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no appeal was admitted from the judgment of an assistant, or justice of the peace, unless the demand exceeded twenty shillings, or where the action was on a bond or note, and the demand did not exceed forty shillings; and that no appeal from, or review in, the county court, should be allowed, where the suit was brought on bonds, bills, or notes, for money or bills of credit only, vouched by two witnesses; and that no appeal should be allowed from the county court, where the title of land was not concerned, and the demand did not exceed ten pounds; and, in 1761, the right of review, in all civil actions, was taken away, and the power of granting new trials, was given in lieu thereof. In the revision of 1784, the right of appeal from the county court, was taken away, unless the matter in demand exceeded twenty pounds; which has been since altered to seventy dollars. Though the legislature constituted a judicial department, yet they retained imortant judicial power in their hands. §. of error, in all questions of law, would lie from the superior court to the general assembly; and they retained the exclusive jurisdiction, in all matters of equity. Many petitions of a private, and adversary nature, were brought before them; the two houses assembled together for the purpose of a joint hearing of the causes; and the principal part of the session was consumed in the proper business of the judiciary. But so great was the increase of applications, that in 1773, the legislature delegated to the courts of law, instead of creating a new tribunal, a considerable portion of their equity jurisdiction; and, in process of time, divested themselves of all chancery power. So manifest was the impropriety of permitting the most numerous branch of the legislature to compose a part of the court of dernier resort, in questions of law, that, in 1784, the lieutenant-governor, and the council, were constituted to be the supreme court for the correction of errors; to which tribunal the governor was added, in 1793. Such was the accumulation of business in the superior court, that, in 1801, it became necessary to increase the number of judges to six ; to divide the state into two circuits; in the winter, to be holden by three judges, while the whole number composed the summer circuit, with a special view to decide questions of law. In 1806, another important alteration took place. It was thought, that the mem

bers of the legislative council, not elected with a view to their qualifications as judges, and many of whom were judges of the county courts, were not a proper tribunal to revise the decisions of the superior court, and be the ultimate arbiters of questions of law ; and it was found, so great was the accumulation of business, that the new organization of the superior court did not enable it to try all the causes that came before it, within such reasonable time as the public interest required. Accordingly, the number of judges was increased to nine ; the state was divided into three circuits, in which the courts were to be holden by three judges; and the whole number constituted a supreme court of errors, to be holden at Hartford and New-Haven. Though the legislature, from time to time, had stripped themselves of their judicial power, by delegating it to other tribunals; yet they did not wholly refrain from interposing in causes of an adversary nature. An opinion seems to have been entertained, that, as they were not limited in their power, like a judicial tribunal, they could, acting, on more elevated and extended principles, do more complete justice, than could be obtained in a court of law, or even in a court of equity. Of course, applications of a private nature, between party and party, were sometimes sustained, and decrees passed in favor of the applicants, not only where no court had a right to interpose, but against the established rules of law. Experience demonstrated, that nothing could be more improper or dangerous, than the exercise of such an arbitrary discretion, by the legislature. Accordingly, the constitution has now, in conformity to correct principles, divided the powers of government into three distinct departments, and confided each of them to a separate magistracy: of course, the legislature cannot interpose in matters of a private nature, between parties, without infringing that instrument. The independence of the judiciary, so essential to a pure administration of justice, has been provided for, by the constitution; and the judges are not now dependent on an annual appointment. The number has been reduced, by law, from nine to five, who constitute the supreme court of errors; and a single judge, at the circuits, is vested with all the power formerly given to the five judges.

TITLE 22. Crimes and Punishments.

An Act concerning Crimes and Punishments.

