
    Barlow against The Commonwealth.
    
      Sunbury
    
    1810. Wednesday, June 6.
    IN ERROR.
    THE plaintiff in error was convicted in the sessions of Luzerne county of a perjury, for which he was sentenced by the judgment of that court, in November 1806, to pay a fine of ten dollars, to be imprisoned at hard labour in the penitentiary house of Philadelphia for two years, and to pay
    Prior to the act of 4th April 1807, no person convicted of ^^^¿"ntíes in this state, ex-could be sentenced to imthe ga^of the county of Phil^dphm.
    
    
      Dyer for the plaintiff in error
    argued that the judgment was erroneous, because the court had no authority to direct the imprisonment at hard labour, to be in the penitentiary of Philadelphia. The act of 3d April 1804, under which the defendant below was indicted, inflicts a fine, and imprisonment at hard labour during any term not exceeding seven years, at the discretion of the court before whom the conviction shall be had; 6 St. Laws 513; but it says nothing of the place of imprisonment, which of course -must be in the proper county.
    
      Hepburn for the commonwealth
    cited the acts of 5th April 1790, 2 St. Laws 801, 21st March 1806, 7 St. Laws 570, and 4th April 1807, 8 St. Laws 134, and argued in sup» port of the judgment under their various provisions.
   Tilghman C. J.

delivered the Court’s opinion.

This is an indictment for perjury. Barlow was convicted in the court of Quarter Sessions of Luzerne county, and judgment was given in November 1806, that he should be imprisoned at hard labour, &c. for two years in the gaol of the county of Philadelphia, and pay a fine of ten dollars. The error assigned is, in that part óf the judgment which directs the imprisonment to be in the county of Philadelphia.

By the actof 21st March 1806, the court before whom any person is convicted offelony or larceny, and sentenced to undergo imprisonment at hard labour, &c. for any term not exceeding three years, may direct the imprisonment, &c. to be in the gaol of any county within the commonwealth, or in the gaol and penitentiary of Philadelphia.

By the act ob 3d April 1804, a person convicted of perjury, may be punished by imprisonment at hard labour, &c. for any term not exceeding seven years, at the discretion of the court before whom he was convicted.

From the above review of the several acts of assembly on this subject, it appears, that a person convicted out of the county of Philadelphia, of any offence, other than felony or larcenv, could not be sentenced to imprisonment, &c. in the gaol of the county of Philadelphia. An alteration has been made by the act of 4th April 1807, which can have no effect on this case, being subsequent to the judgment. The Court are therefore of opinion, that the judgment of the court of General Quarter Sessions, for the county of Luzerne, was erroneous, and must be reversed.

Judgment reversed.  