against her will, or shall unlawfully and carnally know and abuse any female child under the age of ten years, he shall be punished by imprisonment in the State prison for life, or for any term of years; and such carnal knowledge shall be deemed complete upon proof of penetration only. tent to commit 2 Pick., 380. (5731.) SEC. 21. If any person shall assault any female with Assault with inintent to commit the crime of rape, he shall be deemed a rape. felonious assaulter, and shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dollars. ing a woman and to marry, etc. (5732.) SEC. 22. If any person shall take any woman Unlawfully takunlawfully and against her will, and by force, menace or duress, compelling her compel her to marry him or any other person, or to be defiled, he shall be punished by imprisonment in the State prison for life, or any term of years. with intent to marry, etc. (5733.) Sec. 23. If any person shall take any woman unlaw- Taking a woman fully and against her will, with intent to compel her by force, compel her to menace or duress, to marry him or any other person, or to be defiled, he shall be punished by imprisonment in the State prison not more than ten years. male under six for purpose of (5734.) SEC. 24. Every person who shall take or entice Enticing any fe away any female under the age of sixteen years, from her teen years of age father, mother, guardian, or other person having the legal marriage, etc. charge of her person, without their consent, either for the purpose of prostitution, concubinage, or marriage, shall be punished by imprisonment in the State prison not exceeding three years, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars. Mass. R. S., Ch. (5735.) SEc. 25. Every person who, willfully and without Kipnapping, etc. lawful authority, shall forcibly or secretly confine or imprison 125, Sec. 20. any other person within this State, against his will, or shall forcibly carry or send such person out of this State, or shall forcibly seize and confine, or shall inveigle or kidnap any other person with intent either to cause such person to be secretly confined or imprisoned in this State against his will, or to cause such person to be sent out of the State against his will, or to be sold as a slave, or in any way held to serve against his will; and every person who shall sell, or in any manner. transfer for any term, the service or labor of any negro, mulatto, or other person of color, who shall have been unlawfully seized, taken, inveigled or kidnapped from this State to any other State, place or country, shall be punished by imprison Where offence ay be tried. wells, etc. ment in the State prison not more than ten years, or by fine not exceeding one thousand dollars. (5736.) SEC. 26. Every offence mentioned in the preceding section may be tried either in the county in which the same. may have been committed, or in any county in or through which the person so seized, taken, inveigled, kidnapped or sold, or whose services shall be sold or transferred, shall have been taken, confined, held, carried or brought, and upon the trial of any such offence, the consent thereto of the person so taken, inveigled, kidnapped or confined, shall not be a defence, unless it shall be made satisfactorily to appear to the jury, that such consent was not obtained by fraud, nor extorted by duress or by threats. Poisoning food, (5737.) SEC. 27. If any person shall mingle any poison with any food, drink or medicines, with intent to kill or injure any other person, or shall willfully poison any spring, well or reservoir of water, with such intent, he shall be punished by imprisonment in the State prison for life, or any term of fore mentioned years. Assaults not be. (5738.) SEC. 28. If any person shall assault another, with with intent to intent to commit any burglary, or any other felony, the pun commit felony.] ishment of which assault is not hereinbefore prescribed, he Other assaults, etc. child under age with intent to detain, etc. shall be punished by imprisonment in the State prison not more than five years; or by fine not exceeding five hundred dollars, and imprisonment in the county jail not exceeding two years. (5739.) SEC. 29. Whoever shall be convicted, upon an indictment, of an assault, or an assault and battery, where no other punishment is prescribed, shall be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding two hundred dollars, or both such fine and imprisonment, in the discretion of the Court. Enticing away (5740.) SEC. 30. Every person who shall maliciously, forcibly twelve years of or fradulently lead, take or carry away, or decoy or entice away any child under the age of twelve years, with intent to detain or conceal such child from its parent, guardian or other person having the lawful charge of such child, shall be punished by imprisonment in the State prison not more than ten years, or by imprisonment in the county jail not more than one year, or by fine not exceeding one thousand dollars. Exposing child with intent to abandon. (5741.) SEC. 31. If the father or mother of any child under the age of six years, or any other person to whom any such child shall have been confided, shall expose such child in any street, field, house, or other place with intent wholly to abandon it, he or she shall be punished by imprisonment in the State prison not more than ten years. born child. (5742.) Sec. 32. The willful killing of an unborn quick child Willfulling un by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, shall be deemed manslaughter. stroy unborn (5743.) SEC. 33. Every person who shall administer to any Attempt to dewoman pregnant with a quick child, any medicine, drug or child substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter. cure miscarriage man (5744.) SEC. 34. Every person who shall willfully administer Attempt to proto any pregnant woman any medicine, drug, substance or thing of pregnant wo whatever, or shall employ any instrument or other means 2 Ohio, S.R, 31 whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, or shall have been advised by two physicians to be necessary for that purpose, shall, upon conviction, be punished by imprisonment in a county jail not more than one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. SECTION 5755. Burglary, not being armed, nor making an 5756. Breaking and entering an office, etc., in 5757. Entering in night time without breaking, 5758. Entering without putting in fear. 5760. Stealing at a fire. 5761. Stealing from the person. 