of larceny or theft, he shall be fined in a sum not exceeding one thousand dollars, or imprisonment, at hard labor, not exceeding two years, and any person convicted of stealing any horse, mare, gelding, mule, ass, sheep, hog or goat, shall be sentenced to not more than seven, nor less than two years imprisonment at hard labor, or to receive not more than one hundred nor less than twenty stripes well laid on his bare back.

SEC. 5. Every person who shall be convicted of forgery or counterfeiting, shall be imprisoned not exceeding ten years, and receive on his bare back not exceeding one hundred lashes well laid on.

SEC. 6. Every person who shall be convicted of stealing, falsifying or altering any record, or making any fraudulent deed or conveyance, shall be fined not exceeding one thousand dollars, or imprisonment not exceeding seven years.

ARTICLE II.

SECTION 1. Every person who shall kill another in the necessary defense of his own life, or that of any other persons, or of his own house or property, or in the legal execution of any process, or in order to prevent great bodily harm to himself or another shall be deemed guiltless.

SEC. 2. If any person shall unlawfully have carnal knowledge of any woman by force and against her will, he shall on conviction thereof, be castrated or imprisoned not exceeding ten years or fined not exceeding one thousand dollars.

SEC. 3. Every person who shall be convicted of obtaining any goods, moneys or effects with intent to defraud any other person under false pretenses, shall suffer the same punishment as in case of larceny.

SEC. 4. Every person who shall receive or purchase any goods or effects or chattels, knowing the same to be stolen, or shall knowingly harbor or receive any thief or felon, he shall on conviction thereof be punished as in the case of larceny.

ARTICLE III.

SECTION 1. Every person who shall willfully, corruptly swear, testify, or affirm falsely, any material matter upon any oath or affirmation or declaration legally administered, in any cause, matter or proceeding, before any court, tribunal, public body, or officer, shall be deemed guilty of perjury. and shall be punished as follows: First, for perjury committed on the trial of any indictment for a capital offense with an express premeditated design to effect the condemnation and execution of the prisoner, death or confinement in the county prison not less than ten years; second, for perjury committed on the trial or proceeding, or in any other case, by imprisonment not less than five years or more than ten years, and by not less than fifty nor more than one

hundred lashes on his bare back well laid

on.

SEC. 2. Every person who shall procure any other person, by any means, to commit any willfull or corrupt perjury in any cause, matter or proceeding, in or concerning which, such other person shall be legally sworn or affirmed, shall be punished in the same manner as herein before prescribed. upon a conviction for the perjury which shall have been procured.

SEC. 3. Every person who shall be convicted of having directly or indirectly given any sum of money, or any other bribe, present or reward, or any promise, contracts, obligation or security, for the payment or delivery of any money, present or reward. or any other thing, to obtain or procure the opinion, judgment or decree of any judge. prefect or alcalde, acting within this territory in any suit, controversy, matter or cause, depending before him, and any judge, prefect or alcalde who shall be convicted of having in anywise accepted, or received the same, shall be fined not more than five thousand dollars nor less than five hundred dollars, and shall receive not less than twenty, nor more than one hundred lashes on the bare back well laid on.

SEC. 4. If any person or persons shall. knowingly and willfully, obstruct, resist, or oppose any officer of this territory, serving or attempting to serve or execute any process, or any rule or order of any of the courts of the territory, or any other judicial writ or process, or shall assault, beat or wound any officer or other person duly authorized in serving any writ, rule, order or process aforesaid, he or they, on conviction thereof, shall be imprisoned not exceeding twelve months and fined not exceeding three hundred dollars.

SEC. 5. If any person or persons shall, by force, set at liberty or rescue any persons who shall be found guilty of any capital crime, or rescue any person convicted of said crimes, going to execution, or during execution, he or they so offending and be ing thereof convicted, shall suffer death; and if any person shall by force set at liberty or rescue any person, who before conviction shall stand committed for any capital offense, or if any person shall by force set at liberty or rescue any person committed for or convicted of any other offense against this territory, the person so offending, shall upon conviction be tined not exceeding five hundred dollars and imprisoned not exceeding one year.

