— The second count in the indictment is founded upon the second section of the act of assembly; and the special verdict *230finds expressly, that the defendants did conspire for the purpose mentioned in that section. The purpose was, “ to lay out townships in the county of Luzerne, by persons not appointed or acknowledged by the laws of this commonwealth.” Now, the term township indicates a local jurisdiction, for objects of local police, with powers and officers to effectuate the jurisdiction ; and a conspiracy by individuals to erect such townships, is an encroachment upon the rights and authority of the state. It is an offence indictable at common law; and the legislature, with a view more effectually to prevent its commission, had an unquestionable power to increase the punishment.

As to the first section of the act of assembly, I am not prepared to pronounce, that it is unconstitutional; and, consequently, I could not, even on that ground, decide, at present, to arrest the judgment. But it is enough, to observe, that, on the finding of the jury, I shall be ready to give judgment for the commonwealth, on the second count of the indictment, when the subject is brought before us in the circuit court. (a)