
1809, c 133, s 16
For murder

16. If any offender, on conviction, may be sentenced to suffer
death, the court before whom such offender shall be tried and con-
victed, shall sentence him to suffer death by hanging b3r the neck.

Id s 183
1838, c 131.
Removed cases,
where sentence
of death.

17. Where a case has been removed for trial, and the party shall
be sentenced to be hung, the court shall remand him to the place
where the indictment was found, where the sentence shall be exe-
cuted, as if passed in that placc.

Id s 134
1831, c 203, s 2
Minors

18. When any white infant under the age of fifteen years, shall
be convicted of any offence other than those mentioned in the next
succeeding section, the court may suspend the sentence upon such

Binding out of
convict minors

convicted infant, and bind him or her to some person residing in or
out of this State, or may procure other employment for such infant
in or out of this State, and shall have power to compel such infant
to comply with the terms of its judgment; but such infant shall not
be bound to service in the county or city where the conviction was
had, nor for a term extending beyond the age of eighteen years in
females, and twenty-one in males.

Id s 185
1854, c 155, s 1
What minors
sentenced to
penitentiary

19. All white infants over twelve and under the age of fifteen
years, who may be convicted of mayhem, murder in the second
degree, manslaughter, assault with intent to commit murder or
mayhem, or of setting fire to any building, tenement, or property,
the setting fire to which is punishable by confinement in the peni-
tentiary in the case of adults, shall be sentenced to the peniten-
tiary for the said crime, in the same manner as if they were of full
agc.

Id s 186
1854, c 155, s 3
When minors
may be bound
to managers of
house of refuge
or other insti-
tution

20. Any court in this State having criminal jurisdiction, may
bind out to the managers of any house of refuge, or other institu-
tion under police regulations within the limits of the said State, all
white infants over twelve and under the age of fifteen years, until
they shall arrive at an age of not less than eighteen, nor more than
twenty-one years, who shall be convicted of any offence punishable
in adults by confinement in the penitentiary, other than those speci-
fied in the next preceding section.

Id s 187
1834, c 155, s 2
Discretionary
power of court
as to binding
out minors

21. It shall be the duty of every court having criminal jurisdic-
tion, to examine into the character of all infants convicted of offences
for which they may be bound as apprentices under the preceding