1802. be collected. couraging and promoting gambling: And whereas doubts have arisen concerning the true construction of divers parts of the said laws, and the mode of executing them; and the delays usually permitted in courts in ordinary cases, being often times the means by which the greatest offenders escape from justice, whereby practices greatly tending to the general corruption of the morals of youth and the ru in of private families, have of late greatly encreased in divers parts of this commonwealth, for remedy whereof, How fines shall 2. Be it enacted and declared by the General Assembly of this Commonwealth, That every fine, forfeiture and penalty imposed, declared, inflicted or incurred, or which may be imposed, declared inflicted or incurred, for the use of the commonwealth, under any act, or part or parts of any act heretofore made, or under this act, or any act which shall or may hereafter be made, for the prevention or discouragement of any kind of unlawful gaming, or for the suppression thereof, shall and may be recovered in any court of record in this commonwealth, upon presentment or indictment by a grand jury, or upon information filed by the attorney for the commonwealth, in any such court, or by action of debt, bill, plaint, or any other legal ways or means whatsoever; and in every such case,, no exception shall be admitted or sustained, for any defect or want of form in any presentment, indictment, information or other suit or action whatsoever, which may be brought or instituted on behalf of the commonwealth, or of any person or persons entitled to sue for the same, either on his own behalf, or on the behalf of such person and the commonwealth, but the court before whom any such presentment, indictment, information, suit or action, shall be brought, shall proceed to give judgment according to the very right of the case, any former law, custom or usage to the contrary notwithstanding. Preventing delays in prosecuting offenders. 3. And for the prevention of unnecessary delays, in the prosecution of offenders, Be it further enacted, That where any presentment or indictment authorised by this or any other act, shall be made by a grand jury, the court wherein the same shall be made, shall immediately order the proper process to bring the offender before them, returnable with all convenient expedition; which process may be directed to the sheriff or other officer, of any county or corporation within this commonwealth, where the offender or offenders may be found, and such sheriff or other officer to whom the same shall be directed, is hereby empowered and required to execute the same, and make return thereof to the court from which it issued; and if the defendant being duly summoned, shall fail to appear, and plead to such presentment or indictment immediately, the court shall forthwith proceed to give judgment against him in the same manner as if he had appeared and confessed the charge, or denying it, had been found guilty by the verdict of a jury, and may award execution against him accordingly; but if he shall appear, and plead not guilty to the presentment or indictment, the court shall without delay proceed to the trial, and render judgment according to the very right of the case as herein before directed; and where upon any rule to shew cause why an information should not be filed by the attorney for the commonwealth, the defendant shall fail to appear and shew cause, pursuant to the notice duly given him, or left at his usual place of abode, in every such case, if the information be thereafter filed, the court may on any day after the day of shewing cause, proceed to give judgment upon such information, in the same manner, as upon a pre 1802. sentment or indictment by a grand jury: Provided nevertheless, That 4. Whenever judgment shall be rendered against any offender by How offenders virtue of this act, if he be not present, the court may award a capias before the courts may be brought for the fine, and also to bring the body of the offender before the court, in order to be dealt with as the law directs, which capias, may be directed to the sheriff or other officer, of any county or corporation within this commonwealth, where the offender may be found, and such sheriff or other officer, to whom the same shall be directed, is hereby empowered and required, to execute the same, and make return thereof to the court from which it issued; and upon every such capias, the sheriff or other officer, shall take good and sufficient bail in a sum not exceeding five hundred dollars, nor less than two hundred dollars, for the appearance of the defendant, on the first day of the next court; and if he shall fail to take such bail, he shall forfeit a sum not exceeding five hundred dollars to the commonwealth; and if the defendant, being bailed, shall fail to appear accordingly, the bail bond shall be forfeited, and shail immediately be put in suit, and the clerk shall endorse upon the writ, that bail is required. fines 5. Every fine, penalty and forfeiture, which shall be imposed in Application of any superior court, for the use of the commonwealth, by virtue of this act, or any other act for preventing, discouraging or suppressing gaming, shall be applied to the building, repairing and supporting public jails, clerks' offices and courthouses, for the use of the district courts of this commonwealth, and shall be paid into the treasury for that purpose, by the sheriff or other officer collecting or receiving the same; and every fine, penalty and forfeiture, which shall be imposed in any county or corporation court, on behalf of the commonwealth, shall be one half for the use of the poor of the county or corporation, in which the judgment shall be rendered, and paid to the overseers of the poor; and the other half to the use of the county or corporation, and applied towards lessening the county levy, in such manner as the court of such county or corporation shall direct. 