L. 1876. C. 9. § 7: Jan. 14. Tr.

of.

Grand jury, duty

False

pretenses,

who shall violate the provisions of this act, and for every conviction shall receive ten dollars from the person convicted. And it shall be the duty of the grand juries to investigate carefully whether in their counties any person or persons have violated the provisions of this act, and if so indict the same. § 1166. It being a matter of great importance, in conse- obtaining property: quence of the many frauds on property hired, as well as penalty. loaned, principally in goods and animals, having been suffered; as also under the pretense of hiring and borrowing, in a great measure many goods are received by men of vicious and bad intentions; therefore, he who shall be guilty of such offense, whether by selling, or transferring, or pledging, without the manifest will of the proper owner, in writing, any property without the express consent of the owner, shall be convicted as in the case of petty larceny, and shall be held responsible for all the injuries and costs, upon conviction before any justice of the peace; and the article or property so obtained, or in any other manner alienated, shall be restored to its legal $2: Feb. 1, 1854. Tr.

owners.

§ 1167. Any person who may have bought any of the goods designated in the preceding section, has a right to recover his money from the vender.

of.

C. L. 1865, chap. 49,

Money; recovery

Id. § 3.

Forgery and counterfeiting: penalty.

§ 1168. Every person who shall falsely make, alter, forge or counterfeit any public record, or any certificate, return or attestation of any clerk of a court, register, notary public, justice of the peace, or any other public officer, in relation to any matter wherein such certificate, return or attestation may be received as legal proof, or any charter, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, or any order, acquittance or discharge for money or other property, or any acceptance of a bill of exchange, indorsement, or assignment of a bill of exchange, or promissory note, or any accountable receipt for moneys, goods or other property, with intent to injure or defraud any person, shall be punished by imprisonment in the territorial prison or county jail, not more than five years, nor less than one year. 1; Feb. 16, 1854. § 1169. Every person who shall utter and publish as true, any false, forged, or altered record, deed or other writing mentioned in the next preceding section, knowing the same to be false, forged or altered, with intent to injure or defraud as aforesaid, shall be punished by imprisonment in the territorial prison or county jail, not more than five years nor less than one year.

C. L. 1865, chap. 53, Forgery, publishing of; penalty.

Id. § 2.

Forgery, etc., of territorial issues;

§ 1170. Every person who shall falsely make, alter, forge or counterfeit any note, certificate, or other bill of credit is- penalty. sued by any commissioner or other officer authorized to issue the same, for any debt of this territory, with intent to injure or defraud any person as aforesaid, shall be punished by imprisonment in the territorial prison or county jail, not more than seven years, nor less than three years.

Id. § 3.

Forgery, etc.. of corporation issues:

§ 1171. Every person who shall make, alter, forge or counterfeit any bank bill, promissory note, draft, or other penalty. evidence of debt, issued by any corporation or company duly authorized for that purpose, by the laws of the United States, or of this territory, or of any territory of the United States,

4: Feb. 16, 1854.

C. L. 1865. C. 53, § or of any other state, government or country, with the intent to injure or defraud, shall be punished by imprisonment in the territorial prison or county jail, not more than five years, nor less than one year.

Forging railroad check

ticket,

pass: penalty.

or

§ 1172. Every person who shall falsely make, alter, forge or counterfeit any railroad ticket, check or pass, with intent to injure or defraud, shall be punished by imprisonment in the territorial penitentiary for not more than five years nor C. 40. L. 93, § 1; less than one year.

Feb. 23.

or

Uttering railroad ticket. check pass: penalty.

Id. § 2.

Publishing forged railroad ticket: penalty.

Id. § 3.

Counterfeits. having in possession; penalty.

§ 1173. Every person who shall utter or publish or attempt to utter or publish any false, forged or altered railroad ticket, check or pass, knowing the same to be false, forged or altered, with intent to injure or defraud, shall be punished by imprisonment in the territorial penitentiary for not more than five years nor less than one year.

§ 1174. Every person who shall have in his possession any forged, counterfeited or altered railroad ticket, check or pass, with the intent to utter or publish the same and injure or defraud, knowing the same to be forged, counterfeited or altered, shall be punished by imprisonment in the territorial penitentiary for not more than five years nor less than one year.

