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according to and in conformity with the common law of England.

stack of hay, fodder, corn or grain, or the being accessary thereto before the fact, § 13; 13, forging and counterfeiting gold or silver coin, bank notes, writings obligatory, &c., or paying or tendering such forgeries or counterfeits in payment or for sale, $ 14 and 15; 14, wilful and corrupt perjury and subornation of perjury, § 16; 15, stealing, taking away, altering, falsifying or otherwise avoiding any record, writ, process, or other proceeding in any court of the territory by means whereof any judgment shall be reversed, made void, or not take effect, or acknowledging or procuring to be ac. knowledged in any of the said courts any recognizance, bail, or judgment in the name of any person not privy or consenting to the same, g 19; 16, defacing, altering, falsifying, or embezzling any record, enrolment, matter or instrument recorded, or registry thereof, with intent to defraud, 9 20 ; 17, intermarrying with any person, the former husband or wife being alive, 9 21 ; 18, manslaughter, 22; 19, of malice aforethought, unlawfully cutting or biting off the ear or ears, or cutting out or disabling the tongue, putting out an eye, slitting, cutting or biting off the nose or lip, or cutting off or disabling any limb or member of any person, with intent to maim, disable or disfigure in any manner before mentioned, or counselling, aiding or abetting in so doing, $ 23; 20, assaulting, by wilfully shooting at another, or with intent to commit murder, rape or robbery, § 24; 21, challenging or accepting a challenge to fight with sword, pistol, rapier, or other dangerous weapon, or willingly or knowingly carrying or deli. vering a written challenge, or verbally delivering any message purporting to be a challenge to fight such duel, or being second to either party, or command. ing, counselling, or advising, or procuring any person to fight such duel, g 25; 22, by force setting at liberty or rescuing any person indicted or found guilty of any capital crime, or committed for or convicted of any other offence, or rescuing any person convicted of any capital crime going to or during execution, 8 26; 23, knowingly or willingly obstructing, resisting, opposing or insulting any officer of the territory in serving or attempting to serve or execute any mesne process or warrant, or any rule or order of any of the courts of the territory, or any other legal or judicial writ or process whatsoever, or assault. ing, beating, wounding or insulting any officer, or other person duly authorized in serving or executing any writ, rule, order, process or warrant aforesaid, $27; 24, breaking or conspiring to break prison when lawfully confined, 28; 25, taking a reward under pretence of helping the owner to his stolen goods, § 28; 26, compounding felony, § 28; 27, falsely and maliciously conspiring to indict an innocent man of felony, and who shall be accordingly indicted and acquitted, § 28; 28, directly or indirectly giving, offering, or promising any bribe or other undue reward to obtain or procure the opinion, judgment or decree of any judge, justice of the peace, or other civil or judicial officer of the territory in any suit, controversy, or matter depending before him, and the accepting or receiving the same by any judge, justice of the peace, or other civil CHAPTER II.


II. Accessaries before the fact. III. Accessaries after the fact. IV. Accessaries after the fact in certain burglaries. V. Concealing or conveying away slave accused of any crime.

ART. II. Whoever shall be convicted as accessary before the fact to any crime or offence, shall suffer the same kind and extent of punishment according to the circumstances of the case, as might lawfully be inflicted upon the principal offender for such crime or offence.

Art. III. Whoever shall be convicted as accessary after

or judicial officer, g 29; 29, oppression or extortion by any judge, justice of the peace, sheriff, coroner, cunstable or other civil officer in the administration or under color of his office, 8 30 ; 30, making or knowingly assisting at any rout, riot or unlawful assembly, § 31 ; 31, wilfully and maliciously pulling down or destroying any levee or embankment on any of the rivers or navigable waters of the territory, § 31; 32, maliciously defaming any one by making, writing, publishing, or causing to be published, any manner of libel, 31 ; 33, assaulting and beating, wounding short of maiming, or falsely imprisoning any one, $ 32.

