Chap. 66.—An ACT to amend and re-enact section 14, chapter 2, sec-
tions 5, 6, 7, 12, 18, 25, and 27, chapter 3; sections 10, 24, and 27,
chapter 10; and section 22, chapter 18 of the criminal code, 1878,
and to repeal section 29, chapter 10, and section 12, chapter 250f said
criminal code, and all acts and parts of acts relating to punishment
by stripes, and to substitute other forms of punishment therefor.

Approved April 21, 1882.

1. Be it enacted by the general assembly, That section
fourteen of chapter two of the criminal code, approved March
fourteenth, eighteen hundred and seventy-eight, be amended
and re-enacted so as to read as follows:

§ 14. If any person threaten injury to the character, per-
son, or property of another person, or accuse him of any
offence, and thereby extort money or pecuniary benefit, he
shall be confined in the penitentiary not less than three nor
more than five years, unless the money or pecuniary benefit
be of less value than one hundred dollars, in which case he
shall be punished by fine not exceeding fifty dollars, to be
fixed by the jury, and imprisonment in the county jail not
exceeding six months, in the discretion of the jury.

2. Be it further enacted, That sections five, six, seven,
twelve, thirteen, twenty-five, and twenty-seven of chapter
three of the said criminal code, be amended and re-enacted
so as to read as follows:

§ 5. If a person maliciously burn any building, the burning
whereof is not punishable under any other section of this
chapter, he shall, if the building, with the property therein,
be of the value of one hundred dollars or more, be confined
in the penitentiary not less than three nor more than ten
years; and if it be of less value, be so confined not less than
two nor more than five years.

§ 6. If a person maliciously burn any bridge, lock, dam or
any ship, boat, vessel, or river craft, he shall be confined in
the penitentiary not less than one nor more than ten years,
in the discretion of the jury.

§ 7. If any person unlawfully and maliciously set fire to
any woods, fence, grass, straw, or other thing capable of
spreading fire on lands, he shall be fined not less than five
nor more than one hundred dollars, and be confined in jail
not less than one month nor more than six months, in the
discretion of the jury.

§ 12. If a person do any of the acts mentioned in the pre-
ceding section, with the intent to commit larceny, or any
felony other than murder, rape, or robbery, he shall be con-
fined in the penitentiary not less than two nor more than ten
years, or at the discretion of the jury, may be confined in the
county or corporation jail, not exceeding twelve months, and
fined not exceeding five hundred dollars.

§ 13. lf any person steal from the person of another, money
or other thing, of the value of five dollars or more, he shall
be guilty of grand larceny, and be confined in the peniten-
tiary for a period not less than one nor more than ten years.
If any person commit simple larceny, not from the person of
another, of goods and chattels, he shall, if they are of the
value of fifty dollars or more, be deemed guilty of grand
larceny, and be confined in the penitentiary not less than one
nor more than ten years; and if they be of less value than
five dollars in the first case, or fifty dollars in the last, he shall
be deemed guilty of petit larceny, and shall be punished by
confinement in the county or corporation jail, not less than
fifteen days nor more than six months. But any person who
shall be guilty of the larceny of a horse, mule, or ass, shall be
punished by confinement in the penitentiary for a period of
not less than three nor more than eighteen years.

§ 25. If a person obtain by any false pretence or token
from any person, with intent to defraud, money or other
property, which may be the subject of larceny, he shall be
deemed guilty of the larceny thereof; or if he obtain, by any
false pretence or token, with such intent, the signature of
any person to a writing, the false making whereof would be
forgery, he shall be confined in the penitentiary not less than
one nor more than five years.

§ 27. If a person maliciously administer poison to, or
expose it with intent that it should be taken by any horse,
cattle, or other beast of any person; or if he poison his own
horse, cattle, or other beast, for the purpose of defrauding
any insurer thereof, he shall be confined in the penitentiary
not less than one nor more than ten years.

3. Be it further enacted, That sections ten, twenty four,
and twenty-seven of chapter ten of the said criminal code.
he amended and re-cnacted so as to read as follows:

Google
§10. Every person who attempts to commit an offence, and
in such attempt does any act towards its commission, shall,
where not otherwise provided, be punished as follows: If the
offence attempted, be punishable with death, the person mak-
ing such attempt, shall be confined in the penitentiary not
less than two nor more than five years, except that in cases
of attempt to commit rape, the term of confinement in the
penitentiary shall be not less than three nor more than
eighteen years. If it be punishable by confinement in the
penitentiary, he shall be confined in jail not less than six nor
more than twelve months. If it be punishable by confine-
ment in jail or fine, he shall be confined in jail not more than
six months, or fined not exceeding one hundred dollars; but
if the attempt be to commit grand or petit larceny, he shall
be fined or imprisoned, at the discretion of the jury, not less
than fifteen days, nor more than six months.

