conviction thereof, be rendered incapable of holding or being elected to any office of profit, trust, or emolument, either civil or military, under the government of this territory, and be fined in a sum not less than one hundred dollars, and be imprisoned in the penitentiary for a term not less than one year. SECT. 41. If any person shall willingly or knowingly, carry or deliver any written challenge, or verbally deliver any message intended as or purporting to be a challenge, or shall be present at the fighting of any duel as aforesaid, as second or aid, or give countenance thereto, such person being thereof duly convicted, shall be subject to the same fines and disabilities as are provided in the case of sending a challenge as aforesaid. It shall not be necessary in an indictment against any person or persons for fighting a duel, or against their seconds, aiders, abettors, or counsellors, or against any person for sending or accepting a challenge, or for carrying any challenge, or delivering any message intended as or purporting to be a challenge, or for being present at the fighting of any duel as second, or for aiding or giving countenance to any duel, or the sending or accepting any challenge, to specify the nature or kind of the engine, instrument, or weapon with which the duel shall be fought, or intended to be fought, so that it be alleged in the indictment, that the engine, weapon, or instrument was deadly, the probable consequence of fighting with which might be the death of either of the parties. SECT. 42. Every person who shall wilfully and maliciously administer, or cause to be administered to, or taken by any person, any poison or other noxious or destructive substance or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by confinement in the penitentiary for a term not less than one year and not more than seven years. And every person who shall administer, or cause to be administered or taken any such poison, substance, or liquid, with the intention to procure the miscarriage of any woman then being with child, and shall thereof be duly convicted, shall be imprisoned for a term not exceeding three years, in the penitentiary, and fined not exceeding one thousand dollars. SECT. 43. Mayhem consists in unlawfully depriving a human being of a member of his or her body, or disfiguring testicles. Pen for. SECT. 44. Any person who shall wilfully and maliciously Depriving of deprive any person of either or both, or of any part of either alty for. or both of their testicles, shall be punished by fine in the penitentiary, not less than five, nor more than fifteen years. SECT. 45. Rape is the carnal knowledge of a female, for- Rape. Penalty cibly and against her will. Every male person of the age of fourteen years and upward, who shall have carnal knowledge of any female child under the age of ten years, either with or without her consent, shall be adjudged to be guilty of the crime of rape. Every person convicted of the crime of rape shall be punished by confinement in the penitentiary, for a term not less than one year, and may extend to life. Not necessary to prove emis SECT. 46. It shall not be necessary to prove emission to convict any person of the crime of rape, or the crime against sion. nature. nature. Penalty SECT. 47. The infamous crime against nature, either with Crime against man or beast, shall subject the offender to be punished by for. imprisonment in the penitentiary for a term not less than one year, and may extend to life. SECT. 48. An assault is an unlawful attempt, coupled with Assault. a present ability to commit a violent injury on the person of another. Assault, with intent to commit SECT. 49. An assault, with an attempt to commit murder, rape, mayhem, robbery, or larceny, shall subject the offender crime. Penalty for. Assault and battery. False imprisonment. Penalty for. Kidnapping. Penalty for." Other kidnapping. to confinement in the penitentiary, for a term not less than one year nor more than fourteen years. An assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall be adjudged to be a felony, and any person thereof duly convicted, shall be fined in a sum not exceeding one thousand dollars, and imprisoned not exceeding one year in the county jail. SECT. 50. An assault and battery is the unlawful beating of another. SECT. 51. False imprisonment is the unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority. Any person convicted of false imprisonment, shall be fined in any sum not exceeding five hundred dollars, or imprisoned not exceeding one year in the county jail. SECT. 52. Kidnapping is the forcible abduction or stealing away of a man, woman, or child, from his or her own country, and sending or taking him or her into another. SECT. 53. Every person who shall forcibly steal, take, or arrest any man, woman, or child, whether white, black, or colored, in this territory, and carry him or her into another country, state, or territory, or who shall take or arrest any person or persons whatsoever, with a design to take him or her out of this territory, without having established a claim according to the laws of the