murder, before the fact, and every person who shall be an accessary TITLE 7 to any felony, before the fact, shall, upon conviction, be punished in the same manner herein prescribed, with respect to principals in the first degree. after the fact. $7. Every person who shall be convicted of having concealed any Accessaries offender, after the commission of any felony, or of having given such offender any other aid, knowing that he has committed a felony, with intent and in order that he may avoid, or escape from, arrest or trial, or conviction, or punishment, and no others, shall be deemed an accessary after the fact, and upon conviction, shall be 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. mitting sec $ 8. If any person convicted of any offence punishable by imprison- Felons com ment in a state prison, shall be discharged, either upon being pardon- and offence. ed or upon the expiration of his sentence, and shall subsequently be convicted of any offence committed after such pardon or discharge, he shall be punished as follows: 1. If the offence of which such person shall be subsequently 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 at tempt to commit an offence, which if committed, would be punishable by imprisonment in a state prison, then the person convicted of such subsequent offence, shall be punished by imprisonment in a state prison for a term not exceeding five years. fence after $9. Every person having been convicted of petit larceny, or of an second ofattempt to commit an offence, which, if perpetrated, would be punish misdemeanor able by imprisonment in a state prison, and having been pardoned or otherwise discharged, who shall be subsequently convicted of any of fence committed after such pardon or discharge, shall be punished as follows: 1. If such subsequent offence be such, that upon a first conviction the offender would be punishable by imprisonment in a state prison for life, at the discretion of the court, then such person shall be sentenced to imprisonment in such prison during life: 2. If such subsequent offence be such, that upon a first conviction the offender would be punishable by imprisonment in a state prison TITLE 7. for any term less than for life, then such person shall be sentenced to imprisonment in such prison, for the longest term prescribed upon a conviction for such first offence: Convicts in &c. 3. If such subsequent conviction be for petit larceny or for any attempt to commit an offence, which if perpetrated, would be punishable by imprisonment in a state prison, then such person shall be sentenced to imprisonment in such prison for a term not exceeding five years. $10. Every person who shall have been convicted in any of the other states, United States, or in any district or territory thereof, or in any foreign country, of an offence, which if committed within this state, would be punishable by the laws of this state by imprisonment in a state prison, shall, upon conviction for any subsequent offence committed within this state, be subject to the punishment herein prescribed upon subsequent convictions, in the same manner and to the same extent, as if such first conviction had taken place in a court of this state. 60 Several con Victions at $ 11. When any person shall be convicted of two or more offences, same time. before sentence shall have been pronounced upon him for either of fence, the imprisonment to which he shall be sentenced upon the second or other subsequent conviction, shall commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second term of imprisonment, as the case may be. Imprisonment for life, &c. imposed. $12. Whenever in this Chapter any offender is declared punishable upon conviction, by imprisonment in a state prison, for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorised to pronounce judgment upon such conviction, may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years, not less than such as are prescribed; but no person shall in any case be sentenced to imprisonment in a state prison for any term less than two years. Fines may be $13. Upon a conviction for any offence punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars. Persons injured by felons; $ 14. Every person injured by the commission of any felony, for remedy. which the offender shall be sentenced to imprisonment in a state pri[See ante p. son, shall be deemed a creditor of such offender within the provisions 14] of the second Article of the first Title of the fifth Chapter of the Second Part of the Revised Statutes. Damages how ascer tained. $15. The amount of damages sustained by such injured person, shall be ascertained in a suit to be brought for that purpose by him against the trustees of the estate of such offender, who shall be appointed under the provisions of the said Article. (60) Laws of 1823, p. 179, §6. $16. All punishments prescribed by the common law, for any of- TITLE 7. fence specified in this Chapter, and for the punishment of which pro- Common law vision is herein made, are prohibited. punishments. fuge to re convicts. $ 17. Whenever any person, under the age of sixteen years, shall House of rebe convicted of any felony, the court, instead of sentencing such per- ceive minor son to imprisonment in a state prison, may order that he be removed to and confined in the house of refuge, established by the society for the reformation of juvenile delinquents in the city of New-York; unless notice shall have been received from such society, that there is not room in such house for the reception of further delinquents.61 removal. $ 18. Such convicts shall be removed by the sheriff of the coun- Expersen of ty, pursuant to such order, and he shall be allowed the same compensation therefor as is provided by law for the transportation of convicts to the state prison, to be audited and paid as part of the contingent expenses of the county,61 tence of lm $ 19. A sentence of imprisonment in a state prison for any term Effect of senless than for life, suspends all the civil rights of the person so sen-prisonment. tenced, and forfeits all public offices and all private trusts, authority or power, during the term of such imprisonment. $ 20. A person sentenced to imprisonment in a state prison for life, Ib. for life. shall thereafter be deemed civilly dead.62 convicts. $21. The person of a convict sentenced to imprisonment in a state Injuries to prison, is under the protection of the law; and any injury to his person, not authorised by law, is punishable in the same manner as if he was not sentenced or convicted. 