§ 24. In all cases of conviction for misdemeanor, the jury
or justice trying the case, shall ascertain the punishment,
where the same is not fixed by law: provided that no fine
shall be assessed by a court at less than five dollars, or by a
Justice of the peace at less than two dollars and fifty cents,
unless otherwise provided by law.

$27. When a person is convicted of petit larceny, and it
is alleged in the indictment on which he is convicted, and
admitted, or by the jury or justice of the peace before whom
he is tried, found that he has been before sentenced in the
United States for the like offence, he shall be confined in jail
not less than thirty days nor more than one year; but fora
third or any subsequent offence, he shall be sentenced to the
penitentiary for not less than one nor more than two years.

4. Be it further enacted, That section twenty-two of chap-
ter eighteen of the said criminal code, be amended and
re-enacted so as to read as follows:

$ 22. No capias to hear judgment shall be necessary in any
prosecution for a misdemeanor, but the court may proceed to
judgment in the absence of the accused; and if such judg-
ment requires imprisonment, the court may make such order
as may be necossary for the arrest of the person against
whom such judgment is, and for the execution of the judg-
ment. The proceedings upon such order shall conform, as
nearly as may be, to those upon a capias to hear judgment,
and all officers charged with its execution shall have the
same powers and duties, and be subject to the same responsi-
bilities as provided by law in the case of a capias to hear
judgment.

5. And be it further enacted, That section twenty-nine,
chapter ten, and section twelve, chapter twenty-five, of the
criminal code of eighteen hundred and seventy-eight, and all
other acts and parts of acts, so far as they relate to punish-
ment by stripes, be and the same are hereby repealed.

6. Whenever under any section of this act a criminal is
sentenced to confinement in the county jail, he may in
lieu of such confinement, in the discretion of the court, be
compelled to work on the public roads of the county in such
manner and under such regulations as the judge of the court
may determine, for such number of days as he may have
been sentenced to confinement. a,

7. This act shall be in force from and after the first day of
May, eighteen hundred and eighty-two.

Chap. 66.—An ACT to amend and re-enact section 14, chapter 2, sec-
tions 5, 6, 7, 12, 18, 25, and 27, chapter 3; sections 10, 24, and 27,
chapter 10; and section 22, chapter 18 of the criminal code, 1878,
and to repeal section 29, chapter 10, and section 12, chapter 250f said
criminal code, and all acts and parts of acts relating to punishment
by stripes, and to substitute other forms of punishment therefor.

Approved April 21, 1882.

1. Be it enacted by the general assembly, That section
fourteen of chapter two of the criminal code, approved March
fourteenth, eighteen hundred and seventy-eight, be amended
and re-enacted so as to read as follows:

§ 14. If any person threaten injury to the character, per-
son, or property of another person, or accuse him of any
offence, and thereby extort money or pecuniary benefit, he
shall be confined in the penitentiary not less than three nor
more than five years, unless the money or pecuniary benefit
be of less value than one hundred dollars, in which case he
shall be punished by fine not exceeding fifty dollars, to be
fixed by the jury, and imprisonment in the county jail not
exceeding six months, in the discretion of the jury.

2. Be it further enacted, That sections five, six, seven,
twelve, thirteen, twenty-five, and twenty-seven of chapter
three of the said criminal code, be amended and re-enacted
so as to read as follows:

§ 5. If a person maliciously burn any building, the burning
whereof is not punishable under any other section of this
chapter, he shall, if the building, with the property therein,
be of the value of one hundred dollars or more, be confined
in the penitentiary not less than three nor more than ten
years; and if it be of less value, be so confined not less than
two nor more than five years.

§ 6. If a person maliciously burn any bridge, lock, dam or
any ship, boat, vessel, or river craft, he shall be confined in
the penitentiary not less than one nor more than ten years,
in the discretion of the jury.

§ 7. If any person unlawfully and maliciously set fire to
any woods, fence, grass, straw, or other thing capable of
spreading fire on lands, he shall be fined not less than five
nor more than one hundred dollars, and be confined in jail
not less than one month nor more than six months, in the
discretion of the jury.

§ 12. If a person do any of the acts mentioned in the pre-
ceding section, with the intent to commit larceny, or any
felony other than murder, rape, or robbery, he shall be con-
fined in the penitentiary not less than two nor more than ten
years, or at the discretion of the jury, may be confined in the
county or corporation jail, not exceeding twelve months, and
fined not exceeding five hundred dollars.

