charged with any offense against the laws of this territory, in the legal discharge of the duties of their respective offices, or when such carrying may be necessary for the public safety, but not otherwise, and it shall be for the court or jury to decide whether such carrying of weapons was necessary or not; and for an improper carrying or using of deadly weapons by an officer, he shall be punished as other persons are punished for the violation of any of the provisions of the preceding sections of this act. C. 63, L. 91, § 3 Feb. 26. Duty of hotel and § 1386. Every keeper of hotel, boarding house, bar room, saloon keepers, etc. drinking saloon or place where liquor is sold, or dance hall, in this territory, shall keep conspicuously posted up, a copy of this act, in both the English and Spanish languages, and it is hereby made the duty of every such keeper of a hotel, boarding house, bar room, drinking saloon or place where liquor is sold, or dance hall, or the person in charge of the same, who shall become cognizant of any violations of the provisions of this act, in, upon or about their premises, to immediately and at once direct the attention of such violator to the provisions of this act, and upon a failure of such keeper of a hotel, boarding house, bar room, drinking saloon, or place where liquor is sold, or dance hall, or the person in charge thereof, to so do, he or they shall be liable to pay a fine of not less than five dol- Feb. 18. lars, nor more than fifty dollars. § 1387. It shall be the duty of the judges of the several district courts of this territory, at the charging of the grand jury of the several counties, to direct the attention of the said grand juries to the provisions of this act, and require that they make diligent inquiry as to any violation of the same. § 1388. The boards of county commissioners of the several counties of this territory are hereby directed and required to have printed in both English and Spanish, a sufficient number of copies of this act for the use of and to be furnished to all persons applying for the same; and it is made the duty of the several sheriffs and collectors of said counties to furnish to each person with a license, a copy of this act in both English and Spanish. § 1389. All fines and penalties accruing from the violation of the provisions of this act shall be paid into the county treasury of the county in which such violation occurs, to the credit and for the benefit of the school fund of said county. SLANDER IN CHURCHES. any C. 30. L 87. § 11: Duty of judges. Id. § 12. county Duty of commissioners. Id. § 13. Disposition of fines. Id. § 14. Slander in churches: penalty. § 1390. If any minister of the gospel of denomination whatever, or any other person shall, by word or in any other manner, slander any other person or persons within any temple, upon conviction, by complaint being made to any justice of the peace, shall be fined in any sum not exceeding fifty 17: Jan. 10, 1856. Tr. dollars nor less than twenty-five dollars. USING FALSE WEIGHTS AND MEASURES. C. L. 1865, C. 61. § Weights and measures: altering or us § 1391. Any person or persons who shall, with malice and to the injury of the people or to any individual, alter or re- ing. duce the legal weights and measures, regulated according to the standard established in this territory, sections four thousand one hundred and eighty-five to four thousand one hundred and ninety-six, use any false measures, on conviction thereof before the court of a justice of the peace, or upon indictment before the district court, shall be tried and sentenced as is provided by said sections. $1392. Any person or persons who may sell jewelry, either gold, silver or other metals, and it being sold as the finest quality, resulting to be inferior, which the vender represents falsely and maliciously to be of greater value than it really is, or shall sell false stones for fine ones, or any other counterfeit merchandise as genuine, or shall commit, in injury to the purchaser, any other cheat relative to the nature of the goods he may sell, or which may have been intrusted to them, by reason of their business, and shall subtract for the purpose of changing or reducing the fineness thereof, should they be metals, in injury to their owners, for such acts, the persons so offending shall be tried before the court of a justice of the peace, or by indictment before the district court, and on conviction thereof, shall be sentenced to lose the legal value of the effects counterfeited, and shall also pay a fine of not less than fifty, nor more than two hundred dollars, or shall be imprisoned in the territorial prison for any term not exceeding one year, nor less than three months. Riot: penalty. 