Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-14

Aota, 1890 $3.50 SAa SSShSS~
OHi. ,,,,., ..,,d
Chapter l04. Section Inn PITTS no'eu
TO strike ouI Ibis section, which was relec Gu,
No Other amendments being proposed Dooa
81, as amended was agreed 10 BY The Sena'e, aLu
on motion of Mr.. CARLlLE the Senate acloufh'
ed 10 meet al o'clock, A. NJ, balance oil Inc ses-
sion.
HOUSE OF DELEGATES.
Mr. HART moved resolution, The senate
concurring that The House will adjourn ''ns dss
on Monday next, the 18th inst.
Mr. FERGUSON suggested that The reso'c'
ton Tor The present be laid on the liable.
Mr. SYME thought we should act On II d.
once.
MIR HART then moved to lay The resolution D
on The liable, giving notice that ne would CAL Il
up during The day.
The House refused 10 lay the resolution on
The table, and il was agreed 10, ayes IL, noes -
Mr. BASEL having called the previous ques
lion, and Mr.. EDWARDS asked The ayes and
noes.
The House, lhen took up The filth part oil The
Code, viz: the Criminal Code. on us second
rea.ing. IL was read by titles, chapters ana sec
lions-which, il not objected 10, were passed on
Tulc 81. Crimes anu punshments.
Chapel 100. OF offences against the soVer-
eigniy Of the Stale.
Chapter 1871. OF homicide. and other offences
against The person.
MIR MONCURE OF S. moved TO strike out the
9Th section imposing inc (Sl00) and imprlson.-,
menI Zone year, on any free woman who shall
conceal The death Of any issue OF Der body, SO
tina, il may not be known whether such issue
was born alive or not, or whether il was mol
murdered, NC.
Mr. NJ. had thought The provision judicious-
but as he heard il would produce objection here
and in the Senate he would move 10 strike ii
Out, 10 save discussion.
Mr. FERGUSON thought the provision
wise one, as il would prevent woman from Sc
cfelly numbering her infant, and hoped il would
not be stricken out.
Mr.. PERRCW thought il should be stricken
out, as il might lead 10 the most unjust and dan
gerous prosecutions.
Mr.. SMITH sustained The section.
Mr.. BASEL called The previous question
and Mr.. FERGUSON asked The ayes and noes
on the motion 10 strike out, which was decided IN
the negative, ayes "a, noes AZ.
Section Is, on Rape, abduction" &C., reads
thus:
Ill any white person carnalIy know female Of
the age oil Twelve years or more, against her VIII,
by force, menace or fraud, or carnally know
female child under thai age, be shall be confined
in The PeniIenliary NOT less than len, nor more
than twenty years"
MIR. MAYO moved 10 strike ont the words
"menace or fraud" lie though, The word fraud
loo general and calculated IL produce different
constructions in different counties and 10 encour'
age female in false prosecutions. The tIaudu.
lent act should be clearly SET forth in Criminal
Code.
Mr.. MONCURE Of 8. said the words were
designed 10 cover a number OF cases 10 which the
RcvIsors had referred; but, as the word "iraud''
was general and light lead 10 mischievous con-
sluclion he would acquiesce in striking Out The
words "menace or fraud" TO which The House
agreed, AZ 10 "a.
Chapter 1872 OF offences against property.
Sec. %, reads thus: nj any officer or clerk oil
any bank or Join, stock company, make, alef,
or omit 10 make any entry in any account KEPT
in su. bank or by such CT mpany, win intent
in SO doing TO conceal The true stale OF such &C.
count, or 10 Geffaud The said bank or company,
or to enable or assist any person 10 oh;ain money
to which he was not entitled, such tiilcer or clerk
shall be confined in The penilenllafy not less 1han
two, nor more lE2n ten years"
MIR MAYO moved 10 strife oul The words
Cor john stock company" so as 10 CONNIE IL 10
banks; The application 10 which was made emil
nenly proper by a recent memorable case. Mr.
M. said il would he improper 10 punish a mere
boy clerk in joint stock company, VINO may
design 10 deiraud he company oil dollar or 70
cents, to The same extent az an adrlt clerk IN
Bank, who embezzes thousands OF dollars In
Banks no boys are employed, while they are OIL
len employed in other companies.
Mr. WATSON thought the section should be
so amended as 10 nAict The same penalty on
adult clerks in joint stock companies as well as
10 Banks.
Mr. PERROW thought The whole section
should be stricken out as il might lead 10 ihIufl'
Gus results.
Mr. h1AYOS motion was lost.
MIR MAYO then moved 10 apply The section
10 officers and clerks tower The age OF ID"
MIR RlVES was opposed 10 the amendment, as
he thought a young man, under 10 years OF age
who was Competent TO do business, should be
held responsible.
The amendment was lost
Mir MAYO moved TO amend the section on
"ob,ainng money BY false prelences whereup-
on MIR MONCURE Of S, moved substitute,
which was accepted by MIR. MAYO, providing
Tor The cases, constituting either grand or pen!
larceny. 1t was adopted.
Chap, l93-Of Forgery
Chap. I9l-Oi offences against public justice,
(perjuTy, bribery, &c.)
MIR FERGUSON moved TO amend The 23l
section, So as 10 impose fine oil SoOO on any
person who shall atsmpt 10 procure, as well as
any person who shall procure, juror TO be sum
moned, with intent that such Juror shall hnd a
yi.dicl for or against either party. Carried.
Chap $500 offences against The peace.
Chapt 1906 offences against morality and
decency.
Mr. HARRISON Of L, suggested that The Isl
section on Polygamy was 100 broad IN lis Terms,
and submitted substitute, which, after some dis
cussIon between Messrs Fl and MAYO, was re-
jecled.
Mr.. MONCURE OF s., 10 meet the difficulty,
moved substitute, which was adopted, as follows:
"Any white person being married, who, during
The lille OF the former husband or vile, shall mar
nv another person 10 This Stale; or, il the mar
rage with such other person lake place ouI oil
the Stale shall thereafter cohabil with such other
person in Ibis Sale, shall be confined in The Penl.
lenliary NOT less than ole nor more than i've
years"
The 4lh section on Marriage within prohibit
ed degrees" reads as follows:
"lt a man and his wife's sister inlermarry with
each other in This State, or leave the State with
intent so to inlermarIy and return and reside
therein, cohabing as man and wife, they shall
be deemed guilty Of misdemeanor."
Mr.. PERROW said these marriages were not
made void by the civil code, and he moved 10
strike on, this section, which was done.
Tie 7th section reads:
AT a flee person commit adultery or lofnica-
lion he shall be fined rot less than 800"
MIR. PERROW moved 10 strike il out, as ne
did not know OF any cases Of prosecution. Lost
by large majority. ,,,
IA message from The Senate by Mr.. AMBLER
that they had appointed committee OF confer
ence upon the dsagreemens between the Two
Houses as 10 the ID pa7t OF the Code and asking
a committee OF conference on the part oil The
House
MIR. FERGUSON moved 10 amend the 9Th
section SO as 10 6ne not less than $50 any white
persons who shall lewdly and lasciviously Use
together instead OF 'eohobit" together, as in Code
This motion was sustained by Messrs F. and
PER9OW, opposed by Messrs. MAYO and
SCOTT, and los'.
Mr.. HOWARD OF Floyd moved TO amend The
18th section SO as TO punish "violaIion OF Sc.
puure" by confinement 10 The Penilentary 10.
stead OF in The Jail. Lost.
Mr. MAYO moved new section, which was
adopted as follows: mo forfeiture shall be in
~ f,rr bo