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SELLING TICKETS NOT PROPERLY FILLED OUT, ETC.-(Continued.) Violation of fifth section is punished by imprisonment in State prison not exceeding five years. (Id., § 5.)

ROBBERY.

FIRST DEGREE.-Imprisonment in a State prison for a term not less than
ten years.

SECOND DEGREE.-Like imprisonment, not exceeding ten years. (2 R.
S., 678, § 59.)

RECEIVING EMBEZZLED PROPERTY.

RAPE.

To the same extent as a servant for embezzlement. (2 R. S., 678, § 63.
See "Embezzlement and Larceny.")

Imprisonment in State prison not less than ten years. (2 R. S., 663, § 22.)

RECEIVING STOLEN GOODS.

Imprisonment in State prison not exceeding five years, or in county jail not exceeding six months, or by fine of two hundred and fifty dollars, or both such fine and imprisonment. (R. S., 680, § 73.)

REGISTRY LAW, VIOLATIONS OF.

Imprisonment in State prison not less than one year. All false swearing before boards of registry punished as perjury. (Laws 1859, ch. 380, p. 895, § 14.)

SEDUCTION UNDER PROMISE OF MARRIAGE.

Imprisonment in a State prison not exceeding five years, or by imprisonment in county jail not exceeding one year. (2 R. S., 664, § 26.) SUBORNATION OF PERJURY.

Is punished the same as prescribed upon a conviction for the perjury which shall have been so procured. (2 R. S., 681, § 4.)

Attempt to induce perjury is punished by imprisonment in a State prison not exceeding five years. (2 R. S., 682, §*8.)

SUBSTITUTING CHILD, ETC.

Imprisonment in a State prison not exceeding seven years. (2 R. S., 677, § 54.)

SECOND OFFENCES. (See sections 148, 149, post, pages 414, 415.)

SELLING COUNTERFEIT NOTES. (See "Forgery.")

SEVERING FROM THE SOIL, PRODUCE, ETC., UPWARDS OF TWENTYFIVE DOLLARS IN VALUE.

Punishment same as grand Larceny. (2 R. S., 680, § 70.)

SODOMY. (See "Crime Against Nature.")

STEALING RAILROAD TICKETS. (See "Larceny.")

TREASON AGAINST THE PEOPLE OF THIS STATE.
Punishment, death. (Laws 1862, ch. 197, p. 368.

TAKING FEMALES UNDER FOURTEEN YEARS FOR PROSTITUTION,
ETC.

Imprisonment in a State prison not exceeding three years, or by imprisonment in a county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. (2 R. S., 664, § 28.)

THREATENING LETTERS.

Imprisonment in a State prison not exceeding five years. (2 R. S., 678,
$60.)

UTTERING COUNTERFEITS. (See "Forgery.")
VIOLATING GRAVE, ETC.

Imprisonment in State prison not exceeding five years, or in a county jail
not exceeding one year, or by fine not exceeding five hundred dollars,
or by both such fine and imprisonment. (2 R. S., 688, § 13.)

VIOLATING GRAVE, ETC.-(Continued.)

Purchasing dead human bodies, etc., like punishment. (Id., § 14.) Opening graves to remove bodies or steal coffins, etc., imprisonment in a State prison not exceeding two years, or in a county jail not exceeding six months, or by fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment. (2 R. S., 689, § 15.)

VOTING.

Inhabitants of other States voting in this State at elections, imprisonment in State prison not exceeding one year. (Laws 1839, ch. 389, § 14, p. 365.)

§ 143. PUNISHMENT FOR MISDEMEANORS.

It is prescribed that every person who shall be convicted of any misdemeanor, the punishment of which is not prescribed by some statute, shall be imprisoned by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment.1

It is further provided by statute that the court before whom any person shall be convicted of an offence punishable by imprisonment in a county jail, may sentence such person to be imprisoned in a solitary cell in such jail, if any such be erected, but such imprisonment shall in no case exceed thirty days in the whole.2

There is also another provision of the statute that upon conviction for any offence punishable by imprisonment in a jail or prison, in relation to which no fine is prescribed, the court may impose a fine on the offender not exceeding two hundred dollars.3 The misdemeanors made such by statute are so numerous and varied that in the cases where the punishment is prescribed by statute for the specific offence, the duration and manner of punishment will best be ascertained by consulting the statute creating the offence and providing for the punishment.

A sentence to pay a fine for a misdemeanor is valid though it is not added that the defendant stand committed until the fine is paid. The prosecutor may complain of such omission, but the defendant cannot.4

§ 144. SURETY OF THE PEACE MAY BE REQUIRED OF CONVICT IN

ADDITION TO PUNISHMENT.

