The second offence shall be deemed murder.
SECT. XI. And where persons meaning to commit a trespass (* 15)
only, or larceny, or other unlawful deed, and doing an act from which
involuntary homicide hath ensued, have heretofore been adjudged
guilty of manslaughter or of murder, by transferring such their
unlawful intention to an act, much more penal than they could have in
probable contemplation; no such case shall hereafter be deemed
manslaughter unless manslaughter was intended, nor murder, unless
murder was intended.
SECT. XII. In other cases of homicide the law will not add to
the miseries of the party, by punishments or forfeitures (* 16).
SECT. XIII. Whenever sentence of death shall have been
pronounced against any person for treason or murder, execution
thereof shall be done on the next day but one, after such sentence,
unless it be Sunday, and then on the Monday following (* 17)
SECT. XIV. Whosoever shall be guilty of rape, (* 18)
_polygamy_, (* 19) or sodomy (* 20) with man or woman, shall be
punished; if a man, by castration, (* 21) a woman, by boring through
the cartilage of her nose a hole of one half inch in diameter at the
least.
SECT. XV. Whosoever on purpose, (* 22) shall disfigure another,
by cutting out or disabling the tongue, slitting or cutting off a
nose, lip, or ear, branding, or otherwise, shall be maimed, or
disfigured in like (* 23) sort; or if that cannot be, for want of the
same part, then as nearly as may be, in some other part of at least
equal value and estimation, in the opinion of a jury, and moreover,
shall forfeit one half of his lands and goods to the sufferer.
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