| 28. Calumny—false
accusation—injuring a man of
his right, or robbing him of his
good name unjustly and without
proof (See post. [No. 56].) | Imprisonment not less than 1
month, nor more than 5 years,
and condemnation to the public
works; with corporal punishment
if the party receive injury. |
| 29. Rape,—or forcibly,
by associates, threatnings, or
shewing weapons, overpowering
and forcing a woman to submit,
and shamefully abusing her by
rendering her incapable of
opposition. | Imprisonment not less than 3
years, nor more than 12, and
condemnation to the public works. |
| 30. Accomplices aiding in the
commission of a rape. | Imprisonment not less than 5,
nor more than 8 years; and
condemnation to the public works. |
| 31. Forcibly carrying a
person out of the State
without his will, or the
consent of the Magistrate,
enlisting men into foreign
service, &c. | Imprisonment not less than 15
years, nor more than 30 years;
augmented if the criminal is a
natural-born subject. |
| 32. Forcibly, or by
address, secretly carrying
away a Minor past the years
of infancy, under the care of
parents or guardians, &c. | Imprisonment not less than 1
month, nor more than 5 years; if
no injury result—otherwise
imprisonment, not less than 8, nor
more than 12 years, and condemnation
to the public works. |
| 33. Forcibly, and by
address, getting possession of
any woman contrary to her
will, obtaining her consent to
marriage, or shameful debauchery,
and carrying her from her abode; whether
the design is accomplished or not. | Imprisonment not less than 5
years, and not more than 8; and
condemnation to the public works. |
| 34. Forcibly carrying away
a woman known to be bound by
lawful marriage, or under
protection of parents, and
without her consent. | Imprisonment not less than 1
month, nor more than 5 years,
and condemnation to the public works. |
| 35. Accomplices aiding and
assisting. | The same. |
| 36. Unlawful Imprisonment,
or keeping a person in
confinement against his will
and of his own private authority. | Imprisonment not less than 1
month, nor more than 5 years;
augmented in cases of damages. |
| 37. Fraud.—Obtaining the
property of another by stratagem,
with an evil design on his
possessions, honour, or liberty;
forging title deeds or contracts,
or altering the same. | Various, according to the degree
of malignity—in general by
imprisonment not less than 8,
nor more than 12 years; and in
smaller offences, not less than 5
nor more than 8; and condemnation
to the public works. |
| Perjury in a Court of
Justice, assuming a false name,
&c. &c. bearing false witness. | The same. |
| 38. Theft, or taking a
moveable from the possession of
another by fraud, and without
his consent. (See post. [No. 47].) | Imprisonment not less than 1
month, nor more than 5 years, if
unaccompanied by aggravating
circumstances: but in aggravated
cases, imprisonment not less than
5 nor more than 8; or not less
than 8, nor more than 12 years. |
| 39. Accomplices in
Theft.—abettors and
receivers, &c. | Imprisonment not less than 1
month nor more than 5 years, and
condemnation to the public works. |
| 40. Robbery—committed
alone or in company, by using
violence, or forcing a person
to discover effects, on which
the offender has felonious views. | Imprisonment not less than 15
years, nor more than 30; if wounds
ensue, in consequence of the
violence used. And if acts of
cruelty or wounds, occasioning
death, then the punishment of the
chain additional. |
| 41. Incendiary—where one
undertakes an action from which
fire may ensue, or with intention
to prejudice, or cause damage,
with a view to profit by the
disorder that takes place, he
shall be considered as an
incendiary, whether
damage ensues or not. | Imprisonment not less than 8
nor more than 12 years; and
condemnation to the public works:
when the flames have been stifled.
Setting fire to a Camp, Magazine,
Barn, Timber-yard, &c.
from 15 to 30 years; according
to the circumstances of the case. |
| 42. Bigamy—where one
bound by the tie of lawful
matrimony, concludes a second
marriage with another person,
single or married. | Imprisonment not less than 5
nor more than 8 years, or condemnation
to the public works; if the
person with whom the offender
contracts the second marriage was
acquainted with the first.—If
concealed, then imprisonment not
exceeding 12 nor less than 8 years. |
| 43. Misadventure—where
without any ill intention, by
means of poisonous merchandize,
or apothecaries selling
adulterated drugs, any person
suffers danger or injury. | Imprisonment from 1 month
to a year, or condemnation to the
public works, if the offender has
caused any immediate damage;
but if the cause of damage be remote,
imprisonment from a day to 1 month. |
| 44. Damage to man or child,
occasioned by riding or driving
carriages with too much speed;
or injury received by persons
incapable of guarding against
danger, occasioning a wound or
death, which might have been
prevented by due vigilance. | Imprisonment from 1 day to
a month; to be augmented, in
case death or wound should have
resulted from the accident. |
| 45. Breaking Quarantine, &c.
and fabricating false bills of
health. | By a Military Court of
Justice. |
| 46. Actions prejudicial to
health, or nuisance, where the
necessary precautions prescribed
by the laws of health are
neglected in cases of dead
animals, distempers among
cattle, &c. &c. | Condemnation to the public
works, with or without fetters;
either from 1 day to a month, or
from 1 month to a year. |