extending the provisions of this act to goats and to geese going at large within its limits; and thereafter goats and geese going at large in such town or any part thereof, shall subject their owner to the same obligations and duties, and shall themselves be disposed of in the same way, as is in this act provided in relation to the animals therein named. In such case, the pound-keeper's fees for receiving goats shall be four cents each, and for receiving geese, two cents each; and the penalty shall be twenty cents for each goat, and five cents for each goose. SEC. 8. From and after the time when this act goes into operation, all acts heretofore passed to prevent any animals from going at large in any town, or district or village, or any geese from so going at large; the act authorizing the town of Newport to pass laws restraining all kinds of domestic animals from going at large; an act entitled "an act to authorize the town of Newport to make all necessary rules and regulations to prevent hogs and cows from running at large in the streets, highways or commons in said town ;" and all acts authorizing or permitting any town to pass any by-law, ordinance or regulation on the subject, are hereby repealed; except so far as relates to any suit then commenced, or any penalty then incurred. SECTION An Act relative to Estrays. 1. Horses, &c., found damage feasant, may be taken up as estrays if the owners are not known-notice thereof to be given to the town clerk in ten days. 2. Town clerk to set up notifications of the marks on such estray and advertise the same. 3. Estrays to be kept a year and a day, and if a horse, with a withe about his neck-owner to have it within that time on paying charges. 4. If no owner appear within a year and SECTION a day finder to have it appraised, and to pay one half the appraisal to town clerk, and then convert to his own use. 5. Person taking up an estray and not proceeding according to this act, to forfeit five dollars. 6. Person taking up an estray may use it after notice to town clerk. 7. Town clerk to keep record of his proceedings-his fees stated. 8. This act to extend to no town where other provision is made by law. It is enacted by the General Assembly, as follows: SECTION 1. If any person shall find any horse, neat-beast, sheep or hog on his own land, damage feasant, not knowing to whom the same belongs, he may take up such animal as an estray, and within ten days thereafter he shall repair to the town clerk of the town in which the same was taken up and give notice thereof. SEC. 2. The said town clerk shall thereupon cause to be made three notifications, attested under his hand, setting forth the natural and artificial marks of such animal; one of which notifications he shall cause to be set up in the same town, and the other two in some public places in the two next towns in this state, and shall also cause such notifications to be published in one of the newspapers printed in the town nearest to that in which such estray shall be taken up. SEC. 3. Any animal so strayed and taken up shall be kept by the person who took it up, one year and a day, and if it be a horse, to have a withe kept about his neck the whole of said time; and any person laying just claim to such animal may, at any time within the year and a day, have the same again upon paying the just and reasonable charges of keeping, crying and notifying as aforesaid, over and above the actual benefit derived from the use of the same; but in case any difference shall arise between the said parties about the charge of keeping such animal, the same shall be referred to three justices of the peace within said town, who are hereby directed and empowered to hear and determine the same, according to justice and equity, and to tax costs as in other cases; which judgment shall be final. SEC. 4. In case no owner shall appear within said year and a day, the person who took up said animal shall repair to the town clerk, taking with him two electors of the neighborhood, who shall be by the town clerk engaged to make a faithful and true appraisal of said animal; and the person who took up said animal shall pay one half of the sum said animal shall be appraised at, after all just charges are deducted, into the hands of the town clerk, who shall give him a certificate from under his hand that he hath proceeded according to law with said animal; whereupon the said person may convert the same to his own use. SEC. 5. Any person taking up any such animal and not proceeding as is by this act required, shall forfeit and pay the sum of five dollars; to be recovered before any justice of the peace in the town where the offence shall be committed, by action of debt; one half thereof to and for the use of said town, the other half to and for the use of him who shall sue for the same. SEC. 6. The person who shall take up any such animal may lawfully use the same during the year and day it may be in his possession, after he has given notice thereof to the town clerk, as required in the first section of this act. SEC. 7. Each town clerk shall keep a fair record of all all monies by his proceedings under this act; and shall pay him received for any such estrays, and for which no owner appears, into the town treasury, immediately on receipt thereof; and the town clerk shall be paid for every animal so cried, and for every advertisement posted up or printed as aforesaid, twelve cents; and if no owner appear, and it be appraised and he give a certificate as aforesaid, he shall have twenty-five cents therefor. SEC. 8. This act shall not extend to any town where other provision on this subject is made by law. SECTION An Act concerning Crimes and Punishments. 1. Treason against the state, by levying war, punished with imprisonment for life. 2. Misprison of treason against the state, by levying war, punished with imprisonment, not exceeding twenty, nor less than five years, or be fined not exceeding ten thousand dollars. 3. Two witnesses to the same overt act, or confession in open court, requisite to convict any person of treason against the state by levying war. 4. Town meetings not called and holden according to law, forbidden; the moderator and clerk of any such meeting to be fined not more than one thousand dollars, nor less than five hundred dollars, and imprisoned six months. 5. Punishment for consenting to accept any office to be obtained by election at any unlawful town meeting; fine not exceeding two thousand dollars, and imprisonment for one year. 6. Punishment for assuming the office of governor, &c., without due election, imprisonment for life. 7. Meetings described in fourth section, and all meetings of persons not authorized by law, as the general assembly, to be dispersed by civil posse or military force. 