Every person who shall have in his possession any forged, counterfeit, or altered bank bill, promissory note, draft, or other evidence of debt, issued or purporting to have been issued as is mentioned in the next preceding section, with intent to utter the same as true or false, knowing the same to be so forged, counterfeited or altered, as aforesaid, shall be punished by imprisonment in the territorial prison or Feb. 183. 53, county jail, not more than five years, nor less than one year.

5; 16, 1854.

Counterfeits, passing of: penalty.

Id. § 6.

Counterfeits, making plates for: penalty.

§ 1176. Every person who shall utter or pass, or tender in payment as true, any false, altered, forged or counterfeit note, certificate or bill of credit for any debt of this territory, or bank bill, promissory note, draft or other evidence of debt, issued or purporting to have been issued as is mentioned in section one thousand one hundred and seventy-one, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud, shall be punished by imprisonment in the territorial prison or county jail, not more than five years, nor less than one year.

§ 1177. Every person who shall engrave, make or mend, or bring to engrave, make or mend, any plate, block, press, or other tool, instrument, or implement, or shall make or provide any paper or other materials adapted and designed for the forging or making any false and counterfeit note, certificates, or bills of exchange, in the similitude of the notes, certificates or bills of credit issued by any bank or banking company, established in this territory, or within the United States, or any territory thereof, or within any other governHaving in posses- ment or country, and every person who shall have in his possession any such plates, or block, engraved in any part, or any press or other tool, instrument, or implement, paper or other material, adapted and designed as aforesaid, with intent to use the same, or to cause or to permit the same to be used in forging or making any such false and forged certificates,

sion: penalty.

bills or notes, shall be punished by imprisonment in the territorial prison or county jail, not more than five years, nor less than one year.

§ 1178. In all prosecutions for forging or counterfeiting of any notes or bills of the banks above mentioned, or for writing, publishing or tendering in payment as true, any forged or counterfeit notes, or for being possessed thereof, with the intent to utter and pass them as true, the testimony of the president and cashier of such banks may be dispensed with, if their places of residence shall be out of this territory, or more than forty miles from the place of trial; and the testimony of any person acquainted with the signatures of the president or cashier of such banks, or who has knowledge of the difference in the appearance of the true and counterfeit bills or notes of such banks, may be admitted to prove that such bills or notes are counterfeit.

§ 1179. In all prosecutions for the counterfeiting of any note, certificate, bill of credit, or security issued on behalf of the United States, or on behalf of any state or territory, or for uttering, publishing, or tendering in payment as true, any such forged or counterfeit note, certificate, bill of credit, or security, or for being possessed thereof, with intent to utter or pass the same as true, the certificate under oath of the secretary of the treasury, or treasurer of the United States, or of the secretary or treasurer of any state or territory, on whose behalf such certificate, bill of credit, or security purports to have been issued, shall be admitted as evidence for the purpose of proving the same to be forged or counterfeit.

Connecting parts of papers; defined

§ 1180. If any person shall fraudulently connect together different parts of several bank notes, or genuine instruments, forgery. in such manner as to produce an additional note or instrument, with intent to pass all of them as genuine, the same shall be deemed as a forgery in the like manner as if each had been falsely made or forged.

Id. § 1.

signa

Fictitious tures: defined as

§ 1181. If any fictitious or pretended signature, purporting to be the signature of an officer or agent of any corpora- forgery. tion, shall be fraudulently affixed to any instrument or writing, purporting to be a note, draft, or other evidence of debt issued by such corporation, with intent to pass the same as true, it shall be deemed a forgery, though the person whose fictitious or pretended signature may never have been an officer or agent of such corporation, and though no such corporation may ever have existed.

§ 1182. In any case, when the intent to defraud is necessary to constitute the offense of forgery, or any other offense that may be prosecuted, it shall be sufficient to allege in the indictment an intent to defraud, without naming therein the particular person or body corporate intended to be defrauded; and on the trial of such indictment, it shall be sufficient and shall not be deemed a variance if there appear to be an intent to defraud the United States, or any state or territory, county, city, or precinct, or any body corporate, or any public officer in his official capacity, or any co-partnership or member thereof, or any particular person.

Id. § 11.

Allegation

suffi

cient.

Id. $12.

C. L. 1865, chap. 53, §18: Feb. 16, 1854.

coin: penalty.

