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for his family, then consent must be had of the mother; or if the mother is dead or disqualified, then of the guardian.
4. Destitute, or poor children, may be bound out by the trustees of townships. Females bound for four years or more, must be taught to read and write, and the first four rules of arithmetic; males bound for five years, must be taught the same, and arithmetic to the single rule of three. Masters are required to get the indentures recorded in the office of the township clerk, within three months.
5. When an apprentice becomes immoral or disobedient, the master may complain to a justice of the township, and have an investigation before a jury, and the indenture may be annulled. A master is liable to pay for necessaries for his apprentice, and for medical attendance ; but he is not so liable in the case of hired servants.
6. There is, in this state, no statute law defining the rights and obligations of hired servants and the persons employing them. Both are obliged to fulfil their agreement. If a hired servant leaves the service of his employer, without good cause, before he has worked out the time for which he was hired, he cannot recover his wages. And for immoral conduct, wilful disobedience, or habitual neglect, he may be dismissed. On the other hand, ill usage, or any failure on the part of the employer to fulfil his engagement, releases the laborer from his service.
7. How far a master is answerable for the acts of his hired servant, is not clear. As a general rule, however, the master is bound by contracts made, and liable for inju. ries done, by a servant actually engaged in the business of his master, whether the injury proceeds from negligence or from want of skill. But for an injury done by a wilful act of the servant, it is considered that the master is not liable.
8. If the servant employs another to do his business, the
themselves as apprentices? By whose consent ? 4. By whom may poor children be bound ? In such case, how must they be taught ? 5. What if an apprentice becomes immoral or disobedient? For what is a master liable? 6. What if a hired servant does not serve out his time? For what cause may he be dismissed ? For what may he leave? 7 In what cases are masters liable for acts of servants ? 8. In what cases here mentioned is a servant liable ?
master is liable for the injury done by the person so employed. But a servant is accountable to his master for a breach of trust, or for negligence in business, or for injuring another person in his master's business.
Of Crimes and Misdemeanors. 1. To protect the persons and property of the citizens, there must, in every state, be laws against crime : and these laws ought to define the several crimes, that persons may know what they are ; and to declare the measure of pun. ishment to be inflicted upon offenders. There is, in the state of Ohio, but one crime which is by the laws declared to be punishable by death : this is murder in the first de. gree.
2. In some states, treason also, and a few other crimes, are declared to be capital offences. Our laws do not pro. vide for the punishment of treason. As this crime is defined and made punishable by the laws of the United States, the offence, if committed in this state, must be tried in a court of the United States. Crimes are called capital offences, and their punishment is called capital punishment, because the punishment is the highest that can be inflicted ; and perhaps also because the word capital is derived from the Latin caput, which means head; punishment by death being formerly in eastern countries generally, and perhaps still in sorme, inflicted by beheading the offender.
3. Murder in the first degree is the killing of a per. son either deliberately and maliciously, and with intent 10 effect death ; or in maliciously committing a crime, though not with a design to effect death. A person convicted of the crime of murder in the first degree, shall suffer death. Murder in the second degree is the killing of a person purposely and maliciously, but without previous deliberation; for which a person is to be imprisoned in the penitentiary, and kept at hard labor during life.
1. What crime is punishable by death? 2. What is said of treason ? Why are crimes called capital? 3. What is murder in the first degree?
4. Manslaughter is killing a person without malice, either upon a sudden quarrel, or unintentionally while committing some unlawful act. The punishment is imprisonment in the penitentiary, not exceeding ten years, nor less than one year. The reason why the same measure of punishment is not al. ways inflicted for the same offence, is, that it is not always committed under circumstances equally aggravating.
5. Arson is the wilfully and maliciously burning of any dwelling. house, shop, barn, or any other building, the property of another, or any bridge across any of the waters of this state, of the value of fifty dollars. Penalty, imprison ment not exceeding twenty years, nor less than one year, according to the aggravation of the offence. Attempting to commit arson, is firing a building with intent to destroy it, and is a misdemeanor. Imprisonment from one to seven years.
6. Homicide signifies mankilling. It is of three kinda, felonious, justifiable, and excusable. When felonious, it is either murder or manslaughter. Justifiable homicide is that which is committed in the necessary defence of one's person, house, or goods, or of the person of another, when in danger of injury; or that which is committed in lawfully attempting to take a person for felony
committed, or to suppress a riot, or to keep the peace. Excusable homicide is the killing of a person by accident, or while lawfully employed, without any design to do wrong. In the two last cases there is no punishment.