Every court of criminal jurisdiction, before which any person shall be convicted of any criminal offence not punishable by

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death or imprisonment in a State prison, shall have power, in addition to such sentence as may be prescribed or authorized by law, to require such person to give security to keep the peace or to be of good behavior, or both, for any term not exceeding two years, or to stand committed until such security is given. But the above provision does not extend to convictions for writing or publishing any libel, nor shall any such security be required by any court upon any complaint, prosecution or conviction for any such writing or publishing. No recognizance, given under the last section, shall be deemed to be broken unless the principal therein be convicted of some offence amounting, in judgment of law, to a breach of such recognizance; and the same proceedings, for the collection of such recognizance when forfeited, shall be had as are prescribed by the Revised Statutes in relation to recognizances to keep the peace.1

§ 145. PUNISHMENT OF ACCESSORIES BEFORE THE FACT AND PRINCI

PALS IN THE SECOND DEGREE.

Every person who shall be a principal in the second degree in the commission of any felony, or shall be an accessory to a murder before the fact, and every person who shall be an accessory to any felony before the fact, shall, upon conviction, be punished in the same manner as is prescribed in the statutes with respect to principals in the first degree.2

§ 146. PUNISHMENT OF ACCESSORIES AFTER THE FACT.

They are punished by imprisonment in a State prison not exceeding five years, or in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.3

§ 147. PUNISHMENT FOR ATTEMPTS TO COMMIT OFFENCES.

Every person who shall attempt to commit an offence prohibited by law, and in such attempt shall do any act towards the commission of such offence, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, shall, in cases where no provision

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is made by law for the punishment of such offence, be punished as follows:

1. If the offence attempted to be committed be such as is punishable by the death of the offender, the person convicted of such attempt shall be punished by imprisonment in a State prison not exceeding ten years.

2. If the offence so attempted be punishable by imprisonment in a State prison for four years or more, or by imprisonment in a county jail, the person convicted of such attempt shall be punished by imprisonment in a State prison or in a county jail, as the case may be, for a term not exceeding one-half the longest term of imprisonment prescribed for a conviction for the offence so attempted.

3. If the offence so attempted be punishable by imprisonment in a State prison for a term less than four years, the person convicted of such attempt shall be sentenced to imprisonment in a county jail for not more than one year.

4. If the offence so attempted be punishable by a fine, the offender convicted of such attempt shall be liable to a fine not exceeding one-half of the largest amount which may be imposed upon a conviction of the offence so attempted.

5. If the offence so attempted be punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half of the longest time of imprisonment, and one-half of the greatest fine which may be imposed upon a conviction for the offence so committed.1

Attempts at pocket-picking are punished as attempts at grand larceny.2

§ 148. PUNISHMENT OF PERSONS COMMITTING SECOND OFFENCE AFTER

PREVIOUS CONVICTION FOR A FELONY.

If any person, convicted of any offence punishable by imprisonment in a State prison, shall be discharged, either upon being pardoned or upon the expiration of his sentence, and shall subsequently be convicted of any offence committed after such pardon or offence, he shall be punished as follows:

1. If the offence of which such person shall be subsequently

1 2 R. S., 698, § 3. Vide 4 Hill, 134; 1 Park., 459.

* Laws 1862, ch. 374, § 2, p. 627.

convicted be such that, upon a first conviction, an offender would be punishable by imprisonment in a State prison for any term exceeding five years, then such person shall be punished by imprisonment in a State prison for a term not less than ten years.

2. If such subsequent offence be such that, upon a first conviction, the offender would be punishable by imprisonment in a State prison for five years or any less term, then the person convicted of such subsequent offence, shall be punished by imprisonment in a State prison for a term not exceeding ten years.

3. If such subsequent conviction be for petit larceny, or for any attempt to commit an offence which, if committed, would be punishable by imprisonment in a State prison, then the person, convicted of such offence, shall be punished by imprisonment in a State prison for a term not exceeding five years.1

Any woman who shall be convicted a second time of concealing the death of a child, which, if born alive, would be a bastard, shall be imprisoned in a State prison for a term of not less than two nor more than five years.2

Persons found armed at night with dangerous weapons, with felonious intent to break and enter any dwelling house, building, room in a building, cabin, state-room, railway car, or other covered inclosure where personal property shall be, with intent to commit larceny, or other felony, or who are found at night with picklocks, nippers, &c., in their possession, with the intent aforesaid, or in any dwelling house, building or place where personal property shall be, with intent to commit larceny or felony therein, may be punished by imprisonment in a State prison not to exceed five years for a second offence therefor.3

§ 149. PUNISHMENT OF PERSONS COMMITTING SECOND OFFENCE AFTER PREVIOUS CONVICTION FOR PETIT LARCENY, OR FOR CERTAIN ATTEMPTS TO COMMIT OFFENCES.

Every person having been convicted of petit larceny, or of an attempt to commit an offence which, if perpetrated, would be punishable by imprisonment in a State prison; and, having been pardoned or otherwise discharged, who shall be subsequently

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