county judge or circuit judge of the county, shall be authorized to issue his proclamation, offering a reward, not exceeding five hundred dollars, for the apprehension of the accused.

county jail.

§ 25. In all cases where the party convicted of an offense Imprisonment in is punished by fine and imprisonment, or by imprisonment alone, the imprisonment shall be by close confinement in the jail of the county in which the defendant was tried. § 26. All fines and forfeitures which may be imposed by law shall inure and vest in the Commonwealth, except in cases where, by law, the whole or a part thereof shall be given to a person or to some particular object.

Fines and forfeit

ures, to whom in

ure."

27. Fines or forfeitures may be recovered by civil pro- How recovered. cedure before any judicial tribunal having jurisdiction, or upon indictment of a grand jury.

§ 28. If any indictment pending in any of the courts of this Commonwealth shall be stolen, destroyed, or otherwise lost, it shall be lawful for the defendant or defendants to be again indicted for the offense by another grand jury, and, when the offense is a misdemeanor, the time intervening between the finding of the first and new indictment shall not be computed in the lapse of time or limitation that will bar the prosecution for said offense, if a new indictment shall be found and filed at or before the second court which may be held in the county after the loss or destruction of the indict

ment.

Myers' Sup., 163.

When indictment

is stolen, lost, or destroyed, & of limitation herein.

ARTICLE II.

Jurisdiction.

§ I. In all cases where any part of a river, water, watercourse, highway, road, or street, shall be the boundary line between two counties, the courts and judges and justices, and all circuit and county officers of both such counties, shall have concurrent jurisdiction in all cases over the whole extent of such parts of said river, water, water-course, highway, road, or street.

§ 2. The circuit court of each county bordering on the Mississippi, Ohio, Big Sandy, or Tennessee rivers, shall have concurrent jurisdiction of any treason or felony committed on any of said rivers.

§3. No person shall be twice punished or put in jeopardy for the same offense, under the provisions of the two preceding sections.

GEN. STAT.-21

ARTICLE III.

Treason and Willful Murder.

§ 1. If any person be guilty of treason against the ComTreason how to monwealth of Kentucky, he shall be punished with death, be punished. or be confined in the penitentiary not less than ten nor more than twenty years, at the discretion of the jury.

1 R. S., 376.

§ 2. All distinction between petit treason and willful murder is abolished.

§ 3. If any person be guilty of willful murder, he shall be Willful murder punished with death, or confinement in the penitentiary for life, in the discretion of the jury.

how punished.

Voluntary manslaughter.

1 R. S., 378.

Willful shooting, stabbing, etc.

ARTICLE IV.

Voluntary Manslaughter, Rape, and Abduction.

1. Whoever shall be guilty of voluntary manslaughter shall be confined in the penitentiary not less than two nor more than twenty-one years.

§ 2. Any person who shall willfully strike, stab, thrust, or shoot another, not designing thereby to produce or cause his death, and which is not done in self-defense, or in an attempt to keep and preserve the peace, or in the lawful arrest or attempt to arrest a person charged with felony or misdemeanor, or in doing any other legal act, so that the person struck, stabbed, thrust, or shot, shall die thereof within six months next thereafter, shall be confined in the penitentiary not less than one nor more than six years. But this section shall not be construed to change the law of malice in respect to any other offense.

3. Whoever shall be guilty of the crime of rape upon Rape on infant the body of an infant under twelve years of age, shall be punished with death, or with confinement in the penitentiary for life, in the discretion of a jury.

under twelve.

§ 4. Whoever shall attempt to commit a rape upon the Attempt to rape body of an infant under twelve years of age, shall be confined in the penitentiary not less than five nor more than twenty years.

infant under the age of twelve.

Acts 1867, 102;
1869, 52.
Rape.

§ 5. Whoever shall unlawfully carnally know a female of and above twelve years of age against her will or consent, or by force, or whilst she is insensible, shall be guilty of rape, and punished by confinement in the penitentiary not less than ten nor more than twenty years, or by death, in the discretion of the jury.

male under 12, or an idiot.

R. S., 380. ing away girl un

Unlawfully takder 14 years of

§ 6. Whoever shall carnally know a female under the age Carnally know feof twelve years, or an idiot, shall be confined in the penitentiary not less than ten nor more than twenty years. § 7. Whoever, being above the age of fourteen years, shall unlawfully take, without her consent, any unmarried girl under the age of fourteen years out of the possession of her father, mother, or other person having the lawful custody and charge of her, against the will and consent of such person, shall be confined in the penitentiary from one to two years, or fined from one to five hundred dollars, or both, at the discretion of the jury.

§ 8. Whoever, being above the age of fourteen years, shall unlawfully lead or take away, or decoy, or entice away, or detain any child under the age of ten years, with intent to deprive the parent, or other person having the lawful care, charge, or possession of such child, or with intent to steal any article of value upon or about the person of such child, or shall, with any such intention, receive, conceal, or harbor such child, knowing it to have been so taken or enticed away, shall be confined in the penitentiary not less than one nor more than three years. But no person claiming in good faith to be the parent of such child, or to have the right to its possession, shall incur the penalty prescribed in this or the next preceding section.

age.

