as shall be sufficient to purchase and provide the books aforesaid; and shall apply the same accordingly.

LEWDNESS.

The offence of keeping a bawdy-house, as also all open lewdness, grossly scandalous, is punishable at the common law, upon indictment, by fine, imprisonment, and such infamous punishment as the court in their discretion may direct.

Frequenting houses of ill fame is also indictable, and is punishable by fine and imprisonment.

A wife may be indicted and set in the pillory with her hus band, for keeping a brothel. For this is an offence touching the domestic economy or government of the house, in which the wife has a principal share; and is also such an offence as the law presumes to be generally conducted by the intrigues of the female sex.

But if a man be indicted for frequenting a bawdy-house, it must appear that he knew it to be such. And it must be expressly alleged that it is a bawdy-house, and not that it is suspected to be such a house.

And a woman cannot be indicted for being a bawd generally, for the bare solicitation of chastity is not indictable..

By acts of 1805, c. 14, the crimes of fornication and adultery, where a man shall take a woman into his house or a woman a man, and they shall have one or more children without parting or an entire separation; or where it shall be proved to the satisfaction of the court and jury before whom it shall be tried, that they bed or cohabit together, shall be deemed and held indictable offences, and cognizable before any of the superior or county courts in this state. And any person legally convicted of either of the aforesaid offences, shall be fined at the discretion of the court before whom he or she may be tried, in any sum not exceeding 100l. Provided always, that the evidence of the person who may be particeps criminis shall not be admitted to charge any defendant under this act.

LIBEL.

Libels, taken in their largest and most extensive sense, signify any writing, pictures, or the like, of an immoral or illegal tendency. But, in the sense under which we are now to consider them, are malicious defamations of any person, and

especially a magistrate, made public by either printing, writing, signs, or pictures, in order to provoke him to wrath, or expose him to public hatred, contempt, or ridicule. The direct tendency of these libels is a breach of the public peace, by stirring up the objects of them to revenge, and perhaps to bloodshed. The communication of a libel to any one person, is a publication in the eye of the law. And therefore the sending an abusive private letter to a man, is as much a libel as if it were openly printed. For it equally tends to a breach of the peace.

The punishment of such libellers, for either making, repeating, printing, or publishing the libel, is fine, and such corporal punishment as the court in their discretion shall inflict, regarding the quantity of the offence, and the quality of the offender.4 Bla. Com. 150.

By acts of 1803, c. 8, it is lawful for every defendant, who shall be charged by indictment with the publication of a libel, to prove on the trial of the same, the truth of the facts alleged in the bill of indictment: and upon the introduction of testimony, the facts are true, with the publication whereof the defendant stands charged, such evidence shall be deemed to be a come plete justification of the charge.

if it shall appear to the satisfaction of the jury, thes

LIMITATIONS.

Seven years' actual and peaceable possession of land, under a deed or other colourable title, is a perpetual bar against all persons; and twenty-one years like possession will bar the

state.

If however, at the time the title accrues, the party entitled to the land, is within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas, such person may notwithstanding the seven years be expired, commence his or her suit, or make his or her entry, within three. years next after full age, discoverture, coming of sound mind, or enlargement out of prison; and persons beyond the seas within eight years after their title accrues.

All actions of account rendered, actions upon the case, actions of debt for arrearages of rent, actions of debt grounded upon any lending or contract without specialty, actions of detinue, replevin, and trespass quare clausum fregit, shall be brought within three years next after the cause of action, and not after; except such accounts as concern the trade of mer

chandize, between merchant and merchant and their factors or servants; and actions of trespass, assault and battery, wounding, imprisonment, or any of them, within one year after the cause of action, and not after; and actions upon the case for words, within six months after the words spoken, and not after.

If on any of said actions, the plaintiff's judgment be reversed or arrested; or if the actions be brought by original writ, and the defendant cannot be attached or legally served with process, in all such cases the plaintiff, or his legal re presentatives, may commence a new action from time to time," within a year after such reversal or arrest of judgment or till the defendant can be attached, or served with process, so as to compel him to appear and answer.

If any person entitled to any such action of trespass, detinue, trover, replevin, actions of account and upon the case, action of debt for arrearages of rent, action of debt grounded. upon any lending or contract without specialty, action of assault, menace, battery, wounding, and imprisonment, action of trespass quare clausum fregit, action upon the case for slanderous words, be, at the time any such cause of action accrue, within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas, then such person is at liberty to bring the same actions within such times as are before li mited, after his or her coming to or being of full age, discoverture, of sound mind, at large, or returned from beyond the seas, as other persons having no such impediment might have done.