1876, chap. 10, § 1. AGAINST THE PUBLIC PEACE. § 1393. If three or more persons shall assemble together, As amended. L. with intent to do any unlawful act with force and violence against the person or property of another, or to do any unlawful act against the peace, or being lawfully assembled, and shall agree with each other to do any unlawful act, as aforesaid, and shall make any movement or preparation therefor, the persons so offending shall each, on conviction thereof, be fined in any sum not exceeding two hundred dollars, or be imprisoned not exceeding six months, or both, at the discretion of the court in which the conviction is had. C. L. 1865, chap. 55. § 1: Feb. 16. 1854. Riots. dispersion § 1394. Whenever three or more persons shall be assemof: duties of officers bled as aforesaid, and proceed to commit any of the offenses C. L. 1865, chap. 55. aforesaid, it shall be the duty of all judges, justices of the peace, sheriffs, deputy sheriffs, constables and all ministerial offi- Feb. 15, 1854. Tr. cers, immediately upon actual view, or as soon as may be on information, to make proclamation in the hearing of such offenders, commanding them, in the name of the Territory of New Mexico, to disperse and depart to their several homes or lawful employments; and if upon such proclamation such persons shall not disperse and depart, as aforesaid, it shall be the duty of such judges, justices of the peace, sheriffs, deputy sheriffs, constables, and all ministerial officers, respectively, to call upon all persons near, and if necessary, throughout the country, to aid and assist in dispersing or tak ing into custody all persons assembled as aforesaid; military officers and others called on as aforesaid, refusing to render immediate assistance, shall, each, upon conviction thereof, be fined in any sum not exceeding twenty-five dollars. § 1395. If any person shall forcibly obstruct any of the authorities aforesaid, or if any three or more persons shall continue together after proclamation made as aforesaid, or attempted to be made and prevented by such rioters: or in case of no proclamation, any three or more persons being assembled as aforesaid, and shall commit any unlawful act, every offender, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars, and imprisoned in the county jail not exceeding thirty days, and shall moreover find good security for good behavior for a time not exceeding one year. Penalty. Offeers; obstruction of. Offense, commit ting an: penalty. Id. § 3. Officer, neglect or 1396. If any judge, justice of the peace, sheriff, or dep- refusal of duty: penuty sheriff, or constable, having notice of any rioters or tu- alty. multuous and unlawful assembly, as is mentioned in this chapter, in the city, precinct, or county in which he lives, shall neglect or refuse immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or shall neglect or omit to exercise the authority with which he is invested by this chapter, for suppressing such noted or unlawful assembly, and for arresting and securing the offenders, he shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding three hundred dollars. Id. § 4. Officers, refusing to assist: penalty § 1397. If any person present, being commanded by any of the magistrates, or officers mentioned in this chapter to for aid or assist in seizing and securing such rioters or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, shall refuse or neglect to obey such command, he shall be deemed to be one of the rioters or persons unlawfully assembled, and shall be liable to be prosecuted therefor and punished accordingly. Rioters, refusing to disperse; powers § 1398. If any persons who shall be so riotously and unlawfully assembled, and who have been commanded to dis- of omfleers. perse as before provided, shall refuse or neglect to disperse without unnecessary delay, any two of the magistrates or officers before mentioned may require the aid of a sufficient number of persons in arms, or otherwise, as may be necessary, and shall proceed in such manner as in their judgment shall be expedient, forthwith to disperse and suppress such unlawful, riotous or tumultuous assembly, and seize and se C. L. 1865. C. 55, § cure the persons composing the same, so that they may be proceeded with according to law. 6: Feb. 15, 1854. Riots: armed force for suppression, under whose orders, Id. § 7. Officers guiltless in event of killing or wounding. § 1399. Whenever an armed force shall be called out for the purpose of suppressing any tumult or riot, or dispersing any body of men acting together by force, with intent to commit violence to persons or property, or with intent by force or violence to resist or oppose the execution of the laws of this territory, such armed force, when they shall arrive at the place of such unlawful, riotous or tumultuous assembly, shall obey such orders for suppressing the riot or tumult, for dispersing and arresting all the persons who are committing any of said offenses, as they may have received