Ib. Sec. 21. Accessories in horse stealing may be tried be fore convic tion of the principal. Ib. Sec. 22. Stealing neat cattle, and goats. ed; such person shall be deemed and taken as an accessory to such felony, and being of either of the said offences legally convicted, by the testimony of one or more credible witness or witnesses, shall incur and suffer the punishment of fine, imprisonment, whipping and branding, as prescribed in the last section. § 22. If any such principal felon cannot be taken, so as to be prosecuted and convicted of any such offence, it shall and may be lawful to prosecute every such person or persons buying and receiving any such animal as aforesaid, stolen by any such principal felon, knowing the same to have been stolen; and on conviction thereof, such offender shall be punished in the same manner, as if the said principal felon had been previously tried and convicted. § 23. Every person who shall be convicted of stealing any neat cattle, hog, sheep, or goat; shall for every such animal so stolen, forhogs, sheep, feit and pay to the owner the value thereof; and also a fine of twenty dollars to any person suing for the same, to be recovered in any court in this territory, having cognizance thereof; and moreover, the offender shall receive on his bare back, twenty-five lashes well laid on, for the first offence, and for every succeeding offence he shall receive on his bare back, thirty-nine lashes well laid on, and stand in the pillory two hours. lb. Sec. 25. Injuries to § 24. If any person shall throw down or open any bars or gates, the freehold, fence or fences, belonging to or enclosing lands not his own, or shall and thefts of dig up or carry away, any roots, fruit, or plants, or shall cut down or things belonging to it. carry away any cotton, corn, oats, or rye, standing, lying, or being on any land not his own; or shall take or carry away from any landing place, whereof he is not a proprietor or owner, any boat, watercraft, or goods or wares whatever, wherein he hath no interest, without the leave of some person who has interest therein, or shall wilfully injure any building not his own; he shall for each and every such offence, forfeit and pay to this territory a fine, not less than two nor more than twelve dollars; to be recovered upon complaint before any justice of the peace, in the county where the offence was committed, and shall be liable to answer in damages to the party injured. public buildings, &c. Destroying, If any person shall wilfully destroy, break or pull down, injure or or defacing deface any public building, monument, instrument of writing, or other instrument or machine, erected or set up by lawful authority, without being duly empowered so to do, the person so offending shall forfeit and pay for each offence, a fine not less than twelve dollars nor more than three hundred, to the use of this territory, to be recovered by information or indictment, in any court of record having cognizance of the same, and be further liable to answer in damages as aforesaid. And if any person, on being sentenced to pay any of the fines afore. said, shall be unable to pay the same, the court passing sentence, may order such person to be publicly whipped, not exceeding thirty-nine stripes, or be imprisoned, not exceeding six months, and to find sureties for his good behavior, for the term of one year. Duty of at eral. When any of the trespasses before named shall have been comtorney gen mitted upon any buildings or other property of a particular county, it shall be the duty of the attorney general to institute an action, and prosecute for the damages the county may have thereby sustained. And it is provided, That nothing in this section shall be construed be construed. to prevent the moving of any incumbrances which may be in the highway, under the order and direction of any person, who may be legally authorized to superintend the same, or to prevent any prosecution for a theft, where a theft is committed. How this section is to Counterfeit 25. If any person or persons shall forge or counterfeit, or cause Ib. Sec. 26. or procure to be forged or counterfeited, or shall willingly act or as- ing the coin. sist in the forging or counterfeiting any gold or silver coin, which now is or hereafter may be passing, or in circulation in this territory; or shall falsely utter, pay, or offer, or tender in payment, any such forged or counterfeited coin, knowing the same to be forged or counterfeited; every person so offending, and being thereof convicted, shall suffer death. Stealing, al cords, where is avoided. 