SEC. 6. Every person who shall agree. or compound to take satisfaction for any criminal offense, shall forfeit twice the value of the sum or thing agreed for or taken, but no person shall be debarred from taking his goods or property from the thief provided he prosecutes such thief.

SEC. 7. Every person who shall be convicted of shooting or stabbing another on

purpose, or of assaulting or beating another with a deadly weapon, with intent to kill, maim, ravish or rob such person, or to commit any other crime, shall be imprisoned not exceeding seven years nor less than two years.

SEC. 8.

Every person who shall unlawfully assault, strike or wound another, except as provided for in the next preceeding section, shall on conviction be fined a sum not more than fifty dollars nor less than one dollar.

SEC. 9. Every person who shall be convicted of bigamy or polygamy, shall be imprisoned not more than seven years nor less than two years.

SEC. 10. If three or more persons shall assemble together with intent to do any unlawful act against the peace, and to the terror of the people or having lawfully assembled, shall make any movement or preparation to do such act, they shall on conviction pay a fine not exceeding fifty dollars and not less than five dollars each.

SEC. 11. The offenses mentioned in the 8th and 10th sections of this article shall be punished in a summary way before the alcalde: all of the offenses provided for in this law shall be punished by indictment in the circuit court.

SEC. 12. The manner of inflicting the punishment of death shall be by hanging the person convicted by the neck until dead, and shall be executed by the sheriff in not less than twenty nor more than thirty days from the time sentence was pronounced.

SEC. 13. In all cases of imprisonment for offenses under this law, it shall be lawful for the jailor to compel the prisoner to labor at some useful employment, under such directions and regulations as may from time to time be given by the judge of the court before whom the conviction was had, and it shall be lawful to secure such convicts by chains and blocks, or otherwise, so as to prevent their escape during the period of their imprisonment.

SEC. 14. In all cases of conviction under this law, or any other, for any criminal offense, the convict shall remain in confinement until all the costs attending the prosecution shall be paid and his sentence fully complied with, and if such convict shall not discharge and satisfy the fine and costs it shall be lawful for the sheriff of the county in which the convict may be imprisoned. if the circuit judge of that county shall so direct, to bind such convict to labor for any term, not exceeding five years, to any person who will pay such fine and costs, and the person to whom such convict may be bound, may secure him, without cruelty, to prevent

his escape.

SEC. 15. This act shall extend to all crimes committed beyond the limits of any county or settlement within this territory, and the offender shall be apprehended and brought to the most convenient county or

district in the territory, and prosecuted according to law.

SEC. 16. All fines and penalties aceruing under the 8th and 10th sections of this article shall be paid into the treasury of the county in which the offense was committed, all other fines and penalties accruing under this law shall be paid into the territorial treasury.

DECISIONS OF THE SUPERIOR
COURT.

SECTION 1. The attorney general shall be ex-officio reporter of the decisions and opinions of the superior court.

SEC. 2. The opinion of the court shall, in all cases, be reduced to writing, and filed in the cause to which it relates, which shall apply as well to motions which will dispose of a cause, as to final decisions.

SEC. 3. The opinion shall always contain a sufficient statement of the case, so that the same may be understood without reference to the record or other proceedings of the cause.

SEC. 4. The clerk of the superior court shall, when any opinion of court is filed in his office, endorse thereon the day it is filed, and enter the same on his minutes, and shall within thirty days thereafter make a true copy thereof, and shall certify the same and transmit it to the reporter within thirty days after he is required to copy the same, and upon failure to perform the duties required by this section he shall forfeit twenty dollars for the use of the territory, to be recovered by indict

ment.

SEC. 5. The reporter shall publish his decisions of the superior court, under the direction of the court.

ELECTIONS.

SECTION 1. On the first Monday in August, eighteen hundred and forty-seven, and every two years thereafter, an election shall be held throughout this territory for a delegate to congress and members of the general assembly.

SEC. 2. The governor of the territory shall divide each county into as many election precincts as the convenience may require, and shall name a house in each precinct where the election shall be held, and appoint three discreet persons to hold the same at each place of election.

SEC. 3. If the governor shall not designate the election precincts or the house, nor appoint the judges thirty days before the day of the election, it shall be the duty of the prefects to divide their respective counties into precincts, to name a house in each, where the election shall be held and appoint the judges of the election.