The aforesaid act of limitations applies to all bills and other securities, not under seal, made transferable by acts of 1786, c. 4, after the assignment or endorsement thereof, in the same manner as it operates by law against promissory notes.

When the person against whom there is cause of action is beyond sea at the time the right of action accrues, the party having such cause of action may bring the same, within such time as is limited by the act of limitations aforesaid, after the return of the absent party.

By acts of 1814, c. 29, if an orphan coming to the age of twenty-one years, does not call on his or her guardian, within three years from thence, for a full settlement of his guardianship, the securities of such guardian shall be discharged from all liability. But nothing in this act shall extend to persons imprisoned, beyond seas, or non compos mentis.

By acts of 1808, c. 8, all actions to recover penalties under the acts of the general assembly, unless otherwise limited,

shall be brought within three years after the cause of action *accrues, and not after.

By acts of 1810, c. 18, all suits on the bonds of sheriffs, clerks of the superior courts, and clerks of the courts of pleas and quarter sessions shall be brought and prosecuted within six years after the right of action accrues, and not after;— saving nevertheless the rights of infants, femes covert, and persons non compos mentis, so that they sue within three. years after their disabilities are removed.

By acts of 1789, c. 23, the creditors of any person deceased, if they reside within this state, shall within two years, and if they reside without the limits of this state, shall within three years, from the qualification of the executor or administrator, exhibit and make demand of their respective accounts, debts, and claims of every kind whatever, to such executor or administrator. And if they fail to demand and bring suit within the aforesaid limited time, they shall be forever barred. Provided, that infants, persons non compos mentis, and femes covert, may bring their several actions after the expiration of said term, but within one year after their disabilities are removed. Provided also, that if any creditor, who after making demand, shall delay to bring suit at the special request of the executor or administrator, then the said demand shall not be barred during the time of the indulgence.

And the act of 1799 revives and enforces the ninth section of the act of 1715, which declares that "creditors of any per son deceased shall make their claim within seven years after the death of such debtor, otherwise such creditor shall be for ever barred."

LUNATICS-See Idiots and Lunatics.

MAIM.

Mayhem, or maim, is the violently depriving another of the use of such of his members as may render him the less able,. in fighting, either to defend himself or to annoy his adver

sary.

1

Therefore, the cutting off, or disabling, or weakening at man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which in all animals, abates their courage, are held to be mayhems.

But the cutting off his nose or ear, or the like are not held to be mayhems at common law; because they do not weaken, but only disfigure him.

Maiming at the common law is punishable by fine and im prisonment, except the offence of mayhem by castration, which all the old writers held to be felony..

By statute 5 Hen. 4, c. 5, beating, wounding, or robbing a man, and then cutting out his tongue or putting out his eyes, to prevent him from being an evidence against the offenders, is felony if done of malice prepense, that is voluntarily and of set purpose. But this is a felony within clergy.

By statute of 37 Hen. 8, c. 6, if a man shall unlawfully and maliciously cut off the ear of any citizen, he shall forfeit treble damages to the party grieved, and pay a fine of ten pounds to the public. Hayw.

If any person or persons shall of malice aforethought, unlawfully cut out or disable the tongue, or put out an eye of any person, with intent to murder, maim, or disfigure, the person or persons so offending, their counsellors, abetters, and aiders, knowing of and privy to the offence as aforesaid, shall, for the first offence stand in the pillory for two hours, have both his ears nailed to the pillory and cut off, and receive thirty nine lashes on the bare back; and for the second of fence shall be declared to be guilty of felony, and shall suffer as in case of felony, without benefit of clergy. But no con» viction and judgment under the act shall work a forfeiture of goods and chattels, lands and tenements, or corruption of blood.

If any person or persons shall on purpose unlawfully cut or slit the nose, bite or cut off a nose or lip, bite or cut off an ear, or disable any limb or member, of any other person, with intent to murder, or to maim, or disfigure such person; in evezy such case the person or persons so offending, being thereof lawfully convicted, shall be imprisoned for the space of six months, and fined at the discretion of the court before whom such offence shall be tried.Acts 1791, c. 8.

Maintenance is an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party, with money or otherwise, to prosecute or defend it.

A man may lawfully maintain the suit of his near kinsman, servant, or poor neighbour, out of charity and compassion,