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An Act modifying the Penal Code, to correspond with the establishment of a Penitentiary. 1838 121 (1838)

handle is hein.slavery/ssactsar0032 and id is 1 raw text is: 11 subscribe an oath faithfully to discharge their duties according to law, and for the best interests of the state, and to support the constitution of the state; and the commissioners to locate the penitentiary and super- intend its structure, shall hive power to employ an architect and all other necessary builders and hands, with suitable compensation, sub- ject to the restrictions prescribed by law; and each commissioner, during the performance of his duties, shall receive a salary of three hundred dollars per annum. SEc. 15. Be it further enacted, That the sum of five thousand dol- lars be, and the same is hereby, appropriated out of any moneys in the treasury not otherwise appropriated, to pay commissioners and other officers of the penitentiary, and to defray the contingent ex- penses thereof. This act shall take effect, and be in bree, at the same time that the act passed by this general assembly, entitled An act modifying the penal code to correspond with the establishment of a penitentiary, takes effect, and is in force. G. MARSHALL, Speaker of the House of Representaites. MARK W. IZARD, President of the Senate. Approved: December 17th, 1838. J. S. CONWAY. An Act modifying the Penal Code, to correspond with the establishment of a Penitentiary. SEction. 1. Dolinition of murder. Verdict, how rendered. 2. Punishmont for murder. 3. Manslaughter. 4. Arson, rape, sodomy, bigamy, incest, burglary, robbery, kidnapping, no- gro.stealing, horse.stealing, buying stolen horses, larcony, buying sto. lon goods, stealing paper money, receiving stolen paper money, for. gory, &c., how punished. 5. Counterfeiting, &c. 6. Definition of words corporation, company, or person. SECTION, 7. Making instruments for counterfeit. ing coin, &c. how punished. 8. Perjury. Embezzling papers. 9. Assisting in murder, &c. Maiming. 10. Roscuing prisoners. Officers permit. ting prisoners to escape. Slaves, how punished. 11. Criminals disfranchised. 12. Conflicting provisions repealed.-- When this act to take effect. 13. Governor to issue proclamation to on. force this act. Be it enacted by the General Assembly of the State of .ilrkansas, That all murder which shall be perpetrated by means of poison or by lying in wait, or by any other kind of wilful, deliberate, malicious, and premeditated killing, or which shall be committed in the perpe- tration of, or in the attempt to perpetrate, arson,rape, robbery, burglary, or larceny, shall be deemed murder in the first degree, and all other murder shall be deemed murder in the second dcgrce; and the jury 16

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