SEC. 4. If both the governor and prefects fail to designate the election precincts, the election shall be held at the seat of justice of each county which is not so divided

into precincts, and if no house shall be designated by the governor or prefects, it shall be the duty of the sheriff to fix the place of holding the election, and if no judges be appointed, or those appointed fail to attend, the voters when assembled may appoint the judges of the election.

SEC. 5. When the governor issues a writ of election to fill any vacancy he shall mention in said writ how many days the sheriff shall give notice thereof.

SEC. 6. It shall be the duty of the clerks of the prefects respectively, one month before each general election, or six days before a special election, to make out and deliver to the sheriff of their counties two blank poll books for each election precinct in their county, properly laid off with columns, with the proper certificates attached. The sheriff shall forthwith deliver to the judges of the election, in their respective precincts, the blank books aforesaid.

SEC. 7. There shall be allowed to the clerks, for making out and furnishing the poll books aforesaid, one dollar for each copy, to be paid out of the county treasury.

SEC. 8. The judges, before they enter on their duties, shall take an oath or affimation, to be administered by one of their own body or by any magistrate authorized to administer oaths, that they will impartially, discharge the duties of judges at the present election according to law.

SEC. 9. The judges shall appoint two clerks, who, before entering on the duties of their appointment, shall take an oath or affirmation, to be administered by one of the persons appointed or elected as judges of the election, that they will faithfully record the names of the voters, and distinctly carry out in lines and columns the name of the person for whom each

voter votes.

SEC. 10. The judges of each election shall open the polls at nine o'clock in the morning, and continue them open till six o'clock in the evening, when they shall be closed.

SEC. 11. All elections held in pursuance of this law shall continue one day, and no longer.

SEC. 12. At the close of each election the judges shall certify, under their hands, the number of votes given for each candidate, which shall be attested by their clerks, and they shall transmit the same, together with one of their poll books, by one of their clerks, to the clerk of the prefect of the county in which the election was held, within five days thereafter: the other poll book shall be retained in the possession of one of the judges of the election, open to the inspection of all persons.

SEC. 13. The clerk of each prefect in this territory shall, within eight days after the close of each election, take to his assistance the prefect of his county and examine and east up the votes given to each candidate,

and give the person having the highest number of votes, for any particular office a certificate of election.

SEC. 14. The clerks, in comparing the returns from the several election precincts, shall do it publicly in the court house of their counties, first giving notice of the same, by publi eproclamation, at the court house door.

SEC. 15. In all the districts for the election of members of the legislative council composed of two or more counties, the clerks of all the counties in the district shall transmit to the clerk of the county first named in the district, within twelve days after such election, a certificate, under their hand, of the number of votes given for each candidate in their respective counties: the clerk of the county to which such return shall be made shall give to the person having the highest number of votes a certificate of election, under his hand.

SEC. 16. The clerks of the several counties, to whom a transcript of the vote is directed, shall, within two days after the time limited for the examination of the polls, transmit to the seat of government, by a special messenger, a fair abstract of the votes given in their respective counties for delegate to congress, members of the legislative council and house of representatives.

SEC. 17. If there shall be a failure to receive any of the returns at the seat of government for one week after the same shall be due, estimating thirty miles as a days' travel, the secretary of the territory shall dispatch a messenger to the county not returned, with directions to bring up said abstract.

SEC. 18. If such failure shall happen by neglect of the clerk, he shall forfeit to the territory one hundred dollars, together with the expense of such messenger, to be recovered by indictment.

SEC. 19. The secretary of the territory may delay longer than one week after such failure, if the circumstances will justify it, taking care that the returns, in all cases, be obtained by the time that the returns from the most distant counties ought to be made, provided, that the secretary shall, in no case, delay to dispatch such messenger for said returns more than forty days after such election.

SEC. 20. Within sixty days after each general election, or sooner, if the returns shall all have been made the secretary in the presence of the governor shall proceed to cast up the votes given in all the counties of the territory, for delegate to congress, and shall give to the person having the highest number of votes a certificate of his election, under his hand, with the seal of the territory affixed thereto.

