Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-01-09
DISTRICT COURT.
Az ACT To ALTER THE ACT ENTITLED An
ACT TO AMEND THE CRIMINAL LAW"

tn. same. That tie Ac. catitled Z" An Act to
a,lend the Cri,nnal Law which WAS ratified
on the nineteenth day OF Decemacr, IN tue
wear OF our Lord one ;hou;and eight hundred
and SIX five b.. ani the same Is hereby re
p.aicL in SO iar Is ii i not hereinafter re-
enact !. ...I......
II An assault With intent to commit
rape. is hereby declared TO be felony without
beneii: of clergy.
III With respect to the crimes OF burglary
ana arson. and u all criminal offences, whica
ure G instituted nr aggravated by hvinS COM
rciry,I in dwellay ho'i,cS, any hous:, out
house aoartmen., building erection, saed or
box. in which there steep; II proprietor, ten
ant watchman. clerk, iaoorcr, IL !'erSon who
l,,,..r; ,hsrg. with view to the p:o;e':'i.la ot
,r,,r,tr. shall be deemed q dwelling hu'iS':
and Of such dwelling or of any either
dwelling house. al! houses: out houses. hui'.''
irrs. sheds. and erec.ions, which are wita!ii
Two hrnired warts ui it, AND are appurtenans
70 il. or to the sam. establishment OF which
it is az appartenaace, shal! o- deemed
parc-ls..
". Sealing from the field any erain or
cotton not We: severed fon the freehold Is
hereby ms:e !. felony *i'h benefit "' clergy.
Y. F..r any person to put any oasiracii"'
up m . railroad, or to remove or c'SarrangH
any part Thereof. or to ipjure she machinery
or cars used thereon, or to mi,lea! any ptrSnh
cm,,oyed thereon by false statements Or sig
mails CT in any way to interfere with any part
W .oourtepance thereof, or with any Scned-
Me. opera;;on or use thereof, with wsuten
Indifference to consequences. or with ma
licio;.s intent to do harm to person o. proper
". or to p!uuder, or to delay u tain ior DIS
honest purpose, shall be u felony WITHOUT
benefit of clergy. -, r.
trns. with fraudulent intention Shall be
held guilty. of larceny; and so shall any per
son who shall hire or counsel any OTHER person
70 co:pmi. breach of trust with + auiuie"i
Intention.
VII. Every entry on the enclosed or unen,
closed land of another. after notice rom tht
owner or tenant prohibiting the sane, shall
be deemed miSdemeanor.
VIII. If any person shall directly or indi
rectly purchase any product OF farm irotn
any person who is in the employment o' an
other, engaged in husbandry, without satil
cient evidence of his right 10 sell, The pur,,
chaser shall be guilty OF m'sdeInean9F' and
upon conviction OF any such offence, Shall op
liable to fine not exceeding five hundred
dollars, and 20 suffer imprisonment not e1,
ceedng twelve months and the seller shall
he liable to fine ui least equal TO twice the
value of the product sold and il that be
not Immediately paid, shall suffer impr'soli-
nent in the peni;entia'y at the discretion OF
the Court.
*. The punishment OF felony with benefit
of CLERGY. Tor the first offence, shall at the
discretion OF. the Court be by Ole Or more
OF the following modes, to-wil: confinement
in penitentiarv, wurshouse or penal farm
fwhen such institution shall exis',) for Pc
riod not less than three months nor more
than ten years; with such imposition oil
hard labor and solitary confinement as may
b. directed confinement III tread-m'll or
socks: solitary confinement hard labor;
c)rporal punishment Imprisonment not less
than three months nor more than two years
fine not less than one hundred dollars, nor
more than five thousand dollars.
X. Where no special punishment Is p'o
vided for misdemeanor, it shall according
to its nature and degree be punished at the
discretion of the cour. ty one or more OF the
modes prescribed in the section last preced
inp for 4 felony with benefit Of clergy
XI. Upon view of l-lony committed, or
upon certain information that a felony ha'
been committed, any pe:ion may arrest tn
telon and take him 10 Judge or magistrate,
10 be dealt with according to law.
MI. It shall be lawful for any citizen to
arrest any personsjn The night time, by sucn
efficient means rs the Garkncss aud tue p'o
liability of his escape render necessary, aven
if his life should be thereby taken, in cases
where lie has committed o felony, or has en-
tered dwelling house with evil intent or has
broken, or is breaking into an cut house, with
view to plunder, or las in his possession
stolen property, or being urdcr circumstances
Which raise just suspicion OF his design to
steal or to commit some felony. fees when
he is hailed.
Mi. Wheasocver hereafter any person
shall migrate into this S:atc, and reside here
or exhibit an intention 50 to reside. if his bad
character or his inability to support himself
aud family, shall be made to appear to the
Judge of the District Court, the said Judge
shall, by written warrant, require him to en-
ter, within twenty days thereafter, Into bond
payable to the State, with two treeholders as
sureties. whose sufficieney shall be approved
BY the Clerk of the Courtin penalty of one
thousand dollars, conditioned for his good be
hayior, and for his continued support OF him
self and family. And in case such person
shall fail to give the bond as so required, the
District Judge is hereby authorized and re
ouired, upon complaint and due ;lroof there
of. to issue d warrant commanding such per
son to leave the State within ten DAYS there,
after. And if any such person so ordered to
a.. C.oto ,bol ,ot Hn within the
time prescribed in such warrant. he shall be
guilty of misdemeanor, and, upon conviction
thereof, be liable to fne Imprisonment, cor
poral punshme It aud hard labor, at he ds-
cretion 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 Dis
tr;ct Judge. In such suit, any fine imposed
upon the principal ob'igor and not paid b.
him. and any sums expended ior the support
of himself or his family, under public author
itr. shall be assessed damages, to be col
lected under the j. ment for the penalty o:
the bond, which oil be recovered upon
proof of any brea.u Of the condition. II any
nerson, who shall have been convicted OF airy
Infamous offence in any other State or coun
try. shall come or be brought into this State,
such person, on conviction thereof shall be
sentenced to hard labor, with occasional soli-
tary confinement, for any period not exceed
ng 6fteen years.
XIV. ANY simple larceny Of any article Of
goods, chooses in action, bank bills, bills re-
ceivable, chattels, or any article of personally
of which, uow by law, larceny may be com
mitted, of all dornesticated animals, and ami
mails, and animals .ter0e naturoe which have
any degree been subjected to the control OF
IN any owner, of all growing crops or parts
.lsc &c nll nnnnl nrnGucts uf ihe soil