United States, shall, upon conviction, be deemed guilty of kidnapping. Every person found guilty of kidnapping, shall be confined in the penitentiary for a term not less than one year, and not more than seven years, for each person kidnapped or attempted to be kidnapped. SECT. 54. Every person who shall hire, persuade, entice, decoy, or seduce, by false promises, misrepresentations, and the like, any negro, mulatto, or colored person, not being a slave, to go out of this territory, or to be taken or removed therefrom, for the purpose and with the intent to sell such negro, mulatto, or colored person into slavery or involuntary servitude, or otherwise to employ him or her for his or her own use, or the use of another, without the free will and con sent of such negro, mulatto, or colored person, any person so offending, shall be deemed to have committed the crime of kidnapping, and upon conviction thereof, shall be punished. as in the preceding section. CRIMES AND OFFENCES AGAINST HABITATIONS AND OTHER BUILDINGS. alty for. SECT. 55. Every person who shall wilfully and maliciously Arson. Penburn, or cause to be burned, any dwelling-house, kitchen, office, shop, barn, stable, storehouse, warehouse, malt house, stilling house, factory, mill, pottery, or other building, the property of any other person, or any church, meeting-house, school-house, state house, court house, work-house, jail, or other public building, or any boat or other water craft, or any bridge of the value of fifty dollars, erected across any of the waters of this territory, such person so offending shall be deemed guilty of arson, and upon conviction thereof, shall be punished by imprisonment in the penitentiary for a term not less than one year, nor more than ten years: and should the life or lives of any person or persons be lost in consequence of any such burning, as aforesaid, such offender shall be deemed guilty of murder, and shall be indicted and punished accordingly. Every person who shall wilfully and maliciously set fire to any of the buildings or other property described in the foregoing section, with intent to burn or destroy the same, shall be deemed guilty of a felony, and upon conviction thereof, shall be imprisoned in the penitentiary for a term not exceeding two years, and be fined in a sum not exceeding five hundred dollars. Penalty for. SECT. 56. Every person who shall, in the night time, wil- Burglary. fully and maliciously and forcibly break and enter, or wilfully and maliciously, without force (the doors or windows being open), enter into any, dwelling-house, kitchen, office, shop, storehouse, warehouse, malt house, stilling house, mill, pottery, factory, water craft, church, or meeting-house, with intent to commit murder, robbery, rape, mayhem, larceny, or other felony, shall be deemed guilty of burglary, and upon conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than ten years. Robbery. Penalty for. Larceny. Penalty for. Same. Receiving stolen goods. to penitentiary unless amount stolen exceeds five dollars. CRIMES AND OFFENCES RELATIVE TO PROPERTY. SECT. 57. Robbery is the felonious and violent taking of money, goods, or other valuable thing, from the person of another, by force or intimidation. Every person guilty of robbery, shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than fourteen years. SECT. 58. Larceny is the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another. Larceny shall embrace every theft which deprives another of his money, or other personal property, or those means or muniments, by which the right and title to property, real or personal, may be ascertained. Private stealing from the person of another, and from a house in the day-time, shall be deemed larceny. Larceny may also be committed by feloniously taking and carrying away any bond, bill, note, receipt, or any instrument of writing of value to the owner. Every person convicted of larceny, shall be punished by confinement in the penitentiary, for a term not less than one year, and not more than ten years. SECT. 59. If any person shall remove, haul, or in any manner take away any claim-house, shanty, or other building, the property of another, he shall be deemed guilty of a larceny, and upon conviction thereof, shall be punished as provided in the last preceding section. SECT. 60. Every person who for his own gain, or to Not condemned prevent the owner from again possessing his property, shall buy or receive stolen goods, or any thing, the stealing of which is declared to be larceny, or property obtained by robbery or burglary, knowing the same to have been so obtained, shall, upon conviction, be punished by confinement in the penitentiary, for any term not less than one year, nor more than ten years, and every such person may be tried, convicted, and punished, as well before as after the trial of the principal. No person, convicted of larceny, or of buying or receiving goods or other things obtained by larceny, burglary, or robbery, shall be condemned to the penitentiary, unless the money or the value of the things stolen, bought or received, shall amount to five dollars. |