If, upon examination, evidence should be elicited to justify it, a complaint should be drawn against the party suspected, in the usual form, on which the usual proceedings will be had.

883. Manslaughter. [See F. 872.]

upon one A. B. in the public highway there feloniously and willfully did make an assault, and a certain cart, of the value of twenty dollars, then and there drawn by two horses, of the value of fifty dollars, which he, the said J. R., was then and there driving in and along the said highway, upon and against the said A. B. feloniously did force and drive, and him, the said A. B., did thereby then and there throw to and upon the ground; and did then and there feloniously force and drive one of the wheels, to wit, the off wheel of said cart, against, upon and over the head of said A. B., then lying upon the ground, and thereby did then and there give to said A. B. upon his head one mortal fracture and contusion, of which the said A. B. then and there instantly died; and so the said T. C. upon his oath aforesaid complains that the said J. R. him, the said A. B., in the manner and by the means aforesaid, feloniously did kill and slay.

884. Rape. [See F. 872.]

upon one E. F. violently and feloniously did make an assault, and her, the said E. F., then and there feloniously did ravish and carnally know, committing carnal copulation with her by force and against her will.

885. Abusing a female child, under the age of ten years. [S

[See F. 872.] upon one E. F., spinster, a woman child under the age of ten years, to wit, of the age of nine years, feloniously did make an assault, and her, the said E. F., then and there wickedly, unlawfully and feloniously did carnally know and abuse;

886. Maiming. [See F. 872.]

upon the said A. B., with set purpose and malice aforethought, unlawfully and feloniously did make an assault; and with a certain axe, of the value of one dollar, which he, the said C. D., in both his hands then and there had and held, the left hand of him, the said A. B., with set purpose and malice aforethought then and there unlawfully and feloniously did cut off, with intention the said A. B., in so doing, in manner aforesaid, to maim and disfigure.

887. Robbery. [See F. 872.]

with force and arms upon him, the said A. B., feloniously did make an assault, and him, the said A. B., in bodily fear and danger of his life then and there feloniously did put, and one gold watch, of the value of one hundred dollars, of the goods and chattels of him, the said A. B., from the person and against the will of him, the said A. B., then and there feloniously, and by violence and putting in fear, did steal, rob, take and carry away.

888. Assault, with intent to murder. [See F. 872.]

upon the said A. B., with a drawn sword, which he, the said C. D., in his right hand then and there held, did make an assault, with an intention him, the said A. B., then and there, with the drawn sword aforesaid, feloniously, willfully, and of his malice aforethought, to kill and

murder.

889. Assault, with intent to maim. [See F. 872.]

upon the said A. B., with a certain knife which he, the said C. D., in his right hand then and there had and held, did make an assault, with an intention him, the said A. B., with set purpose and malice aforethought, unlawfully to maim and disfigure, by unlawfully cutting off the left ear of him, the said A. B.

890. Assault, with intent to commit a rape. [See F. 872.]

upon her, the said A. B., did make an assault, with intent her, the said A. B., then and there feloniously to ravish and carnally know, and to commit carnal copulation with her by force and against her will

891. Assault, with intent to rob. [See F. 872.]

upon the said A. B., did make an assault, with intent the moneys, goods and chattels of him, the said A. B., from the person and against the will of him, the said A. B., feloniously and by violence, and by putting him in bodily fear and danger of his life, to steal, rob, take and carry

away.

892. Attempting to produce abortion by drugs. [See F. 872.] in and upon one S. F. unlawfully, willfully and maliciously did make an assault, and did then and there unlawfully, willfully and wickedly administer to and cause to be taken by her, the said S. F., the said S. F. being then and there pregnant [with a quick child, if the fact be so, otherwise] with child, divers quantities, to wit., four ounces of a certain noxious, pernicious and destructive substance called savin, with intent thereby to cause and procure the miscarriage of the said S. F. and the premature birth of the said child, of which the said S. F., was then and there pregnant [and quick, if the fact be so;] the administration of the said noxious, pernicious and destructive substance, called savin, not having been necessary to preserve the life of the said S. F., and not having been advised by two physicians to be necessary for that purpose; and by means whereof the abortion, miscarriage and premature birth of said child was caused and procured; and the said S. F., afterwards, to wit., on, at, by means of the noxious, pernicious and destructive substance aforesaid, so as aforesaid administered to her, the said S. F., by him, the said J. M., and so taken by her, the said S. F., was prematurely delivered of the child aforesaid dead.

[Note. If no abortion in fact followed, the last clause, beginning, "and by means thereof," may be omitted, and the usual conclusion added: "to the great damage of the said S. F., contrary, &c., against, &c."

893. If death follows the administration of drugs, say "feloniously" in the preceding form, instead of "unlawfully," and "of his malice aforethought," instead of "maliciously;" then add to the above formand the said S. F., on, at, by means of the abortion, miscarriage and premature birth of said child, whereof the said S. F. was so pregnant, and so caused as aforesaid by him, the said J. M., became sick and distempered in body, and by means of the abortion, miscarriage and premature birth aforesaid, and by means of the sickness occasioned thereby, from the said - day of until the day of, at -, -, did languish, and languishing did live, on which said - day of —, at —,

she, the said S. F., by means of the said abortion, miscarriage and premature birth of said child, and by means of the sickness occasioned thereby, died. And the said J. M., the said S. F. in manner aforesaid, and by the means aforesaid, feloniously, willfully, and of his malice aforethought, did kill and murder, contrary, &c., against, &c.

