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An Act to change the penalties and punishments of certain crimes as now prescribed by law. 1864 13 (1864.9)

handle is hein.slavery/ssactsar0199 and id is 1 raw text is: earnestly call the attention of his Excellency, the Governor of this State, and General Smith, commanding this military department to this fact, to the end that they may institute such inquiry, and adopt such measures as may be needful, to the protection of the public interest in that behalf. APPROVED, October 1, 1864. AN ACT to change the penalties and punishments of certain mimes as now prescribed by law. SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That any person who may be hereafter convicted of the crimes of murder in the second degree, arson, burglary, rob- bery, counterfeiting, forging, negro stealing, horse stealing, embez- zling the public money or moneys of the State, sodomy, buggery, kidnapping, perjury, subornation of perjury, bigamy or incest, shall suffer the penalty of death. SEC. 2. Be itffurther enacted, That any person who shall be con- victed of rape, an attempt to commit a rape or who shall with intent to commit a rape administer to any female any potion, substance or liquid with intent to produce such stupor or im- becility of mind or weakness of body, as to prevent effectual re- sistance or who shall carnally know or abuse any female child under the age of puberty shall be punished with death. SEC. 3. Be it further enacted, That any person who may be con- victed of receiving or buying any negro or negroes, horse or horses, mules, asses or jennies that shall be stolen knowing the same to be stolen with intent to deprive the true owner of his property therein shall suffer death. SEC. 4. Be it further enacted, That any person who may be con- victed of enticing away slaves from their masters or inciting in- surrection among slaves contrary to the provisions of sections one and four of article (4) four of chapter fifty-one of Gould's Digest of the Statutes of Arkansas, shall suffer the penalty of death. SEC. 5. Be it further enacted, That any person who may be con- victed of unlawfully setting at liberty any person in arrest as provided in sections one and thirteen of article four chapter fifty- one of Gould's Digest under the head of Obstructing Process shall suffer the penalty of death, but the judge before whom the same is tried if he shall deem the penalty of death excessive punish- nient under the proof rendered on the trial may commute the punishment to whipping or the pillory as in his discretion may seem just and consistent with the evidence in the case. SEC. 6. Be it further enacted, That any person who shall unlaw- fully and against her will take any woman and by force duress or menace with intent to compel her to marry him or to marry any ARKANSAS. is

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