8. The public records.

9. The current coin and public securities.

10. The public revenue.

11. The commerce and manufactures.

12. The public property.

13. The public roads, embankments, navigable waters, and other property held by the sovereign power for the common use of the people. 14. The public health.

15. The morals of the people.

Art. 80. Those are private offences which principally affect individuals, or such societies as are either established or permitted by law; they are such as affect them,

1. In the exercise of their religion.

2. In their honour and reputation.

3. In their persons.

4. In their profession and trade.

5. In their civil and political rights and conditions.

6. In their property.

Art. 81. The division of offences marked out by this chapter, is intended only for the establishment of order in the arrangement of the code; each offence will be hereinafter particularly defined and illustrated; and no act or omission is an offence, which does not come within some one of those definitions as they are explained and illustrated.

CHAPTER II.

Of punishments.

Art. 82. To enforce the performance of a duty, or to give compensation for or prevent the infraction of a right, is the province of civil law. Penal law designates such infractions as require coercion or punishment to prevent or repress them; and it provides for each wrong thus designated, the requisite remedy of prevention, removal of the evil, or penalty for its commission. This code is strictly penal: compensation forms no part of its sanction. But no punishment deprives the party who is injured by an offence, of his civil remedy; the reservation of such right to civil redress, is no where expressly made, but is in all cases understood.

Art. 83. The claim of the party injured by an offence, when it becomes liquidated by a judgment, is preferred in cases of insolvency, to the claim of the state for a fine imposed for the same offence. And if the fine be levied, and there is no property sufficient to satisfy the execution on the private suit, the amount of the fine, or as much of it as may be necessary, shall, on petition against the officer of government in whose hands it may be, be paid over to satisfy the judgment obtained by the party injured.

Art. 84. The civil remedy for the wrong occasioned by an offence may be pursued, either against the offender (when he is not confined at hard labour), or against the curators of his estate, when they are appointed according to the directions hereinafter contained.

Art. 85. The punishments and penalties to be incurred for offences

under this code are,

1. Pecuniary fines.

2. Simple imprisonment.

3. Imprisonment in close custody.

4. Deprivation of office.

5. The suspension of some one or more political or civil rights for a limited period.

6. The forfeiture of some one or more political or civil rights. 7. Imprisonment and hard labour for a limited time.

8. Imprisonment at hard labour for life. Both these last punishments, with or without the addition of solitary confinement and other privations, as are directed in different parts of this code.

Art. 86. In addition to these punishments, where the offence is of a continuous nature, there must be judgment for its discontinuance.

Art. 87. In conviction for offences that affect honour or reputation, the judgment may, in addition to, or as an alternative for the punishment assigned, grant an honorary reparation, in the manner designated in that class of offences.

Art. 88. Pecuniary fines imposed for offences shall be levied by execution in the name of the state; in the same manner as is directed by the practice in civil cases, for enforcing the execution of a judgment for debt, in the highest court of original jurisdiction in the state; and the fine shall be a lien upon real property, from the time it is registered in the office of the register of mortgages, in the manner directed by law for the registry of judicial mortgages.

Art. 89. The death of the offender operates as a discharge of all pecuniary fines imposed upon him even if execution be issued, the officer shall proceed no further therein. If the offender die before a sale on such execution, the lien created by the registry of such fine shall, by order of the court, be taken off, on proving the death of the offender; unless real property shall have been sold, subject to such lien, and the amount thereof shall have formed part of the price; in which case, the amount of such fine shall be levied by sale of the said real property, notwithstanding the death of the person on whom the fine was imposed.

Art. 90. A pecuniary fine shall in no case exceed one fourth part of the value of the property, real and personal, of the person on whom it is imposed; and such person may, in all cases, have any pecuniary fine reduced to that amount, on showing the true value of his property, to the satisfaction of the court; in which case the court must commute the part of the fine that is deducted into imprisonment; calculating one day's imprisonment for every two dollars deducted from the fine, and the imprisonment, or any part of it, may be in close custody with the limitation contained in the next article.

Art 91. The wearing apparel, implements of trade, and household furniture of the delinquent, shall not be seized on an execution to satisfy a pecuniary fine, nor shall his arms or accoutrements as an officer or private in the militia. If no other property be found, the court imposing the fine may, on such return being made on the execution, direct that the offender be imprisoned (either in close custody or in simple imprisonment, for the whole or a part of the time, at their discretion) one day for every two dollars contained in the amount

of the fine imposed; provided, that such imprisonment do not exceed the term of ninety days, whatever be the amount of such fine; and such imprisonment shall operate as full satisfaction of such fine.

Art. 92. Simple imprisonment is inflicted by the mere confinement of the offender in the common prison, appointed for that purpose by law, which shall be in a building or apartment distinct from the penitentiary. This punishment consists simply in the confinement of the person within the walls of such prison, the prisoner being debarred neither the use of books, nor the means of writing, nor the society of such persons as may desire to see him during the hours established by the general regulations for the prison.

Imprisonment in close custody is an imprisonment within a single chamber of the common prison, during which the prisoner is to be allowed no other sustenance than the common prison allowance, and is debarred all visits, except such as may be specially allowed by the judge in particular cases of business or sickness.

Art. 93. The civil rights, which may be forfeited or suspended by virtue of any sentence importing such forfeiture or suspension, are divided into three classes:

1. The right of exercising the duties of executor, administrator, tutor, curator, attorney at law, attorney in fact, or being appointed to any PRIVATE OFFICE, which is now, or may hereafter, be established by law. 2. The right of appearing in person, or by attorney, in any court, as party to a suit, either as plaintiff or defendant.

