C. L. 1865, chap. 59.

$ 11: Feb. 4. 1851. Tr.

Arrest: officers to.

duty of

prisoners shall escape from the jail in which they may be under the custody of the law, the person so offending, upon conviction, shall suffer the same punishment as the prisoner or prisoners sentenced to the penitentiary or the jail, for the longest period; or if the prisoners escape before being tried, shall suffer and be imprisoned for a period of not less than one year, nor more than ten years, at the discretion of the court. $1222. It shall be one of the duties of all public officers, as soon as they are notified according to the provisions of this act, to use all diligence for the arrest of the person so required. § 22, Jan. 7. 1856. Tr. § 1223. If any justice of the peace, or sheriff, shall neglect to apprehend any criminal, or shall maliciously or intentionally fail to comply with the duty required, he shall on complaint before the district court, and on proof of the same, be fined in any sum not exceeding twenty-five dollars nor less than five.

$ 1224. When any person shall have been apprehended under the provisions of this law, he shall be delivered to the sheriff or his deputy of the county, who shall remit him, with the greatest possible security, to the authority where he has been demanded.

$1225. All the costs arising in the transportation of such criminal, shall be paid by the county from which he made his escape, or by the criminal when it is believed that he has the means to pay them.

§ 1226. All persons who shall have been committed to jail, under any criminal charge, and shall before the final trial of the cause for which he was imprisoned, or before the completion of the sentence, in case he shall be convicted in the court in which the charge may be pending, escape from jail, and any time thereafter shall be found in any county, precinct or demarcation of this territory, he shall be arrested and imprisoned again, until the judgment of the court may be had or the sentence fully complied with.

§ 1227. It shall be the duty of judicial and ministerial officers, in their respective counties, precincts or demarcations, who shall see or receive information that any of the persons mentioned in the foregoing section, are to be found in his county, precinct or demarcation, notwithstanding he shall have escaped at any time, to apprehend as soon as possible the fugitive, and send him forthwith to the jail of the respective county, where he shall be kept, with all possible security in order to prevent his making his escape again.

$ 1228. If any sheriff, deputy sheriff, coroner or constable, or any deputy shall be found guilty of delay, negligence or neglect in the compliance herewith, on complaint being made before any justice of the peace in the county, he shall be fined in any sum not less than fifty dollars, nor more than one hundred dollars, which shall be collected of them or their securities.

$ 1229. If any justice of the peace shall be guilty of a violation of this act, he shall be, as aforesaid in section one thousand two hundred and twenty-eight, on conviction thereof before the district court, fined in any sum not less than twenty

C. L. 1865, chap. 61.

Officers, failure of: penalty.

Id. § 43.

Prisoner: after ar

rest.

Id. § 44.

Costs: how paid.

Id. § 45.

Prisoners: arrest of escaped.

Ia. § 48.

Officers: duty of certain.

Id. § 49.

Officers, negligence of: penalty.

Id. § 50.

Justice

of

the

peace: liability of

51; Jan. 7. 1856. Tr.

Proviso.

C. L. 1865. C. 61. §. five dollars nor more than fifty dollars: Provided, That all fines collected under this act shall go to the county treasury of the county in which the violation shall have been committed, and it shall be the duty of the attorney general to prosecute all charges made under the provisions of this act, in the district court of the respective county.

§ 1230. All officers authorized to serve processes in this territory shall be authorized to serve processes in any county in this territory in criminal cases.

§ 1231. Whenever a crime has been committed in this territory and the perpetrator has escaped beyond the limits of the territory so that the ordinary process of law cannot be served upon him, it shall be the duty of any magistrate immediately to enter upon the due investigation and examination, and as soon as concluded he shall transmit to the governor a certified copy of such examination.

§ 1232. The governor of the territory, so soon as he receives such certified copy and ascertains in what state or territory the accused is, shall, without delay, make a requisition upon the governor of the state or territory into which the accused has taken refuge, for his delivery to the authorities of this territory.

§ 1233. The governor is authorized to pay the costs and expenses incurred in the apprehension and transportation to this territory of such accused, from the territorial funds.

1234. The auditor of public accounts shall approve and the treasurer of the territory shall pay, any sum which the governor may approve and order under the provisions of this act, from any territorial funds not otherwise appropriated.

