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18O2. couraging and promoting gambling: And whereas doubts have ari

*—- sen concerning the true construction of Čivers 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 oftenders escape from justice, whereby practices greaty tending to the goneral corruption of the morals of youth and the ruiin of private families, have of late greatly encreased in divers parts of this commonwealth, for remedy whereof, .

for fines shall 2. Be it enacted and declared by the General Assem. Fly of this Corthe collected, monwealth, 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, shal, 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, bils, plaint, or any other icgai ways or means whatsoever; and in every such case, wo exception shall be admitted or sustained, for any defect or want of forms 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 ease, any former law, custom or usage to the contrary notwithstanding.

For*... 3. And for the prevention of unnecessary delays, in the prosecu

ingottenders. *tion of offenders, Be it further enacted, That wilere 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 inmediately order the proper process to bring the offender before the ro, 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 eourt 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

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sentment or indictment by a grand jury: Provided nevertheless, That 18O2. if the offender against whom any judgment may be rendered, for Swant of his appearing to answer the presentment or indictment, or to ***. shew cause against the filing the information, shall at any time during the same term, appear, and surrender himself in custody, crgive bail, being ruled so to do by the court, for his appearance when required, and plead not guilty to the presentment, indictment or information, it shall be lawful for the court in every such case, to set aside the judgment against him, and thereupon the court shall without delay, proceed to the trial in the same manner as if he had appeared and pleaded thereto in the first instance, and shal! render judgment thereupon according to the very right of the case, without regaid to any exception that may be alledged against it.

4. Whenever judgment shall be rendered against any offender by Row, offenders virtue of this act, is he be not present, the court may award a capios J.o: 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 overy zuch capias, the sheriff or other cfficer, 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 sorfeit 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 shall immediately be put in suit, and the clerk shall endorse upon the writ, that bail is required.

5. Every fine, penalty and forfeiture, which shall be imposed in Aprlisation w? any superior court, for the use of the commonwealth, by virtue of i.i.es this act, or any other act for preventing, discouraging or suppressing gaming, Shail be applied to the building, repairing and supporting public jail, clerks’ cffices and ccurthouses, for the use of the districtcourts of this commonwealth, and shall be paid into the treasury for tiot purpose, by the sheriff or other officer collecting or receiving the same ; and every fine, penalty and forfeiture, which shall be in:posed 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 cr corporation shall direct.

6. And for removing certain doubts which have arisen in the con- Taverns and ta

struction of some of the acts or parts of acts, made for preventing, ...*P* 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 tavernor 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

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18O2. acts heretofore made, to prevent, discourage or suppress unlawful *-* gaming, and within the true intent and meaning of the act, entitulcd. “An act, for regulating ordinaries and restraint of tipping houses;” and the owner, master, keeper or occupier of any tavern, licensed or unlicensed, shall moreover be deemed to be t r tei" ers, &c. of * O he owner, master,

...”aj keeper and occupier, of every house, outhouse, booth, arbour, garowners of all ap. demand other place, within the curtilage of the principal house, tavern, E". ... message, or tenement, or in any wise appurtenant thereto, or at any . ...” time held therewith ; and every such house, outhouse, booth, aroside therein bour, garden and other place, shall be considered as a part of the tavern, unless the same shall have been boma fide leased to soins 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 *:::: s * such lease or demise shall be taken to be fraudulent within this act, jors. 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

they, or either of them were tavern keepers and occupiers of the

remises so leased or demised; and judgment against the one, shall {. 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.

Exhibitors of un- 7. And be it further enacted, That every keeper or exhibitor of

Łwful 5. * any billiard table, or of any of the tables commonly called A B C, or ... 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 com:

pelled 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 same or the like offence, it shall

Seeond , offence be deemed a forfeiture of his recognizance, and he shall be impriFoy in-soned without bail or mainprise until the sum in which he may be * 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 o ". “shall have the same power of revoking the licenses of tavern keepers : s user in any case of delinquency in permitting unlawful gaming in their

houses or taverns, as the county and corporation courts now possess

9. In every case that may arise under any law, for the preventing,

scouraging or suppressing of gaming, the courts shall interpret them remedial, and not as penal statutes.

