CHAPTER 150. ty, of the price herein specified having been tendered to them for TITLE XXIX. publishing such notice, order, citation, advertisement or proceeding, and of their having refused; which affidavit, together with proof of such publication in the state paper, shall be deemed evidence of a compliance with any law requiring such notice, order, citation, advertisement or proceeding to be published in any particular county. cases. SEC. 29. When notice of any sale by virtue of a mortgage, shall Notice in certain be published in the state paper, pursuant to the forgoing provisions, a copy of such notice shall be served at least four weeks before the time of such sale, on the person in possession of the mortgaged premises, in all cases where the same are occupied ; and where they are not occupied, and the mortgagor, his heirs or personal representatives, shall reside in the county where such premises lie, then upon such mortgagor, his heirs or personal representatives, as the case may be. Proof of the service of such notice may be made, certified and recorded in the same manner, and with the like effect, as proof of the publication of a notice of sale under a mortgage. General Provisions. SEC. 30. The allowance of any fees by this chapter, shall not ap- Special cases. ply to any case where special provision is otherwise made by law for any particular service, but the fees for such service shall be such as are provided in the statute requiring the service, or providing the compensation therefor.. tous. SEC. 31. The secretary of state, auditor general, treasurer, attorney Certain soarches, general and commissioner of the land office respectively, shall be &c. to be gratui authorized to require searches in the respective offices of each other, and in the offices of the clerks of the supreme court, of the several circuit courts, of the county courts, of the registers in chancery or registers of deeds, for any papers, records or documents necesssary to the discharge of the duties of their respective offices, and to require copies thereof, and extracts therefrom, without the payment of any fee or charge whatever. SEC. 32. The term "folio," when used as a measure for computing "Folio" defined, fees or compensation, shall be construed to mean one hundred words, counting every figure necessarily used, as a word; and any portion of a folio, when in the whole draft or paper there shall not be a complete folio, and when there shall be any excess over the last folio, shall be computed as a folio. Extortion prohi. 1844, p. 44. SEC. 33. No judge, justice, sheriff or other officer whatsoever, or other person to whom any fees or compensation shall be allowed by bited. law for any service, shall take or receive any other or greater fee or reward for such service, but such as is or shall be allowed by the laws of this state. 1844, p. 44. SEC. 34. No fee or compensation allowed by law, shall be demand- when fees not ed or received by any officer or person for any service, unless such to be taken. service was actually rendered by him, except in the case of prospective costs hereinafter specified; but this section shall not prevent any officer from demanding any fee herein allowed for any service of which he is entitled by law to require the payment, previous to rendering such service. SEC. 35. A violation of either of the two last sections shall be deem- Penalty. ed a misdemeanor; and the person guilty thereof shall be liable to 1844, p. 44. the party aggrieved for treble the damages sustained by him. TITLE XXIX. CHAPTER 150. SEC. 36. No fee shall be taxed for services as having been rendered by any attorney, solicitor, clerk, sheriff or other officer, in the proCharges for ser- gress of a cause, unless such service was actually rendered, except vices not actually when otherwise expressly provided. rendered. Prospective costs. One draft only. Writings copied into draft. Fees for certified copies. Witness fees SEC. 37. Prospective costs may be charged and taxed for filing decree, and for one execution. SEC. 38. Whenever any allowance is made for drafting any process, pleading, or proceeding, it shall be made for only one draft of the same, although several may have been issued and used. SEC. 39. No record, writ, return, pleading, instrument or other writing, copied into any proceeding, entry, process or suggestion, shall be computed as any part of the draft of such proceeding, entry, process or suggestion. SEC. 40. The legal fees paid for certified copies of the depositions of witnesses, filed in any clerk's office, and of any documents or papers recorded or filed in any public office, necessarily used on the trial of a cause, or on the assessment of damages, shall be allowed in the taxation of costs. SEC. 41. No attorney, solicitor or counsel in any cause, shall be alwhen not allowed. lowed any fee for attending as a witness in such cause. Officer receiving fees to give receipt. Administering oath of office. Certain officers of fees, &c. SEC. 42. Every officer, upon receiving any fees for any official duty or service, shall, if