be passed, shall forthwith deliver a certified copy thereof to the sheriff of the county, who shall, without delay, either in person, or by a general and usual deputy, cause such convict to be transported to the proper prison, and delivered to the keeper thereof.' Such sheriff or deputy, whilst conveying a convict to the proper prison, has the same power and the like authority to require the assistance of any citizen of this State in securing such convict, and retaking him if he shall escape, as if such sheriff were in the county for which he was elected; and all persons who shall refuse or neglect to assist such sheriff when required, shall be liable to the same penalties as if such sheriff were in his own county.2 Whenever any convict shall be delivered to the warden of the State prison, the officer having such convict in his charge, shall deliver to such warden the certified copy of the sentence received by such officer from the clerk of the court by which such convict shall have been sentenced, and take from the warden a certificate cate of the delivery of such convict.3 All the convicts who shall be sentenced to imprisonment in the same State prison, or to the same house of refuge, at one session of a criminal court, shall be transported at the same time, unless said court shall expressly direct otherwise." § 139. ENTERING JUDGMENT IN THE MINUTES. Whenever a judgment upon any conviction shall be rendered in any court, it shall be the duty of the clerk thereof to enter such judgment fully in his minutes, stating briefly the offence for which such conviction shall have been had, and the court shall inspect such entries, and conform them to the facts.5 And it shall be the duty of the district attorney, upon being required by the clerk, to prepare for him a statement of the offence of which any person shall be convicted, as the same is charged in the indictment, to be entered in the minutes of such clerk; but the court shall inspect the same, and conform it to the indictment. Upon a conviction at the oyer and terminer, it was held not sufficient to state in the entry of judgment in the minutes, that the defendant was convicted of a felony or misdemeanor, but the particular offence should be stated; and where a person is imprisoned under such conviction, the particular kind of offence of which he has been convicted, should appear in the commitment, that it may be seen whether the punishment awarded was warranted by the offence.' But upon a review of the same case, the Kings' general term held that it was sufficient to state in the entry of the judgment in the minutes, that the defendant was convicted of a misdemeanor, and that a more particular description of the offence need not be stated, neither was a more particular description of the offence needed in the warrant of commitment.2 § 140. RECORDS OF JUDGMENT. Whenever any defendant who shall have been acquitted or convicted upon any indictment, shall require the district attorney to make up a record of the judgment, it shall be his duty to do so on being paid the fees allowed by law for such service; and if such district attorney shall neglect, for ten days after being so required to make up such record, such defendant may himself cause the same to be made up, signed and filed.3 In cases of nuisance on or near the boundary lines of the counties of New York, Westchester and Queens, the record of conviction is to be filed in the county in which the nuisance is located, although the conviction shall be had in either of the other counties affected injuriously thereby.* The judgment record need not state the constant presence of the prisoner during the trial.5 § 141. OF THE PUNISHMENT. It was said by an ancient philosopher, that criminals are punished, not because they have offended, for what is done, can never be undone, but that for the future, the criminals themselves, and such as see their punishment, may take warning, and learn to shun the allurements of vice.1 The several courts of justice, organized under the Constitution and laws of this State, are declared by statute to possess the sole and exclusive jurisdiction, as well of punishing, as of trying in the manner prescribed by law, all persons, as well Indians, as others, for offences and crimes committed within the boundaries of this State, excepting only such as are cognizable by the courts deriving their jurisdiction under the laws and Constitution of the United States.2 The punishment inflicted upon offenders against our laws, are death, imprisonments in a State prison, county jail or penitentiary, the payment of money by way of fine, and disqualification from holding public offices, trusts or appointments. At the common law, many offences, now punishable upon conviction by simple imprisonment, were punishable by death; and many cruel and unusual punishments, unknown to our law, were inflicted upon offenders. Our statutes, however, in the chapter devoted to crimes and their punishments, declares that all punishments prescribed by the common law, for any offence specified in that chapter, and