mony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying.

SEC. 38. If any person, with or without deadly weapons, upon previous agreement, fight one with another, and should death ensue to any person in such fight, or should any person die from an injury received in such fight, within one year and a day, the person or persons causing such death shall be deemed guilty of murder in the first degree, and shall be punished accordingly.

SEC. 39. That any person in this Territory having, carrying, or procuring from another person, any dirk, dirk-knife, sword, sword-cane, pistol, gun, or other deadly weapon, who shall, in the presence of two or more persons, draw or exhibit any of said deadly weapons, in a rude, angry, and threatening manner, not in necessary self-defence, or who shall in any manner unlawfully use the same in any fight or quarrel, the person or persons so offending, upon conviction thereof in any criminal court, in any county in this Territory, shall be fined in any sum not less than one hundred nor more than one thousand dollars, or imprisoned in the Territorial prison not less than one nor more than twelve months, at the discretion of the court, or both such fine and imprisonment, together with the costs of prosecution, which said costs shall in all cases be computed and collected in the same manner as costs in civil cases. All fines and forfeitures arising under the provisions of this act shall be paid in to the county treasury of the county wherein such offence was committed, for county purposes. Provided, nevertheless, That no sheriff, deputy sheriff, constable, marshal, or other peace officer, shall be held to answer, under the provisions of this act, for drawing or exhibiting any of the weapons herein before mentioned, while in the lawful discharge of his or their duties. It shall be the duty of all military, civil, and peace officers in this Territory to be vigilant in carrying the provisions of this act into full force and effect, as well, also, as all grand juries, or grand jurors, to inquire into and make presentment of each and every offence, under this act, which shall come under or within their knowledge. It shall be and is hereby made the duty of all judges in this Territory to give this act in charge to the grand juries at each term of their respective courts; and also to all trial juries empanelled for the trial of any of the offences herein before mentioned in this act.

SEC. 40. If any person shall assault and beat another with a cowhide, stick or whip, having at the time in his possession a pistol, or other deadly weapon, with an intent to intimidate and prevent the person assaulted from defending himself, such person shall, on conviction thereof, be imprisoned in the Territorial prison not less than one nor more than ten years.

SEC. 41. 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 imprisonment in the Territorial prison for a term not less than ten years, and which may extend to life. And every person who shall administer, or cause to be administered, or taken, any medicinal substance, or shall use, or cause to be used, any instruments whatever, with the intention to produce the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two years nor more than five years. Provided, That no physician shall be affected by the last clause of this section, who in the discharge of his professional duties deems it necessary to produce the miscarriage of any woman in order to save her life.

SEC. 42. Mayhem consists in unlawfully depriving a human being of a member of his or her body, or disfiguring or rendering it useless. If any person shall cut out or disable the tongue, put out an eye, slit the nose, ear, or lip, or disable any limb or member of another, or shall voluntarily, or on purpose, put out an eye or eyes, every such person shall be guilty of mayhem. The crime of mayhem shall be punishable by imprisonment in the Territorial prison for a term not exceeding fourteen years.

SEC. 43. Rape is the carnal knowledge of a female, forcibly, and against her will, and a person duly convicted thereof, shall be punished by imprisonment in the Territorial prison for a term not less than five years, and which may be extended to life. And any person who shall have carnal knowledge of any female child under the age of ten years shall be adjudged guilty of the crime of rape, and upon conviction thereof shall be imprisoned for life. And every person of the age of sixteen years or over, who shall have carnal knowledge of any woman above the age of ten years, with

out her consent, by administering to her any substance or liquid, which shall produce such stupor or imbecility of mind, or weakness of body, as to prevent effectual resistance, shall upon conviction be adjudged guilty of rape, and be punished by imprisonment in the Territorial prison for a term not less than ten years.

SEC. 44. The infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the Territorial prison for a term not less than five years, and which may extend to life.

SEC. 45. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, and every person convicted thereof shall be fined in a sum not less than fifty nor more than five hundred dollars, or imprisoned in the county jail not exceeding six months.