3. The right of bearing arms in defence of the country, and of serving on juries.

Art. 94. All political rights are suspended by a sentence of imprisonment at hard labour, during the period for which such imprisonment is directed; if such sentence be for life, all those rights are forfeited.

Art. 95. A sentence of imprisonment at hard labour suspends, during the term of such imprisonment, all civil rights. If such sentence be for life, all civil rights are forfeited. Forfeiture or suspension of civil rights is directed in certain cases, which are specially provided for.

Art. 96. A suspension or forfeiture of political rights, whether expressly pronounced or implied, by the operation of the two last preceding articles, deprives the offender of any PUBLIC OFFICE he may

hold at the time.

Art. 97. When sentence of forfeiture or suspension of civil rights, or of those of the first class only, has been expressly pronounced or implied by a sentence of imprisonment at hard labour, all the duties, trusts, or PRIVATE OFFICES, coming within the first class of civil rights, are vacated by the sentence; and some other person shall be appointed to fulfil the same, in the same manner as if the vacancy had been occasioned by death.

Art. 98. During the term of imprisonment at hard labour, the administration of the affairs of the convict is committed to a curator, named in the manner directed by the Code of Procedure.

Art. 99. Imprisonment at hard labour is inflicted in the following degrees:

I. At labour in classes of convicts, in the manner directed by the Code of Reform and Prison Discipline.

2. At labour in solitude.

3. In solitude, with occasional labour.

Art. 100. When any one convicted of murder under trust, assassination, or parricide, shall die in prison, his body shall be delivered for dissection; and the court may, at their discretion, add the same provision to their judgment in the case of simple murder or rape.

Art. 101. The punishment of imprisonment at hard labour admits of aggravation and alleviation, in different offences, as to food, dress, hours of labour, solitude and other particulars which are described in this code, and in the Code of Reform and Prison Discipline.

Art. 102. For different modifications of the same offence, aggravations and alleviations of punishment are directed in this code, by a reference to the punishment assigned to the principal offence; which it orders to be increased or diminished in a certain proportion. To apply this proportion, the following rules are to be observed:

1. If the direction be to diminish the punishment of imprisonment for life, the proportion shall be taken on a period of twenty-four years. 2. If the punishment directed to be increased or diminished leave a discretion to the court between a longer and a shorter term of time, or a greater or a smaller fine, the highest and the lowest terms or sums shall be diminished or increased in the proportion directed.

3. When no lower term or sum is fixed, the highest term or sum must be increased or diminished in the proportion directed, as the highest limit. The court must determine what judgment they would have probably rendered for the simple offence, and take that as the sum or term on which to calculate the proportion of punishment for the modified offence.

4. In all cases where a discretion is given to the court, they must observe the last preceding rule; and within the increased or diminished limits, calculate the increase or diminution of punishment for the modified offence, upon the term or sum they would have assigned to the simple offence.

5. Where the punishment is a forfeiture of civil or political rights, and a diminution is directed, the proportion shall be determined by a suspension of those rights, calculated on a number of twenty-four years as the whole.

6. When the judgment is a suspension of such rights for a definite time, the proportion shall be calculated on that time.

All the other incidents of the whole punishment are annexed to the proportion during the period it lasts.

Art. 103. Fines for certain offences are directed to bear a certain proportion to the income or emoluments of the office held by the offender. To determine the amount of these fines, the court may examine witnesses as to the reputed emoluments, which may be reduced, if higher than the truth, by the oath of the defendant, which it is optional with him to give.

Art. 104. Where for the offence of bribery a fine is directed to be imposed, bearing a certain proportion to the value of the bribe offered or received, and such value cannot be ascertained, or if the bribe is something which cannot be appreciated in money, the fine imposed shall not be less than five hundred dollars, nor more than three thousand dollars, unless there be a special provision to the contrary.

Art. 105. No other punishments can be inflicted for any offence than those enumerated in this chapter, and only in the cases provided for by this code.

Art. 106. Where one person shall be guilty of several offences before he has been convicted of any, the punishment for each successive offence is cumulative; but the augmented punishment prescribed for the repetition of offences is not thereby incurred; and where the punishment for a former offence is less than imprisonment for life, the imprisonment incurred for the second conviction shall commence at the expiration of the first imprisonment.

Art. 107. The person of a convict who is condemned to imprisonment, which brings with it a forfeiture of his civil rights, is under the protection of the law, as well as in its custody. Any restraint or violence to his person, beyond that necessary to the execution of the sentence of the law, is punishable in the same manner as it would be if he were not convicted.

Art. 108. The privation of the right to bear arms in defence of the country, does not give an exemption from military duty. Persons under this disability are forced to serve, but without arms, on working parties, and in the drudgery of the service.

TITLE II.

OF OFFENCES AGAINST THE SOVEREIGN POWER OF THE STATE.

CHAPTER I.

Of treason.

Art. 109. Treason is defined by the constitution of the state. It consists in levying war against the state, or in adhering to its enemies, giving them aid and comfort; but as by the nature of the union between the different states, the levying war against one state is a levy of war against the whole, and the constitution of the United States having made that act treason, and vested the cognizance of the crime in the courts of the United States, no provisions are deemed proper to be made respecting that offence.

CHAPTER II.

Of sedition.

Art. 110. Whoever shall, by FORCE OF ARMS, attempt to DISMEMBER the state, or to SUBVERT OR CHANGE the constitution thereof, shall be imprisoned at hard labour in solitude for life, and after death his body shall be delivered for dissection.