10. And whereas it has been represented to this General Assemy, that doorkeepers and guards have been employed to prevent, -ier or retard, and discourage magistrates and others acting under drauthority, from entering houses and places where gamblers and disorderly persons resort for the purpose of unlawful gaming; to give notice of the approach of such magistrates, and others actunder their authority, to the persons so unlawfully assembled, : it therefore enacted, That if any person or persons whatsoever, il hereafter be convicted of any such offence, or of employing, |ring or procuring any person whatsoever to commit any such of ice, or of counselling, advising, aiding or abetting any person to mmit any such offence, every person so offending, his or her aidEs, abettors, advisers, counsellors and procurers, shall be fined at He discretion of the jury by whom he shall be convicted, not exceed| g one thousand dollars, nor less than one hundred dollars, accordo; to the degree of his offence, and his estate ; or imprisoned not than one nor more than six months.

11. All acts or parts of acts in any wise contrary to this act, shall * and the same are hereby repealed.

12. This act shall commence and be in force, from the first day of April next.

CHAP. XVI.

41 Act to amend the laws heretofore made, amending the Penal Laws of this Commonwealth.*

[Passed January 28, 1803.]

l, Bo it enacted by the General Assembly, That all murder which shall be perpetrated by means of poison, or by lying in wait, or by duress of imprisonment or confinement, or by Farving, or by wilful, malicious and excessive whipping, beating or aher cruel treatment or torture, or by any other kind of wilful, deEberate and premeditated killing, or which shall be committed in the erpetration, or attempt to perpetrate any arson, rape, robbery or surgiary, shall henceforth be deemed murder in the first degree. And all other kinds of murder, shall be deemed murder of the sewind degree, and the jury, as heretofore, shall ascertain in their verfict, whether it be murder in the first or second degree.

2. Whosoever shall voluntarily, maliciously and of purpose, bite of a nose, ear or lip, or bite off or disable any limb or member of an

shall be sentenced to undergo a confinement in the jail and penitentary house, for a time not less than two nor more than ten years; *nd shall also pay a fine not exceeding one thousand dollars, threefourths whereof shall be for the use of the party grieved.

| "See Revised Code, vol. 1, ch. 200, pa. 355–ch. 264, pa. 402—ch. 279, pa. 410–

* 284 pa. 413—also, post ch. 21—act of 1903, post ch. 41-act of 1864, post ch.5% -art of 1806, post ch. 111.

3. Whosoever shall wilfully, maliciously and of purpose, stab or

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Murder, what constitutes the first degree.

second degree.

Maiming, how punished.

other, with intention in so doing to kill, maim or disfigure such perwn, every such offender, his or her aiders, abettors and counsellors,

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1802. shoot another with intention in so doing, to maim, disfigure, disable

Q-Y-A 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.

Y’arty grieved a -
iawālwitness." act, or under the act passed the fifteenth of December, one thou-

sand 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 treasonpu. 5. And be it further enacted. That any person who shall be guilty

misfied by death. 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.

Siaves not affec- 6. This act shall not extend to any case of a slave accused or con

led. victed of any of the offences herein mentioned.
Repealing 7. All acts and parts of acts coming within the purview of this
•lause. act, shall be and the same are hereby repealed.

commencement 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.]

How the fecs of E it enacted by the General Assembly, That if any sheriff or ser-
sheriffs, &c. in geant, shall refuse to account for or pay the whole amount of
the hands of she-sheriffs, sergeants or coroners fees, put into his hands for collec-
..., tion, after the deduction of six per centum for collecting, together
may be collected ... - - -
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 she-
riffs, 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 a-
gainst such sheriff or sergeant, his executors or administrators, for
all fees where with 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 execu-
tors or administrators have ten days previous notice of such moti-

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statements to be 2. Be it enacted, That all sheriffs, coroners, sergeants of corporamadeonexecuti, tions and constables, shall, respectively, in returning all executions *returned by them levied or settled, and the monies thereon received, or any part thereof, make a statement on every such execution of the aimount 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 <ertain cases. See also, post ch. 97.

4. And be it further enacted, That any party grieved under this

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