SECS. 140, 141, 142, and 143. These sections provide against various kinds of malicious burnings and attempt to burn. The sections are amendments and extensions of the third section of the Act of 21st of March, 1806, entitled "A supplement to sundry penal laws of this Commonwealth:" 4 Smith's Laws, 334; Brightly's Digest, 51, Title, Arson, No. 1; of the fourth section of the Act 23d of April, 1829, entitled "A further supplement to an act, entitled 'An act to reform the penal laws of this Commonwealth" 10 Smith's Laws, 435; Brightly's Digest, 51, Title, Arson, No. 2. The tenth section of the Act of 16th April, 1849, entitled "An act relating to lunatics and habitual drunkards, and for the more effectual punishment of arson," etc.: Pamphlet Laws, 663; Brightly's Digest, 51, Title, Arson, No. 3; of the thirtyfourth section of the Act of the 25th of April, 1850, entitled "An act relating to executrixes," etc.: Pamphlet Laws, 575; Brightly's Digest, 51, Title, Arson, No. 4; and the seventy-fourth section of the act of 13th of June, 1836, entitled "An act relating to roads, highways, and bridges:" Pamphlet Laws, 565; Brightly's Digest, 51, Title, Arson, No. 5. The one hundred and fortieth section refers to the burning, or attempting to burn, a dwelling-house, or any out-house, parcel thereof, or any other building, by means whereof a dwelling-house shall be burnt. Regarding the burning of a dwelling-house as the most heinous of this class of offences, the commissioners propose its exemplary punishment. The fact of any person being in a dwelling-house set fire to or burnt, renders the offender liable to a much heavier punishment. This distinction the commissioners think necessary, in order to the protection of human life, which is frequently endangered by the malicious. burning of a dwelling-house. Section one hundred and forty-one provides against the malicious burning, or attempting to burn, the buildings therein enumerated, not being dwelling-houses, or any barrack, stack of hay, grain, or bark, etc. The punishments provided against these offences, though sufficiently severe, are less than the preceding sections. The one hundred and forty-second section is new and of manifest necessity. The one hundred and forty-third section is a consolidation and amendment of those of the first and fourth sections of the Act of the 18th of April, 1794, entitled "An act to prevent the damages which may happen by the firing of woods:" 3 Smith's Laws, 189; and the Act of the

27th of March, 1824, entitled "An aet to prevent the destruction of timber," etc.: 8 Smith's Laws, 284; Brightly's Digest, 381, Title, Firing Woods, No. 3.

SEC. 144. This section is new. It provides against a most dangerous species of fraudulent burning, and sufficiently explains itself.

SECS. 145 and 146. These sections are the revision, amendment and extension of the existing laws for the protection of railway carriages and trains against malicious obstructions placed upon, or displacements of any part of a railway. The one hundred and forty-sixth section refers to cases of casting or throwing wood, stone, or other matter upon any engine, tender, carriage, etc., with intent to endanger the safety of any person in or upon the same. The existing laws on this subject are the sixteenth section of the act of the 19th of February, 1849, entitled "An act regulating railroad companies:" Pamphlet Laws, 79; Brightly's Digest, 134, No. 158. The eighth section of the act of the 16th of April, 1838, entitled "A supplement to the act, entitled 'An act to incorporate the Middleport and Pine Creek Railroad Company, and for other purposes:'" Pamphlet Laws, 462; Brightly's Digest, 122, No. 89.

SEC. 147. This section is the re-enactment and amendment of the fifth section of the Act of the 10th of April, 1826, entitled "An act to protect the public in the full benefit and enjoyment of the works constructed for the purposes of inland navigation:" 9 Smith's Laws, 198; Brightly's Digest, 558, No. 9.

SEC. 148. This section is the re-enactment and amendment of the fourth and sixth sections of the Act of the 10th of April, 1826, entitled as above mentioned: 9 Smith's Laws, 198; Brightly's Digest, 588, Nos. 8 and 10.

SEC. 149. This section is new, and sufficiently explains itself. SECS. 150, 151, 152, 153, 154, 155 and 156. These sections are the consolidation and amendment of various laws prescribing against malicious mischief. Section one hundred and fifty contains the provisions of the Act 27th March, 1819, entitled "An act to prevent the removal of flag-staffs, beacons or buoys, in any of the navigable streams within this Commonwealth :" 7 Smith's Laws, 197; Brightly's Digest, 557, No. 3. Part of the eighth and all of the ninth section of the Act of the 16th April, 1838, entitled

