ace any injury or loss of favour, in order to procure the commission of an offence:

Those who shall prepare arms or instruments, men, money or aid of any kind, or do any other act prior to the commission of the offence, to facilitate its execution, and knowing that it is intended: all these persons are accomplices.

Art. 66. No person can be found guilty as an accomplice to any offence, other than such as have aided, promoted, advised or encouraged it by some of the means set forth in the last preceding article; but it is not necessary that the advice should be strictly pursued: it is sufficient if the offence be of the SAME NATURE and for the same object, as the of fence advised or encouraged.

Art. 67. If in the attempt to commit an offence, the principal offender shall make himself liable to punishment for any other act committed by mistake or accident, according to the provisions for that purpose herein before contained, his accomplices shall be punished only as they would have been had the offence been committed which he intended to commit.

Art. 68. The punishment of an accomplice is the same as that designated for the principal offender, excepting the increase of such punishment provided for in the next article.

Art. 69. If the principal offender be under fifteen years of age, whether he be found of sufficient intelligence to understand the nature and illegality of the act or not, and there be an accomplice of full age, the punishment of such accomplice shall be INCREASED ONE HALF and if the principal offender be a minor, above fifteen, then the punishment of the accomplice shall be INCREASED ONE QUARTER.

Art. 70. Accessaries are those who, knowing that an offence has been committed, conceal the offender, or give him any other aid, in order that he may effect his escape from arrest or trial, or the execution of his sentence; he who aids the offender in preparing and making his defence at law; or who procures him to be bailed, although he may afterwards abscond, shall not be considered as an accessary.

Art. 71. The following persons cannot be punished as accessaries. 1. The husband or wife of the offender.

2. His relations in the ascending or descending line, either by affinity or consanguinity.

3. His brothers or sisters.

4. His domestic servants.

Art. 72. The accessary shall be punished by fine and simple imprisonment in the manner directed by the Second Book.

Art. 73. The accomplice may be arrested, tried and punished before the conviction of the principal offender, and the acquittal of the principal shall be no bar to the prosecution of the accomplice, but on the trial of such accomplice, the commission of the offence must be clearly proved, or the accomplice cannot be convicted.

Art. 74. The accessary may be arrested, but not tried without his consent before the conviction of the principal, and the acquittal of the principal shall discharge the person named as accessary.

BOOK II.

OF OFFENCES AND PUNISHMENTS.

TITLE I.

OF THE GENERAL DIVISIONS AND DESCRIPTIONS OF OFFENCES AND PUNISHMENTS.

CHAPTER I.

Definition and divisions of offences.

Art. 75. Offences are those acts and omissions which are forbidden by positive law, under the sanction of a penalty.

Art. 76. There are two divisions of offences; establishing distinctions drawn, the one from the degree of the offence, the other from its object. By the first division, all offences are either CRIMES OR MISDEMEANORS. By the second, they are PUBLIC OR PRIVATE OFFENCES.

Art. 77. All offences punishable by confinement at hard labour, or by a forfeiture of any civil or political right, are crimes; all other offences are misdemeanors.

All offences to which either of the punishments enumerated in the last preceding article are expressly assigned, or to which the court have a discretionary power to apply them, are punishable in that manner within the meaning of that article.

Art. 78. Offences, in relation to their object, are public or private offences.

Art. 79. Those are public offences which principally affect the state or its government in any of its branches, or any of its institutions, or operations for the benefit of the citizens. Those are public offences which affect,

1. The sovereign power of the state.

2. The legislative power..
3. The executive power.

4. The judiciary power.
5. The public tranquillity.
6. The right of suffrage.
7. The freedom of the press.

8. The public records.

9. The current coin and public securities.

10. The public revenue.

11. The commerce and manufactures.

12. The public property.

13. The public roads, embankments, navigable waters, and other property held by the sovereign power for the common use of the people. 14. The public health.

15. The morals of the people.

Art. 80. Those are private offences which principally affect individuals, or such societies as are either established or permitted by law; they are such as affect them,

1. In the exercise of their religion.

2. In their honour and reputation.

3. In their persons.

4. In their profession and trade.

5. In their civil and political rights and conditions.

6. In their property.

Art. 81. The division of offences marked out by this chapter, is intended only for the establishment of order in the arrangement of the code; each offence will be hereinafter particularly defined and illustrated; and no act or omission is an offence, which does not come within some one of those definitions as they are explained and illustrated.

CHAPTER II.

Of punishments.

Art. 82. To enforce the performance of a duty, or to give compensation for or prevent the infraction of a right, is the province of civil law. Penal law designates such infractions as require coercion or punishment to prevent or repress them; and it provides for each wrong thus designated, the requisite remedy of prevention, removal of the evil, or penalty for its commission. This code is strictly penal: compensation forms no part of its sanction. But no punishment deprives the party who is injured by an offence, of his civil remedy; the reservation of such right to civil redress, is no where expressly made, but is in all cases understood.

And

Art. 83. The claim of the party injured by an offence, when it becomes liquidated by a judgment, is preferred in cases of insolvency, to the claim of the state for a fine imposed for the same offence. if the fine be levied, and there is no property sufficient to satisfy the execution on the private suit, the amount of the fine, or as much of it as may be necessary, shall, on petition against the officer of government in whose hands it may be, be paid over to satisfy the judgment obtained by the party injured.