§ 1183. Every person who shall counterfeit any gold or silver coin, current by law or usage within this territory, Counterfeiting and every person who shall have in his possession, at the same time, ten or more pieces of false money or coin, counterfeited in the similitude of any gold or silver coin current as aforesaid, knowing the same to be false and counterfeited, and with intent to utter and pass the same as true, shall be punished by imprisonment in the territorial prison, or county jail, not more than five years, nor less than one year.

Counterfeit coin. passing of; penalty.

Id. § 11.

Counterfeiting coins, making tools for: penalty.

Id. § 15.

Punishment

second offense.

Id. § 16.

for

§ 1184. Every person who shall have in his possession any number of pieces of the counterfeit coin mentioned in the next preceding section, knowing the same to be counterfeit, with intent to utter or pass the same as true, and any person who shall utter, pass or tender in payment as true any such counterfeit coin, knowing the same to be false and counterfeit, with intent to injure or defraud any person, shall be punished by imprisonment in the territorial prison, or county jail, not more than five years, nor less than one year.

§ 1185. Every person who shall mould, stamp, or engrave, make or mend, or shall knowingly have in his possession any mould, pattern, die, punch, engine, press, or other tool or instrument adapted and designated for coining or making any counterfeit coin in the similitude of any gold or silver coin, current by law or usage in this territory, with intent to use the same, or cause or permit the same to be used or employed in coining or making any such false and counterfeit coin as aforesaid, shall be punished by imprisonment in the territorial prison or county jail, not more than five years, nor less than one year.

§ 1186. Any person who may be convicted of a second offense, under the provisions of this chapter, shall be punished by imprisonment not exceeding twice the term mentioned in the section under which he may be indicted and tried.

Penalty for grand § 1187. Every person convicted of the crime of larceny, larceny. embezzlement, or receiving or of the crime of embezzlement, or of the crime of felonious

over

less.

stolen goods, when twenty-five ly receiving stolen goods or property, shall be punished by dollars value; when imprisonment in the territorial penitentiary not less than one year nor more than ten years, if the value of the property stolen, embezzled, or feloniously received shall exceed twentyfive dollars; and by imprisonment in the county jail not more than six months, or by fine not exceeding two hundred dollars, or by both such fine and imprisonment, if the value of such property shall be twenty-five dollars or less.

(', 80 L. 91. § 8:

Feb. 26.

Penalty: robbery or burglary.

Id. § 9.

How punishment assessed.

Id. § 10.

§ 1188. Every person convicted of the crime of robbery. or of the crime of burglary, shall be punished by imprisonment in the territorial penitentiary not less than three, nor more than fifteen years.

§ 1189. In the trial of all criminal cases punishment within the limits prescribed by law shall be assessed by the court in its discretion; but juries may, in their discretion, upon return of a verdict of guilty in any criminal case, recommend defendant to the clemency of the court, and any such recommendation shall receive due consideration by the court.

Section one thousand one hundred and ninety omitted.

Perjury; penalty.

§ 1191. Every person being lawfully required to depose the truth in any proceedings in a court of justice, who shall commit perjury, if such perjury was committed on the trial of an indictment for a capital crime, shall be punished by imprisonment in the territorial prison or county jail, not more than fifteen years, nor less than three years, and if committed in any other case, by imprisonment in the territorial prison or county jail, not more than five years, nor less than two gi; Feb, 15, 1854. years.

C. L. 1865, chap. 54,

False swearing of official outh:

§ 1192. If any person of whom an oath shall be required by law, shall willfully swear falsely in regard to any matter jury. or thing, respecting which such oath is required, such person shall be deemed guilty of perjury.

Territory vs. Weller, vol. 2, page 470, N. M. Rep.

§ 1193. Every person who shall be deemed guilty of subornation of perjury, by procuring another person to commit the crime of perjury as aforesaid, shall be punished in the same manner as for the crime of perjury.

Id. § 2.

per

Perjury, subornation of: penalty. Id. § 3.

Perjury: inciting or procuring: pen

§ 1194. If any person shall endeavor to procure or incite any other person to commit the crime of perjury, though no alty perjury be committed, he shall be punished by imprisonment in the territorial prison or county jail, not more than three years, nor less than one year, or by not less than one hundred dollars' fine.

§ 1195. Any person who gives or offers to give any bribe or consideration in money or otherwise to any witness, or to any person who is likely to become a witness in any cause pending, or is about to be brought in any of the courts of this territory, to testify to any fact or to abstain from testifying to any fact in any cause, and any witness or person who is

Id. § 4.

Bribery of ness; penalty.

wit