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945. Making or having tools for coining. [See F. 872.]

did cast, stamp, engrave and make, (or did then and there knowingly have in his possession,) a certain tool and instrument called a die, adapted and designed for making false and counterfeit coin, in imitation of the silver coin, current within this State by law and usage, called a dime; with the intent that the same might be used in making the false coin aforesaid.

946. Soliciting to pass counterfeit bills. [See F. 872.]

did falsely and fraudulently solicit, entice and advise one J. W. to procure, take and receive certain false, forged and counterfeited promissory notes, falsely and fraudulently made and forged to the likeness and similitude of true promissory notes commonly called bank bills, and usually passing in payment as and for money among the good citizens of said State, and the same false, forged and counterfeited promissory notes to utter and pass in payment to some of the good citizens of this State and for true promissory notes commonly called bank bills, and thereby to deceive and defraud such good citizens, he, the said T. R., then and there well knowing when he so solicited, enticed and advised the said J. W. as aforesaid, the said false, forged and counterfeited promissory notes to be false, forged and counterfeited as aforesaid.

CHAPTER 44.

OF OFFENSES AGAINST PUBLIC JUSTICE.

1. Perjury punished.

2. False swearing.

3. Subornation of perjury.

4. Indictment for.

5, 6, 7, 8. Obstructing officers.

9. Aiding escape.

10. Conveying tools to convicts. 11, 12, 13. Aiding escapes.

14. Permitting escape.

15. Escape by neglect.

16. Punishment, when remitted.

17. Personating officer.

18. False record.

19. Other offenses.

Forms of Complaints.

§ 1. If any person, being on oath or affirmation, in any legal proceeding before any court, justice of the peace, referee, arbitrator, auditor or other person authorized by law to administer such oath or affirmation, shall commit perjury, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. R. S. 441, ch. 217, § 1; C. S. 555, § 1.

§ 2. If any person, in regard to any matter or thing wherein he is required by law to make oath or affirmation,

OFFENSES AGAINST PUBLIC JUSTICE.

shall willfully swear or affirm falsely, he shall be deemed guilty of perjury, and punished accordingly. R. S. 441, §2; C. S. 555, § 2.

§3. If any person shall corruptly procure or attempt to procure another to commit perjury, he shall be punished in the same manner as for the crime of perjury. R. S. 441, $3; C. S. 555, § 3.

§ 4. In every prosecution for perjury or subornation of perjury, it shall be sufficient to set forth the offense charged, before what court or person such oath or affirmation was taken, and that such court or person had competent authority to administer the same, with proper averments to falsify the matter wherein the perjury is assigned, without setting forth, otherwise than aforesaid, any record or other proceeding in law or in equity, or the commission or authority of such court or person before whom the perjury was committed. R. S. 441, § 4; C. S. 555, § 4.

§ 5. If any person shall willfully assault or obstruct any officer, or other person duly authorized, in the service of any lawful process or order in any civil case, or in any criminal case the punishment of which is imprisonment in the common jail and fine, or either, or shall rescue or attempt to rescue any prisoner lawfully arrested in any such case, he shall be punished by confinement in the common jail not exceeding one year, and by fine not exceeding three hundred dollars. R. S. 441, §5; C. S. 556, § 5.

§ 6. If any person shall willfully assault or obstruct any officer, or other person duly authorized, in the service of any criminal process for any offense punishable by confinement to hard labor for a term of years, or shall rescue or attempt to such any case, he rescue any prisoner lawfully arrested in shall be punished by confinement to hard labor not exceeding one half of such term, or by imprisonment in the common jail not exceeding two years, or by a fine not exceeding five hundred dollars, or by both of the two last. R. S. 441, § 6; C. S. 556, § 6.

§7. If any person shall willfully assault or obstruct any officer, or other person duly authorized, in the service of any criminal process for any offense punishable by death or confinement to hard labor for life, or shall rescue or attempt to rescue any prisoner lawfully arrested in such case, he shall be punished by confinement to hard labor not exceeding ten

years, or by imprisonment in the common jail not exceeding two years, and fine not exceeding five hundred dollars. R. S 442, §7; C. S. 556, § 7.

§8. If any person shall willfully obstruct or assault any officer, or person duly authorized, in the discharge of any duty of his office in any case not included in the preceding sections, he shall be punished by imprisonment in the common jail not exceeding six months, or by fine not exceeding one hundred dollars. R. S. 442, §8; C. S. 556, § 8.

§ 9. If any person shall convey any tool or other thing into any place of confinement, or afford aid in any manner, with intent that any prisoner may escape therefrom, but without any escape, he shall be punished by imprisonment in the common jail not exceeding one year, and by fine not exceeding five hundred dollars. R. S. 442, § 9; C. S. 556, § 9.

§ 10. If any person shall convey any tool, weapon or other thing to any prisoner convicted of any offense punishable by death or confinement to hard labor, or into any place of confinement, with intent to aid any such convict to escape, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not exceeding ten years, or by fine not exceeding five hundred dollars. R. S. 442, §10; C. S. 556, § 10.

§ 11. If any person shall aid in any manner in the escape of any prisoner committed to any place of confinement for debt, he shall pay such debt and be imprisoned in the common jail not exceeding one year. R. S. 442, § 11; C. S. 556, § 11.