"A supplement to an act, entitled 'An act to incorporate the Middleport and Pine Creek Railroad Company,' and for other purposes:" Pamphlet Laws, 462; Brightly's Digest, 559, Nos. 11 and 12. And the first section of the Act 8th May, 1855, entitled "An act relating to electrical telegraphs, and messages sent thereby :" Pamphlet Laws, 531; Brightly's Annual Digest, 1155, No. 1. So much of these acts as provide against the setting fire to engine houses, has been introduced among the provisions of section one hundred and forty-one, punishing arsons. The amendment to these acts, introduced in this section, are the clauses punishing malicious injury or damage done to any bridge, river or meadow-bank, or mill-dam, and the provision against maliciously defacing a dwelling-house, a mode of venting malice, which sometimes takes place in our large cities. The one hundred and fiftyfirst section contains the enactments of the third and fourth sections of the Act of the 21st of March, 1772, entitled "A supplement to the act, entitled 'An act for the advancement of justice, and the more certain administration thereof:"" 1 Smith's Laws, 382; Brightly's Digest, 557, Nos. 1 and 2. Section one hundred and fifty-two embraces the provisions of the Act 27th March, 1824, entitled "An act for the protection of vineyards," and the tenth section of an Act passed 14th of March, 1842, entitled "An act to enable the commissioners of Greene County to sell and convey certain real estate, and for other purposes:" Pamphlet Laws, 74; 8 Smith's Laws, 259; Brightly's Digest, 557, No. 4. Section one hundred and fifty-three is new, and rendered necessary for the protection of the great mining interests which have, within comparatively recent years, sprung up in the Commonwealth. Section one hundred and fifty-four contains the provisions of the fifth section of the 7th March, 1848, entitled "An act for the better regulation of the fire department of the city and incorporated districts of the county of Philadelphia:" Pamphlet Laws, 110; Brightly's Digest, 558, No. 7. This law, now local, is thus made to embrace the whole State. The enactments against injuries to graveyards, tombs, etc., have been introduced in section forty-eight, against violation of sepulture. The one hundred and fifty-fifth section is an amendment of the first section of the Act of March 27th, 1824, entitled "An act to prevent the destruction of timber," etc.: 8 Smith's Laws, 282; Brightly's Digest, 794,

No. 1. The one hundred and fifty-sixth section is an amendment of the Act of 1700, entitled "An Act against removing landmarks:" 1 Smith's Laws, 4; Brightly's Digest, 504, No. 1.

SEC. 157. This section is new to our statute law, and is now punishable in the same way by the common law.

SEC. 158. This section is new. If we desire the future encouragement of the fine arts, such a law is absolutely necessary.

TITLE IX.-Offences against the Coin and Forgery.

SECTIONS 159, 160, 161, 162, 163, 164, 165, 166. These sections are new, and provide a system for the punishment of coining. The only laws in force on this subject are the fifth section of the Act of the 22d of April, 1794, entitled "An act for the better preventing of crimes, and for abolishing the punishment of death in certain cases :" 3 Smith's Laws, 186; Brightly's Digest, 393, No. 7; and the fourth section of the Act of 23d April, 1829: 10 Smith's Laws, 437; Brightly's Digest, 393, No. 8. This offence is not usually prosecuted in the courts of the Commonwealth, inasmuch as the laws of the United States are much more complete and perfect. The jurisdiction of the courts of the United States over this offence is not, however, exclusive, inasmuch as the fourth section of the Act of Congress of the 21st of April, 1806, reenacted by the twenty-sixth section of the Act of the 3d of March, 1825 (Brightly's Digest of the Laws of the United States, 216), declares that nothing in these acts shall be construed to deprive the courts of the individual States of jurisdiction under the laws of the several States over offences made punishable by these acts. In the cities of Philadelphia and Pittsburg, where there are permanent courts of the United States, there is no difficulty in prosecuting the counterfeiting of the currency committed therein. But where this offence is committed. at places distant from these centres of population, it is important that the local tribunals should possess adequate facilities to punish it, without putting the injured citizen to the inconvenience of attending the sessions of a remote tribunal. It was, obviously, this consideration which induced Congress not to interfere with State jurisdiction. The case of Fox v. The State of Ohio, 5 Howard, 410, decides that State jurisdiction may be properly exercised over such crimes. Our

existing laws are insufficient to meet all the cases of these crimes, and these sections are intended to remedy this defect.

SECS. 168, 169. These sections are intended to supply all our existing legislation against the forging, counterfeiting, uttering and publishing bank paper, and the amendment of the same wherever it seems inadequate. These laws are found in the eleventh and twelfth sections of the Act of 25th March, 1824, entitled "An act to re-charter certain banks :" 8 Smith's Laws, 217; Brightly's Digest, 392, Nos. 4 and 5; the fifth section of the Act of 22d April, 1794, entitled "An act for the better preventing of crimes, and for abolishing the punishment of death in certain cases" 3 Smith's Laws, 186; Brightly's Digest, 392, 393, Nos. 4 and 5; and the fourth section of the Act of 23d April, 1829, entitled "A further supplement to an act, entitled 'An act to reform the penal laws of this Commonwealth :'" 10 Smith's Laws, 430; Brightly's Digest, 393, No. 8. A clause has been introduced against "the preparing any metallic, or other plate, after the similitude of any plate from which notes or bills issued by any bank shall have been printed or taken." This is intended to cover forgeries by means of photographic plates of any kind.

SECS. 169, 170, 171. These sections are new. Their meaning and object are sufficiently clear, without additional comment, and in our opinion, the necessity for their introduction into our penal code is sufficiently manifest.

SEC. 172. This section is intended to embrace the large class of forgeries of written instruments, not embraced in the preceding sections, which have special reference to bank paper, and which are now punished at common law.

SEC. 173. This section is the re-enactment and extension of the Act of 1705, entitled "An act for county seals, and against counterfeiting hands and seals:" 1 Smith's Laws, 49; Brightly's Digest, 392, No. 2. The crime is now punished by the eighth section of the Act 23d April, 1829: 10 Smith's Laws, 437; Brightly's Digest, 394, No. 8. Corporation seals have been included.

SEC. 174. This section is an amendment of the Act of 1700, entitled "An act against defacers of charters:" 1 Smith's Laws, 4; Brightly's Digest, 392, No. 1.

SEC. 175. This section is a consolidation of the one hundred and ninety-eighth and two hundredth sections of the Act of 15th