sheriff, constable, or select man where such assembly shall be, and such other person or persons as he shall command to assist him, shall be, and are hereby authorized and required to seize and apprehend such persons so unlawfully and riotously continuing together, after proclamation made as aforesaid, and forthwith to carry the persons, so apprehended, before some justice of the peace, in order to their being proceeded against according to law.* ed. SECT. 61. And if any of the persons so unlawfully Magistrates, and riotously assembled, shall be killed, wounded, or &c. indemnifihurt in the dispersing, apprehending, or endeavoring to disperse or apprehend them, by reason of their resisting the persons so dispersing or endeavoring to disperse or apprehend them, every justice of the peace, sheriff, deputy sheriff, constable, and select man, and all persons aiding them, or any of them, shall be freed, discharged and indemnified, as well against the public, as against every person, and all persons whatsoever, of and from such killing, wounding or hurting of any person or persons so unlawfully and riotously assembled. SECT. 62. And if any person or persons so unlaw- Not dispersing fully and riotously assembled as aforesaid, shall not, after proclama. after proclamation made as before provided, immediately disperse themselves and peaceably depart to their habitations, or to their lawful business, or having so assembled as aforesaid, shall do any unlawful act against any man's person, possession or property, or against the public interest in any particular, in manner aforesaid; every such person so offending, being thereof duly convicted, shall be punished by a fine not exceeding sixty-seven dollars, or by imprisonment in a common jail not exceeding six months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SECT. 63. If any person or persons shall, with force Obstructing and arms, wilfully and knowingly oppose, obstruct, or proclamation. in any manner let, hinder, or hurt any person, or persons who shall go, attempt, or begin to make proclamation against riot, as aforesaid; every such person, so offending, being thereof duly convicted, shall be punished by a fine not exceeding sixty-seven dollars, or by imprisonment in a common jail, not exceeding six months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SECT. 64. If any persons, so being unlawfully and Not dispersing riotously assembled to the number of three or more, to after proclama 4 C. R. 111. tion hindered. whom proclamation should or ought to have been made, if the same had not been hindered as aforesaid, shall continue together, and not immediately disperse themselves after such let, or hindrance so made, having knowledge thereof; every such person, so offending, being thereof duly convicted, shall be punished by a fine not exceeding sixty-seven dollars, or by imprisonment in a common jail not exceeding six months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. Destroying erty in the SECT. 65. If any person or persons, in the night seaturnpike prop-son, or in a riotous and tumultuous manner, or being armed or disguised in their persons, dress, or appearance, shall break, destroy, pull down, remove, or in any way or manner, injure any gate, toll house, or fence erected across any highway to prevent the passing by any gate belonging to any turnpike company in this state, or to any company incorporated for supporting any toll bridge in this state; every such person, so of fending, being thereof duly convicted, shall pay a fine not exceeding one hundred dollars, nor less than twenty dollars, and suffer imprisonment in a common jail, for a term not exceeding six months, nor less than two months. bridge; fireengine; milldam, &c. machinery ; beast; Setting on fire SECT. 66. If any person shall wilfully and maliciousany woods, &c. ly set on fire, or cause to be set on fire, any woods, or forest, or any stack, or stacks of hay, or grain, so as thereby to occasion injury to any other person; or shall Injuring public wilfully and maliciously break down, destroy, or injure any public bridge; or shall wilfully and maliciously injure, or destroy any fire engine, or hose; or shall wilfully and maliciously injure, or destroy any mill-dam, or hydraulic works; or shall wilfully and maliciously injure, or destroy any machinery attached to any mill, manufactory, or steam boat; or shall wilfully and maliciously kill, wound, or disfigure any horse, ass, mule, or neat cattle, or administer any poison, or noxious substance to any such horse, ass, mule, or neat cattle, with an intent to kill, or injure the same; or shall 'wilfully and maliciously cut, injure, or destroy any woollen, cotton, linen, or mixed cloths, in any stage or process of manufacture; every such person, so offending, shall be punished by fine not exceeding two hundred dollars, nor less than twenty dollars, or by imprisonment in a common jail, not exceeding six months, nor less than two months; or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. cloths. Injury to trees; SECT. 67. If any person shall wilfully and malicious boundaries of land. ly cut down, girdle, or render useless any fruit tree, shade tree, ornamental tree, or timber tree; or shall wilfully and maliciously throw down, carry away, or bars, fences, destroy any bars, gates, rails, or fences; or shall wil- &c.; fully, or maliciously deface or pull down any sign; or sign; shall wilfully and maliciously cut, break, or injure any coach, hack, chaise, gig, wagon, or other carriage, for coach, &c.; the conveyance of persons; or shall wilfully and maliciously cut, break, or injure the harness of any such harness; coach, hack, chaise, gig, wagon, or other carriage for the conveyance of persons; or shall wilfully and maliciously deface, injure, or destroy any post guide, or mile post-guide; stone; or shall wilfully and maliciously cut, injure, or destroy any leaden, or other pipes used as an aqueduct pipes. for the conveyance of water; or shall wilfully and maliciously remove, or alter any boundary of lands, or Removing deface, alter, or remove any marks upon any tree, or other monument made for the purpose of designating any point, course, or line in the boundary of any lot, or tract of land, or dividing line between any towns, or societies; or shall wilfully and maliciously deface, in- Injury to grave jure, or break down any grave stone, or other monu- stones. ment erected at the grave deceased person; every such person, so offending in either of the cases aforesaid, shall be punished by fine not exceeding seventeen dollars, or by imprisonment