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Session Laws, 1809
Volume 570, Page 95   View pdf image
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EDWARD LLOYD, ESQUIRE, GOVERNOR. NOVEMBER.

1809.

judge, or other person concerned in the administration of justice, take any illegal fee, gift or undue

reward, to influence his behaviour in his office, and if any person shall give any money or thing to
any judge, or other person concerned in the administration of justice, with intent to influence his
behaviour in his office, every such judge or person shall be deemed guilty of bribery, and on being
convicted thereof, shall be sentenced to undergo a confinement in the penitentiary for a term of time
not less than two nor more than twelve years, to be treated as is prescribed by law, and shall be dis-
qualified from holding ally office for ever thereafter. 5th. Every embracer who shall procure any
juror to take gain or profit for rendering his verdict, upon conviction, and every juror convicted of
taking gain or profit for giving his verdict, shall undergo a confinement in the penitentiary for a
period not less than one year nor more than six years, and shall be disqualified to serve on juries for
ever thereafter. 6th. If any person shall wilfully burn, or attempt or conspire to burn, any court-
house, or county or public prison, or the penitentiary, poor-house, magazine or lazaretto, or public
warehouse, or any other building belonging to this state, or the different counties, cities or towns,
or bodies corporate in this state, or the office of the clerk or register of any court in this state, or
the state-house of this state, or any public office contained therein, or any public office in this state
of any kind whatever, or church or house of worship, college, academy or public school-house, en-
gine-house, market-house, scale-house, watch-house, or public barrack, such person or persons, and
his, her or their aiders, abettors and counsellors, and each of them, shall be deemed felons, and, on
being duly convicted thereof, shall suffer death by hanging by the neck, or be sentenced to under-
go a confinement in the penitentiary for a period of time not more than fifteen years, to be treated
as the law directs. 7th. Every person duly convicted of the crime of wilfully and maliciously burning
or destroying, or attempting or conspiring to burn or destroy, any public arsenal or magazine of
provisions, or of military or naval stores, belonging to this state, or subject to the jurisdiction
of this state, or of wilfully and maliciously burning or destroying, or attempting or conspiring to
burn or destroy, any military or naval stores, ship or vessel, belonging to this state, the United
States, or any one of them, shall suffer death by hanging by the neck, or be sentenced to undergo a
confinement in the penitentiary for a period not less than three nor more than ten years, to be
treated as the law directs.

IX. AND BE IT ENACTED, That if any negro or mulatto slave shall be duly convicted of any
crime herein mentioned, which may not, in the discretion of the court, under this act, be punished
by hanging by the neck, such negro or mulatto slave, instead of confinement in the penitentiary, may,
in the discretion of the court, be sentenced to receive on his or her bare back any number of lashes,
not exceeding one hundred, and the court may also sentence such negro or mulatto slave to be ba-
nished from this state, by transportation and sale, into some foreign country, for the benefit of the
state or county, as the case may be, with as full power and authority as the governor may now ex-
ercise under an act, entitled, An act declaring the power of the governor in certain criminal cases,
such negro or mulatto slave to be valued and paid for in the manner herein after directed, and no-
thing in this act contained shall be construed to deprive justices of the peace of any power or autho-
rity which they may now exercise by law relative to free negroes and mulattoes, or negro and mu-
latto slaves.

X. AND BE IT ENACTED, That no conviction or attainder shall work corruption of blood or for-
feiture of estate; the estate of such persons, as shall destroy their own lives shall descend or vest as
in case of natural death; if any person be killed by casualty there shall be no forfeiture in conse-
quence thereof; an approver shall never be admitted in any case whatsoever, and a sentence of
death shall not be executed in less than twenty days after the judgment.

XI. AND BE IT ENACTED, That all claims to dispensation from punishment, by benefit of clergy,
shall be and are hereby lor ever 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 one year nor more than five years, to be treated as herein directed, except in those cases
Where some other specific penalty is herein prescribed; and every person who shall be convicted of
any felony heretofore excluded from the benefit of clergy, and not herein specified, shall be sentenced
to undergo a confinement in the penitentiary for a period of time not less than five nor more than,
twenty years, to be treated as this act directs.

XII. AND BE IT ENACTED, That if any person be indicted of treason or felony, and he or she
shall star. d mute, or will not answer to the indictment, the court, in such case, shall notwithstand-
ing proceed to the trial of such person so standing mute, as if he or she had pleaded not guilty,
and render judgment thereon accordingly.

C H A F,

CXXXVIII.



 
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Session Laws, 1809
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