Slike strani
PDF
ePub

this Territory, setting forth that any person charged with the commission of any criminal offense against the laws of any other State or any of the Territories of the United States, and which, if the act had been committed in this Territory, would, by the laws thereof, have been a crime, is, at the time of filing such affidavit, within the county where the same may be filed, it shall be lawful, and it is hereby made the duty of such judge or justice of the peace to issue his warrant, directed to the sheriff or any constable of the county, commanding him forthwith to arrest and bring before the officer issuing such writ, the person so charged.

ed may be

SEC. 200. When the person arrested, as provided in the preced- Person arresting section, shall be brought before the officer issuing such warrant, committed, it shall be lawful, and it is hereby made the duty of such officer when. to hear and examine such charge, and upon proof by him adjudged to be sufficient, to commit such person to the jail of the county in which such examination shall take place, or cause such person to be delivered to some suitable person to be removed to the proper place of prosecution.

SEC. 201. Whenever any person is committed to jail by any Notice and rejudge or justice of the peace, by either of the provisions of the quisition. preceding section, it shall be the duty of such judge or justice of the peace, forthwith to give notice, by letter or otherwise, to the sheriff of the county in which such offense shall have been committed, or to the person injured by such offense, and no person so committed shall be delayed longer in jail than necessary to allow a reasonable time to the person so notified, after they shall have received such notice, to apply for and obtain the proper requisition for the persons so committed.

SEC. 202. Whenever the governor may deem it expedient and Reprieve, proper to reprieve any person under sentence of death, under any condition whatsoever, the condition upon which such reprieve is granted shall be specified in the warrant, and the person accepting such conditional reprieve shall subscribe such acceptance upon the warrant containing the conditions of reprieve in the presence of two witnesses, who shall attest the same, and such witnesses shall go before the clerk of the court where such sentence is recorded, and shall prove the same, and the clerk shall thereupon record the warrant of reprieve, together with the acceptance and proof thereof, in the journals of the court, a transcript of which record shall, at all times thereafter, be evidence for or against the person accepting such conditional reprieve.

of reprieved

SEC. 203. If, in case of any reprieve, the governor shall deem Confinement it expedient and proper to confine the person so reprieved in the person in penpenitentiary, it being so specified in the warrant, the sheriff or itentiary. other officer having the person so reprieved in his custody, shall convey him to the penitentiary in the same manner as other convicts are directed by law to be conveyed, and the warden of the penitentiary shall receive such person, together with the warrant of reprieve, and shall proceed with such convict as such warrant may direct; and the expenses of transporting such person to the penitentiary shall be allowed and paid as in other cases.

SEC. 204. If any person reprieved shall violate the conditions conditions upon which such reprieve is granted, such person shall be pro

violated.

Application for pardon.

Restrictions.

ceeded against as in other cases of persons escaping from prison, convicted of offenses.

SEC. 205. Application for the pardon of any person convicted of an offense, and sentenced to punishment, shall be made in the manner and under the restrictions hereinafter prescribed.

SEC. 206. Notice for the application for such pardon shall be given to the prosecuting attorney of the county in which the indictment was found against such person or persons so convicted and sentenced, at least three weeks before such application shall be considered by the governor of the Territory, a copy of which notice, acknowledged by such prosecuting attorney, or certified under oath of a credible witness, to be a true copy thereof, shall accompany every such application to the governor, and a notice of such application, setting forth the names of the person or persons on whose behalf it is made, the crime of which he, she or they shall have been convicted, the time of such conviction and the term of sentence, sha'l also be published in some newspaper printed in such county and of general circulation therein, or if Term of sen- there be no newspaper published therein, then such notice shall be posted on the door of the court house of such county, at least three weeks before the governor of the Territory shall consider any such application, a copy of which notice duly authenticated by some credible witness under oath, shall also accompany such application, and in no case, where capital punishment is to be inflicted, shall the sentence be executed within less than thirty days from the date of the sentence; such notice shall only be required to be so served and published for ten days before the consideration of such application.

tence to be

published or posted.

Duty of prose

cuting attor

statement.