Art. 84. The civil remedy for the wrong occasioned by an offence may be pursued, either against the offender (when he is not confined at hard labour), or against the curators of his estate, when they are appointed according to the directions hereinafter contained.

Art. 85. The punishments and penalties to be incurred for offences

under this code are,

1. Pecuniary fines.

2. Simple imprisonment.

3. Imprisonment in close custody.

4. Deprivation of office.

5. The suspension of some one or more political or civil rights for a limited period.

6. The forfeiture of some one or more political or civil rights. 7. Imprisonment and hard labour for a limited time.

8. Imprisonment at hard labour for life. Both these last punishments, with or without the addition of solitary confinement and other privations, as are directed in different parts of this code.

Art. 86. In addition to these punishments, where the offence is of continuous nature, there must be judgment for its discontinuance.

a

Art. 87. In conviction for offences that affect honour or reputation, the judgment may, in addition to, or as an alternative for the punishment assigned, grant an honorary reparation, in the manner designated in that class of offences.

Art. 88. Pecuniary fines imposed for offences shall be levied by execution in the name of the state; in the same manner as is directed by the practice in civil cases, for enforcing the execution of a judgment for debt, in the highest court of original jurisdiction in the state; and the fine shall be a lien upon real property, from the time it is registered in the office of the register of mortgages, in the manner directed by law for the registry of judicial mortgages.

Art. 89. The death of the offender operates as a discharge of all pecuniary fines imposed upon him even if execution be issued, the officer shall proceed no further therein. If the offender die before a sale on such execution, the lien created by the registry of such fine shall, by order of the court, be taken off, on proving the death of the offender; unless real property shall have been sold, subject to such lien, and the amount thereof shall have formed part of the price; in which case, the amount of such fine shall be levied by sale of the said real property, notwithstanding the death of the person on whom the fine was imposed.

Art. 90. A pecuniary fine shall in no case exceed one fourth part of the value of the property, real and personal, of the person on whom it is imposed; and such person may, in all cases, have any pecuniary fine reduced to that amount, on showing the true value of his property, to the satisfaction of the court; in which case the court must commute the part of the fine that is deducted into imprisonment; calculating one day's imprisonment for every two dollars deducted from the fine, and the imprisonment, or any part of it, may be in close custody with the limitation contained in the next article.

Art 91. The wearing apparel, implements of trade, and household furniture of the delinquent, shall not be seized on an execution to satisfy a pecuniary fine, nor shall his arms or accoutrements as an officer or private in the militia. If no other property be found, the court imposing the fine may, on such return being made on the execution, direct that the offender be imprisoned (either in close custody or in simple imprisonment, for the whole or a part of the time, at their discretion) one day for every two dollars contained in the amount

of the fine imposed; provided, that such imprisonment do not exceed the term of ninety days, whatever be the amount of such fine; and such imprisonment shall operate as full satisfaction of such fine.

Art. 92. Simple imprisonment is inflicted by the mere confinement of the offender in the common prison, appointed for that purpose by law, which shall be in a building or apartment distinct from the penitentiary. This punishment consists simply in the confinement of the person within the walls of such prison, the prisoner being debarred neither the use of books, nor the means of writing, nor the society of such persons as may desire to see him during the hours established by the general regulations for the prison.

Imprisonment in close custody is an imprisonment within a single chamber of the common prison, during which the prisoner is to be allowed no other sustenance than the common prison allowance, and is debarred all visits, except such as may be specially allowed by the judge in particular cases of business or sickness.

Art. 93. The civil rights, which may be forfeited or suspended by virtue of any sentence importing such forfeiture or suspension, are divided into three classes:

1. The right of exercising the duties of executor, administrator, tutor, curator, attorney at law, attorney in fact, or being appointed to any PRIVATE OFFICE, which is now, or may hereafter, be established by law. 2. The right of appearing in person, or by attorney, in any court, as party to a suit, either as plaintiff or defendant.

3. The right of bearing arms in defence of the country, and of serving on juries.

Art. 94. All political rights are suspended by a sentence of imprisonment at hard labour, during the period for which such imprisonment is directed; if such sentence be for life, all those rights are forfeited.

Art. 95. A sentence of imprisonment at hard labour suspends, during the term of such imprisonment, all civil rights. If such sentence be for life, all civil rights are forfeited. Forfeiture or suspension of civil rights is directed in certain cases, which are specially provided for.

Art. 96. A suspension or forfeiture of political rights, whether expressly pronounced or implied, by the operation of the two last preceding articles, deprives the offender of any PUBLIC OFFICE he may hold at the time.

Art. 97. When sentence of forfeiture or suspension of civil rights, or of those of the first class only, has been expressly pronounced or implied by a sentence of imprisonment at hard labour, all the duties, trusts, or PRIVATE OFFICES, coming within the first class of civil rights, are vacated by the sentence; and some other person shall be appointed to fulfil the same, in the same manner as if the vacancy had been occasioned by death.

Art. 98. During the term of imprisonment at hard labour, the administration of the affairs of the convict is committed to a curator, named in the manner directed by the Code of Procedure.

Art. 99. Imprisonment at hard labour is inflicted in the following degrees :

I. At labour in classes of convicts, in the manner directed by the Code of Reform and Prison Discipline.

2. At labour in solitude.

3. In solitude, with occasional labour.