tent to kill, wound or main; every person so offending, shall be deemed guilty of a misdemeanor and ap on conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than five, nor less than three years,

Sec. 23. Be it further enacted, That if any person shall, by word, message, letter, or in any other way challenge another to fight a duel or shall accept a challenge to fight a duel, although no duel be fought or shall knowingly be the bearer of such challenge, or shall abet, prompt, encourage, or persuade, or cause any person to fight a duel, or to challenge another to fight a duel, (if such duel be fought) or to accept a challenge to fight a duel. although no del be fought; every person so offending, shall be dee ned guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the penitentiary, and kept at hard labor, not more than ten years,

less than three years; and if any person shall engage in, and fight a duel with another, or shall be second to such a duel; every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor not more than ten, nor less than five years

Sec. 24. Be it further enacted, That if any person or persons, shall receive or buy any goods or chattels, of the value of fifty dollars or upwards, that shall have been stolen, or taken by robbery, knowing the same to be stolen or taken by robery, with intent to defraud the owner, or shall harbor or conceal any thief or robber, knowing him or he to be such; every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than seven, nor less than three years.

Sec. 25. Be it further enacted, That if any person

shall steal any horse, mare, gelding, foal or filly, ass or mule, or if any person shall receive, or buy any horse, mare, gelding, foal or filly, ass or mule, that shall have been stolen, knowing the same to be stolen with intent to defraud the owner; or if any person shall conceal any horse thief, knowing him to be such; every person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary and kept at hard labor, not more than fifteen, nor less than three years.

Sec. 26. Be it further enacted, That if any person shall stamp or otherwise counterfeit, any of the coins of gold, silver or copper, currently passing in this state, or shall alter and put off any of such counterfeit coins, knowing them to be such; or shall make any instrument for counterfeiting any of the coins aforesaid, or shall aid or assist therein; eyery person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary. and kept at hard labor, not more than ten, nor less than three years.

Sec. 27. Be it further enacted, That if any person shall pass or attempt to pass any base and counterfeited coin or coins, knowing them to be such, or shall pass or attempt to pass, any false, forged or counterfeit bank note or notes, knowing them to be such,every person so offending,shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than six, nor less than three years.

Sec. 28. Be it further enacted, That if any person shall engrave any plate for striking or printing any false or countefeit bank notes, knowing it to be designed for that purpose, or shall knowingly have in his possession and secretly keep any plate for the purpose aforesaid,; every person so offending,

shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than six nor less than three years.

Sec. 29. Be it further enacted, That if any person shall knowingly sell and convey any tract or parcel of land, without having a title to the same, either in law or equity, evidenced by a written contract, devise or descent or deed of conveyance, with intent to defraud the purchaser; every person.so offending, shall be deemed guilty of fraud, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor for the space of three years.

Sec. 30. Be it further enacted, That in all trials for murder, the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it be murder in the first or second degree; and if such prisoner be convicted by confession in open court, the court shall proceed by examination of witnesses, to determine the degree of the crime, and shall pronour ce sentence accordingly.

Sec. 31. Be it further enacted, That if any person shall aid, assist, abet, or procure any other person to commit any one of the offences by this act made criminal, and punishable by death, or imprisonment in the penitentiary; every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, for any time between the respective periods for which the principal offender could be im risoned for the principal offence; or if the principal offender would upon conviction, be punishable with death, then such aider, assister, abettor or procurer, upon conviction thereof, shall in like manner suffer death.

Sec. 32. Be it further enacted, That when any person shall give any mortal blow, or administer any

poison to another, in any county within this state, and the party so stricken or poisoned, shali thereof a:terwards die, in any other county or state, the person giving such mortal blow, or administering such poison, may be tried and convicted of murder, or man slaughter, as the case may be, in the county where such mortal blow was given or poison administered.

Sec. 33. Be it further enacted, That in all çases where any person shall be convicted of any of fence by this act declared criminal, the court shall dere in their sentence, for what period of time, within the respective periods prescribed by law, such convict shall be imprisoned, at hard labor in the penitenuary, and shall moreover determine and dec.en their sentence whether any, and for what period of time such convict shall be kept in solitary confinemen in the cells of the penitentiary.

Sec. 34. Be ut further enacted, That in all cases where any person shall be convicted of any offence, by tris act declared criminal and punishable,by imprisonment in the penitentiary, the court shall determine or declare in their sentence, for what period of time, if any, such convict shall be kept in solitary confinement in the cells of the penitentiary..

Sec. 35. Be it further enacted, That the mode of inflicting the punishment of death, in all cases under this act, shall be by hanging by the neek until the person be dead; and he sheriff or the coroner, in case of the death, inability, or absence of the sheriff of the proper county, in which sentence of death shall be pronounced by this act, shall be the executioner.

Sec. 36. Be it further enacted, That the act for the punishment of crimes, and all acts, and pers of acts, now in force, in any way relating to any of the crimes by this act declared criminal, and punisirable with death, or imprisonment in the peni»

tentiary, shall be, and the same are hereby repealed: Provided nevertheless, that all offences committed prior to the taking effect of this act, shall be prosecuted and punished in the same manner as if this act had never been passed.

This act to take effect, and be in force from and after the first day of August next.

JOSEPH RICHARDSON, Speaker of the house of representative. ALLEN TRIMBLE,

February 2, 1821.

Speaker of the senate:

CAPTER XCVIII

An act supplementary to the act for the punishment of certain offences therein named.

Sec. 1. Be it enacted by the General Assembly of the state

of Ohio, That if any person shall steal any money,