required by the person paying the same, make out in writing and deliver to such person, a particular account of such fees, specifying for what they respectively accrued, and shall receipt the same; and if he refuse or neglect to do so, he shall be liable to the party paying the same for three times the amount so paid. SEC. 43. No fee shall be charged by any officer, for administering the oath of office to any member of the legislature, to any military officer, or to any township officer, and no more than twelve cents shall be charged for administering such oath to any other officer. SEC. 44. Each clerk of a circuit or county court, register of deeds, to report amount judge of probate, clerk of the supreme court, register in chancery, and justice of the peace, shall, on or before the fifteenth day of November in each year, make and transmit to the secretary of state, a report, setting forth the full amount of all the fees and charges which have accrued to him for official services of every description during the year ending on the last day of October then next preceding. Penalty for neglect. Secretary of state to report abstract to legislature. SEC. 45. Every clerk, judge of probate, register, or justice of the peace, who shall neglect to make such report, as required in the preceding section, shall forfeit the sum of one hundred dollars for each and every such neglect. SEC. 46. The secretary of state shall report to the legislature, at the commencement of each annual session thereof, an abstract of all such reports received by him during the year then next preceding. TITLE XXX. OF CRIMES AND THE PUNISHMENT THEREOF. TITLE XXX. CHAPTER 151. Chapter 151. Of the Rights of Persons who are accused of Crimes and Offences. Chapter 152. Of Offences against the Sovereignty of the State. Chapter 153. Of Offences against the Lives and Persons of Individuals. Chapter 154. Of Offences against Property. Chapter 155. Of Forgery and Counterfeiting. Chapter 156. Of Offences against Public Justice. Chapter 157. Of Offences against the Public Peace. Chapter 158. Of Offences against Chastity, Morality, and Decency. Chapter 160. Of Offences against the Public Policy. Chapter 161. General Provisions concerning Crimes and Punish ments. CHAPTER 151. OF THE RIGHTS OF PERSONS WHO ARE ACCUSED OF CRIMES AND OFFENCES. sel, &c. SECTION 1. On the trial of every indictment, or other criminal accu- Party accused sation, the party accused shall be allowed to be heard by counsel, and may have counhe may defend himself, and he shall have a right to produce witnesses const., art. 1,§ 10. and proofs in his favor, and meet the witnesses who are produced against him face to face. SEC. 2. No person indicted for an offence, shall be convicted there- Person indicted of, unless by confession of his guilt in open court, or by admitting the how convicted. truth of the charge against him, by his plea or demurrer, or by the verdict of a jury, accepted and recorded by the court. SEC. 3. No person shall be held to answer on a second indictment Former acquittal, for any offence of which he has been acquitted by the jury, upon the when a bar, &c. facts and merits on the former trial; but such acquittal may be plead ed or given in evidence by him, in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or in the substance of the indictment on which he was acquitted. gally convicted, SEC. 4. No person who is charged with any offence against the law, No person to be shall be punished for such offence, unless he shall have been duly and punished until le legally convicted thereof, in a court having competent jurisdiction of the cause and of the person. TITLE XXX. CHAPTER 152-3. Punishment for treason. Misprision of treason. CHAPTER 152. OF OFFENCES AGAINST THE SOVEREIGNTY OT THE STATE. SECTION 1. Every person who shall commit the crime of treason Const. art. 1, §16, against this state, shall suffer the punishment of death for the same. SEC. 2. If any person who shall have knowledge of the commission of the crime of treason against this state, shall conceal the same, and shall not, as soon as may be, disclose and make known such treason to the governor thereof, or to some judge of a court of record within this state, he shall be adjudged guilty of the offence of misprision of treason, and shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the state prison not more than five years, or in the county jail not more than two years. Evidence requir ed. SEC. 3. No person shall be convicted of the crime of treason, unless Const. art. 1, § 16. on the testimony of two witnesses to the same overt act, or on confession in open court. Murder of the first degree. Murder of the second degree. Degree how to be determined. Fighting duel out of state, when CHAPTER 153. OF OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS. SECTION 1. All murder which shall be perpetrated by means of poison or lying in wait, or any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate any arson, rape, robbery or burglary, shall be deemed murder of the first degree, and shall