SEC. 207. It is hereby made the duty of the prosecuting attorney to make ney of the county in which the indictment was found against such person or persons, on whose behalf such application for pardon is made, to make out and forward to the governor within ten days after the service of the notice upon him as heretofore provided, a statement setting forth the time of such trial and conviction, and the date and term of such sentence, and also the crime of which such person or persons were convicted, and he shall also briefly state any circumstances in aggravation or extenuation, if any such appear in the testimony upon the trial of the person or persons in whose behalf the application is made.

Danger of death.

County com

SEC. 208. In every case in which there is imminent danger of death of any person imprisoned in the penitentiary, which fact shall appear by the certificate of the physician thereof, addressed to the governor, which certificate may be accompanied by the recommendation of the warden of the penitentiary, for the pardon of such convict or convicts; and in every case in which the warden of the penitentiary and directors thereof shall unite in a recommendetion to the governor for the pardon of any such conviet or convicts, stating specifically the considerations and reasons why such application is made, the provisions in the foregoing sections shall not be considered applicable.

SEC. 209. The county commissioners of the several counties in missioners this Territory are hereby authorized, when they deem the same offer rewards. expedient, to offer such reward as in their judgment the nature of

authorized to

the case may require, for the detection or 'apprehension of any person charged with, or convicted of felony, and pay the same on conviction of such person, together with all the necessary expenses not otherwise provided by law, [to any person who shall] succeed in making such detection or apprehension, out of the county treasury.

murderer.

SEC. 210. If any person who has been convicted of murder in Escape of the first degree, and sentenced to be hung, shall escape and shall not be retaken before the time fixed for his execution, it shall be lawful for the sheriff to re-arrest such person, and commit him to the jail of the proper county, and make return thereto to the court in which the sentence was passed, and thereupon the court shall proceed to fix the time of execution, which shall be carried into The court effect by the proper officer, as may be provided by law for the exe- time of execution of persons convicted of murder in the first degree.

shall fix the

cution.

tentiary.

SEC. 211. Whenever any convict in the penitentiary shall be Indicted indicted for any offense committed while confined therein, said while in peniconvict shall remain in the custody of the warden of said penitentiary, subject to the order of the court in which the indictment may be found. SEC. 212. This act shall take effect from and after its passage. Take effect. Approved, December 10th, 1869.

CHAPTER 15.

Punishment in cases of misdemeanor.

AN ACT to Amend the Criminal Laws of this Territory.

Be it enacted by the Council and House of Representatives of the
Territory of Wyoming :

SECTION 1. That in all cases of misdemeanors tried before justices of the peace, or the district courts of this Territory, by indictment, in which the defendant may be convicted, the punishment shall be within the discretion of the court, limited as penalties now are by law, except that payment of the costs of prosecution may be added to and made a part of the sentence, and the court may in its discretion direct the defendant to stand committed until the sentence, including the costs, shall be complied with.

SEC. 2. That in the event of a defendant being sentenced to pay a fine and costs, or to imprisonment and costs, the court may direct that in case of non-payment of said fine and costs, that the defendant be put to work, either within or without the prison, may be put to until said fine and costs shall be paid.

Defendant

work.

Money must be paid into the county treasury.

Repealed.

SEC. 3. That all moneys collected under this act, for labor of prisoners, shall be paid by the constable or sheriff into the county treasury, for the benefit of the county funds, for ordinary county expenses.

SEC. 4. That all acts or parts of acts inconsistent with this act are hereby repealed.

Approved, December 10, 1873.

CHAPTER 16.

AN ACT Declaring the Criminal Law Governing this Territory.

Be it enacted by the Council and House of Representatives of the Ter

ritory of Wyoming :

SECTION 1. Crimes which may be punished with death or Felonies. imprisonment in the penitentiary, shall be denominated felonies;

and all other offenses against the criminal law of this Territory Misdemeanshall be denominated misdemeanors.

ors defined.

SEC. 2. This act shall take effect and be in force from and In force. after its passage.

Approved, December 5, 1873.

« PrejšnjaNaprej »