such distress shall have been taken. All beasts, or goods or chattels taken as a distress at one time, shall be kept, as near as may be, in the same place.

§ 719. An officer may not make distress for rent, unless the warrant of distress be accompanied by an affidavit of the landlord, or his agent, specifying the amount of rent due, and the time for which it accrued.

In

§ 720. Within ten days after the sale of goods, for rent, or after they shall have been replevied, the officer is required to file the original warrant of distress, with the original affidavit of the landlord, in the office of the town clerk. the city and county of New York, in the city and county of Albany, in the cities of Troy, Hudson, and Schenectady, such warrant and affidavit shall be filed in the office of the clerk of the county. Any officer violating this provision, shall forfeit fifty dollars to the person whose property shall have been distrained.

§ 721. All distresses for rent shall be reasonable; and whosoever shall take an unreasonable distress, shall be liable to an action on the case, at the suit of the party aggrieved, for the damages sustained thereby.

CHAPTER X.

Crimes and their Punishment.

§ 722. THE following definitions of the several crimes are taken principally from the statutes of New York; but they are, without any material exceptions, the same in all the states. Those crimes which are punishable by death, are treason, murder, and arson in the first degree.

§ 723. Treason is defined to be levying war against the people of the state; a combination to usurp, by force, the

accompanied? 720. What is provided in relation to the filing of the warrant of distress and affidavit? § 721. What is the penalty for taking unreasonable distress?

§ 722. What crimes are punishable by death? § 723. What is

government of the state; or adhering to, and aiding, the enemies of the state, while separately engaged in war with a foreign enemy.

§ 724. Murder is the killing of any person in the following cases (1.) when perpetrated from a premeditated design to effect the death of any human being; (2.) when perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect death; (3.) when perpetrated without any design to effect death, by a person engaged in the commission of a felony; and (4.) the wounding of a person in a duel, though it be done out of the state, who shall die in the state; and every second engaged in such duel shall be guilty of murder. Dueling, however, in some states is either not a capital crime, or is not a statute offence of any degree.

§ 725. Arson in the first degree, is wilfully setting fire to, or burning, in the night time, a dwelling house in which there is, at the time, some human being; and every house, prison, jail, or other building, that shall have been usually occupied by persons lodging therein at night, is deemed a dwelling house of any person so lodging therein.

§726. Manslaughter in the first degree, consists in killing a human being, without a design to effect death, by the act of another engaged in perpetrating, or attempting to perpetrate, a crime or misdemeanor not amounting to felony; or in assisting another in committing self-murder. Manslaughter in the second degree, is the killing of a human being, without a design to effect death, but in a cruel, unusual manner; or in unnecessarily killing another, while resisting an attempt by such other person to do an unlawful act, or after the attempt shall have failed.

§ 727. Manslaughter in the third degree, is the killing of another in the heat of passion, without a design to effect death, by a dangerous weapon; or the involuntary killing of a person by the negligence of another engaged in com

treason against the state? § 724. Under what circumstances is the killing of a person murder? § 725. What constitutes arson in the first degree? § 726. In what does manslaughter in the first degree consist? In the second degree? §727. What is manslaughter in the

mitting, or attempting to commit, a trespass; or in permitting a mischievous animal, by its owner, to go at large, if the animal shall kill a human being, who shall have taken due precaution to avoid the animal; or the administering, by a physician in a state of intoxication, and without a design to effect death, of any poison, drug, or medicine, which shall produce the death of another; or in causing death by persons navigating steamboats or other vessels, through culpable negligence or ignorance. Manslaughter in the fourth degree, is the involuntary killing of another by any weapon, or by means neither cruel nor unusual, in the heat of passion.

§728. Homicide is the taking of a person's life, and includes the crime of murder. Homicide is also excusable, or justifiable. Excusable homicide is the killing of a person by accident, or while lawfully employed, without the intention of doing wrong. Justifiable homicide is putting one to death in pursuance of a legal sentence; or in defending one's person, or property, or in defending the person of another. In these cases, no punishment is inflicted.