be punished by soliitary confinement at hard labor in the state prison for life. SEC. 2. All other kinds of murder shall be deemed murder of the second degree, and shall be punished by imprisonment in the state prison for life, or any term of years, in the discretion of the court trying the same. SEC. 3. The jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict, whether it be murder of the first or second degree; but if such person shall be convicted by confession, the court shall proceed by examination of witnesses to determine the degree of the crime, and shall render judgment accordingly. SEC. 4. Every person, being an inhabitant or resident of this state, deemed murder who shall, by previous appointment or engagement made within the within this state. same, fight a duel without the jurisdiction of this state, or who shall fight a duel within this state, and in so doing shall inflict a mortal wound upon any person, whereof the person so injured shall afterwards die within this state, shall be deemed guilty of murder of the first degree within this state, and may be indicted, tried and convicted in the county where such death shall happen. Seconds in such case. SEC. 5. Every person, being an inhabitant or resident of this state, who shall be the second of either party in such duel as is mentioned in the preceding section, and shall be present as a second when such mortal wound is inflicted, whereof death shall ensue within this state, CHAPTER 153. shall be deemed to be an accessory before the fact to the crime of TITLE XXX, murder in this state, and may be indicted, tried and convicted in the county where the death shall happen, or in which such wound shall have been inflicted. quittal. SEC. 6. Any person indicted under either of the two preceding sec- Plea of former tions, may plead a former conviction or acquittal of the same offence, conviction or acin the state or country where such mortal wound was inflicted, and such plea, if admitted or established, shall be a bar to all further or other proceedings against such person, for the same offence within this state. SEC. 7. Every person who shall engage in a duel with any deadly Fighting duel, weapon, although no homicide ensue, or who shall challenge another challenging, &c. to fight such duel, or shall send or deliver any written or verbal message, purporting or intended to be such challenge, although no duel ensue, shall be punished by imprisonment in the state prison not more than ten years, or by a fine not exceeding one thousand dollars, and imprisonment in the county jail not more than three years, and shall also be incapable of holding or of being elected or appointed to any place of honor, profit, or trust, under the constitution or laws of this state. SEC. 8. Every person who shall accept any such challenge, or who Accepting chalshall knowingly carry or deliver any such challenge or message, lenge, aiding, &c. whether a duel ensue or not, and every person who shall be present at the fighting of a duel with deadly weapons, as an aid or second, or surgeon, or who shall advise, encourage or promote such duel, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, and shall also be incapacitated, as mentioned in the preceding section. challenge, &c. SEC. 9. If any person shall post another, or in writing or print, shall Posting. &c., for use any reproachful or contemptuous language, to or concerning not accepting another, for not fighting a duel, or for not sending or accepting a challenge, he shall be punished by imprisonment in the county jail, not more than six months, or by fine not exceeding one hundred dollars. SEC. 10. Every person who shall commit the crime of manslaugter, Punishment for shall be punished by imprisonment in the state prison, not more than manslaughter. fifteen years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court. therein. SEC. 11. If any person, with malicious intent to maim or disfigure, Maiming or dis shall cut out or maim the tongue, put out or destroy an eye, cut or figuring or aiding tear off an ear, cut or slit or mutilate the nose or lip, or cut off or disable a limb or member, of any other person, every such person, and every person privy to such intent, who shall be present, aiding in the commission of such offence, shall be punished by imprisonment in the state prison not more than ten years, or by fine not exceeding one thousand dollars, or both, at the discretion of the court. SEC. 12. If any person shall assault another with intent to maim or Assault with indisfigure his person in any of the ways mentioned in the preceding tent to maim, &c. section, he shall be deemed a felonious assaulter, and shall be punished by imprisonment in the state prison, not more than ten years, or by fine not exceeding one thousand dollars, or both, at the discre tion of the court. SEC. 13. If any person shall attempt to commit the crime of mur- Attempt to murder by poisoning, der, by poisoning, drowning or strangling another person; or by &c. any means not constituting the crime of assault with intent to mur |