the punishment for the second offence of the same nature, shall be INCREASED ONE HALF.

ART. 46. And if any person having been twice previously convicted of crimes, no matter of what nature, shall a third time be convicted of any crime, he shall be considered as unfit for society, and be imprisoned at hard labour for life.

ART. 47. A previous conviction in any of the United States of America, operates the same effect as to the increase of punishment for subsequent offences, as if the same conviction had taken place in this state.

ART. 48. By offences of the SAME NATURE, in this section, are intended all such as are comprised within the same general division in the

chapter of the third book, which relates to the nature of different offences.

ART. 49. Where the punishment of the crime of which the offender is a second or third time convicted, is imprisonment for life, the increased punishment must consist in seclusion, or such other privations as the judges are empowered in the third book, to direct, with respect to offenders in general.

>

SECTION FIFTH.

Of Principals, Accomplices, and Accessaries.

ART. 50. An offence being the doing of an act which is forbidden under a penalty imposed by law, or omitting to do some act, which under like

penalty is directed by law to be done; those are principal offenders who do the forbidden act, or who, being bound to do the act enjoined, are guilty of the omission.

ART. 51. If the forbidden act be done by several, all are principal offenders. If several are bound to perform the act which is enjoined, all who omit it are principal offenders.

ART. 52. When the act constituting the offence is actually done by only one or more persons, but others are present, and knowing the unlawful intent, aid them by acts, or encourage them by words or gestures; or if not being actually present, others shall keep watch to give notice of the approach of any one who might interrupt the commission of the offence; or shall be employed in procuring aid, or arms, or instruments for the performance of the act, while it is executing; or shall do any other act at the time of executing the offence, to secure the safety or concealment of those who perform the offence, or to aid them in its execution. All such persons are also principal offenders, and may be prosecuted and convicted as such.

ART. 53. When the offence is committed by SECONDARY MEANS, without employing the agency of a person who may be convicted as a principal offender, the person employing and preparing those secondary means, is a principal offender, although he may not be present, when the means he had prepared took their effect.

ART. 54. Those persons are also principals, who having counselled or agreed to the performance of

the act, shall be present when it is done, whether they aid in the execution or not.

ART. 55. There may be accessaries and accomplices to all offences.

ART. 56. There can be neither accomplice nor accessary, except in cases where an offence has been committed.

ART. 57. All those are accomplices who are not present at the commission of an offence, but who, before the act is done, verbally or in writing, shall advise or command, or encourage another to commit it.

Those who agree with the principal offender to aid him in committing the offence, although such aid may not have been given.

Those who shall promise money, or other reward, who shall offer any place or political favour, or any other inducement; or shall menace any injury or loss of favour, in order to procure the commission of an offence.

Those who shall prepare arms or instruments, men, money, or aid of any kind, or do any other act prior to the commission of the offence, to facilitate its execution, and knowing that it is intended, all these persons are accomplices.

ART. 58. No person can be found guilty as an accomplice to any offence, other than such as he has advised or encouraged by some of the means set forth in the last preceding article, but it is not necessary to render him guilty, that the advice should be strictly pursued; it is sufficient if the

offence be of the SAME NATURE and for the same object, as the offence advised or encouraged.

ART. 59. If in the attempt to commit an offence, the principal offender shall make himself liable to punishment for any other act committed by mistake or accident, according to the 36th article of this book, his accomplices in the offence intended to be committed, shall be considered as accomplices in the act really committed, and shall be punished in the same manner as the principal.

ART. 60. If the principal offender be under fifteen years of age, whether he be found of sufficient intelligence to understand the nature and illegality of the act or not, and there be an accomplice of full age, the punishment of such accomplice shall be INCREASED ONE HALF; and if the principal offender be a minor, above fifteen, then the punishment of the accomplice shall be INCREASED ONE

QUARTER.

ART. 61. In all other cases, the accomplice shall incur the same punishment with the principal offender.

ART. 62. Accessaries are those who knowing that an offence has been committed, conceal the offender, or give him any other aid, in order that he may effect his escape from arrest or trial, or the

execution of his sentence; he who aids the offender in preparing and making his defence at law; or who procures him to be bailed, although he may afterwards abscond, shall not be considered as an accessary;

ART. 63. The following persons cannot be punished as accessaries.

1. The husband or wife of the offender.

2. His relations in the ascending or descending line, either by affinity or consanguinity.

3. His brothers or sisters.

4. His domestic servants.

ART. 64. The accessary shall be punished by fine and simple imprisonment in the manner directed by the third book.

ART. 65. The accomplice may be arrested, tried, and punished, before the conviction of the principal offender, and the acquittal of the principal shall be no bar to the prosecution of the accomplice, but on the trial of such accomplice, the commission of the offence must be clearly proved, or the accomplice cannot be convicted.

ART. 66. The accessary may be arrested, but not tried without his consent before the conviction of the principal, and the acquittal of the principal shall discharge the person named as accessary.