in a common jail not exceeding ninety days, or by such fine and impris onment both, at the discretion of the court having cognizance of the same: Provided, That no justice of the Limitation of peace, for any such offence, shall inflict a greater pun-jurisdiction of ishment than a fine of seven dollars, and imprisonment not exceeding thirty days; but if such offence, in the binding over of opinion of such justice, be of so aggravated a nature as offenders. to require a greater punishment, the offender shall be bound over to the next county court, to answer for such offence. of any justices of the peace; and canals; or in juring or de. SECT. 68. If any person, or persons shall wilfully Obstructing the and maliciously obstruct the navigation of any canal navigation of made, or which may hereafter be made, by any company incorporated for that purpose, by sinking any ves-stroying gates, sel, timber, stone, earth, or other thing to the bottom of locks, &c. said canal; or shall wantonly and maliciously open, or shut, or cause to be opened, or shut any lock, gate, or any paddle, or culvert gate, or any waste gate of any such canal; or drive any nails, spikes, pins, wedges, or any other thing into either of the gates; or shall wilfully and maliciously break, throw down, or destroy any lock, bank, waste wier, dam, aqueduct, pier, wing, wall, culvert, or culvert gate; such person, or persons, being Breaking windows, &c. in night season. Breaking win. dows, &c. of public buildings, in the night season. ables in the night season. thereof duly convicted, shall be punished by fine not exceeding five hundred dollars, nor less than thirty dollars; and in case such person, or persons shall be unable to pay such fine, he or they shall be committed to the work house in the county, where the trial shall be had, for a term not exceeding one year, and not less than sixty days, there to be kept at had labour; and in case there shall be no work house in such county, then he or they shall be confined in the common jail for a term not exceeding one year, nor less than sixty days. SECT. 69. If any person, or persons shall, in the night season, maliciously and wilfully break any window or windows, door or doors, in any dwelling house, in which any family or families dwell or reside; every such person, being thereof duly convicted, shall be punished by fine not exceeding one hundred dollars, or by imprisonment in acommon jail not exceeding six months; or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SECT. 70. If any person, or persons shall, in the night season, wilfully and maliciously break any window or windows, door or daors, in any state house, court house, house of public worship, town house, college, school house, or other public building; every such person, being thereof duly convicted, shall be punished by fine not exceeding seven dollars, or by imprisonment in a common jail not exceeding thirty days; or by such fine and imprisonment both, at the discretion of the court having cognizance of said offence. Taking away SECT. 71. If any person or persons shall, in the night fruit and veget- season, wilfully cut, sever, or take away from the lands of another, any fruit or vegetable production growing or standing on such lands; every such person, being thereof duly convicted, shall be punished by fine not exceeding seven dollars, or by imprisonment in a common jail not exceeding thirty days, or by such fine and imprisonment both, at the discretion of the court having cognizance of said offence. Breach of the peace. SECT. 72. If any person or persons shall disturb or break the peace, by tumultuous and offensive carriage, threatning, traducing, quarrelling, challenging, assaulting, beating or striking any other person; every such person so offending, being thereof duly convicted before the county court or a justice of the peace, shall pay such fine not exceeding one hundred dollars, as on consideration of the party offending, the party aggrieved, the instrument used, the degree of danger, the time, place, and provocation, shall be judged just and reasonable, or shall suffer imprisonment in a common jail not exceeding six months, or shall pay such fine and suffer such imprisonment both, at the discretion of the court having cognizance of the offence: Provided, That no Limitation of justice of the peace shall for any such offence inflict a jurisdiction of greater punishment than a fine of seven dollars, and im-justices of the prisonment for thirty days; but if such offence in the binding over of opinion of said justice, be of so aggravated a nature as offenders. to require a greater punishment, the offender shall be bound over to the next county court to answer for such offence. peace, and SECT. 73. Every person who shall have carnal know- Crimes against ledge of any man against the order of nature, being CHASTITY. thereof duly convicted, shall be punished by imprisonment in the Connecticut State Prison, during his natu- Sodomy. ral life; except it shall appear that one of the parties was forced, or under fifteen years of age, in which case, the party forced, or under the age aforesaid, shall not be liable to suffer said punishment. SECT. 74. Every man or woman who shall have car- Bestiality. nal copulation with any beast, and shall be thereof duly convicted, shall be punished by imprisonment in the Connecticnt State Prison, during his or her natural life. SECT. 75. If any man shall commit adultery with a Adultery. married woman, each of them, being thereof duly convicted, shall be punished by imprisonment in the Connecticut State Prison, not less than two years, nor more than five years. * SECT. 76. No man shall marry any woman within Incest. the following degrees of kindred: that is to say, No man shall marry his grandfather's wife, wife's grandmother, father's sister, mother's sister, father's brother's wife, mother's brother's wife, wife's father's sister, wife's mother's sister, father's wife, wife's mother, daughter, wife's daughter, son's wife, sister's son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daughter, brother's son's wife, sister's son's wife: And every man and woman who shall marry or carnally know each other, being within any of the degrees of kindred aforesaid, and shall be thereof duly convicted, shall be punished by imprisonment in the Connecticut State Prison, not less than two years, nor more than five years. And every marriage within any of the degrees of kindred aforesaid, shall be, and is hereby declared to be, to all intents and purposes, null and void.† * 7 C. R. 269. 1 Root 485. +6 C. R..448. |