for the punishment of which provision is therein made, are prohibited.3 The felonies of which the term of punishment is given in the next section, are, with a few exceptions, included in the chapter of the statutes above referred to; and from a note of the revisers to the section of the statute above referred to, it was their intention to include in that chapter every known offence of a higher grade than a misdemeanor.4 § 142. OF THE PUNISHMENT FOR FELONIES. Prior to the passage of the act of 1865, the term of punishment for felonies in this State, by imprisonment in a State prison, had a wide range; the extent of such punishment being for life, and the lowest term, two years. The statute declaring that, where the offence was declared punishable, upon conviction, by imprisonment in a State prison for a term not less than any speci Plato Liv. Hist., L. 1, ch. 28. 2 R. S., 698, § 1. 2 R. S., 701, § 17. • Revisers' Notes, part 4, p. 89. fied number of years, and no limit to the duration of such punishment was declared, the court, authorized to pronounce judgment upon such conviction, might, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than such as were prescribed; but that no person should, in any case, be sentenced to imprisonment in a State prison for any term less than two years.1 The Legislature, in 1862, by the passage of an act,2 undoubtedly intended to lessen the shortest duration of imprisonment from two years to one year, but, evidently by a clerical error, amended the next succeeding section to the one intended.3 The act of 1865, however, introduced a sweeping reform into the duration of imprisonments in a State prison, as a punishment upon convictions for felonies. The act is given entire, as follows: "SECTION 1. All criminal offences now punished by imprisonment in the State prison, for a term not less than two nor more than five years, shall hereafter be punished by imprisonment in the State prison for a term not less than one nor more than five years. "SECTION 2. All criminal offences now punished by imprisonment in the State prison, for a term not less than five nor more than ten years, shall hereafter be punished by imprisonment in the State prison for a term not less than two nor more than ten years. "SECTION 3. All criminal offences (except murder in the second degree, arson and manslaughter in the first degree), now punished by imprisonment in the State prison for a term not less ten years, shall hereafter be punished by imprisonment in the State prison for a term not less than five nor more than twenty years." 2 R. S., 700, § 12. Laws 1862, ch. 417, § 1, p. 748. • Laws 1865, ch. 212, p. 347. Immediately following will be found a synopsis of the punishments for different felonies; the duration of imprisonment being given as provided for by the Revised Statutes and Session Laws previous to the passage of the act of 1865. The reader will, therefore, bear in mind the necessity, at the same time, of constantly referring to the provisions of the act cited above, in determining the duration of the imprisonment. A comparison of the punishments given below with the act of 1865 will show, at a glance, the limits of the punishment which can now be inflicted, bearing in mind, however, that the lowest punishment allowed by the Revised Statutes was two years, and that now, in cases where the punishment was originally stated at not more than five years, the lowest limit may therefore now be one year by the first section of the act of 1865, as well as in those cases where it was specially designated as not more than five or less than two years. ARSON. FIRST DEGREE.-Imprisonment in State prison not less than ten years. SECOND DEGREE.-Like imprisonment, not more than ten nor less than seven years. THIRD DEGREE.-Like imprisonment, not more than seven nor less than four years. FOURTH DEGREE.-Like imprisonment, not more than four years nor less than one year, or by imprisonment in a county jail not exceeding one year. (Laws 1862, ch. 197, p. 368.) ABDUCTING FEMALE, UNDER TWENTY-FIVE YEARS, FOR PROSTITUTION. Imprisonment in a State prison not exceeding two years, or imprisonment in county jail not exceeding one year. (Laws 1848, ch. 105, p. 118.) (See "Compelling women to marry.") ACCEPTING A BRIBE. (See "Bribery.") ACCESSORY BEFORE THE FACT. (See section 145, post, page 413,) ALTERING RECORDS. (See "Forgery.") ASSAULTS WITH INTENT TO COMMIT FELONIES. Imprisonment in a State prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. (2 R. S., 666, § 41.) ABDUCTION FOR PROSTITUTION, ETC., UNDER FOURTEEN YEARS. Imprisonment in a State prison not exceeding three years, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ing one thousand dollars, or by both such fine and imprisonment. (2 R. S., 664, § 28.) ARMED AT NIGHT WITH DANGEROUS WEAPONS, PICK-LOCKS, ETC. (See "Second offence.") ATTEMPTS TO COMMIT OFFENCES. (See section 147, post, page 413.) ABANDONING CHILDREN UNDER SIX YEARS OLD. Imprisonment in State prison not exceeding seven years, or in a county jail not more than one year. (2 R. S., 665, § 37.) |