6. And for removing certain doubts which have arisen in the construction of some of the acts or parts of acts, made for preventing, discouraging and suppressing unlawful gaming, Be it further enacted and declared, That every house of entertainment, or public resort, within this commonwealth, whether the same be a licensed tavern or not, shall be deemed and taken to be a tavern, and the owner, master, keeper or occupier, of every such house, shall be deemed a tavern keeper, within the true intent and meaning of this act, and within the true intent and meaning of all and every act and parts of Taverns and tąs vern keepers fined 1802. and the leaser Beside therein. acts heretofore made, to prevent, discourage or suppress unlawful gaming, and within the true intent and meaning of the act, entituled "An act, for regulating ordinaries and restraint of tippling houses;" and the owner, master, keeper or occupier of any tavern, licensed or unlicensed, shall moreover be deemed to be the owner, master, Owners, &c. of, taverns deemed keeper and occupier, of every house, outhouse, booth, arbour, garowners of all ap. den and other place, within the curtilage of the principal house, tavern, purtenances un- messuage, or tenement, or in any wise appurtenant thereto, or at any less leased out, time held therewith; and every such house, outhouse, booth, arbour, garden and other place, shall be considered as a part of the tavern, unless the same shall have been bona fide leased to some other person by deed, indented and recorded previous to the time of any offence against any act for preventing unlawful gaming, or for regulating ordinaries and restraint of tippling houses, committed therein for a term not less than twelve months from the day of the date of such lease, and for a valuable consideration, bona fide paid, or secured to be paid; and unless the leaser and his family, shall bona fide dwell and board therein and not elsewhere; and if any such lease or pretended lease be made or recorded and the lessee shall not actually dwell and board himself and his family in the house or premises so demised, or pretended to be demised, or if the lessee shall directly or indirectly, board or diet himself elsewhere, every such lease or demise shall be taken to be fraudulent within this act, and both the lessor and lessee and his assigns, shall be liable to the lessee subject to same pains, penalties, fines, forfeitures and judgments, as if he or kne. they, or either of them were tavern keepers and occupiers of the premises so leased or demised; and judgment against the one, shall be no bar or impediment to a prosecution, judgment and recovery against the other for any offence committed within the same, contrary to the true intent and meaning of this act, or of any other act or acts, or part of any act or acts for preventing, discouraging, or suppressing unlawful gaming. In case of a fraudulent lease, both the lessor & Exhibitors of un- 7. And be it further enacted, That every keeper or exhibitor of lawful games to be fined and give any billiard table, or of any of the tables commonly called A B.C, or security for their E O tables, or farobank, or any other gaming table of the same or good behaviour like kind, under any denomination whatsoever, or whether the same be played with cards or dice, or in any other manner whatever; and every unlicensed tavern keeper who shall suffer any unlawful gaming upon any part of the premises in his or her occupation, shall, in addition to the penalties which he might or may be subject to, under any former law whatsoever, forfeit and pay one hundred dollars for every offence which he or they may be guilty of against the true intent and meaning of this act, or of any former act, for preventing or discouraging, or suppressing unlawful gaming, and shall be compelled to give security for his or her good behaviour, in the sum of five hundred dollars or more in the discretion of the court and if he shall thereafter be guilty of the sane or the like offence, it shall Second offence be deemed a forfeiture of his recognizance, and he shall be impripunished by im- soned without bail or mainprise until the sum in which he may be prisonment. therein bound, shall be paid, or until he shall be discharged under the several acts for the relief of insolvent debtors. Superior courts 8. And be it further enacted, That the superior courts of record to have power of shall have the same power of revoking the licenses of tavern keepers revoking licenin any case of delinquency in permitting unlawful gaming in their houses or taverns, as the county and corporation courts now possess. ses. 9. In every case that may arise under any law, for the preventing, discouraging or suppressing of gaming, the courts shall interpret them as remedial, and not as penal statutes. 1802. In all cases, courts to inter to be fined or im prisoned. 10. And whereas it has been represented to this General Assem- pret them as reby, that doorkeepers and guards have been employed to prevent, medial, & not as hinder or retard, and discourage magistrates and others acting under penal statutes. their authority, from entering houses and places where gamblers and Doorkeepers &c. other disorderly persons resort for the purpose of unlawful gaming; or to give notice of the approach of such magistrates, and others acting under their authority, to the persons so unlawfully assembled, Be it therefore enacted, That if any person or persons whatsoever, shall hereafter be convicted of any such offence, or of employing, hiring or procuring any person whatsoever to commit any such of fence, or of counselling, advising, aiding or abetting any person to commit any such offence, every person so offending, his or her aidtrs, abettors, advisers, counsellors and procurers, shall be fined at the discretion of the jury by whom he shall be convicted, not exceeding one thousand dollars, nor less than one hundred dollars, according to the degree of his offence, and his estate; or imprisoned not less than one nor more than six months. 