Bo it enacted by the Senate and House of RepSECT. 1. resentatives, in General Assembly convened, That the offences hereinafter mentioned, shall be punished as follows: Every person who shall commit treason against this state, by levying war against the same, or by adhering to the enemies thereof, giving them aid and comfort, and be thereof duly convicted, shall suffer death. sect. 2. Every person who shall endeavor to join the enemies of this state, or use his or her influence to persuade or induce any person or persons to join, aid, or comfort them, in any way or manner whatsoever, or shall have knowledge of any person or persons, endeavoring, or using their influence aforesaid, and shall conceal the same, being thereof duly convicted, shall be punished by a fine not exceeding one thousand dollars, and by imprisonment, in new-gate prison, for a term not exceeding seven years. sect. 3. And be it further enacted, That every person who shall commit murder, and be thereof duly convicted, shall suffer death. sect. 4. Every person who shall commit manslaughter, and be thereof duly convicted, shall forfeit and pay a fine not exceeding five hundred dollars, and suffer imprisonment in a common gaol, or in new-gate prison, at the discretion of the court having cognizance of the offence, for a term not exceeding three years, nor less than six months. sect. 5. Every person who shall commit perjury, with an intention thereby to take away the life of any person, and be thereof duly convicted, shall suffer death. sect. 6. Foy person wilo shall commitarson, and shall thereby cause the death, or endanger the life, of any persoil, and shall be thereofduly convicted, shall suffer death. sect. 7. Every person who shall wilfully burn any building, other than a dwelling-house, or an out-house parcel thereof, or any vessel, and shall thereby cause the death of any person, being thereof duly convicted, shall suffer death. sect. 8. Every person who shall, of malice aforethought, and by lying in wait, cut out or disable the tongue of another, or put out the eye or eyes of another, so i. the person is thereby made blind, or cut off all or any of the privy members of another, and shall be thereof duly couvicted, shall suffer death.

Crimes against the soveneignty or THE STATE.

Treason.

Misprision of treason.

Crimes against the Liv Es ANB persons of INDIVIDUALS. Murder.

Manslaughter.

Perjury, with intent to take away life.

Arson, thereby causing death.

Burning any building, thereby causing death.

Cutting out tongue, &c.

Putting o
eye, &c. with
intent to disfig-
ture.

Rape.

Abuse of female child.

Intent to commit a rape.

Intent to kill or rob.

Administering poison with intent to murder, or cause miscarriage.

Secret delivery of a bastard child.

sect. 9. Every person who shall, of malice aforethought, put out an eye, slit the nose, cut or bite off the nose, ear or lip, or cut, or bite off, or disable any limb or member of another person, with an intention in so doing to maim or disfigure such person, and shall be thereof duly convicted, shall suffer imprisonment, in newgate prison, during his natural life, or for such other term as the court having cognizance of the offence shall determine. sect. 10. Every person who shall commit the crime of rape, and be thereof duly convicted, shall suffer death. sect. 11. Every person who shall carnally know and abuse any female child, under the age of ten years, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his natural life, or for such other term as the court having cognizance of the offence shall determine. sect. 12. Every person who shall, with actual violence, an assault make on the body of any female, with an intention to commit a rape, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his natural life, or for such other term as the court having cognizance of the offence shall determine. sect. 13. Every person who shall, with actual violence, an assault make on another person, with an intention him or her to kill or rob, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his natural life, or for such other term as the court having cognizance of the offence shall determine. sect. 14. Every person who shall, wilfully and maliciously, administer to, or cause to be administered to, or taken by, any person or persons, any deadly poison, or other noxious and destructive substance, with an intention him, her or them, thereby to murder, or thereby to cause or procure the miscarriage of any woman, then being quick with child, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his natural life, or for such other term as the court having cognizance of the offence shall determine. sect. 15. If any woman shall conceal her pregnancy, and shall willingly be delivered in secret, by herself, of any issue of her body, male or female, which shall by law be a bastard; every such woman, so offending, being thereof duly convicted, before the superior or county court, shall pay a fine not exceeding the sum of one hundred and fifty dollars, or be imprisoned not exceeding three months, at the discretion of the court having cognizance of the offence.