3 By § 47 of this act (4 May, 1805,) it is provided “ that nothing herein before contained shall be construed to extend to any slave or slaves.” The part of sect. 33 not inserted in the text will be found in the chapters on the Several modes of Prosecution, art. DVII, and on Trial and Conviction, art. DXIV.

1 § 8, act of 19 March, 1818, 1 D. 388. 2 9, ibid.

the fact to any crime or offence, shall suffer fine or imprisonment, or both, at the discretion of the court.3

Art. IV. If any person, after any burglary committed [by breaking 'and entering in the night time with intent to kill, rob, steal, commit a rape or to do or perpetrate any other felony, or having with such felonious intent entered by in the night time breaking, any dwelling-house, shop, store, courthouse, church, barn, rice, or sugar-house, cotton-gin, office, warehouse, or any out-house appertinent to a dwelling-house, plantation, or any ship or vessel, or by being present aiding assisting or consenting to such burglary, or by being accessary thereto before the fact by counselling, hiring or procuring such burglary to be committed,] shall knowingly harbor, conceal, maintain or assist any principal offender or accessary thereto, before the fact, every such accessary after the fact, who shall be thereof duly convicted, shall be punished by confinement to hard labor, not exceeding five years.

ART. V. In case the master, or other person having charge or government of any slave who shall be accused of any capital crime, shall conceal or convey away any such slave so that he cannot be brought to trial and condign pun

3 See 12, act of 19 March, 1818, 1 D. 389. Art. DXXXVII, which pro. vides that where " the punishment of fine and imprisonment are left by law at the discretion of any court, the fipe shall not exceed one thousand dollars, nor the imprisonment two years." Sections 6 and 7 of the act of 4 May, 1805, and so much of 12 of the same act as relates to the receiving, harboring or concealing any felon, 1 D. 362–4, and § 2 of the act of 7 June, 1806, 1 D. 377, are virtually repealed by sections 8 and 9 of the act of 19 March, 1818, in the text.

See Art. XIV. note 15, post.
4 $ 6, act of 20 March, 1818, 1 D. 390.
5 See $ 3, 4, 5, same act.

6 So much of this section as inflicted the punishment of solitary impri. sonment, was repealed by $ 4, act of 12 March, 1838, p. 109, art. DLI, abolishing “solitary confinement in the penitentiary, except in enforcing obedience to the regulations of the police thereof."

7 § 4, act of 6 March, 1819, 1 D. 398.

ishment, any master or other person so offending, shall forfeit the sum of two thousand dollars, if such slave be accused of a capital crime as aforesaid, but if such slave shall be accused of a crime not capital, then such master or other person

shall forfeit only the sum of one thousand dollars.

8 This act virtually repeals the 14th section of the act of 7 June, 1806, 1 D. 117.




VI. Treason against the state. VII.-IX. Creating discon

tent among free negroes, or exciting slaves to insubordination, fc. X.-XI. Counterfeiting current gold or silver coin, uttering the same, or possessing with intent to utter. XII. Making or knowingly possessing instruments for coining with intent to use the same, or permit them to be used. Misprison of felony-XIII. by concealing any murder, rape, arson, robbery, burglary or larceny; XIV. by neglecting to inform against, or to deliver up slaves guilty of plotting to revolt, or striking master, overseer, fc. Misprisions in certain officers—XV. in the governor as commander-in-chief of the militia; XVI. in officers required to give security; XVII. in the treasurer of the state; XVIII.-XIX. in members of police juries and parish judges; XX.-XXII. in the trustees and others connected with the administration of colleges, academies, parish and other schools ; XXIII.-XXIV. in the surveyorgeneral and parish surveyors. Offences against the election laws-XXVI. non-attendance of commissioner; XXVII. unfolding or prying into tickets, or offering more than one ; XXVIII.-XXIX. bribery; XXX. voting in more than one district in the same parish ; XXXI. intimidating or using threats or violence to influence an election, or threatening or interrupting officers thereof; XXXII. disorderly conduct thereat ; XXXIII. fraud

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