found guilty of the crime. Any person being found guilty of being an accessory after the fact, shall be imprisoned for any term not exceeding two years, and fined in any sum not exceeding five thousand dollars, to be regulated by the circumstances of the case and the enormity of the crime.

CHAPTER III.

WITNESSES.

SEC. 12. The party or parties injured shall in all cases be competent witnesses; the credibility of all such witnesses shall be left to the jury, as in other cases. In all cases where two or more persons are jointly or otherwise concerned in the commission of any crime or misdemeanor, either of such persons may be sworn as a witness against another in relation to such crime or misdemeanor; but the testimony given by such witness shall in no instance be used against himself in any criminal prosecution; and any person may be compelled to testify as provided in this section.

SEC. 13. No black or mulatto person, or Indian or Chinese, shall be permitted to give evidence in favor of or against any white person. Every person who shall have one-eighth part or more of negro blood shall be deemed a mulatto; and every person who shall have one-half of Indian blood shall be deemed an Indian.

SEC. 14. The solemn affirmation of witnesses shall be deemed sufficient. A false or corrupt affirmation shall subject the witness to all the penalties and punishments provided for those who commit wilful and corrupt perjury.

CHAPTER IV.

OFFENCES AGAINST THE PERSONS OF INDIVIDUALS.

SEC. 15. Murder is the unlawful killing of a human being, with malice aforethought, either expressed or implied. The unlawful killing may be effected by any of the various means by which death may be occasioned.

SEC. 16. Express malice is that deliberate intention unlawfully

to take away the life of a fellow-creature, which is manifested by external circumstances capable of proof.

SEC. 17. Malice shall be implied when no considerable provocation appears, or when all circumstances of the killing show an abandoned and malignant heart. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree; but if such person be convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of the crime, and give sentence accordingly. Every person convicted of murder of the first degree shall suffer death; and every person convicted of murder in the second degree shall suffer imprisonment in the Territorial prison for a term not less than ten years and which may be extended to life.

SEC. 18. Manslaughter is the unlawful killing of a human being without malice express or implied, and without any mixture of deliberation. It must be voluntary, upon a sudden heat of passion caused by a provocation apparently sufficient to make the passion irresistible; or involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection.

SEC. 19. In cases of voluntary manslaughter, there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed, to commit a serious personal injury on the person killing.

SEC. 20. The killing must be the result of that sudden violent impulse of passion supposed to be irresistible; for if there should appear to have been an interval between the assault or provocation given, and the killing, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge, and punished as murder.

SEC. 21. Involuntary manslaughter shall consist in the killing

of a human being without any intent to do so, in the commission of any unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner: Provided, That when such involuntary killing shall happen in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offence shall be deemed and adjudged murder. SEC. 22. Every person convicted of the crime of manslaughter, shall be punished by imprisonment in the Territorial prison, for a term not exceeding ten years.

SEC. 23. In order to make the killing either murder or manslaughter, it is requisite that the party die within a year and a day after the stroke was received, or the cause of death administered, in the computation of which the whole of the day on which the act was done shall be reckoned the first.

SEC. 24. If the injury be inflicted in one county and the party die in another county, or without the Territory, the accused shall be tried in the county where the act was done, or the cause of death administered. If the party killing shall be in one county and the party killed be in another county, at the time the cause of death shall be administered, the accused may be tried in either county.

SEC. 25. Justifiable homicide is the killing of a human being in necessary self-defence, or in defence of habitation, property or person against one who manifestly intends or endeavors, by violence. or surprise, to commit a felony, or against any person or persons, who manifestly intend and endeavor, in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.

SEC. 26. A bare fear of any of these offences, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of such fears, and not in a spirit of revenge.

SEC. 27. If a person kill another in self-defence, it must appear that the danger was so urgent and pressing that in order to save his own life or to prevent his receiving great bodily harm the kill

ing of the other was absolutely necessary; and it must appear, also, that the person killed was the assailant, or that the slayer had, really and in good faith, endeavored to decline any further struggle before the fatal blow was given.

SEC. 28. If an officer in the execution of his office in a criminal case, having legal process, be resisted and assaulted, he shall be justified if he kill the assailant. If an officer or private person attempt to take a person charged with felony, and he or they be resisted in the endeavor to take the person accused, and to prevent the escape of the accused, by reason of such resistance he or she be killed, the officer or private person so killing shall be justified: Provided, That such officer or private person, previous to such killing, shall have used all reasonable efforts to take the accused without success; and that from all probability there was no prospect of being able to prevent injury from such resistance, and the consequent escape of such person.

SEC. 29. Justifiable homicide may also consist in unavoidable necessity without any will or desire, and without any inadvertency, or negligence in the party killing. An officer who in the execution of public justice, puts a person to death in virtue of a judgment of a competent court of justice shall be justified. The officer must, however, in the performance of his duty, proceed according to the sentence and the law of the land.

SEC. 30. Excusable homicide, by misadventure, is when a person is doing a lawful act, without any intention of killing, yet unfortunately kills another, as where a man is at work with an axe, and the head flies off and kills a by-stander, or where a parent is moderately correcting a child, or a master his servant or scholar, or an officer punishing a criminal, and happens to occasion death, it is only a misadventure, for the act of correcting was lawful; but if a parent or master exceeds the bounds of moderation, or the officer the sentence under which he acts, either in the manner, the instrument, or quantity of punishment, and death ensue, it will be manslaughter, or murder, according to the circumstances of the

case.

SEC. 31. All other instances which stand upon the same footing of reason and justice as those enumerated shall be considered justifiable or excusable homicide.

SEC. 32. The homicide appearing to be justifiable or excusable,

the person indicted shall, upon his trial, be fully acquitted and discharged.

SEC. 33. The killing being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifest that the crime committed only amounts to manslaughter, or that the accused was justified or excused in committing the homicide.

SEC. 34. If any woman shall endeavor privately, either by herself or the procurement of others, to conceal the death of any issue of her body male or female, which, if born alive would be a bastard, so that it may not come to light, whether it shall have been murdered or not, every such mother, being convicted thereof, shall suffer imprisonment in the Territorial prison for a term not exceeding one year: Provided, however, That nothing herein contained shall be so construed as to prevent such mother from being indicted and punished for the murder of such bastard child.

SEC. 35. If any person shall, by previous appointment, or agreement, fight a duel with a rifle, shot-gun, pistol, bowie-knife. dirk, small-sword, back-sword, or other dangerous weapon; and in so doing shall kill his antagonist, or any person or persons, or shall inflict such wound as that the party or parties injured shall die thereof within one year thereafter, every such offender shall be deemed guilty of murder in the first degree, and upon conviction thereof, shall be punished accordingly.

SEC. 56. If any person shall hereafter challenge another to fight a duel with deadly weapons, or in any manner whatever, the probable issue of which might result in the death of either; or if any person shall accept a challenge or agree to fight a duel, every person so offending shall, upon an action thereof, be rendered incapable of holding any office of trust or profit, either civil or military, under the government of the Territory, and fined in any sum not exceeding five hundred dollars.

SEC. 37. Any and every person who shall be present at the time of fighting any duel with deadly weapons, either as second, aid, surgeon, or spectator, or who shall advise or give assistance to such duel, shall be a cour petent witness against any person offending against any of the provisions of this act, and may be compelled to appear and give evidence before any justice of the peace, grand jury, or court, in the same manner as other witnesses, but the testi