§ 729. Any person who shall maim another, from premeditated design, by cutting out or disabling the tongue, or any other member or limb of any person; or who shall inveigle or kidnap another, or shall be accessory to any kidnapping; or who shall sell kidnapped blacks; or who shall decoy or take away children; or who shall expose children in the street or highway to abandon them; or who shall commit or attempt an assault with intent to kill, or to commit any other felony, or in resisting the execution of a legal process; or who shall administer poison whereof death shall not ensue; or who shall poison any spring, well, or reservoir of water; such person shall be adjudged guilty of crime.

§ 730. Arson in the second degree, is the burning of, and setting fire to, in the night time, any shop, warehouse, or other building, endangering an inhabited dwelling. Arson in the third and fourth degrees consists in burning of build

third degree? In the fourth degree? 728. What is homicide? When is it excusable and justifiable? §729. What other injuries done to or attempted upon persons are mentioned as crimes? 730. What consti

ings other than dwellings, and other property of various kinds.

§731. Burglary in the first degree, is the breaking into and entering a dwelling, in the night time, with intent to commit some felony. The same act, when perpetrated in the day time, or under such circumstances as shall not constitute burglary of the first degree, is burglary in the second or third degree.

§732. Forgery consists in falsely making, counterfeiting, or altering any instrument of writing, with intent to defraud or wrong any person. Counterfeiting is a term used to signify the forging of false coins, or false bank bills, or the fraudulent altering of true ones. This crime consists, not only in the actual making or passing of such false coins or bills, but also in having in possession any engraved plate, or bills unsigned, which are intended to be used for such purposes.

§ 733. Robbery is the taking of property from one's person by violence, or threats of violence, and by putting the person in fear of his life, or grievous injury.

§ 734. Larceny is the term used to signify theft of all sorts. If the amount of property taken exceed twenty-five dollars, the crime is called grand larceny; if the amount be twenty-five dollars or under, it is adjudged to be petit larceny. The former is punishable by imprisonment in a state prison for a term of years; the latter, by fine, or imprisonment in a county jail, or both; and if it be a second offence of the same person, it is punishable in the same manner as grand larceny.

§ 735. Embezzling is the converting, by any person, to his own use, of property intrusted to him by another, and is punishable in the same manner as stealing property of like value.

§ 736. Perjury is wilfully swearing or affirming falsely to any material matter, upon any oath, legally administered. Subornation of perjury is the procuring of another to swear

tutes arson in the second degree? Third and fourth degrees? § 731. What constitutes burglary in the several degrees? § 732. In what does forgery consist? What is counterfeiting? § 733. What is robbery? § 734. What is larceny? What constitutes grand, and what petit larceny? How are they punishable? § 735. What is embezzling?

falsely, and is punishable in the same manner, and to the same extent, as perjury.

§737. Bribery is offering to any person in the administration of justice, any reward to influence his vote, opinion, or judgment on any question; and is punishable by imprisonment in a state prison, or fine, or by both. Any person accepting such bribe, shall be punished in like manner, and shall forfeit his office, and be forever disqualified from holding any public trust or appointment.

738. Dueling is the fighting with a deadly weapon, in single combat with another. Any person killing another in a duel, is subject to the punishment of death. If death does not ensue, the offence is punishable by imprisonment in a state prison. Challenging, or accepting a challenge to fight, or to be present as a second, is punishable also by imprisonment in a state prison.

§739. Offences punishalle by Imprisonment in a County Jail and by Fines.-Among these are the following: Petit larceny; attempting to extort, by threats, any property or pecuniary benefit; fraudulent conveying or concealing property to defraud creditors; conspiracies by two or more persons with intent to commit an offence; imprisoning or arresting another without legal authority, or under a false pretence; receiving a reward to conceal a misdemeanor ; voting more than once at an election; maliciously killing or wounding animals that belong to another, or cruelly beating animals, whether his own or those of another; wilfully opening or reading sealed letters addressed to another, except in cases punishable by the laws of the United States; removing or defacing any monument, milestone, or guide board. These, besides many other offences not here enumerated, are punishable by fine or imprisonment in the county jail, or by both. And any person having been convicted of petit larceny, or an attempt to commit an offence, which, if perpetrated, would be punishable by imprisonment in a state prison, shall, for a second offence, be imprisoned in such prison.

§ 736. What is perjury? What is subornation of perjury? § 737. Define bribery. What is the penalty? § 738. What is dueling? How punishable? § 739. What offences are punishable by imprison