26. If any person or persons shall feloniously steal, take away, Ib. Sec. 23. alter, falsify, or otherwise avoid any record, writ, process, or other tering, and proceedings in any of the courts of this territory, by means whereof defacing reany judgment shall be reversed, made void, or not take effect; or if by judgment any person shall acknowledge, or procure to be acknowledged, in any of the courts aforesaid, any recognizance, bail, or judgment, in the name or names of any other person or persons, not privy or consenting to the same; every such person or persons, on conviction thereof, shall pay a fine not exceeding five hundred dollars, at the discretion of the jury; and may also, at the discretion of the court, receive thirty-nine lashes: Provided nevertheless, That this act shall not ex- Proviso. tend to the acknowledgment of any judgment or judgments by any attorney or attorneys duly admitted for any person or persons, against whom any such judgment or judgments shall be had or given. Altering re § 27. Every person who shall deface, alter, falsify, or embezzle b. Sec. 29. any record, enrolment, or matter, or instrument recorded, or registry cord with inthereof, with intent to defraud, shall, upon conviction thereof, pay a tent to define, not exceeding one thousand dollars, at the discretion of the jury, and be imprisoned a term not exceeding two years. fraud. subornation § 28. If any person or persons shall wilfully and corruptly com- Ib. Sec. 30. mit perjury, or shall by any means procure any person to commit Perjury and corrupt and wilful perjury, on his or her oath or affirmation, in any of perjury. suit, controversy, matter, or cause depending in any of the courts of this territory, or in any deposition or affidavit taken or made pursu ant to the laws of this territory; every person so offending, and being thereof convicted, shall pay a fine not exceeding three hundred dollars, at the discretion of the jury, and stand in the pillory two hours, and shall have thirty-nine lashes on the bare back, and be thereafter rendered incapable of giving testimony in any of the courts of this territory, until such time as the judgment against such offender be reversed. Concealment § 29. If any person having knowledge of the actual commission of r. Sec. 33. the crimes of wilful murder, rape, arson, robbery, burglary, or lar- of felony. ceny, shall conceal, and not as soon as may be, disclose and make known the same, to some of the judges, or other person or persons in civil authority, within this territory; on conviction thereof, such person or persons shall be adjudged guilty of misprision of felony, and shall pay a fine, not exceeding three hundred dollars, at the discretion of the jury; and may also, at the discretion of the court, receive any number of lashes, not exceeding thirty-nine. Obstructing 30. If any person or persons, shall knowingly or wilfully ob- Ib. Sec. 34. struct, resist, or oppose any officer of this territory, in serving or at- process. tempting to serve or execute any mesne process, or warrant, or any rule, or order of any of the courts of this territory, or any other legal or judicial writ or process whatsoever; or shall assault, beat, or wound any officer, or other person duly authorized, in serving or executing any writ, rule, order, process, or warrant aforesaid; every person so knowingly and wilfully offending in the premises, shall, on conviction thereof, be imprisoned not exceeding six months, and Ib. Sec. 35. Ib. Sec. 36. Conveying for breaking where the fined, not exceeding two hundred dollars, at the discretion of the jury trying such offender. 9 31. If any person or persons shall, by force, set at liberty, or rescue any person or persons, who shall be found guilty of any capital offence, or rescue any person convicted of any capital crime, going to execution, or during execution; every person so offending, and being thereof convicted, shall suffer death. And if any person or persons shall, by force, set at liberty or rescue any person or persons, who, before conviction, shall stand committed for any capital offence; or if any person or persons shall, by force, set at liberty or rescue any person committed for, or convicted of any other offence; every person so offending, shall, on conviction thereof, be fined not exceed ing three hundred dollars, at the discretion of a jury; and be imprisoned not exceeding nine months. § 32. If any person or persons shall directly or indirectly, by any to prisoner ways or means howsoever, without the knowledge or privity of the instruments keeper, convey any instrument, tool, or other thing whatsoever, to any prison. prisoner, or into any prison, whereby any prisoner might break the prison, or work himself or herself unlawfully out of the same; every person so offending, shall forfeit and pay such fine as by the direction of the court shall be imposed, not exceeding one hundred dollars, according to the