SEC. 21. Should any two or more persons have an equal number of votes, and a higher number than any other persons, the governor shall, in such case, issue his pro

clamation, giving notice of such fact and that an election will be held at the places of holding elections in this territory, for such delegate to congress, in which shall be mentioned the day of election, which election shall be conducted and returned according to the provisions of this law.

SEC. 22. Within two days after the meeting of each general assembly, the secretary of the territory shall lay before each house a list of members elected agreeably to the returns in his office, and the two houses shall, without delay, assemble in the hall of the house of representatives and the speakers of the house of representatives and of the legislative council shall, in the presence of the two houses examine the returns and declare who are elected to fill said offices.

SEC. 23. If any two or more persons have an equal number of votes for the same office, and more votes than any other person, the two houses shall, by joint vote, determine the election, and the speakers of the two houses shall deposit in the office of the secretary of the territory a certificate declaring what persons have been elected.

SEC. 24. There shall be allowed to clerks for sending or conveying the returns of any election in any district into any other county, in the district, as occasion may require, and also to any messenger who may be employed to convey the returns of any election to the seat of government, at the rate of five cents per mile going and returning, to be paid out of the territorial treasury.

SEC. 25. If any judge or clerk after he shall have undertaken to perform the duties pointed out by this law fails to do so, or if any person employed to carry the returns of any election fails so to do, he shall be fined two hundred dollars. for the use of the county, to be recovered by indictment: Provided, That said penalty shall not be inflicted on any person prevented by sickness or unavoidable accident from performing the duties assigned him by this law.

SEC. 26. Where any person offers to vote with those qualifications neither of the judges are personally acquainted. either of the judges may administer an oath and examine him touching his qualifications as a voter.

SEC. 27. If any person offers to vote in a precinct of which he is not a resident, if he possess the necessary qualifications of a voter, he may vote, taking an oath that he has not voted and will not vote at any other precinct during this election.

SEC. 28. When any person who shall offer himself as a voter shall be excluded from voting by the judges, they shall cause his name to be entered on the poll book as a registered voter and shall also take down the names of the persons for whom such person wishes to vote.

SEC. 29. All judges, clerks and voters shall be free from arrest except for felony or breach of peace, in going to, attending and returning from elections.

SEC. 30. If any candidate of the proper county or district contest the election of any person proclaimed duly elected by either house of the general assembly, such person shall give notice in writing to the person whose election he contests, or leave a written notice thereof at the house where such person last resided, within forty days after the return of the election to the clerk's office; the notice shall specify the names of the voters whose votes are contested, the grounds on which such votes were illegal, and the name of the alcalde who will attend to taking of the depositions, and where he will attend to take the same.

SEC. 31. It shall be the duty of the person whose election is contested to select another alcalde to attend to the taking of depositions at the time and place specified in the next preceding section, and when the two parties meet at the time and place specified for taking the depositions, they shall unless it is otherwise agreed upon, select a third alcalde to assist in taking the depositions.

SEC. 32. If the person whose seat is contested fail to select an alcalde, as provided for in the next preceding section, the person contesting the same shall proceed to select another alcalde without delay, and the two alcaldes thus selected by the contestor shall, in such event, have full power and authority to take depositions of witnesses who may be brought before them to be examined.

SEC. 33. The person whose seat is contested, if he intends to contest the legality of any votes given to the candidate who contests the same, shall, within twenty days after he is notified that his election will be contested, give to the adverse party a similar notice to that specified in the 30th section of this law, and the candidate to whom the notice is given shall proceed to select an alcalde in the same manner as is provided for in the 31st section, and on his failing to do so the party giving the notice shall, without delay, select another alcalde, and the two alcaldes so selected, by the party proclaimed duly elected, shall proceed to take the depositions of such witnesses as may be brought before them to be examined: Provided, however, That either party may, without notice, take rebutting testimony before the alcaldes at the time and place specified for taking depositions.

SEC. 34. If, from sickness or any other cause, the alcaldes so selected by either party shall fail to attend at the time and place specified for taking depositions, said party shall without delay, select some other alcalde to supply each vacancy.

