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:

1. 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.

Art. 111. To constitute this offence, there must be not only a design to dismember the state, or to subvert or change its constitution, but an attempt must be made to do it by FORCE.

Art. 112. The attempt consists in enlisting men, preparing arms, or making an assemblage of men, armed or otherwise arrayed, in such a manner as to show the design to effect their object by force. This is sufficient evidence of the attempt, whether any actual violence be committed or not.

Art. 113. If any one shall, by writing, printing, or verbally, counsel or EXCITE the people of this state, or of any part thereof, to commit either of the offences described in the preceding part of this chapter, or to resist by force the legal execution of any constitutional law of the state, he shall be fined not less than five hundred dollars, nor more than two thousand dollars; shall be imprisoned in close custody not less than three nor more than twelve months, and be suspended from his political rights for four years.

Art. 114. It is not necessary, to constitute this offence, that the crime advised should be committed.

CHAPTER III.

Of exciting insurrection.

Art. 115. Any free person who shall aid in any insurrection of slaves against the free inhabitants of this state, who shall join in any secret assembly of slaves, in which such insurrection shall be planned, with design to promote it, or shall excite or persuade any slaves to attempt such insurrection, shall be imprisoned at hard labour for life.

Art. 116. By "insurrection," is meant an assembling with ARMS, with intent to regain their liberty by force.

Art. 117. The term "excite" in the description of this offence, means to offer any persuasion or inducement, which has insurrection for its immediate object. It excludes the construction that would make those guilty who only use language calculated to render the slaves discontented with their state. This, if done with design to promote such discontent, is an offence punishable by fine, not less than fifty, nor more than two hundred dollars; or imprisonment, not less than thirty days, nor more than six months, in close custody.

TITLE III.

OF OFFENCES AGAINST THE LEGISLATIVE POWER.

Art. 118. If any one shall designedly, and by FORCE, prevent the general assembly of this state, or either of the houses composing it, from meeting, or shall, with intent to prevent such meeting, by the use of

personal violence or threats thereof, prevent any of the members of the general assembly from attending the house to which they may belong, or shall by force or threats thereof force either of the said branches of the general assembly to adjourn or disperse, or to pass any resolution or law, or do any other act; or to reject any resolution or law which they constitutionally might pass; he shall be fined not less than five hundred dollars, nor more than two thousand dollars; be confined not less than five, nor more than ten years at hard labour, and shall forfeit his political rights.

Art. 119. Whoever shall use any threats of violence to any member of the general assembly, with intent to influence his official conduct, or shall make any assault on him in consequence of any thing he may have said or done, as a member of the assembly, or of his conduct as a member thereof, shall be fined not less than one hundred dollars, nor more than five hundred dollars; and be imprisoned in close custody, not less than one, nor more than six months.

Art. 120. Whoever shall BRIBE or offer to BRIBE any member of the general assembly, shall be fined in a sum equal to four times the value of the bribe, and if the amount thereof cannot be ascertained, or cannot be appreciated in money, then in a sum not less than one thousand, nor more than two thousand dollars; shall suffer imprisonment at hard labour, not less than six months, nor more than one year, and be suspended from all political rights for five years.

Art. 121. If any member of the general assembly shall receive or agree to receive a BRIBE, he shall be fined in a sum equal to five times the value of the bribe, and if the value thereof cannot be ascertained, or cannot be appreciated in money, then in a sum not less than two thousand, nor more than five thousand dollars; shall forfeit his political rights, and be imprisoned in solitude and at hard labour, not less than one, nor more than two years.

TITLE IV.

OF OFFENCES AGAINST THE EXECUTIVE POWER.

CHAPTER I.

Art. 122. If any person elected or appointed to any EXECUTIVE OFFICE, shall do any official act, before he shall have given security, if any is required by law, or before he shall have taken the oaths of the office, when they are required by law, he shall pay a fine equal to one half year's emolument of his office.

Art. 123. Any person who shall BRIBE, or offer to BRIBE AN EXECUTIVE OFFICER, shall be suspended from the enjoyment of his political rights, for not less than four, nor more than six years, be fined not less than three times the value of the bribe offered, and be imprisoned in close custody, not less than two, nor more than six months.