5762. Simple larceny. 5763. Second conviction; Conviction of three 5764. Buying, etc., stolen goods. 5767. Receiver may be tried before conviction 5768. Officer to secure and hold stolen property. 5772. Officer or agent of State refusing to deliver etc. 5774. Attorneys, etc., refusing to pay over money 5775. Bankers issuing bills, etc., without pre vious compliance with requisitions of Law. 5778. Embezzlement by carriers and others. SECTION 5779. Making fraudulent Warehouse receipts, etc. 5780. Fraudulent disposition of property by agents, etc. 5781. Fraudulent appropriation of money by warehousemen, etc. 5782. Falsely personating another. 5783. Obtaining property by false pretences of tokens. 5784. Gross frauds and cheats at Common Law 6785. Willfully destroying vessels, etc. 5787. Making false invoice of cargo. 5788. Making or procuring false protest. 5789. Maliciously killing, maiming, disfiguring or poisoning beasts. 5790. Malicious injury to dams, reservoirs, canals, etc. 5791. Malicious injury to bridges, turnpike gates, etc. 5792. Maliciously injuring house or other buildirg, etc. 5793. Maliciously or wantonly injuring fruit trees, fences, etc. 5794. Maliciously injuring monuments, extin guishing lamps, etc. 5795. Willful trespass by cutting or destroying wood, timber, grain, etc. 5796. Willful trespass by entering gardens, orchards, etc. 5797. Theft in another State; How punished. 5799. Aiders and abettors, how punished. 5801. Wrongful taking of fruit trees, etc., how Barning dwelling Burning a dwel ling in the day time. Chapter One Hundred and Fifty Four of Revised Statutes of 1846. (5745.) SECTION 1. Every person who shall willfully and maliciously burn, in the night time, the dwelling house of another, or shall, in the night time, willfully and maliciously set fire to any other building owned by himself or another, by the burning whereof such dwelling house shall be burnt in the night time, shall be punished by imprisonment in the State prison for life; but if it shall appear on the trial, and the jury shall find, that at time of committing the offence there was no person lawfully in the dwelling house so burned, the punishment, instead of imprisonment for life, may be imprisonment in the State prison for any term of years. (5746.) SEC. 2. Every person who shall willfully and maliciously burn, in the day time, the dwelling house of another, or any building adjoining such dwelling house, or shall willfully and maliciously set fire to any building owned by himself or another, by the burning whereof such dwelling house shall be burnt in the day time, or shall, in the day time, willfully and maliciously set fire to any building owned by himself or another, by the burning whereof such dwelling house shall be burnt in the night time, shall be punished by imprisonment in the State prison for life, or for any term of years. night a Meeting 2 Mich. Rep., 250. (5747.) SEC. 3. Every person who shall willfully and mali- Barning in the ciously burn in the night time, any meeting house, church, House, etc. court house, college, academy, jail, railroad depot, or other building erected for public use; or any banking house, ware. house, stɔre, manufactory, or mill of another, being with the property therein contained, of the value of one thousand dol lars; or any barn, stable, shop or office of another, within the curtilage of any dwelling house; or any other building by the burning whereof any building mentioned in this section shall be burnt in the night time, shall be punished by imprisonment in the State prison for any term of years. (5748.) SEC. 4. Every person who shall willfully and mali-Burning the same ciously burn, in the day time, any building mentioned in the preceding section, the punishment for which, if burnt in the night time, would be imprisonment in the State prison for any term of years, shall be punished by imprisonment in the State prison not more than ten years. in the day time. buildings, etc., in time. (5749.) SEC. 5. Every person who shall willfully and mali-Burning certain ciously burn, either in the night time or in the day time, any night or day banking house, warehouse, store, manufactory, mill, barn, 1 Gray, 493. stable, shop, office, outhouse, or other building whatsoever of another, other than is mentioned in the third section of this chapter, or any bridge, lock, dam or flume, or any ship, boat, or vessel of another, lying within the body of any county, shall be punished by imprisonment in the State prison not more than ten years. intent to cause burnt. (5750.) SEC. 6. Every person who shall set fire to any build-Setting fire with ing mentioned in the preceding sections, or to any other building to be material, with intent to cause any such building to be burnt, or shall by any other means attempt to cause any building to be burnt, shall be punished by imprisonment in the State prison not more than fifteen years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year. |