The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-12-28
A. rs OF THE LEG1s1ArrRE.

ATS OF THE LEGISLATORS.
The following important Act was passed by the
recent Legislature
AMEND THE CRIMINAL Law"
SECTION l. BE 1t enacted by The Senate and House
Of Representatives, met and sitting IN General
Assembly a,d By The authority Of ttc same, That
Law" which was ratified on the nineteenth dly of
December, in tho year of our Lord ono thousand
eight hundred and sixty-fyo, be and the is
reinactcd.
SECTION 2; An assault to commit rape is horcby
declared to l.: q felony without benefit of clergy.
SECTION 3. With respect to the crimes of bur
glary and arson and to al criminal offences which
arc constituted OF aggravated by being committed
ment, building, erection, she'd or Box il, S Which
there sleeps proprietor, tenant, watchman clerk
laborer, or person who lodges there with view to
dwelling house: and Of such M q dVelling hense, CT
OF any other dwelling house, all houses. ont
houses, buildings, sheds and erectons, which are
within two hundred yards Of it, and are appurte-
nant to it, or to the same establishment Of which
1t IS an appurtcnance, shall be deemed parcels.
SECTION 4. Stealing from the field any grain or
cotton not yet severed from the freehold is hereby
mado felony with benefit Of clergy.
. SECTION 8 For any person to put any obstruc-
ton upon Q railroad, or to remove disarrange
any part thereof, or to injure the machinery Or
cars used thereon, or to nl1slead any person en-
ployeu thereon by false statements or Signals. or
IN any way to Interfere with any part or appurte-
nance thereof, or with any schedule operation or
use thereof, with wanton indifference to conse-
quences, or with malicious intent to do harm to
person or property, or to plunder, or to delay
train for dishonest purpose, shall be felony with
out benefit of clergy.
SECTION s. Any person committing a breach of
trust with fraudulent intention, shall be held
guilty OF larceny; and shall any person who
shall hire or counsel any other person to commit
breach Of trust with fraudulent intention.
SECTION Z. Every entry on the enclosed or unen-
closed land Of another, after notice from the owner
or tenant prohibiting the same, shall be deemed a
misdemeanor.
SECTION 8. IF any person shall, directly o. IN
directly, purchase any product Of farm from any
person who is in the employment of another en-
gagged in husbandry, without sufficient evidence of
each be guilty Of q misdemeanor and, upon
convict on Of any such offence, shall be Liable to
fine not exceeding five hundred dollars, and to
and shall be liable to fine at least equal to twice
the value Of the product sold; and Il that be not
ediatoly paid, shall suffer Imprisonment in the
penitentiary at the discretion of Court.
SECTION 8. The punishment Of felony with bene-
1T OF clergy, Tor the first offence shall at the dis
cretion Of the Court, be by one Of the fol-
lowing modes, to wit: confinement in peniten-
tlary, work-house or penal farm (when such insti-
tuition shall exist for period not less than three
months nor more than ten years, with such impo-
sltlon or hard labor and solitary confinement as
may be directed; confinement in tread-min or
stocks; solitary confinement, hard labor corporeal
punishment; imprisonment not less than three
months nor more than two ~ears; fine not less
than one hundred dollars. nor more than f :e
thousand dollars.
SECTION TO-. Where no special punishment is pro
vded for misdemeanor, it shall, according,t it's
nature and degree, be punished, at the discre-
ton Of the Court, BY one or more Of the modes
prescribed IN the section last preceding for a
Felony with benefit of clergy.
SECTION Il. Upon view OF a felony committed, or
upon certain information that felony has been
committed any person may arrest the felon and
take him to a Judge or magistrate, to be dealt
with according to law.
SECTION T. It shall be lawful for any citizen to
cient means the darkness and the probability Of
his escape render necessary, if his life should
be thereby taken, in cases where he has co nmit-
ted felony, or has entered a dwelling house with
evil intent, or has broken or is breaking into an
clubhouse, with a view to plunder, or has in his
possession stolen property, or being under circuma
hailed. Nh
SECTION 13. Whensoever hereafter any person
shall migrate into this State and reside here, or
exhibit intention to reside, if his bad charac-
ter OF his in; bility to support himself and family
shall be made to appear 70 the Judge Of the District
reqnire him to enter within twenty days there
aft r, IN a bond, payable to the State, with two
freeholders as sureties, whose suficiency shall be
approved by the Clerk Of the Court in penalty Of
one Thousand dollars, conditioned for his good be-
haviour, and for his continued support Of himself
end family. And in case such person shall fail to
give the bond as so required, the District Judge is
hereby authorized and required, upon complaint
and due proof thereof, to issue a warrant COM
manding such person to leave the State within
ten days thereafter. And if any such person so
ordered to leave the State, shall not do so within
the time prescribed in such warrant, he shall be
guilty Of misdemeanor, and, upon conviction
thereof, be liable to fine, imprisonment corporeal
punishment and hard labor, at the discretion Of
the Court If the bond aforesaid should be given,
it shall be kept by the Clerk, and suit thereon may
be ordered by the District Judge. In such suit,
any fine imposed upon the principal obligor and
not paid by him, and any sums expended for the
support Of himself or his family, under public ar-
thority, shall be assessed as damages to be COL
lected under the Judgment for the penalty Of the
bond, which shall be recovered upon proof of any
have been convicted of any infamous offence in any
other State or country, shall come or be brought
into this State, such person. conviction thereof
shall be sentenced to transportation beyond the
limits Of this State for ife or to hard labor with
occasional solitary confinement, for any period not
exceeding fifteen years.
SECTION Il. Any simple larceny Of any article Of
good chooses in action, bank bills, bills receivable
chattels or any articles Of personality, of which
now by law larceny may be committed; Of all do
mesticated animals and animals feroe 7aoturR,
which have, in any degree, been subjected to the
control Of an owner of ell growing crops, or parts
thereof; Of all annual products Of the SOIL and Of
all such fixtures and paris Of the soil as were
severed from the soil by unlawful act, below the
value Ct twenty dollars shall be nisdemeanor,
and be considered petit larceny.
DECEMBER II, 1866.
4efa -
We PUBLISH the following letter BY request