respect to lesser crimes, the limit of power of the courts to impose fines for misdemeanors, in general, has been somewhat increased,* and many crimes of inferior grade have been left to be punished as misdemeanors, the particular measure of punishment imposed by the existing law, being omitted. 4. To supply prohibitions of acts deserving of punishment, but not punishable by the present law. The progress of society creates new opportunities and new temptations to crime, which require to be met by new provisions of law. The statutes of other jurisdictions have been extensively consulted for provisions which might meet by anticipation new developments of crime; and the effort has been to adapt the Code as fully as possible to the wants of the present time. If the views and purposes above mentioned, had been followed without qualification and restriction in the compilation of the Code, the result would have been quite different from that which has been reached. The Commissioners have, however, in a number of instances, felt restrained from framing provisions of the Code in the manner which has appeared absolutely best, by their sense of the dangers and evils attendant upon hasty innovations upon the existing law. They have, in fact, usually considered, in the first place, the existing statute law of the State relative to each crime, and so far as it has appeared correct and consistent, and was believed to have been approved in practical administration, it has been preserved; such modifications in phraseology being made, as were suitable to render the various sections of the Code as a whole, homogeneous. It has only been where alterations or additions of the law have been felt to be needed, that they have been introduced. Influenced by these considerations, the Commissioners have, in many instances, refrained from *See section 14 of the Code, and the note thereto. omitting a special prohibition of a particular species of act, even though they thought the provision needless for the reason that all acts of that class were embraced in a more general prohibition found elsewhere. Where a statute forbidding a particular species of acts has for years existed along with a general provision impliedly embracing the same cases, there is danger in omitting the special provision, however needless it may be, lest an inference should be drawn from the omission, that the act was designed to be made no longer punishable. Where provisions of existing statutes have been thought unobjectionable in themselves, but useless because embraced in effect in other provisions of a more general character, they have, therefore, in many cases been retained in this draft; in the belief that the omission of them may more safely be made in the ultimate revision of the work, than at present. And it will be found that the bulk of the Code, in its present shape, may be materially reduced without impairing its clearness and efficiency, by a rigid exclusion of particular provisions which are capable of being combined in general ones, accompanied by some enactment which shall prevent the argument that because a former prohibition of an act was omitted from the Code, therefore it must be deemed the intent of the Legislature that it should no longer be punishable. It is to be borne in mind, that the subjects of procedure and evidence in criminal cases, are excluded from the scope of the Penal Code; those topics being embraced in the Codes reported by the commissioners of practice and pleadings. The Penal Code relates chiefly to the enumeration and definition of crimes, and the designation of the kind and measure of punishment to be inflicted for each. The first two titles of the Code, embody some general principles relative to criminal responsibility, which are independent of the distinctions between offenses. The fifteen titles which follow, and which constitute the bulk of the work, are occupied with provisions relative to the various crimes, separately considered. The eighteenth title contains some general provisions concerning the interpretation and application of the preceding portions of the Code. It With these explanations, the work is submitted for examination. As an aid to a critical examination of it, there is appended to this note a TABLE OF THE PRINCIPAL CRIMES HERETOFORE RECOGNIZED IN THE JURISPRUDENCE OF GREAT BRITAIN OR AMERICA. This table is not precisely an index to the Code, though it will serve as such in a measure. is intended as a means of testing the completeness of the provisions reported. It mentions the various crimes described in works on penal law, usually considered authorities in this country. If a crime is provided for by the Code, reference is given to the place where the provision may be found. If no provision has been made, the reason for the omission is briefly indicated. The Commissioners cordially desire that all competent friends of law amendment will contribute the aid of criticism and suggestion towards the future revision of the work. DAVID DUDLEY FIELD. ALEXANDER W. BRADFORD. New York, March, 1864. A TABLE OF THE PRINCIPAL CRIMES, HERETOFORE RECOGNIZED IN THE LAW OF GREAT BRITAIN OR AMERICA, SHOWING WHERE THEY ARE TREATED IN THE PENAL CODE, OR, WHY THEY ARE OMITTED FROM IT. Abandonment of children. This offense is covered by section 332 of the Penal Code. Abduction. This term is commonly used to designate taking a woman and compelling her to marry or to be defiled; accomplished by means of force used either at the taking, or at the marriage or defilement. This offense was made felony by Stat., 2 Hen. VII, ch. 2, and benefit of clergy was taken away by Stat., 39 Eliz., ch. 9. This crime is made punishable in part by section 319 of the Code; but chiefly by sections 326 and 327. Abortion. Using means to procure abortion is covered by section 334. 250. |