§ 12. If any person shall aid in any manner in the escape of any prisoner committed, before or after conviction, to any place of confinement, for any criminal offense not capital, he shall be liable to the same punishment to which such prisoner was or would have been liable, or to imprisonment in the common jail not exceeding one year, and fine not exceeding two thousand dollars. R. S. 442, § 12; C. S. 557, § 12.

§ 13. If any person shall in any manner assist in the escape of any prisoner committed, before or after conviction, to any place of confinement, for any capital offense, he shall be punished by confinement to hard labor for life, or any term of years. R. S. 442, § 13; C. S. 557, § 13.

§ 14. If any person, having the custody of any prisoner arrested or committed for debt or crime, shall voluntarily per

mit his escape, he shall be punished in the same manner prescribed in the three preceding sections, for aiding in the escape of a prisoner committed for like cause. R. S. 442, § 14; C. S. 557, § 14.

§ 15. If any person, having the custody of any prisoner arrested or committed for crime, shall negligently suffer his escape, he shall be fined not exceeding five hundred dollars. R. S. 442, § 15; C. S. 557, § 15.

§ 16. If any person guilty of the offense described in either of the five preceding sections, shall, within six months after any such escape of any prisoner, recover and return such prisoner to the place of confinement from which he escaped, cases of rescue excepted, he shall be liable to such fine as the court may order, and imprisonment shall be remitted. R. S. 443, § 16; C. S. 557, § 16.

§17. If any person, not being sheriff, deputy sheriff, or other officer whose duty it is to keep the peace or apprehend persons for violating the same, shall falsely pretend to be or shall assume to act as such, or to require any other person to aid or assist him in any matter or thing belonging to the duty of sheriff, deputy sheriff, or other officer as aforesaid, he shall be punished by fine not exceeding three hundred dollars, one half to the use of the county, the other half to the prosecutor. R. S. 443, § 17; C. S. 557, § 17.

§ 18. If the clerk of any town or place shall willfully and corruptly make a false record of any vote or other proceeding in any legal town meeting, or any false copy of any record, any false certificate or return of votes, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not less than two years nor more than five years. R. S. 443, § 18; C. S. 557, § 18.

§ 19. If any duty shall be imposed by any law upon any public officer or other person, and no penalty shall be prescribed by statute for any neglect to perform such duty, any person guilty of such neglect shall forfeit and pay a sum not exceeding thirty dollars. R. S. 460, ch. 225, § 20; C. S. 575, § 23.

FORMS

OF COMPLAINTS.

947. Perjury. [See F. 872.]

T. C., of, &c., complains that at the court of common pleas holden at C., in and for the county of M., on the day of, a certain issue duly joined in the court aforesaid between one L. M. and one P. G., in a plea of trespass for assault and battery, in which said L. M. was plaintiff and the said P. G. was defendant, came on to be tried in due form of law, and was then and there tried by a certain jury of the country in that behalf, duly impanneled and sworn between the said parties; and that upon the trial of the said issue, so joined between the parties aforesaid, J. R., late of said C., laborer, appeared as a witness for and on behalf of said L. M., the plaintiff in the plea aforesaid, and was sworn, and then and there took his corporal oath before said court of common pleas to speak the truth, the whole truth and nothing but the truth, concerning the matter in question in the said issue (the said court of common pleas then and there having sufficient and competent power to administer an oath to the said J. R. in that behalf;) and that upon the trial of the said issue, so joined between the parties aforesaid, a certain question then and there became and was material, that is to say, whether the said P. G. had dragged the said L. M. by the hair of his head; and that the said J. R. being so sworn as aforesaid, then and there, to wit, on the day of, at C. aforesaid, falsely, willfully and corruptly did say, testify, swear and give evidence among other things to and before the said jurors, so sworn to try the said issue as aforesaid, and the said court of common pleas, in substance, as follows: that the said P. G., the said defendant, dragged the said L. M., the said plaintiff, by the hair of his head on the ground twenty feet: Whereas in truth and in fact the said P. G. did not drag the said L. M. by the hair of his head twenty feet; and whereas in truth and in fact the said P. G. did not drag the said L. M. by the hair of his head at all; and so the said T. C. upon his oath aforesaid complains that the said J. R., in manner and form aforesaid, did falsely, willfully and corruptly commit willful and corrupt perjury, to the perversion of justice.

948. Subornation of perjury. [See F. 872.]

did falsely, knowingly and corruptly solicit, suborn and procure A. W., the said A. W. being then and there pregnant with child which was likely to be born bastard, and to be chargeable to the said town of C.. by promises and other sinister means, to go before one J. P., a justice of the peace for said county of M., and make oath that T. C., of C., in said county of M., laborer, (meaning the said complainant) was the father of the child of which she was so pregnant: and that by means of the said corrupt solicitation, subornation and procurement of the said J. R., she, the said A. W., afterwards to wit, on the day of, in the year aforesaid, at C. aforesaid, did go in her proper person before the said J. P., being such justice as aforesaid, and then and there having sufficient power and authority to administer an oath and receive the complaint of the said A. W. hereinafter mentioned, and then and there did complain to said justice in writing under her hand, as follows, that is to say: (Here insert the complaint, including the signature :) and the said A. W. was then and there sworn, and took her corporal oath before

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