7. Burglary is maliciously and forcibly breaking into and entering in the night-time, any dwelling house, or other building, with intent to commit a crime. Imprisonment from three to ten years.
8. Robbery is taking money or personal property from another by force, or by putting him in fear, with in. tent to rob or steal. Imprisonment from three to fifteen years. What in the second degree? How punished? 5. What is arson ? How punished ? Attempt to commit, how punishod? 6. Define the different kinds of homicide. 7. What is burglary? The penalty ? .8 9. Forgery consists in falsely making, counterfeiting, or altering, any instrument of writing, with intent to defraud. The word counterfeiting is generally applied to making false coins or bank notes, or in passing them; or in having in possession any engraved plate, or bills unsigned, which are intended to be used for these purposes. Imprisonment for forgery, from one year to twenty years; for counterfeiting, not exceeding fifteen years.
10. Larceny is theft, or stealing. If the value of the property stolen is thirty-five dollars or more, it is called grand larceny, and is punishable by imprisonment not less than one year, nor exceeding seven yenrs. Stealing less than thirty-five dollars is called petit larceny. A person guilty of this offence, or who shall maliciously destroy any bank bill, promissory note, or other obligation or receipt for money, the property of another, shall be liable to make restitution to the party injured, double the value of the property stolen or destroyed; and in addition, to be fined not exceeding $200, or imprisoned in the county-jail, and kept on bread and water only, not exceeding thirty days.
11. Perjury is wilfully swearing falsely to any material matter, upon an oath administered according to law. Im. prisonment not exceeding ten years, nor less than three. Subornation of perjury is procuring another to swear falsely. Punishable as perjury.
12. Bigamy is the crime of having two or more wives; and is also called polygamy. But bigamy literally signifies having two wives, and polygamy any number more than one. These words, in law, are applied also to women having two or more husbands. A person having a husband or wife living, and marrying another person, is guilty of bigamy. Imprisonment not exceeding seven years, nor less than one year. If a wife or husband has been wilfully absent for five years, and has not been heard from, and the other mar. ries again, it is no crime.
What is robbing? Penalty ? 9. Forgery? and counterfeiting? Penalty? 10. Larceny? Grand and petit larceny? Penalty? 11. Per. jury? Penalty? Subornation of perjury? 12. Bigamy and polygamy!
13. Incest is the marrying or cohabiting together as hus. band and wife, of persons related more nearly than the de. grees fixed by law. [See Marriage.] Imprisonment as for ordinary crimes.
14. Aiding a convict to escape from the penitentiary, may be punished by imprisonment for a term not longer than that for which the convict was originally sentenced. Aiding or abetting others in committing an offence, is usually punished as for actually committing it.
15. Knowingly buying or receiving stolen goods of the value of thirty-five dollars to defraud the owner, or harbor. ing or concealing the thief or robber, is an offence, and is punishable as stealing and robbing.
16. Duelling is a combat between two persons with deadly weapons. Any person challenging or accepting a challenge to fight a duel, or advising or encouraging another to fight, whether the duel be fought or not, shall be deemed guilty of a misdemeanor. Punishable by imprisonment not less than one year, nor exceeding ten years; and the offender may never thereafter hold an office under the government of the state. If death shall ensue from the duel, the persons concerned in it shall be deemed guilty of murder, and be punished for murder in the first or second degree.
17. Intentionally maiming another by cutting out or disabling the tongue, or any other member or limb; inveigling or kidnapping; committing or attempting an assault, with intent to kill, or to commit any other felony, or in resisting the execution of a legal process; administering poison with out producing death; poisoning any well or spring of water; are all misdemeanors, and punishable as such.
18. Any person sentenced to be punished for either of the crimes and misdemeanors defined in this chapter, except manslaughter and duelling, shall be incompetent thereafter for an elector, a juror, a witness, or to hold an office, unless
Penalty? 13. Incest ? Penalty? 14. Aiding escapes, and in committing crime, what penalty? 15. Buying or receiving stolen goods, what penalty? 16. What is duelling? How punished ? 17. What misdemeanors are mentioned in this section ? 18. What disqualifications do the foregoing crimes produce ?