Chapter 195. Owners of saw mills liable in cer tain cases. mills non-resi held liable for damages. an Act entitled "An Act Relative to indictments," approved February sixteenth (16), eighteen hundred and fifty-five (1855), shall apply to such informations in the same manner as if they were indictments. (5933.) Sec. 7. If any person, being the owner of or having any interest in any saw mill, shall, by himself, his agent or servant, use the same in sawing or manufacturing any logs, timber, or lumber, so unlawfully cut down or destroyed, taken and carried away, or shall, by himself, his agent or servant, receive the same for the purpose of so sawing or manufac turing the same, at such mill, knowing the same to have been so cut down or destroyed, or taken and carried away, he shall be deemed guilty of felony, and shall be punished as first mentioned in this act, and shall be proceeded with in the same manner, and with the same effect in all respects, as if charged with the offence first mentioned in this act. In case the In case owner of Owner, owners or managers of any saw mill used for the dent, mills to be purpose of manufacturing timber, thus unlawfully obtained, into lumber, shall be a nonresident or nonresidents of this State, the mill or mills, lands and personal property of such nonresident owners, lessees or holders under a mortgage, which property shall be proven to be used or engaged in the unlawful removing of timber from the public or private lands of this State, such property or real estate shall be holden as immediately and directly liable for any and all damages sustained by its unlawful use for purposes aforesaid. Upon proof thereof, the Court of competent jurisdiction may forthwith direct the Sheriff of the County to take such property or estate into custody, or demand sufficient security therefor, to cause it to abide the decision of the case by due course of Bauble damages. law. The damages shall be appraised at not less than double the amount of the market price of the lumber at the mill, which the timber thus unlawfully taken was capable of Hale of Mills on affording. Upon a rendition of judgment and issue of execu tion, relating to the property or estate of such nonresidents, mill owners or parties in interest thereto, the Sheriff shall proceed, in default of other payment, to sell the same or a sufficient portion thereof to satisfy the execution committed to him, as provided in other cases by law for sales of real or personal estate on execution. Execution. Duties of Attor ney having (5934.) SE. 8. It shall be the duty of any attorney having charge of prose charge of any prosecution under this act, to make diligent enquiry for the party accused, and endeavor to cause him to cutions. be arrested and tried without unnecessary delay; and whenever he shall be satisfied that the accused is not within the State, but is liable to be demanded by the Governor of this State as a fugitive from justice, he shall report the fact to the Governor, and transmit to him a copy of the indictment, or of the informa tion and affidavit, duly authenticated under the seal of the Court, in order that the Governor may demand such fugitive as provided in any act of Congress. how paid. (5935) SEC. 9. All fees and costs accruing under this act, Fees and costs 1 after being duly taxed as required in other criminal cases in the Circuit or District, Court, and certified to be correct and just by the judge thereof. shall be paid by the State Treasurer on the warrant of the Auditor General, to whom the taxed bill shall be delivered, out of the primary school fund, when the offence prosecuted shall relate to primary school lands, and out of the proceeds of the sales of the swamp lands, when it relates to said lands; and all fines collected under this act shall be paid to said State Treasurer and treated as a part of the primary school fund or the swamp land fund as the case may be. And whenever the attorney prosecuting the offence, shall make and forward an affidavit to the Auditor General, naming any particular person as the informer, by whose When part fine diligence the accused was detected and convicted, the Auditor informer. General shall, on the application of such person, his executor or administrator, draw his warrant on the State Treasurer in favor of such person for one half the amount of the fine collected in the case where he was such imformer, which warrant shall be paid by said Treasurer out of the moneys collected for such fine. may be paid to affect trespassed ted (5936.) SEC. 10. This act shall not be construed to affect any This Act not to offence or trespass already committed on or concerning any already commitsuch lands, nor the right of the State to prosecute or sue for the same; but such prosecutions or suits may be instituted and shall proceed and have the same effect as if this act had not been passed. This act is ordered to take immediate effect. CHAPTER CXCII. GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS. SECTION 5937. Accessories before the fact to felony pun- 5938. Accessories before the fact, how indicted. 5941. How such person tried. 5942. Offence on boundary of two Counties. 5 48. Convicts before sentenced. 5949. Convicts twice before sentenced. SECTION 5950. Benefit of clergy, etc., abolished. 5951. Prosecution by appeal, for murder, etc., abolished. 5952. How Jury may find when offence consists of different degrees. 5953. Defendant once acquitted, etc., not to be tried thereafter for a different degree of the same offence. 5954. "Felony" defined. 5955. "Felonious" and "Feloniously" defined. 5956. "Personal property" defined. 5957. "Property" defined. 