Liquors: furnish

ing to minors or in

penalty.

§ 1235.

AGAINST PUBLIC POLICY, GENERAL.

If any person, himself or by his agent, shall sell toxicated person: or give any intoxicating liquor to any minor, without the consent of his parents or guardian, or shall sell or give any intoxicating liquor to any person at the time he is intoxicated, he shall be fined in a sum not less than five dollars nor more than fifty dollars; and in such prosecution, when the principal is the defendant, the agent may be made to testify, or when the agent is the defendant, the principal may be made to testify.

C. L. 1865, chap. 56. $ 1: Feb. 15, 1854.

Lewd female or courtesan not allowed in saloons.

C. 59. L. 89, § 1: Feb. 18.

Women singing or playing instruments

§ 1236. Any person, being the proprietor or having the charge of any saloon or other place wherein intoxicating liquors are sold, who shall suffer or permit any lewd female person or female person of infamous character or any courtesan, to enter such saloon or other place where such liquors are sold, for the purpose of drinking liquors therein, or for the purpose of soliciting others to give them any liquors kept in such saloon or other place where intoxicating liquors are sold, shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of not less than ten dollars, nor more than fifty dollars, for each and every offense, or be imprisoned in the county jail for a period not to exceed sixty days or both, at the discretion of the court.

§ 1237. It shall also be unlawful for any woman or female or games in saloons person to enter any saloon or other place wherein intoxicating prohibited: penalty. liquors are sold for the purpose of singing, or for the purpose of playing upon any musical or stringed instrument therein

or for the purpose of dealing or playing at cards or for the purpose of dealing or playing at any game of chance of any kind or description whatsoever, and any female person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than ten and not more than fifty dollars, with costs, and shall stand committed to the county jail for a period not to exceed six months or until such fine and costs are paid in full.

C. 39. L. 89. § 2: Feb. 18.

License, doing business without;

§ 1238. Every person, by himself or by his agent, who shall transact any business or do any act without a license, penalty. when such license is required by any law of this territory, shall be fined in any sum not exceeding five hundred dollars, and in such cases, when the principal is the defendant, his agent may be made to testify, or when the agent is the de- 2; Feb. 15, 1854. fendant, the principal may be made to testify.

C. L. 1865, C. 36. §

Adulteration of

1239. Any person who shall adulterate any wine, spirits, liquors penalty. or other intoxicating liquor, which are for sale, by the mixture of any deleterious substance or fluid therewith; and any person who shall sell or offer for sale any wine, spirits or other intoxicating liquors that have been adulterated as aforesaid, shall be, upon conviction thereof, fined in any sum not less than five dollars nor more than fifty dollars.

Id. § 3.

Public nuisance, maintaining; penalId. § 4.

1240. Any person who shall erect, keep or maintain any public nuisance, to the inconvenience of any portion of the ty citizens of this territory, shall be fined in a sum not exceeding one hundred dollars.

ob

Indictment. taining maliciously:

§ 1241. If any person shall maliciously, without probable cause, attempt to have presented by an indictment or other penalty. prosecution, for any crime or misdemeanor, to be commenced against any person, or if two or more persons agree between themselves for that purpose, the person so sought to be indicted or otherwise prosecuted, being innocent, the person or persons who so offended shall be fined in a sum not exceeding one thousand dollars, and be imprisoned not more than six months, and forever after disqualified to serve as juror or to vote at any election.

§ 1242. Every person who is in the habit of inciting disputes or litigation between the citizens of this territory, shall be deemed a common barrator, and shall upon conviction be fined in a sum not exceeding five hundred dollars, and imprisoned not exceeding six months.

§ 1243. If any person shall disturb any religious society, or any member thereof when assembled, or collecting together in public worship, or disturb any meeting of the people assembled for any legal object, such person shall be fined in a sum not exceeding fifty dollars nor less than five dollars, and be imprisoned not less than thirty days.

Id. § 5.

Barrator, defined: penalty.

Id. § 6.

Disturbing public meetings: penalty.

Id. § 7.

Damaged provis ions, sale of: pen

§ 1244. If any person knowingly shall sell any kind of damaged, spoiled, or unhealthy provisions either for food or alty. drink, without giving sufficient notice to the purchaser of the same, he shall be fined in a sum not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months.

Id. § 8.