8. Supreme court alone authorized to try offences against preceding sections. Indictments may be found and tried in any county. 9. Complaints for any breach of foregoing sections to be allowed by the governor or attorney general, before warrants are to issue thereon from any justice of the peace. Persons adjudged probably guilty by a magistrate, to be imprisoned in any county. 10. Murder punished with death. 11. Manslaughter, with not exceeding twenty years imprisonment. SECTION 12. Robbery, with imprisonment not less than five years. 13. 14. 15. 16. 17. 18. 19. 20. 21 22. 23. 24. Rape, with imprisonment not less than ten years. Putting out an eye, &c., with malice or with intent to disfigure, with imprisonment not more than ten years, nor less than one year. Duelling, with imprisonment not more than seven years, nor less than one year. Challenging to a duel and accepting a challenge, with imprisonment not more than seven years, nor less than one year. Inhabitant of this state fighting a duel out of the state, and wounding a person that afterward dies in this state, guilty of murder. Inhabitant of this state a second in any duel out of the state, and present when a mortal wound is inflicted, of which the person dies in this state, accessary before the fact to the crime of murder. Former conviction or acquittal in state where duel fought, bar to proceedings in this state, under two next preceding sections Poisoning food, &c., or wells, with intent to kill or injure any person, punished with imprisonment for life, or any term of years. Threats to accuse a person of a crime, &c., to extort money, with imprisonment not more than two years, or fine not more than five hundred dollars. Assault with intent to murder, &c., with imprisonment not more than twenty years, nor less than one year. Mayhem, with imprisonment not more than five years, nor less than one year. Assault and battery, with imprisonment not more than six months, or fine not more than one hundred dollars. SECTION SECTION 47. 26. Arson, with death, or imprisonment, 46. 31. Firing woods, punished with imprison- 33. Breaking and entering a building, &c., 35. Receiving stolen goods, punished the 36. Falsely personating another and re- 37. Obtaining goods, &c., by false preten- 43. Person embezzling property delivered 48. 49. 50. 51. 52. 53. punished with imprisonment not more Justice of the peace, sheriff, &c., to Breaking lanterns, with a fine not more Perjury, with imprisonment not more than twenty years-all false swearing when oath is required, declared to be perjury. Subornation of perjury, with imprisonment not more than twenty years. Inciting to perjury, with imprisonment not more than ten years. 54. Indictment for perjury, &c., how to be framed. 56. 55. Administering oaths by persons not authorized by law, and taking oaths before any such unauthorized person, with fine of one hundred dollars. Bribery of judge, justice of the peace, &c., with imprisonment not more than seven years, or fine not more than one thousand dollars. Accepting a bribe by any judge, justice of the peace, &c., with same penalty as bribery. 57. 58. 59. 60. 61. 62. Rescuing a convict or person in custody, like penalty as the prisoner was or could be sentenced to, except where punishment was capital, or ten years imprisonment; in such case, with imprisonment not more than ten years, or fine not more than three thousand dollars. Obstructing an officer, with imprisonment not more than one year, or fine not more than five hundred dollars. Jailer or officer having a prisoner in custody for a criminal matter, and voluntarily suffering him to escape, like penalty as the prisoner was or could be sentenced to, except as in case of rescue. Jailer or officer negligently suffering any prisoner in custody for a criminal matter to escape, to be imprisoned not more than one year, or fined not more than one thousand dollars. Conveying tools to a prisoner to break SECTION jail, with imprisonment not more than vict. 66. Receiving money by a sheriff, &c., for 67. Neglecting to pay over fines, &c., to 69. Passing counterfeit bank bills, &c., 71. Having any plate, &c., to counterfeit 73. Counterfeiting coin, same as counterfeiting bank bills, &c. 74. Passing counterfeit coin, knowing the 76. Having any mould, die, &c., to coun- SECTION 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 375 prisonment not more than one year, or fine not more than five hundred dollars for first offence; for second offence, with imprisonment not less than one year, nor more than three years. When lessee of house is convicted of keeping a house of ill fame his lease may be avoided by lessor. Enticing a virtuous female to house of ill fame for purposes of lewdness, punishable with imprisonment not more than five years, or fine not more than five thousand dollars. Magistrates may issue warrants to search for females enticed to houses of ill fame. Adultery, punished with imprisonment not exceeding one year, or fine not more than five hundred dollars-both parties guilty of adultery if either be married. Fornication, with fine not more than ten dollars. Bigamy, with imprisonment not exceeding five years nor less than one year, or fine not more than one thousand dollars. Concealing the birth or death of a bastard child, with imprisonment not more than ten months, or fine not more than three hundred dollars. Woman indicted for murder of her bastard child may be charged in same indictment with the offence named in the preceding section. Blasphemy, with imprisonment not more than two months, or fine not more than two hundred dollars. Profane swearing, with fine not more than five dollars. Crime against nature, with imprisonment not more than twelve years, nor less than one year. Selling, &c., obscene prints, &c., with imprisonment not more than one year, or fine not more than five hundred dollars. Justices of the peace may issue search warrants for obscene prints, &c. Disturbing public meetings, &c., punished with imprisonment not more than one year, or fine not more than five hundred dollars. Digging up human body or concealing one dug up, &c., with imprisonment not more than ten years, or fine not more than one thousand dollars. Defacing tombs, &c., or fences, &c., around tombs, &c., with imprisonment not exceeding ten months, or fine not more than five hundred dollars. Abusing horses, &c., with fine not more than fifty dollars. Working on the first day of the week, by fine of one dollar for first offence, and two dollars for second offence. 79. Keeping a house of ill fame, with im-98. Setting another's servant at work on |