cuted within two years after the commission of the offence. The punishment of fine and imprisonment is the same as at common law, except the maximum is mentioned, as in other sections of this bill.

SEC 23. This section is new. By the common law the extortion of money by actual duress, or by threats of such a nature as are calculated to overcome a man of ordinary firmness, are indictable misdemeanors. But what are the threats which a man of ordinary firmness ought to resist, is a question which, accompanied with more or less embarrassment, always presents itself in such cases. The provisions proposed by this section, are a consolidation of the English statutes on the subject, rendered necessary by the difficulties which beset common-law proceedings against such crimes.

SEC. 24. This section merely puts the common-law definition of a malicious and defamatory libel in a statutory form. The object of the commissioners being to assign this crime a place in the statute laws, in order to admonish and instruct. The proviso authorizing the truth to be given in evidence, is a transcript of the Act of the 13th May, 1856, entitled "An act relative to libels:" Pamphlet Laws, 574; Brightly's Digest, 1184, No. 1.

SECS. 25, 26, 27, and 28. These sections are re-enactments of the Act of the 31st March, 1806, entitled "An act to restrain the horrid practice of duelling:" 4 Smith's Laws, 353; Brightly's Digest, 266, Nos. 1, 2, 3, 4, 5, 6. The changes recommended are in the punishments. The challenger, and party accepting a challenge, are made subject to confinement at labor not exceeding three years, instead of one; the second, or bearer of a challenge, to two years instead of one; and the person concealing his knowledge of a challenge, to one year's simple imprisonment instead of nine months. The punishment, by imprisonment at labor, for posting a person for not accepting a challenge, remains the same. The present Constitution of the Commonwealth, article sixth, section ten, deprives any person who shall fight a duel, or send a challenge for that purpose, or be aider or abetter in fighting a duel, of the right of holding any office of trust or profit in the State. The commissioners have, therefore, thought it unnecessarily severe to continue in force that clause of the Act of 1808, which deprives a party convicted of challenging, or accepting a challenge, of all rights of citizenship for seven years thereafter.

SEC. 29. This section, which is the revision of the Act of the 1st of April, 1836, entitled "An act for the prevention of injuries by the gross negligence or wilful misconduct of stage-drivers and others:" Pamphlet Laws, 427; Brightly's Digest, 608, No. 3, is intended more effectually to guard the community against the disastrous consequences which too frequently attend the neglect and wantonness of those charged with the conducting of public vehicles for the transportation of travellers and property. The original act punishes the offence prescribed against by it, with a fine not exceeding fifty dollars, and simple imprisonment not exceeding six months; a punishment utterly inadequate to most cases of the offence. The proposed section, while it gives the court power to extend the punishment in proper cases, still leaves room for any moderation required by attending circumstances. As the like evils may result from the gross and wilful misconduct of steamboat officers, a provision has been introduced to meet such cases.

TITLE IV.-Offences against Public Morals and Decency.

SEC. 30. This section is a transcript of the Province law passed in 1700, entitled "An act to prevent the grievous sins of cursing and swearing within this province and territories:" 1 Smith's Laws, 6; Brightly's Digest, 673, No. 1, except that the fine is increased from ten pounds to one hundred dollars.

SEC. 31. This section is a consolidation of the fourth section of the Act 16th March, 1847, entitled "An act relating to the second brigade, eighth division, Pennsylvania militia," etc.: Pamphlet Laws, 447; Brightly's Digest, 712, No. 8. Of the eleventh section of the Act 14th April, 1851, entitled "An act extending the time of completing the Hollidaysburg and Bedford turnpike road," etc.: Pamphlet Laws, 568; Brightly's Digest, 713, No. 9. Of the Act 4th April, 1856, entitled "An act relating to agricultural, horticultural, and floral exhibitions:" Pamphlet Laws, 234; Brightly's Digest, 1194, No. 1. And the first section of the Act of the 6th April, 1859, entitled "An act further to prevent the disturbance of public meetings:" Pamphlet Laws, 382; Brightly's Digest, 1318, No. 1. It embraces all the objects of these acts, making, however, the punishment a moderate fine and imprison

ment.

SEC. 32. This crime is now punished by the fourth section of the Act 23d April, 1829: 10 Smith's Laws, 430; Brightly's Digest, 646, No. 38, by solitary confinement at labor not less than one nor more than five years. The present section authorizes the courts to extend this punishment to ten years, where the crime calls for special severity.

SEC. 33. Attempts to commit, and solicitations to commit this crime, are not embraced within the provisions of the Act of 1829. Punishment in such cases must now be inflicted under the fourth section of the Act of 1790, 'entitled "An act to reform the penal laws of this State:" 2 Smith's Laws, 530; Brightly's Digest, 644; and the first section of the Act 4th April, 1807, entitled "A further supplement to the penal laws of this State:" 4 Smith, 393; Brightly's Digest, 644, Nos. 21 and 22. These sections of the Acts of 1790 and 1807 are general provisions, which prescribe imprisonment at hard labor not exceeding seven years, in all cases where previously burning in the hand, cutting off the ears, nailing the ear or ears to the pillory, placing in and upon the pillory, whipping, or imprisonment for life might have been inflicted. As these sections are proposed to be repealed, it is necessary to provide against these offences, as well as all others supposed to be so circumstanced.