894. Attempt to produce abortion by instruments. [See F. 872.] in and upon one S. F. unlawfully, willfully and maliciously, did make an assault, and did then and there unlawfully, willfully and maliciously force, thrust and strike a certain instrument to the complainant unknown, which he, the said J. M., then and there had and held in his right hand, up and into the womb and body of the said S. F., she, the said S. F., being then and there pregnant with child, [with a quick child, if the fact be so] with a wicked and unlawful intent thereby to cause and procure the said S. F. to miscarry and to bring forth the said child of which she, the said S. F., was then and there pregnant [and quick, if the fact be so] as aforesaid dead, the same not having been necessary to preserve the life of said S. F., and not having been advised by two physicians to be necessary for that purpose, contrary, &c., against, &c.

If death ensues, a complaint for murder may be drawn substantially as in the last form, saying, " by means of the forcing, thrusting and striking the instrument aforesaid up and into the womb and body of the said S. F., in the manner aforesaid," &c.

CHAPTER 42.

OF OFFENSES AGAINST PROPERTY.

1. Arson, how punished.

2. Burning other buildings.

3. Burning grain, &c.

4. Burglary, how punished.

5. Burglary in second degree.
6. Breaking office, &c., in night.

7. Breaking and entering by day.
8. Larceny in buildings."

9. Maiming cattle to injure owner. 10. Larceny from person. 11. Larceny of horses, &c. 12. Larceny to value of $20. 13. Larceny under $20.

14. Larceny under $10. 15. Justice's jurisdiction.

16. Larceny of deeds, &c.

17. Receiving stolen property.

18. Judgment for owner.
18,4. Larceny at fires.

19. Obstructions on railroads.
19,A. Injury to telegraph lines.
20. Malicious mischief.

20,A,B,C,D. Malicious trespasses.
20,E. Injury to aqueduct or gas pipes.
20,F & G. Destruction of fish.

21. Fraudulent conveyance.

22. Fraudulent receipt of property.

23. If property under $100.
24. Fine, how appropriated.
24, A. Fraudulent conversion.
24,B. False pretenses.
24,c. False issue of stock.
Forms of Complaints.

§ 1. If any person shall willfully and maliciously burn any dwelling-house, or any out building adjoining thereto, or any building whereby any dwelling-house shall be burned, he shall

be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor for life, or for a term not less than seven years. R. S. 435, ch. 215, § 1; C. S. 547, § 1.

§2. If any person shall willfully and maliciously burn any vessel lying within the body of any county, or any bridge, or any other building other than those described in the preceding section, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor for a term not less than two years nor more than twenty years. Ib. § 2; C. S. 547, § 2.

§ 3. If any person shall willfully and maliciously burn any stack of corn, hay, grain or flax, or any fence, or any pile of boards, lumber or wood, or any trees or underwood of another, he shall be punished by confinement to hard labor for a term not less than one year nor more than three years, or by fine not exceeding one thousand dollars and imprisonment in the common jail not exceeding one year. Ib. §4; C. S. 547, § 5.

§ 4. If any person shall in the night time break and enter any dwelling-house, with intent to commit any crime the punishment whereof may be death or confinement to hard labor for life, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor for life or for a term of not less than five years. Ib. §5; C. S. 548, § 6.

§ 5. If any person shall in the night time break and enter any dwelling-house, with intent to commit any other crime the punishment whereof may be confinement to hard labor, or to commit any larceny, he shall be punished by solitary imprisonment not exceeding sixty days, and by confinement to hard labor not less than three years nor more than ten years. Ib. § 6; C. S. 548, § 7.

§ 6. If any person, with intent to commit any crime the punishment whereof may be confinement to hard labor, or to commit larceny, shall in the night time break and enter any office, bank, shop, store or warehouse, or any vessel lying within the body of any county, he shall be punished by confinement to hard labor for a term not less than three years nor more than ten years. Ib. §7; C. S. 548, § 8.

§7. If any person, with intent to commit any crime the punishment whereof may be confinement to hard labor, shall in the night time either break or enter, or in the day time

break and enter any building or any vessel lying within the body of any county, he shall be punished by confinement to hard labor for a term not less than one year nor more than seven years. Ib. §8; C. S. 549, § 8.

$8. If any person shall in the night time break or enter, or in the day time break and enter any dwelling-house or outhouse adjoining thereto, any office, bank, shop, store, warehouse, barn, granary or mill, any meeting-house, court-house, town-house, college, academy, school-house, or other building erected for the public use, or any vessel lying within the body of any county, and shall therein commit larceny, he shall be punished by confinement to hard labor for a term not exceeding five years. Laws 1851, ch. 1094; C. S. 549, § 10.

§ 9. If any person shall willfully and maliciously kill, maim, wound, poison or disfigure any horse, cattle, sheep or swine of another, with intent to injure their owner, or any other person, he shall be punished by confinement to hard labor not less than one year nor more than three years, or by fine not exceeding one thousand dollars and imprisonment in the common jail not exceeding one year. Ib. § 10; C. S. 549, § 11.

§ 10. If any person shall commit any larceny from the person of another, he shall be punished by confinement to hard labor not less than three years nor more than seven years. Ib. § 11; C. S. 549, § 12.

§ 11. If any person shall steal, take and carry away any horse, mule, cattle, sheep or swine, the property of another, he shall be punished by confinement to hard labor not less than three years nor more than seven years. Ib. § 12; C. S. 549, § 13.

§ 12. If any person shall steal, take and carry away, of the property of another, any money, bank bill, goods or chattels, any writing containing evidence of any existing debt, contract, liability, promise or ownership of property, of the value of twenty dollars, or of the receipt, payment or discharge of the like amount, or any writing of a like kind, which together shall contain the like evidence, he shall be punished by confinement to hard labor for a term not less than two years nor more than five years. 1b. § 13; C. S. 549, § 14.

§ 13. If any person shall steal, take and carry away, of the property of another, such as is described in the preceding section, of a less amount or value than twenty dollars, he shall be punished by imprisonment in the common jail not