SEC. 18. Whenever a witness in a criminal case is recognized or subpoenaed, he shall attend under the same until he be discharged by the court, and no costs shall be allowed for any second recognizance or subpoena against the same witness.

SEC. 19. All fines and penalties imposed, and all forfeitures. incurred, in any case not triable by indictment, shall be paid into the treasury of the county in which the offence was committed, for the benefit of said county.

Crimes and punishments.

SEC. 1. The crimes mentioned in the first article of this law being defined with sufficient accuracy by the laws heretofore in force in this Territory, it is deemed unnecessary to do more than to annex the punishment to the respective offences.

ARTICLE I.

SEC. 1. If any person shall be convicted of the crime of wilful murder, such person shall suffer death. If any person or persons be convicted of manslaughter, such person or persons shall be imprisoned not exceeding ten years, and fined not exceeding one thousand dollars.

SEC. 2. If any person or persons shall be convicted of the crime of arson, such person or persons shall be imprisoned not exceeding ten years, and fined not exceeding five thousand dollars.

SEC. 3. Every person who shall be convicted of robbery or burglary shall be imprisoned at hard labor not exceeding ten years, and receive on his bare back thirty-nine stripes well laid on; and if death ensue to any innocent person or persons from such robbery. or burglary, the perpetrator or perpetrators, and his accessories before the fact, shall be deemed guilty of wilful murder, and punished with death.

SEC. 4. If any person shall be convicted of larceny or theft, he shall be fined in a sum not exceeding one thousand dollars, or imprisoned 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 imprisoned not exceeding seven years.

ARTICLE II.

SEC. 1. Every person who shall kill another in the necessary defence of his own life, or that of any other person, 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 any false pretence, shall suffer the same punishment as in case of larceny.

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

ARTICLE III.

SEC 1. Every person who shall wilfully and 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 offence, 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 any other trial or proceeding, or in any other case, by imprisonment not less than five years and not 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 wilful and 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 hereinbefore prescribed, upon a conviction for the perjury which shall have been so procured.

SEC. 3. Every person who shall be convicted of having, directly or indirectly, given any sum or sums of money, or any other bribe, present, or reward, or any promise, contract, or 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 alcade, acting within this territory, in any suit, controversy, matter, or cause depending before him, and every judge, prefect, or alcade, 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 wilfully obstruct, resist, or oppose any officer of this Territory in serving or attempting to serve or execute any process, or any rule or order of any of the courts of this Territory, or any other judicial writ or process, or shall assault, beat, or wound any officer or other person duly authorized, in serving or executing 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 person who shall be found guilty of any capital crime, or rescue any person convicted of the said crimes, going to execu tion or during execution, he or they so offending, and being 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 offence, or if any person shall by force set at liberty or rescue any person committed for, or convicted of, any other offence against this territory, the person so offending shall, on conviction, be fined 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 offence, shall forfeit twice the value of the sum agreed for or taken; but no person shall be debarred from taking his goods or property from the thief, provided he prosecute such thief.

SEC. 7. Every person who shall be convicted of shooting at 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 is provided for in the next preceding 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 person or property of another, or to do any other 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 offences mentioned in the 8th and 10th sections of this article shall be punished in a summary way before the alcades. All other offences 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 offences 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 chain and block, 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 offence, 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 shall 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 accruing under the 8th and 10th section of this article shall be paid into the treasury of the county in which the offence was committed: all other fines and penalties. accruing under this law shall be paid into the Territorial treasury.

Decisions of superior court.

SEC. 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 the court is filed in his office, endorse there on 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 shail forfeit twenty dollars to the use of the Territory, to be recovered by indictment.

SEC. 5. The reporter shall publish the decisions of the superior court under the directions of the court.

Elections.

SEC. 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 public 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 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 named by the governor or prefects, it shall be the duty of the sheriff to fix the place of holding the election. And, if no judge be appointed, or if 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 affirmation, 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 judge of the present election, according to law.

SEC. 9. The judges shall appoint two clerks, who, before entering upon the duties of their appointment, shall take an oath or affirmation, to be administered by one of the persons appointed or elected as judge of the election, that they will faithfully record the names of all 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 9 o'clock in the morning, and continue them open till 6 o'clock in the evening, when they shall be closed.