SEC. 35. The taking of such depositions shall be commenced within forty days from

the day of election, and the said alcaldes, or either of them, shall issue subpoenas to all persons required by either party, commanding such persons to appear and give testimony at the time and place therein mentioned.

SEC, 36. The alcaldes shall hear and certify all testimony relative to such election to the speaker of the house, a seat to which is contested.

SEC. 37. No testimony shall be received by the alcaldes, or either house of the general assembly, on the part of the contestor or contestee which does not relate to the point specified in the notice, a copy of which notice. attested by the person who served or delivered the same, shall be delivered to said alcaldes, and by them transmitted with the depositions: and no testimony except that contained in the depositions taken before the alcaldes shall be received as evidence by either house of the general assembly.

EXECUTIONS.

SECTION 1. The party in whose favor any judgment, order or decree in any court may be returned shall have execution therefor in conformity to the order, judgment or decree.

SEC. 2. The execution shall be against the goods, chattels, lands and body of the defendant against whom the judgment, order or decree shall be rendered: Provided. that executions from alcaldes shall not go against lands.

SEC. 3. When any execution shall be placed in the hands of any officer for colfection, he shall call upon the defendant for payment thereof, or to show him sufficient goods, chattels, effects and lands whereof the same may be satisfied: and if the officer fail to find property sufficient to make the same he shall notify all persons who may be indebted to said defendant not to pay said defendant, but to appear before the court out of which said executions issued and make true answers on oath concerning his indebtedness, and the like proceedings shall be had as in case of garnishees summoned in suits originating by attachments. If the officer shall not find sufficient goods, chattels, effects, lands or debts to satisfy the execution he shall arrest the body of the defendant, and in default of payment commit him to jail.

SEC. 4. Any defendant so commited to jail, may at the expiration of five days of his commitment, be discharged upon rendering a schedule, under oath, of all his property, money and effects, and delivering the same to the sheriff of the county: the sheriff shall have power to administer the oath aforesaid to said defendant.

SEC. 5. The truth of such schedule may be tried on the return of the execution before the tribunal which issued the same. and if it be found untrue the body of the

defendant may be retaken and committed to jail to await his trial for perjury.

SEC. 6. The person whose goods are taken on execution, may retain possession thereof until the day of sale, by giving bond in favor of the plaintiff with sufficient secur ity to be approved by the officer, in double the value of such property, conditioned for the delivery of the property to the officer at time and place of sale, to be named in such condition, which bond shall be returned with the execution.

SEC. 7. Upon failure of the officer to return such bond, or in case of its insufficiency, the officer shall be subjected to the same liability as is provided in the case of similar bonds in suits commenced by attachment.

SEC. 8. No goods and chattels, or other personal effects taken by virtue of an execution, shall be sold until the officer having charge of the writ shall have given ten days' notice of the time and place of sale, and of the property to be sold, by at least three advertisements put up at public places in the county in which the sale is to be made.

SEC. 9. When real estate shall be taken on execution by any officer, it shall be his duty to expose the same to sale at the court house door on some day during the term of the court of the county in which the same is situated, having previously given twenty days' notice of the time and place of sale. and what lands are to be sold, and where situated, by at least six hand bills, signed by him, and put up at different public places in the county.

SEC. 10. All executions issued from the circuit or superior courts, or the court of the prefect, twenty days before the next term of such court, shall be returnable to the said next term: and all executions issued from the said courts less than twenty days before the next term of said court shall be returnable to the second succeeding term. SEC. 11. All executions issued by the alcaldes shall be returnable in thirty days from their date.

FEES.

SECTION 1. The attorney general and circuit attorneys shall, respectively, be allowed fees as follows, which shall be taxed as other costs. For every conviction on indictment, when the punishment assessed by the court or jury shall be a fine or imprisonment, or both, five dollars. For judgment in every proceeding of a criminal nature, otherwise than by indictment, five dollars. For his services in all actions which it is, or shall be made, his duty by law, to prosecute or defend, five dollars. For a conviction for homicide other than capital, for rape, arson, burglary, robbery. forgery, and counterfeiting, ten dollars. For a conviction in a capital case, twenty dollars.

SEC. 2. The clerk of the prefect shall be