Sec. 49. Every person who shall forcibly take or arrest, unlawfully, or steal any man, woman or child, either white, colored, or Indian, and carry him or her away from his or her home or place of abode, shall be deemed to have committed the crime of kidnapping, and, upon conviction, shall be punished by imprisonment in the territorial prison for a term not less than one year, nor more than ten years.

Sec. 50. Every person who shall forcibly and unlawfully take or arrest any person whomsoever, with an intention to take him or her out of this territory, without having first obtained permission so to do, in accordance with the provisions of law, shall be deemed guilty of an attempt to kidnap, and, upon conviction, shall be punished by imprisonment in the territorial prison for a term not less than one year, nor more than ten years.

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 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, threats, menaces, or duress, compel her to marry him, or to marry any other person, or to be defiled, shall be deemed to be guilty of the crime of abduction; and, upon conviction thereof, shall be punished by imprisonment in the territorial prison for a term not less than two years, nor more than fourteen years.

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.

Sec. 54. If any father or mother of any child, under the age of ten 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 to abandon it, he or she shall, upon conviction, be punished by imprisonment in the territorial prison for a term not less than one year, nor more than five years.

Sec. 55. 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 five nor more than fifty dollars.

Sec. 56. An assault with 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.

Sec. 57. 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 nor more than two years, or to a fine not less than five hundred nor more than one thousand dollars, or to both such fine and imprisonment, at the discretion of the court.

Sec. 58. Assault and battery is the unlawful beating of another, and a person convicted thereof shall be fined in a sum not less than ten nor more than one hundred dollars, and imprisonment in the county jail not less than one nor more than six months, or both such fine and imprisonment, at the discretion of the court. Sec. 59. 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 attempt 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. 60. Every person who shall wilfully and maliciously or negligently 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. 61. 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.

Sec. 62. Every person in this territory having, carrying, or procuring from another person any dirk, dirk-knife, sword, swordcane, pistol, gun, or other deadly weapon, who shall, in the presence of one or more persons, draw or exhibit any of said deadly weapons in a rude, angry, or 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 person so offending, upon conviction thereof, in any criminal court in any county in this ter

ritory, shall be fined in any sum not less than fifty dollars, nor more than one hundred dollars, or imprisoned in the county jail not less than three nor more than six 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, and all fines and forfeitures arising under the provisions of this act shall be paid into the county treasury for school 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 hereinbefore 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 will also all 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. 63. 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.

CHAPTER V.

OFFENCES AGAINST HABITATIONS, OTHER BUILDINGS, AND OTHER

PROPERTY.

Sec. 64. Arson in first degree—what is.

Sec. 65. Arson in second degree-what is.

Sec. 66. Arson in third degree-what is.

Sec. 67. Maliciously burning standing crop, bridge, &c.,—penalty therefor.

Sec. 68. Wilfully burning insured property.
Sec. 69. Burglary in night-time.

Sec. 70. Burglary in daytime.

Section 64. Every person who shall wilfully and maliciously burn, or cause to be burned, in the night-time, any building, boat, or vessel which is inhabited by some human being, and of which he shall have knowledge, or shall have reasonable cause for believing to be so inhabited, shall be guilty of arson in the first degree, and, upon conviction thereof, shall be punished by imprison

ment for life in the territorial prison, or with death, as the jury may designate.

Sec. 65. Any person who shall wilfully and maliciously burn, or cause to be burned, in the daytime, any building, boat, or vessel, inhabited by any person, he knowing, or having reasonable cause for believing, such building, boat, or vessel to be so inhabited, or shall burn, or cause to be burned, any building or structure attached to the same, with intent to burn such inhabited building, boat, or vessel, shall be deemed guilty of arson in the second degree; and shall be punished by imprisonment in the territorial prison for a period of time not less than five years, nor more than twenty years.

Sec. 66. Every person who shall wilfully and maliciously burn, or cause to be burned, any uninhabited building, boat, or vessel, owned by another, at any time, shall be deemed guilty of arson in the third degree; and, upon conviction thereof, shall be punished by imprisonment in the territorial prison for a term not less than three years, nor more than fifteen years.

Sec. 67. Every person who shall wilfully and maliciously burn, or cause to be burned, any standing crop or stack of grain or hay, or any bridge across any stream in this territory, or any dam or flume, or any pile or parcel of wood or lumber, the property of another, shall, upon conviction thereof, be punished by imprisonment in the territorial prison for a term not less than two years, nor more than five years.

Sec. 68. Every person who shall wilfully burn, or cause to be burned, any building, boat, vessel, goods, wares, merchandise, or any other chattels, which are at the time insured against loss or damage by fire, with intent to injure or defraud the insurer thereof, whether the same be the property of such insured person, or of any other person, shall, upon conviction thereof, be punished by imprisonment in the territorial prison for a term of not less than two years, nor more than ten years.

Sec. 69. Every person who shall, in the night-time, forcibly break and enter, or without force (the doors and windows being open), enter into any dwelling-house, or any other house whatever, or tent, with intent to commit murder, rape, robbery, mayhem, larceny, or other felony, shall be deemed guilty of burglary, and, upon conviction thereof, shall be punished by imprisonment in the territorial prison for a term not less than five nor more than twenty years.

Sec. 70. Every person who shall break and enter into any dwelling or other house, with the intent to commit murder, rape, or robbery, or any other felony, in the daytime, shall be deemed guilty of burglary, and, upon conviction thereof, shall be punished by imprisonment in the territorial prison for a term not less than two years, nor more than ten years.

CHAPTER VI.

OFFENCES AGAINST PROPERTY.

Sec. 71. Robbery-definition of.
Sec. 72. Grand larceny-what is.
Sec. 73. Petit larceny-whot is.

Sec. 74. Feloniously stealing a dog deemed petit larceny.
Sec. 75. Negotiable instruments, deeds, etc., subjects to larceny.
Sec. 76. Of person knowingly buying or receiving property ob-
tained by larceny, burglary, etc.

Sec. 77.

Sec. 78.

Of person bringing to territory property obtained by larceny, burglary, etc. Proceeding.

Of person marking or branding, or altering marks or brands, with intention to steal.

Sec. 79. Of embezzlement or theft by public officer or servant of territory.

Sec. 80. Of officer collecting or receiving public moneys and failing to pay over same, when lawful demand made therefor.

Sec. 81. Of officer of territory converting to his own use, investing, or loaning public moneys, bonds, etc., or person privy thereto.

Sec. 82.

Sec. 83.

Of person defacing or destroying evidence of title, or value, with intent to injure.

Of persons fraudulently destroying or removing corner or boundary lines.

Sec. 84. Larceny by clerk or servant.

Sec. 85. Larceny by bailee.

Sec. 86. Larceny by lodger.

Sec. 87. Of person knowingly driving away stock deemed misdemeanor. Fines therefor-how appropriated.

Section 71. Robbery is the felonious and violent taking of money, goods, or other valuable things from the person of another by force or intimidation. Every person guilty of robbery shall be punished by imprisonment in the territorial prison for a term not less than five years, and which may be extended to life.

Sec. 72. Every person who shall feloniously steal, take, and carry away, lead, or drive away the personal goods or property of another, of the value of fifty dollars or more, shall be guilty of grand larceny, and, upon conviction thereof, shall be punished by imprisonment in the territorial prison for a term not less than one year, nor more than fourteen years.

Sec. 73. Every person who shall feloniously steal, take, and carry away, lead, or drive away the personal goods or property