The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1836-05-25

put cnieuy tHOsc DOtlceu Dy our statutes and
some of the most important only of the of.
fences at common law.
ist. Those against private property are,
larceny or theft, which may be either a
simple felonious taking and carrying away
of the personal goods of another, or it may
be mixed with circumstances of aggravation,
as when the goods are taken from once
house. or 0ifhout force from his person.
And generally if the possession of personal
property be gained with the Intention of
stealing, it will be such a taking as with
sufficient carrying away will amount to the
crime of flarceny. The other offences a.
galnsts private property noticed by the stat
ute are chiefly included under the con,pre-
hensice phrase of malicious mischief viz.
wrongfully burning or destroying any dwell
ling-house, barn, warehouse, shop, mill,
clubhouse, any public building, or other
building whatever, or the frame of any such
building; Except where in the case of burn
ing it shall amount 10 arson at common
law j and the wifulIy and malcously
burning any stacks of corn, hay, grain,
straw, cornstalks or husks, flax, fences.
piles Of wood, boards, timber, or other lum-
ber;-and dismembering, killing, destroy
ing or wounding the beasts of another, when
any such act proceeds from malice or re-
vengc TO the owner of the animal. And
under this head may be placed the offence
OF clandestinely taking and carrying away,
corn or fruit from any field, garden or or
chard, without the privity or consent of the
owner, or destroying any trees, roots, fruits.
or other vegetables growing in any garden
or orchard, without the permission of the
owner.
I'd. Offences against public justice are,-
receiving stolen properly knowing it to be
such,-joining in a conspiracy, which is de-
fined to be confcderacy to do unlawful
acts, or such as are prejudicial to tho COM
munity,-Champerty, which is a bargain
with plaintiff or defendant to divide the
matter in suit between them if they pre-
vail, and the champertor manages the par
tvs suit or defence at his own expense,
Maintenance, Which is an oflicious inter-
meddling in suit, assisting u party with
money to prosecute or defend, d,-Barratry,
or the stirring up of suits and quarrels at
law or herwlse,-Embracary, or an at
tempt to influence jury corruptly,-Ex-
tortion, or unlawfully taking by color of
office, what is not due,-more than is due,
orbefore itisdue e,-exercising office without
authority ,-obstructing officers in the exc
cution of their office,-rescuing convicts,-
voluntary escape Of any prisoner, also neg
ligent escape of any person accused or con-
vcted of crime suffered by any jailor or
prison keeper,-convcying Instruments to
prisoners whereby they may be enabled to
escape and escaping from prison of con-
victs by their own act, or in the breach Of
prison by themselves.
Sd. Another class of offences consists of
those that are against the persons of ihdl-
viduals,-and the statute TO reform the PEN
al laws contains but few of the common
law offences, in our jurisdiction, and these
are assault and ba,tery,-assault with
intent to commit murder, rape, sodomy,
burglary, or robbery, and concealipg the
death of illegitinate chldren,-but at CON-
mon law we have under this head, false
Imprisonment, kidnapping &c.
4th. Another class of offences embraces
those against the public police and econo-
my, such as common nuisances, nuisances
in highways, neglecting of towns to repair
highways, violation Of the sanctuary of The
dead, violation of the laws relating to the
retailing of strong liquors, without license
first had and obtained from the town-coun-
Gil.
5th. In the next class, viz. against relig- |
ion and morality we have, adultery, bigamy
polygamy and btasphemy,-these are all
offences at common law and are sanctioned !
also by the statute; 4; blasphemy consists in
denying the being or providence of the Al
mighty, or in contumelious reproaches of
Christ. The statute leaves the offence to
be defined by the common law and in ac-
cordance with the fundamental laws Of the
state. And it may be a question whether
in order to constitute this offence, in this
state, it must not be attended by an actual