5958. Offences indictable at Common Law, how punished when no other provision is made, etc. Mass. R. 8., Ch. 133. R. S. of N. Y., Part fore the fact to felony punished Chapter One Hundred and Sixty-One of Revised Statutes of 1846. Title 7, Chap. 1, (5937.) SECTION 1. Every person who shall be aiding in the Accessories be- commission of any felony, or shall be accessory thereto before same as princi the fact, by counseling, hiring, or otherwise procuring such felony to be committed, shall be punished in the same manner which is or shall be prescribed for the punishment of the principal felon. pals. Accessories bo- (5938.) SEC. 2. Every person who shall counsel, hire, or fore the fact, how otherwise procure any felony to be committed, may be indicted indicted. 16 Mass., 423. and convicted as an accessory before the fact, either with the principal felon, or after the conviction of the principal felon, or he may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been convicted, or shall or shall not be amenable to justice, and in the last mentioned case, may be punished in the same manner as if convicted of being accessory before the fact. (a) sions relative to person not rela"the escape of (5939.) SEC. 3. Any person charged with the offence men- Further provi tioned in the preceding section, may be indicted, tried and the same. convicted in the same County where the principal might be indicted and tried, although the offence of counseling, hiring or procuring the commission of such felony, may have been committed on the high seas, or on any other navigable waters, or on land, either within or without the limits of this State. (5940.) SEc. 4. Every person not standing in the relation of Punishment of husband or wife, parent, or grand parent, child or grandchild, tive for aiding brother or sister, by consanguinity or affinity, to the offender, felen. who, after the commission of any felony, shall harbor, conceal, maintain or assist any principal felon, or accessory before the fact, or shall give such offender any other aid, knowing that he had committed a felony, or had been accessory thereto before the fact, with intent that he shall avoid or escape from detection, arrest, trial or punishment, shall be deemed an accessory after the fact, and shall be punished by imprisonment in the State prison not more than seven years, or in the County jail not more than one year, or by fine not exceeding one thousand dollars. tried. (5941.) SEC. 5. Every person who shall have become an now such person accessory after the fact to any felony, may be indicted, convicted and punished, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, by any Court having jurisdiction to try the principal felon, and either in the County where such person shall have become an accessory, or in the County where such principal felony shall have been committed. dary of two Coun (5942.) SEC. 6. Any offence committed on the boundary of Offence on bountwo counties, or within one hundred rods of the dividing line ties. between them, may be alleged in the indictment to have been committed, and may be prosecuted and punished in either county. ry in another County. (5943.) SEC. 7. If any mortal wound shall be given, or other Death from injuviolence or injury shall be inflicted, or any poison shall be administered in one county by means whereof death shall ensue in another county, the offence may be prosecuted and punished in either county. (a) e the Fifth and Nineteenth Sections of the Act of May 16, 1855, in Chapter One Hundred and Ninety-Five. Or on the High Embezzlement and evidence. property embez zled. 1 Mass., 476. 14 do. 217. (5944.) SEC. 8. If any such mortal wound shall be given, or other violence or injury shall be inflicted, or poison adminis tered on the high seas, or on any other navigable waters, or on land, either within or without the limits of this State, by means whereof death shall ensue in any county thereof, such offence may be prosecuted and punished in the County where such death may happen. (5945.) SEC. 9. In any prosecution for the offence of embezzling the money, bank notes, checks, bills of exchange, or other securities for money, of any person, by a clerk, agent or servant of such person, it shall be sufficient to allege generally in the indictment, an embezzlement of money to a certain amount, without specifying any particulars of such embezzlement, and on the trial, evidence may be given of any such embezzlement committed within six months next after the time stated in the indictment; and it shall be sufficient to maintain the charge in the indictment, and shall not be deemed a variance, if it shall be proved that any money, bank note, check, draft, bill of exchange, or other security for money, of such person, of whatever amount, was fraudulently embezzled by such clerk, agent or servant within the said period of six months. Ownership of (5946.) SEC. 10. In the prosecution of any offence committed upon or in relation to, or in any way affecting any real estate, or any offence committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it be proved on the trial, that at the time when the offence was committed, either the actual or constructive possession, or the general or special property, in the whole or in any part of such real or personal estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof. Attempts to commit crimes. 3 Cushing, 529. (5947.) SEC. 11. 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, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows: 1. If the offence attempted to be committed is such as is punishable with death, the person convicted of such attempt |