Unlawfully

de

coying or enticing away any child

under ten years

of age.

ing or detaining a woman against her will with in

§ 9. Whoever shall unlawfully take or detain any woman Unlawfully tak against her will, with intent to marry such woman, or have her married to another, or with intent to have carnal knowl- tent to marry her. edge with her himself, or that another shall have such knowledge, shall be confined in the penitentiary not less than two nor more than seven years.

10. Whoever being married, the first husband or wife, Bigamy. as the case may be, being alive, shall marry any person, shall be confined in the penitentiary not less than three nor more than nine years. Persons whose husband or wife shall have absented themselves, and continually remained beyond the seas, or in any State of the United States, not having been heard of for the period of five years preceding the last marriage, the one not knowing the other to be alive; persons who at the time of such marriage shall be lawfully divorced and permitted to marry, or whose former marriage hath been or hereafter may be declared void; and persons

endowed.

whose former marriage was had or made within the age of consent, are not embraced in this section.

§ 11. If such offender be a man, his first wife shall, on his First wife to be conviction, be endowed of one third part of his real estate for life, and in fee of one third part of his other estate, to be If offender is a allotted and recovered as dower in other cases. And if the offender be a woman, she shall forfeit her claim to dower in her first husband's estate.

woman, shall forfeit dower.

§ 12. Whoever shall be convicted of the crime of sodomy Sodomy or bug or buggery with man or beast, he shall be confined in the penitentiary not less than two nor more than five years.

gery.

Incest.

stroying birth of bastard child.

§ 13. Whoever shall carnally know his or her father, mother, child, sister, or brother, knowing such relation to exist, shall be guilty of felony, and confined in the penitentiary not less than two nor more than six years.

§14. If any woman be delivered of any issue of her body, Concealing or de- which being born alive would be a bastard, shall endeavor privately, by drowning or secretly burying the same, or in any other way, directly or indirectly, to conceal the birth thereof, so that it may not be known whether it were born alive or not, she shall be confined in the penitentiary not less than one nor more than five years.

Acts 1859-'60, 8.

robbery, burgla

possession imple

ARTICLE V.

Robbery and Burglary.

SI. Every person guilty of robbery or burglary shall be 1 R. S., 381; confined in the penitentiary not less than two nor more than Punishment for ten years. If any person shall have or keep in his possesry, or having in sion any tools, implements, or other things used by burglars for house-breaking, forcing doors, windows, locks, or buildings, or other places where goods, wares, or merchandise, or money is kept, with the intention of using said tools or implements burglariously, shall be confined in the penitentiary not less than two nor more than ten years.

ments or tools

used for housebreaking.

intent to rob.

§ 2. If any person, with an offensive weapon or instruAssault, etc., with ment, shall unlawfully and maliciously assault, or shall by menace, or in or by any forcible and violent manner, demand any money, goods, or chattels, bond, bill, deed, or will, or other evidences of right, or anything of value, of or from any other person, with a felonious intent to rob or commit robbery upon such person, he shall be confined in the penitentiary not less than one nor more than two years.

§3. Robbery or larceny of obligations, bonds, deeds, wills, bills obligatory, or bills of exchange, promissory notes for the payment of money, paper bills of credit, certificates of deposit of money with any bank or other person, or certificates or obligations granted by the authority of this Commonwealth, that of the United States, or of any of them, or of account-books or receipts, shall be felony; and any person guilty of such felony shall be punished by confinement in the penitentiary for not less than two nor more than ten years.

§ 4. If any person shall feloniously take out of or from any church, chapel, or meeting-house, school-house, court house, or other public building, any goods or chattels, or other thing of value belonging thereto, or shall rob any person in his dwelling-house or place, or in any booth or tent in a fair or market, he, his wife, children, or servants, or other person then being within, or shall feloniously break any dwelling-house or any part thereof, or any out-house belonging to or used with any dwelling-house, and feloniously take away any thing of value, although the owner or any person may not be there, he shall be confined in the penitentiary not less than two nor more than ten years.

$5. Any person who shall forcibly break and enter into any railroad depot, car-factory, station-house, railroad car, or express car, with intent to kill or rob any person therein, or to steal property, money, or any thing of value therefrom, shall be deemed guilty of felony, and punished by confinement in the penitentiary not less than two nor more than ten years.

ARTICLE VI.

Maiming or other Crimes Against the Person.

§ 1. If any person shall, by fighting or otherwise, unlaw- Maiming, etc. fully pull or put out an eye, cut, or bite off, or slit the tongue, nose, ear, or lip, or cut or bite off any other limb or member of another person, he shall be confined in the penitentiary not less than one nor more than five years.

§ 2. If any person shall willfully and maliciously shoot at and wound another, with an intention to kill him, so that he does not die thereby, with a gun or other instrument loaded with a leaden bullet, or other substance, or shall willfully and maliciously cut, strike, or stab another with a knife, sword,

Malicious shooting, stabbing, or poisoning.