SEC. 34. This section is a consolidation and amendment of the Province law of 1705, entitled "An act against bigamy:" 1 Smith's Laws, 29; Brightly's Digest, 90, No. 1; and of the fourth section of the Act of 5th April, 1790, entitled "An act for the reform of the penal laws of this State:" 4 Smith's Laws, 530; Brightly's Digest, 90, No. 2; the latter being the law under which the crime has been heretofore punished, since the reform of the penal code.

SEC. 35. This section is part of the Act of 1705, "against bigamy," above referred to, and is separated from it for more convenient arrangement.

SEC. 36. This section is an amendment and revision of the first section of the Act of 1705, entitled "An act against adultery and fornication:" 1 Smith's Laws, 27; Brightly's Digest, 35, No. 1; and of the seventh section of the Act of the 23d September, 1791, entitled "A supplement to the penal laws of this Commonwealth:" 3 Smith's Laws, 37; Brightly's Digest, 35, No. 2. The changes

in phraseology have been introduced by reason of some recent differences of opinion in the criminal courts, as to whether an unmarried person can be convicted of adultery. As early as 1791, the Supreme Court, in Respublica v. Roberts, 2 Dallas, 124, ruled that no conviction of adultery could take place where the defendant was not a married person, declaring such to have been the uniform practice for eighty-five years. To produce uniformity in the administration of the criminal law in this respect, has been the object of this change of phraseology. The punishment, which by . the Act of 1791 is a fine not exceeding fifty pounds, and imprisonment not less than three nor more than twelve months, is changed to a fine not exceeding five hundred dollars, and imprisonment not exceeding one year.

SECS. 37 and 38. These sections are the consolidation and amendment of the second, third, and eighth sections of the Act of 1705, entitled "An act against adultery and fornication:" 1 Smith's Laws, 27; Brightly's Digest, 394, Nos. 1, 2, and 4; and of the sixth section of the Act 23d September, 1791, entitled "A supplement to the penal laws of this State:" 3 Smith's Laws, 37; Brightly's Digest, 395, No. 6.

SEC. 39. This section is a revision of the Act of 1705, entitled "An act against incest:" 1 Smith's Laws, 26; Brightly's Digest, 425, Nos. 1, 2. The degrees of consanguinity and affinity, within which marriages are forbidden by this act, have not been changed. But the punishment has been made more accordant with the gravity of the crime. The Act of 1705 assigns to it the same punishment as fornication and adultery, with the addition of a fine to the value of one-third of the estates of the offenders.

SEC. 40. This section is new to our statute law, but the offences prescribed against by it are now punished at common law by fine. and imprisonment.

SEC. 41. This section is the revision and re-enactment of the first section of the Act of the 19th April, 1843, entitled "An act to punish seduction, and to afford a more adequate civil remedy for the injury:" Pamphlet Laws, 348; Brightly's Digest, 740, No. 1. By this act the crime is punished by a fine not exceeding five thousand dollars, and by imprisonment by solitary confinement at labor, not less than one nor more than three years, or simple imprisonment, at the discretion of the court. The only

alteration proposed is the abolition of the minimum punishment, in accordance with the general principles of the bill.

SECS. 42 and 43. These sections, which are new, enact the existing common law, and impose the same punishments, except that they fix limits to them which cannot be exceeded.

SEC. 44. This section is a re-enactment of the first section of the Act of 15th February, 1808, entitled "An act to declare masquerades and masked balls to be common nuisances, and to punish those who promote or encourage them:" 4 Smith's Laws, 490; Brightly's Digest, 572, No. 1.

SEC. 45. This section is new.

The offences prescribed against

are now punishable at common law by fine and imprisonment, at the discretion of the court.

SEC. 46. This is a new section, and intended to repress a heartless crime, becoming common in large communities, and which should be repressed.

SEC. 47. This crime, so revolting to humanity, is now punishable at common law. It is introduced in the code with a view to its completeness, and with the expectation that, being found in the written law, it may serve to admonish against and restrain its perpetration.

SEC. 48. This section is the consolidation of various enactments found in laws incorporating cemetery companies, and in general laws, having for their object the repression of the violation of sepulture. Such are the second section of the Act of 5th April, 1849, entitled "An act to prevent the opening of streets or public roads through burial-grounds, and for the protection of cemeteries and graveyards:" Pamphlet Laws, 397; Brightly's Digest, 107, No. 2; and the Act of 7th May, 1855, entitled "An act to protect burial-grounds:" Pamphlet Laws, 462; Brightly's Annual Digest, 1114, No. 1.

TITLE V.-Offences against Public Economy and Health.

SEC. 49. This section is an amendment and extension of the Act of 3d March, 1847, entitled "An act to define and punish the offence of bribery:" Pamphlet Laws, 217; Brightly's Digest, 103, No. 1; and the one hundred and sixty-first section of the Act of 14th April, 1834, entitled "An act relative to the organization of the courts of justice:" Pamphlet Laws, 341; Brightly's