11. All acts or parts of acts in any wise contrary to this act, shall Repealing be and the same are hereby repealed. clause. 12. This act shall commence and be in force, from the first day of Commencement, April next. CHAP. XVI. An Act to amend the laws heretofore made, amending the Penal Laws of this Commonwealth.* [Passed January 28, 1803.] by Murderes what or E it enacted by the General Assembly, That all murder which shall be perpetrated by means of poison, or by lying constitutes in wait, or by duress of imprisonment or confinement, or by first degree. starving, or by wilful, malicious and excessive whipping, beating or other cruel treatment or torture, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate any arson, rape, robbery or burglary, shall henceforth be deemed murder in the first degree. And all other kinds of murder, shall be deemed murder of the second degree, and the jury, as heretofore, shall ascertain in their verdict, whether it be murder in the first or second degree. the Second degree. 2. Whosoever shall voluntarily, maliciously and of purpose, bite Maiming, how off a nose, ear or lip, or bite off or disable any limb or member of an- punished. other, with intention in so doing to kill, maim or disfigure such person, every such offender, his or her aiders, abettors and counsellors, shall be sentenced to undergo a confinement in the jail and penitentiary house, for a time not less than two nor more than ten years; and shall also pay a fine not exceeding one thousand dollars, threefourths whereof shall be for the use of the party grieved. 3. Whosoever shall wilfully, maliciously and of purpose, stab or Stabbing and *See Revised Code, vol. 1, ch. 200, pa. 355-ch. 264, pa. 402-ch. 279, pa. 410eh. 284, pa. 413—also, post ch. 21-act of 1803, post ch. 41-act of 1804, post ck. 55 act of 1806, post ch. 111. shooting, how punished. 180?. shoot another with intention in so doing, to maim, disfigure, disable or kill, such other person, every such offender, his or her aiders, abettors and counsellors, shall be sentenced to undergo a confinement in the jail or penitentiary house, for any time.not less than two, nor more than ten years; and shall moreover, pay a fine not exceeding one thousand dollars, three-fourths whereof shall be for the use of the party grieved. 4. And be it further enacted, That any party grieved under this Party grieved a lawful witness. act, or under the act passed the fifteenth of December, one thousand seven hundred and ninety six, entituled, "An act, to amend the penal laws of this commonwealth," shall be considered as a competent witness to prove any offence committed against either of the said acts, or any part thereof. High treason punished by death. Slaves not affected. Repealing clause. Commencement, How the fees of sheriffs, &c. in the hands of she rifls & sergeants may be collected Statements to be ons returned. 5. And be it further enacted, That any person who shall be guilty of the crime of high treason, his or her aiders, abettors and counsellors, shall, on conviction thereof, be adjudged a felon, and suffer death by hanging by the neck. 6. This act shall not extend to any case of a slave accused or convicted of any of the offences herein mentioned. 7. All acts and parts of acts coming within the purview of this act, shall be and the same are hereby repealed. 8. This act shall commence and be in force from and after the first day of April next. CHAP. XVII. An Act to amend the Laws concerning Sheriffs and other Officers.* [Passed January 28, 1803.] E it enacted by the General Assembly, That if any sheriff or ser Bgeant, account pay sheriffs, sergeants or coroners fees, put into his hands for collection, after the deduction of six per centum for collecting, together with an allowance of what is charged to persons not dwelling or hav ing no visible estate in his county or corporation, on or before the last day of May in every year, it shall and may be lawful for the sheriffs, sergeants and coroners, their executors or administrators, in the district court, or in the court of the county of such sheriff, or in the court of the corporation of such sergeant, to demand judgment against such sheriff or sergeant, his executors or administrators, for all fees wherewith he shall be chargeable, and such court is hereby authorised and required to give judgment accordingly, and to award execution thereupon; Provided, the sheriff or sergeant, his executors or administrators have ten days previous notice of such moti on. 2. Be it enacted, That all sheriffs, coroners, sergeants of corporamade on executi- tions and constables, shall, respectively, in returning all executions by them levied or settled, and the monies thereon received, or any part thereof, make a statement on every such execution of the amount thereof, including their own fees and commissions, and return the same with the execution to the office from whence it issu ed. *See Revised Code, vol. 1, ch. 80, pa. 120, as to the appointment and duties of sheriffs. By act of 1803, post ch. 43, securities of sheriffs subjected to motions is certain cases. See also, post ch. 97. |