§ 13. lf any person steal from the person of another, money
or other thing, of the value of five dollars or more, he shall
be guilty of grand larceny, and be confined in the peniten-
tiary for a period not less than one nor more than ten years.
If any person commit simple larceny, not from the person of
another, of goods and chattels, he shall, if they are of the
value of fifty dollars or more, be deemed guilty of grand
larceny, and be confined in the penitentiary not less than one
nor more than ten years; and if they be of less value than
five dollars in the first case, or fifty dollars in the last, he shall
be deemed guilty of petit larceny, and shall be punished by
confinement in the county or corporation jail, not less than
fifteen days nor more than six months. But any person who
shall be guilty of the larceny of a horse, mule, or ass, shall be
punished by confinement in the penitentiary for a period of
not less than three nor more than eighteen years.

§ 25. If a person obtain by any false pretence or token
from any person, with intent to defraud, money or other
property, which may be the subject of larceny, he shall be
deemed guilty of the larceny thereof; or if he obtain, by any
false pretence or token, with such intent, the signature of
any person to a writing, the false making whereof would be
forgery, he shall be confined in the penitentiary not less than
one nor more than five years.

§ 27. If a person maliciously administer poison to, or
expose it with intent that it should be taken by any horse,
cattle, or other beast of any person; or if he poison his own
horse, cattle, or other beast, for the purpose of defrauding
any insurer thereof, he shall be confined in the penitentiary
not less than one nor more than ten years.

3. Be it further enacted, That sections ten, twenty four,
and twenty-seven of chapter ten of the said criminal code.
he amended and re-cnacted so as to read as follows:

Google
§10. Every person who attempts to commit an offence, and
in such attempt does any act towards its commission, shall,
where not otherwise provided, be punished as follows: If the
offence attempted, be punishable with death, the person mak-
ing such attempt, shall be confined in the penitentiary not
less than two nor more than five years, except that in cases
of attempt to commit rape, the term of confinement in the
penitentiary shall be not less than three nor more than
eighteen years. If it be punishable by confinement in the
penitentiary, he shall be confined in jail not less than six nor
more than twelve months. If it be punishable by confine-
ment in jail or fine, he shall be confined in jail not more than
six months, or fined not exceeding one hundred dollars; but
if the attempt be to commit grand or petit larceny, he shall
be fined or imprisoned, at the discretion of the jury, not less
than fifteen days, nor more than six months.

§ 24. In all cases of conviction for misdemeanor, the jury
or justice trying the case, shall ascertain the punishment,
where the same is not fixed by law: provided that no fine
shall be assessed by a court at less than five dollars, or by a
Justice of the peace at less than two dollars and fifty cents,
unless otherwise provided by law.

$27. When a person is convicted of petit larceny, and it
is alleged in the indictment on which he is convicted, and
admitted, or by the jury or justice of the peace before whom
he is tried, found that he has been before sentenced in the
United States for the like offence, he shall be confined in jail
not less than thirty days nor more than one year; but fora
third or any subsequent offence, he shall be sentenced to the
penitentiary for not less than one nor more than two years.

4. Be it further enacted, That section twenty-two of chap-
ter eighteen of the said criminal code, be amended and
re-enacted so as to read as follows:

$ 22. No capias to hear judgment shall be necessary in any
prosecution for a misdemeanor, but the court may proceed to
judgment in the absence of the accused; and if such judg-
ment requires imprisonment, the court may make such order
as may be necossary for the arrest of the person against
whom such judgment is, and for the execution of the judg-
ment. The proceedings upon such order shall conform, as
nearly as may be, to those upon a capias to hear judgment,
and all officers charged with its execution shall have the
same powers and duties, and be subject to the same responsi-
bilities as provided by law in the case of a capias to hear
judgment.

5. And be it further enacted, That section twenty-nine,
chapter ten, and section twelve, chapter twenty-five, of the
criminal code of eighteen hundred and seventy-eight, and all
other acts and parts of acts, so far as they relate to punish-
ment by stripes, be and the same are hereby repealed.

6. Whenever under any section of this act a criminal is
sentenced to confinement in the county jail, he may in
lieu of such confinement, in the discretion of the court, be
compelled to work on the public roads of the county in such
manner and under such regulations as the judge of the court
may determine, for such number of days as he may have
been sentenced to confinement. a,

7. This act shall be in force from and after the first day of
May, eighteen hundred and eighty-two.