sect. 16. If any woman shall endeavour privately, either by herself, or the procurement of others, to conceal the death of any such issue of her body, which, if it were born alive, would by law be a bastard, so that it may not come to light whether it were born alive or not, or whether it were murdered or not; every such woman, so offending, being thereof duly convicted, before the superior or county court,shall be set on a gallows, with a rope about her neck, for the space of one hour; and be further punished, by being bound to her good behavior, and imprisoned for a term not exceeding one year, at the discretion of the court having cognizance of the offence.(1)

sect. 17. Every person who shall kidnap, or forcibly or fraudulently carry off, or decoy out of this state, any free person, or person entitled to freedom, or shall arrest and imprison any free person, or person entitled to freedom, knowing such person to be free or entitled to freedom, with an intention to have such person carried out of this state, and shall be thereof duly convicted, before the superior or county court, shall forfeit and pay the sum of four hundred dollars, one half to him or them who shall sue for and prosecute the same to effect, and the other half to the use of this state. Provided, that nothing in this section, shall operate to prevent persons coming into this state, for the purpose of temporary residence, or passing through the same, from carrying with them their servants, nor to prevent persons moving out of the state for the purpose of residence, from carrying and transporting with them such servants as belong to them, or to prevent persons living within this state, from directing their servants out of the state about their ordinary and necessary business.

sect. 18. And be it further enacted, That every person who shall wilfully, and maliciously, burn or destroy, or attempt, or conspire, to burn or destroy any magazine of provisions, or of military, or of naval stores, belonging to this state, or subject to the jurisdiction thereof, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his natural life, or for such other term as the court having cognizance of the offence shall determine.

Concealment of death of bastard child.

Kidnaping.

Proviso.

Crimes against public PRoPERty.

Destroying magazine, &c.

(1) In the revision in 1702, there is a statute copied from a statute in England, 21 Jac. 1 ch. 27. declaring, That the concealing the death of a bastard child, should be evidence of murder, by the mother, unless she could prove it to be born dead. Though courts had always required some

evidence, that the bastard child was born alive to convict the mother; yet as there was a possibility, that, in some cases, an innocent woman might be convicted, under such a law, the present provision was introduced in 1808.

Burning statebouse, &c.

sect. 19. Every person who shall wilfully and maliciously burn, or attempt, or conspire to burn, any statehouse, court-house, county-house, town-house, arsenal, magazine, prison, gaol, work-house, poor-house, marketor other building belonging to this state, or to any county, town, city or borough in this state; or any church, chapel, meeting-house, or other building used for religious wor

ship; or any college, academy, school-house, or other

Forging public securities, &c.

Crimes against PRIVATE PRoPERTY.

Robbery.
Burglary.

Robbery or burglary, with personal abuse.

Breaking store, &c. with intent to commit theft.

building used for literary instruction; and shall be there-
of duly convicted, shall suffer imprisonment, in new-gate
prison, for a term not exceeding seven years.
sect. 20. If any person shall falsely make, forge, or
counterfeit, or cause to be falsely made, forged or coun-
terfeited, any warrant, order, certificate, or other public
security, whereby money may be drawn from the treasu-
ry of this state, or from the treasury of any county, town,
city, borough, or ecclesiastical, or school society, in this
state; or shall alter any such warrant, order, certificate,
or public security, so that the same shall appear to be
of greater value; or shall alter, pass, or give in payment,
or offer to pass, or give in payment, any such forged,
counterfeited, or altered warrant, order, certificate, or
public security, knowing it to be such ; with an inten-
tion to defraud this state, or any body politic or corpo-
rate, or any person or persons; every such person, so
offending, being thereof duly convicted, shall suffer im-
prisonment, in new-gate prison, for a term not exceeding
three years. -
sect. 21. And be it further enacted, That every per-
son, who shall commit robbery, and shall be thereof duly
convicted, shall suffer imprisonment, in new-gate prison,
for a term not exceeding seven years.
sect. 22. Every person who shall commit burglary,
and shall be thereof duly convicted, shall suffer imprison-
ment in new-gate prison, for a term not exceeding three
years.
sect. 23. Every person who shall commit robbery or
burglary, and shall, in the perpetration thereof, be guilty of
any personal abuse, force or violence, or shall be so armed
with any dangerous armour or weapon, as clearly to in-
dicate violent intentions, and shall be thereof duly con-
victed, shall suffer imprisonment, in new-gate prison, du-
ring his natural life, or for such other term, not less than
seven years, as the court having cognizance of the offence
shall determine.
sect. 24. Every person who shall, in the night season,
break and enter the store, shop, ware-house, or out-house
of another, whether parcel of any mansion-house or not,
wherein goods, wares or merchandize are deposited, with

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