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The Perpetual Laws of the Commonwealth of Massachusetts
Massachusetts General Court
May 1789
Location of original: Massachusetts Historical Society, Boston, Massachusetts
 
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Page 188

 

Criminal Matters.
188 Arson. PART IV.

Penalty for concealing pregnancy, &c.

  I. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if any woman shall conceal her pregnancy, and shall willingly be delivered in secret by herself of any issue of her body, male or female, which shall by law be a bastard, every such woman so offending shall pay a fine not exceeding the sum of fifty pounds, to the use of this Commonwealth, to be recovered by information or indictment in any Court proper to try the said offence, or imprisoned, not exceeding three months, at the discretion of the Court.

Penalty for concealing the death of a bastard.

  II. And be it further enacted by the authority aforesaid, That if any woman shall endeavor privately, either by herself or the procurement of others, to conceal the death of any such issue of her body, which if it were born alive would by law be a bastard, so that it may not come to light whether it were born alive or not, or whether it was murdered or not, in every such case, the mother so offending shall be set upon the gallows, with a rope about her neck, for the space of one hour, and be further punished by being bound to the good behaviour, at the discretion of the Court.
Women charged with murder, directions in this case.   III. And be it further enacted by the authority aforesaid, That if the Grand Jury shall in the same indictment, charge any woman with the wilful murder or her infant bastard child, as well as with either or both the offences aforesaid, and it appear to the Jury of trials, that she is guilty of the murder charged, she shall be thereupon convicted of murder, and suffer the pains of death as in case of murder; but if it doth not appear to the same Jury that she is guilty of the murder charged in the indictment, but only of either or both the offences first herein mentioned, then the same Jury may acquit her of the charge of murder, and find her guilty of the said first mentioned offences, or either of them, as the case may be.
  [This act passed February 26, 1785]
  An Act against Arson, and other malicious Burning.

Burning dwelling-houses by night, deemed felony.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if any person between sun-setting and sun-rising, wilfully and maliciously shall burn the dwelling-house of another, or any out-building adjoining thereto, or any other building by means of which a dwelling-house shall be burnt, and be thereof convicted, such offender shall be adjudged guilty of felony, and shall suffer the pains of death.

Punishment where the same is done between sun-rising and sun-setting.   II. And be it further enacted by the authority aforesaid, That if any person shall wilfully and maliciously, between sun-rising and sun-setting, burn the dwelling-house of another, or any out-builiding adjoining thereto, or any other building by means of which a dwelling-house shall be burnt; or that shall wilfully and maliciously, by night or by day, burn any barn, warehouse, shop, mill, malthouse, out-house, any public builiding, or other builiding whatsoever, or any ship or other vessel laying within the body of the county, and
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