from the governor or from any judge of a court of record, or the sheriff of the county; and all such further orders as they there shall receive from any two of the magistrates or officers mentioned in section one thousand three hundred and ninety-four. § 1400. If by reason of any of the efforts made by any of the said magistrates or officers, or by their direction to disperse such unlawful, riotous or tumultuous assembly, or to seize or secure the persons composing the same, who have refused to disperse, any person or persons there present as spectators, or otherwise, shall be killed or wounded, the said magistrates and officers and all persons acting by their order, or under their direction, shall be held guiltless and fully justi fied in law; and if any of the said magistrates, or officers, or any person acting by their order or under their direction, shall Rioters: how held be killed or wounded, all the persons so unlawfully, riotously and tumultuously assembled, shall be held to answer therefor. to answer. Id. § 8. Rioters. destroying building; penalty. Id. § 9. Officer; resisting; penalty. ld. § 10. Assaults or threats: penalty for. Id. § 11. Affray, defined; penalty. $ 1401. If any of the persons unlawfully assembled, shall demolish, pull down, or destroy any dwelling house, or any other building or shop, he shall be punished by imprisonment in the territorial prison or county jail, not more than seven years nor less than three years. § 1402. If any person shall resist or abuse any judge, justice of the peace, sheriff, constable, or other officer, in the execution of his office, the person so offending shall, upon conviction thereof, be fined in any sum not exceeding two hundred dollars, or imprisoned in the county jail not exceeding thirty days, or both, at the discretion of the court. § 1403. If any person shall unlawfully assault or threaten another, in a menacing manner, or shall unlawfully strike or wound another, the person so offending shall, upon conviction thereof, be fined in any sum not exceeding one hundred and fifty dollars, or imprisoned in the county jail not exceeding thirty days, or both, at the discretion of the court, and shall, moreover, be liable to the suit of the party injured. Territory vs. Miera, vol. 1, page 387. N. M. Rep. Territory vs, Valdez, vol. 1, page 548, N. M. Rep § 1404. If two or more persons, voluntarily or by agreement, engage in any fight or use any blows or violence toward each other in an angry or quarrelsome manner, in any public place, to the disturbance of others, they are guilty of affray, and shall be punished by imprisonment in the county jail not exceeding three months, or by fine not exceeding fifty dollars. § 1405. When any warrant legally issued by any magistrate in this territory, in any criminal case, shall be delivered into the hands of the sheriff or constable to be executed and whose duty it shall be to execute such warrant, it is hereby made the duty of that sheriff or constable to serve the same immediately, and if such sheriff shall neglect or delay to serve any such warrant, delivered to him as aforesaid, when in his power to serve the same, either alone or by calling upon assistance according to law, such sheriff or constable shall, if the offense charged for which the warrant issued be punishable with death or imprisonment in the territorial prison of this territory; upon conviction thereof, be fined in any sum not exceeding ten thousand dollars, or imprisoned in the county jail not more than seven years, or both, at the discretion of the court. § 1406. If any sheriff or constable shall be guilty, as specified in the preceding section, of neglect or delay in serving any warrant, when the offense charged, for which, such warrant may issue, be an offense not punishable by death or imprisonment in the territorial prison, such sheriff or constable shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, or imprisoned not exceeding ten days in the county jail, or both, at the discretion of the court. § 1407. A conviction of either of the offenses specified in the two preceding sections of this chapter shall be forfeiture when. of his office of sheriff or constable, and the same shall immediately become vacant. Sheriff or constabie, forfeits office: C. L. 1865, chap. 55. § 15: Feb. 16, 1854. Assault and battery, defined: pen § 1408. Every person who, in a rude, insolent, or angry manner, shall unlawfully touch another, shall be deemed alty. guilty of an assault and battery. id. § 16. Person refusing to assist officer: pen § 1409. Every person required by any sheriff or his deputy, or by any constable or conservator of the peace, to as- alty. sist him in the execution of his office or in the service of any process, and failing to obey shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, unless he show a valid cause for not obeying. Id. § 17. |