63 abolished. $ 22. No conviction of any person for any offence whatever, (ex- Forfeitures cept upon an outlawry for treason as herein before provided,) shall work a forfeiture of any goods, chattels, lands, tenements or hereditaments, or of any right or interest therein; and all forfeitures to the people of this state, in the nature of deodands, or in cases of suicide, or where any person shall flee from justice, are abolished." $23. No person sentenced upon a conviction for felony shall be Disqualificacompetent to testify in any cause, matter or proceeding, civil or criminal, unless he be pardoned by the governor or by the legislature; except in the cases specially provided by law; but no sentence upon a conviction for any offence other than a felony, shall disqualify or render any person incompetent to be sworn or to testify, in any cause, matter or proceeding, civil or criminal. tion to testify. for same of $24. When a defendant shall have been acquitted of a criminal Second trial charge, upon trial, on the ground of a variance between the indict- fence. ment and the proof, or upon any exception to the form or substance of the indictment, he may be tried and convicted upon a subsequent indictment for the same offence. (61) Laws of 1826, p. 18, § 1 & 3. (62) 1 R. L. p. 411, § 17. (63) Ib. p. 495, § 3. TITLE 7. When ac $25. But where a defendant shall have been acquitted upon trial, on the merits and facts, and not upon any ground stated in the last quittal to be section, he may plead such acquittal in bar of any subsequent accusation for the same offence, notwithstanding any defect in form or in substance, in the indictment upon which such acquittal was had. a bar. Attempts to commit crimes. Offences of different de grees. Ib. Certain leas es, when void. $ 26. No person shall be convicted of an assault with intent to commit a crime, or of any other attempt to commit any offence, when it shall appear that the crime intended or the offence attempted, was perpetrated by such person at the time of such assault, or in pursuance of such attempt. $27. Upon an indictment for any offence consisting of different degrees, as prescribed in this Chapter, the jury may find the accused not guilty of the offence in the degree charged in the indictment, and may find such accused person guilty of any degree of such offence, inferior to that charged in the indictment, or of an attempt to commit such offence. $ 28. When a defendant shall be acquitted or convicted upon any indictment for an offence, consisting of different degrees, as prescribed in this Chapter, he shall not thereafter be tried or convicted for a dif ferent degree of the same offence; nor shall he be tried or convicted for any attempt to commit the offence charged in the indictment, or to commit any degree of such offence. $29. Whenever the lessee of any dwelling-house shall be convicted of a misdemeanor in keeping the same as a bawdy house, the lease or agreement for the letting of such house, shall thereupon become void; and the landlord may enter upon the premises so let, and shall have the same remedies to recover possession thereof, as are given by law in case of a tenant holding over after the expiration of his lease. Definition of $30. The term "felony," when used in this act, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in a state prison. "felony." Ib. of "infamous crime." Ib. of "crime" and $31. Whenever the term "infamous crime," is used in any statute, it shall be construed as including every offence punishable with death or by imprisonment in a state prison, and no other. $32. The terms "crime" or "offence," when used in this Chap"offence." ter, or in any other statute, shall be construed to mean any offence for which any criminal punishment may by law be inflicted. $ 33. The term "personal property," as used in this Chapter, shall be construed to mean, goods, chattels, effects, evidences of rights in action, and all written instruments by which any pecuniary obligation, or any right or title to property real or personal, shall be created, acknowledged, transferred, increased, defeated, discharged or diminished. TITLE 1. $ 34. The term "property," as used in this Chapter, includes personal property as defined in the last section, and also every estate, in- Ib. of" proterest and right in lands, tenements and hereditaments. perty." § 35. Where the term "person" is used in this Chapter, to de- lb. of "persignate the party whose property may be the subject of any offence, such term shall be construed to include the United States, this state, or any other state, government or country which may lawfully own any property within this state, and all public and private corporations, as well as individuals. tent defraud. $ 36. Where any intent to injure, defraud or cheat, is required by Charging inlaw to be shown, in order to constitute any offence, it shall be sufficient, if such intent be to injure, defraud or cheat the United States, this state, or any other state or country, or the government or any public officer thereof, or any county, city or town, or any corporation, body politic or private individual. CHAP. II. Of Proceedings in Criminal Cases. TITLE 1. Of proceedings to prevent the commission of crimes. TITLE 3.—Of trials for offences before courts of special sessions of the peace. TITLE 4. Of indictments and proceedings before trial. TITLE 5.-Of trials for offences; bills of exception, and other proceedings incident to trial. TITLE 6. Of judgments; the mode of enforcing them, and of writs of error thereon. TITLE 7.-Special proceedings in criminal cases; and miscellaneous provisions respecting criminal proceedings. TITLE 8. Of the fees of officers and ministers of justice in criminal cases. Hop TITLE I. OF PROCEEDINGS TO PREVENT THE COMMISSION OF CRIMES. Sxc. 1. Officers enumerated, who are authorised to keep the peace. 2, 3, 4 & 5. Proceedings to compel sureties to keep the peace. 6. How person committed may be discharged. 7. Recognizances how to be disposed of. 8. Cases in which officers and courts may require security for the peace. 9 & 10. Proceedings at sessions on the recognizance. 11. When recognizances to be deemed broken. 12 & 18. Proceedings in action on recognizance. 14. Security not to be required unless authorised by statute. |