punishments, and restraints, may be inflicted for idleness, or the breach of any of the rules established by the inspectors or by this chapter.

Art. 326. The same accounts shall be kept with persons confined, and the same allowance for excess of labour above the charges, shall be made.

Art. 327. Whatever is directed for the reception of convicts in the Penitentiary shall be observed when any one, committed to the House of Industry, shail be received, except the prison uniform, which shall not be given unless the clothing of the person convicted is not sufficient for health or cleanliness.

Art. 328. The labour of the persons confined in the House of Industry may be contracted for in the same manner as that of the convicts in the Penitentiary; or when not contracted for, it is to be carried to the account of the establishment; and the articles manufactured are to be disposed of in the same way as is directed for the Penitentiary.

TITLE VII.

OF THE PECUNIARY CONCERNS OF THE HOUSE OF REFUGE AND INDUSTRY.

Art. 329. The accounts of the two departments, the House of Refuge and the House of Industry, shall be kept in separate sets of books by the clerk, under the inspection of the warden and the inspectors.

Art. 330. In the books of the House of Refuge all the expenses of the paupers, sent by any parish or city, shall be charged to such parish or city respectively, and they shall be credited with the amount of the earnings of such paupers.

Art. 331. In the expenses, mentioned in the preceding article, shall be included, not only the food, clothing, medicine, and other articles provided for such paupers, but a just proportion of the salaries of the warden and other officers and attendants of the House of Refuge and Industry, calculated on the average of persons in the said house.

Art. 332. One-fourth part of the salaries of the inspectors, of the chaplains, and physician, shall also, in such account, be considered as chargeable to the House of Refuge and Industry, and a due proportion. of that fourth (divided as is above directed by the average number of the persons in the said house) shall be also included in the expenses charged to the parishes as aforesaid.

Art. 333. Whatever sum is found due on such account, if not paid on demand by the city or parish from which it is due, shall be added to the quota of the state taxes, payable by such city or parish, and be collected and paid into the public treasury in like manner with the rest of the state taxes.

Art. 334. All the expenses of the other persons admitted or confined in the said house, shall be paid by the state, without any counter charge. Art. 335. A detailed account of all the expenditures and receipts of the said house shall be laid before the legislature, by the inspectors, on the first day of every session.

dollars per

dollars, and each of the assistants

Art. 336. The salary of the warden shall be annum, and of the matron shall be paid a day.

GENERAL PROVISIONS.

Art. 337. If any one shall, for hire, reward, or emolument of any kind whatever, or the promise of any, solicit the pardon of any one convicted of any offence, or procure any other to sign a petition for such pardon, or to apply for the same, he shall be fined five hundred dollars, and if he be a counsellor or attorney, he shall be suspended from practising as such in any court in the state for one year.

Art. 338. The inspectors, chaplains, teachers, physicians, wardens, matrons, assistants, and under-keepers, appointed by virtue of this Code, shall, before they enter on the performance of their respective duties, take an oath faithfully to perform the same.

A BOOK OF DEFINITIONS.

TITLE I.

GENERAL PROVISIONS.

Art. 1. These definitions are intended to show the sense in which the words defined are employed in the system of Penal Law, not to denote or fix their general signification in the language.

Art. 2. The words printed in small capitals in the body of this system, are alphabetically arranged in this Book, with the definition annexed.

Art. 3. Generally the definitions that are incorporated in the other parts of the work are not repeated in this Book; but this rule is departed from when the general use of the term, in other parts of the System than that in which the definition is contained, renders a reference to the explanation necessary.

Art. 4. Corollaries, illustrations, and developments, are used in several instances to fix the attention more strongly to particular parts of the definition: but the omission to employ them, in other cases, is not to be considered as giving any latitude for the construction of any word in a definition beyond the plain import of its meaning in connexion with the context.

TITLE II.

DEFINITIONS.

ACCIDENT, in this System, means an event happening without the concur rence of the will of the person by whose agency it was caused. It differs from MISTAKE, because the latter always supposes the operation of the human will in producing the event, although that will is caused by erroneous impressions on the mind.-See MISTAKE.

ACT-when applied to a written instrument, is a term used to show the connexion between the instrument and the party who has given it validity by his signature or by his legal assent: when thus perfected, the instrument becomes the ACT of the parties who have signed or assented to it in a form required by law. ADVANTAGE, applied in different parts of the system to that which is to be gained or lost, means whatever, in the estimation of mankind, causes pleasure by its possession or enjoyment, or uneasiness by its loss or cessation.

AFFIDAVIT-a written declaration, sanctioned by the oath of the declarant administered by a person or court duly authorized for that purpose. The administration of the oath must be duly certified by the official SIGNATURE of the person, or the clerk of the court, before whom it was taken; and the declaration must be SIGNED by the declarant; or it must be certified by the person administering the oath, that the declarant cannot sign.