SEC. 46. An assault with an intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny, shall subject the offender to imprisonment in the Territorial prison 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 subject the offender to imprisonment in the Territorial prison not less than one year nor more than two years, or to a fine not less than one thousand nor more than five thousand dollars, or to both such fine and imprisonment.

SEC. 47. Assault and battery is the unlawful beating of another, and a person duly convicted thereof shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year.

SEC. 48. False imprisonment is an 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 pay all damages sustained by the person so imprisoned, and be fined in any sum not exceeding five thousand dollars, or imprisoned in the Territorial prison for a term not exceeding one year.

SEC. 49. Kidnapping is the forcible abduction or stealing away

of a man, woman, or child from his or her own home, and sending or taking him or her into another county.

SEC. 50. Every person who shall forcibly steal, take, or arrest any man, woman, or child, either white or colored, or any Indian, in this Territory, and carry him or her into another county, state, or territory, or who shall forcibly take or arrest any person or persons whomsoever, 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, and be punished by imprisonment in the Territorial prison for any term not less than one nor more than ten years for each person kidnapped or attemped to be kidnapped.

SEC 51. Every person who shall hire, persuade, entice, decoy, or seduce, by false promises, misrepresentations, and the like, any negro, mulatto, or colored person, or Indian, 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, colored person, or Indian into slavery or involuntary servitude, or otherwise to employ him or her for his or her own use, or to the use of another, without the free will and consent of such negro, mulatto, or colored person, or Indian, shall be deemed to have committed the crime of kidnapping, and upon conviction thereof shall be punished as in the next preceding section specified.

SEC. 52. Every person who shall take any woman unlawfully against her will, and by force, menace, or duress, compel her to marry him, or to marry any other person, or to be defiled, and shall be thereof convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two nor more than fourteen years, and the record of such conviction shall operate as a divorce to the party so married.

SEC. 53. Every person who shall maliciously, forcibly, or fraudulently, lead, take, or carry away, or decoy or entice away any child under the age of ten years, with intent to detain and conceal such child from the parent, guardian, or other person having the lawful charge of such child, shall, upon conviction thereof, be punished by imprisonment in the Territorial prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. If any father or mother of any child under the age of six years, or any other person to whom

such child shall have been confided, shall expose such child in a street, field, or other place, with intent wholly to abandon it, he or she shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five years, or in the county jail not less than six months. Every person who shall wilfully poison any spring, well, or reservoir of water, shall, upon conviction thereof, be punished by imprisonment in the Territorial prison for a term not less than one nor more than ten years.

SEC. 54. If any person, either verbally or by any written or printed communication, shall maliciously threaten any injury to the person or property of another, with intent thereby to extort money, or any pecuniary advantage whatever, or to compel the person so threatened to do any act against his or her will, he shall be punished, upon conviction thereof, by imprisonment not more than one year nor less than six months, or by fine not exceeding five hundred dollars nor less than one hundred dollars, or by both such fine and imprisonment.

CHAPTER V.

OFFENCES AGAINST HABITATIONS AND OTHER BUILDINGS.

SEC. 55. Every person who shall wilfully and maliciously burn, or caused to be burned, in the night time, any dwelling-house in which at the time there is some human being, of which he shall have knowledge, shall be deemed guilty of arson in the first degree, and upon conviction thereof shall be punished with death.

SEC. 56. Every person who shall wilfully and maliciously burn, or cause to be burned, any dwelling or building owned by himself, or the property of another, in the night or day time, wilfully burn, or cause to be burned, any kitchen, office, shop, barn, stable, storehouse, warehouse, or other building, or stack or stacks of grain, or standing crops, the property of another person, or corporation, or any church, meeting-house, school-house, state-house, court-house, or other public building, or any ship, vessel, boat, or other water craft, or any bridge of the value of fifty dollars or more, erected across any of the waters of this Territory, such person so offending shall be deemed guilty of arson in the second degree, and upon conviction thereof shall be punished by imprison