nature of the cause of the prisoner's commitment; or suffer such corporal punishment, not exceeding forty stripes, as the court shall inflict. And if it shall so happen, that any prisoner shall Punishment, make his or her escape, by means of any instrument, or tool, or other prisoner ac. thing, conveyed without the knowledge and privity of the keeper; the person so conveying the same, shall be liable to pay all such sums of money, for which the prisoner stood committed, if on civil process; and shall also have inflicted upon him or her, all such punishment, to which the escaped prisoner would be liable, if a criminal, and had been convicted of the charge for which he or she had been committed; unless such prisoner would be liable to capital punishment; in which case, the person assisting in such escape, shall be punished by fine, imprisonment, whipping, pillory, or sitting on the gallows, with a rope about his or her neck; or any one or more of the said punishments, as the court having cognizance thereof, shall think proper to inflict. tually es capes. Ib. Sec. 37. Jailor suffer. to escape. § 33. If any jailer or prison-keeper shall voluntarily suffer any ing prisoner prisoner committed unto him to escape, he shall suffer and undergo the like pains, punishments, and penalties, as the prisoner so escaping should, or ought by law, to have suffered and undergone, for the crime or crimes wherewith he stood charged, if he had been convicted thereof. And if any jailer, or prison-keeper shall, through negligence, suffer any prisoner accused of any crime, to escape, he shall pay such fine as the justices of the court, before whom he is convicted, shall in their discretion inflict, according to the nature of the offence, for which the escaped prisoner stood committed. Provided nevertheProviso, in less, That if any person who may be committed for debt, shall violently escape from prison, without connivance of the sheriff or keeper, and the sheriff, jailer, or prison-keeper shall, within three months next after such escape, recover the prisoner so escaped, and re-commit him to prison; then the sheriff shall be liable to nothing further than the costs of such action or actions, as may have been commenced against him for such escape.1 case of debtors. 1 See "Escape." $34. If any person or persons, being married, shall again inter- 1b. Sec. 38. marry with any other person or persons, the former husband or wife Polygamy. being alive; he, she, or they so offending, shall, on conviction thereof, pay a fine not exceeding five hundred dollars, at the discretion of the jury, and be imprisoned a term not exceeding one year, and receive thirty-nine lashes on his or her bare back. Provided nevertheless, Proviso, in That this section shall not extend to any person or persons, whose years sépa husband or wife shall absent him or herself, one from the other, for ration, dithe space of five years, the one of them not knowing the other to be living within that time; nor to any person or persons who shall be, at the time of such marriage, divorced by competent authority; or to any person or persons, whose former marriage shall have been declared or rendered void by sentence of competent authority; or to any person or persons, for or by reason of any former marriage had or made within the age of consent. vorce, &c. Other offen. § 35. Every other felony, misdemeanor, or offence whatsoever, not Пb. Sec. 45. provided for by this, or some other act of the general assembly, shall be punished as heretofore by the common law. (1) 36. The manner of inflicting the punishment of death, shall be by hanging the person convicted, by the neck, until dead. ces to be punished as at common law. Ib. Sec. 50. Benefit of clergy. 37. Sentence of death shall in no case be pronounced against any b. Sec. 55. person or persons, convicted of either of the crimes hereinbefore mentioned, unless the punishment prescribed for the commission of such crimes, is declared to be death by this act; and all laws, customs, or usages relating to, or in any manner respecting the benefit of clergy, are hereby abrogated and made null, to all intents and purposes. Sec. 6. ing crimi. §38. Whosoever shall apprehend and take one or more persons, 1807.—(18) guilty of burglary, or of stealing any horse or mule, or of robbing in Reward for any highway or road in this territory, and shall prosecute him or apprehendthem, till he or they be convicted of any such offence, shall, for every nals. such offender so convicted, receive, within one month after such conviction and demand thereof made, a warrant on the territorial treasury for the sum of fifty dollars, which demand shall be accompanied by a certificate to the auditor of public accounts, from the court before whom such felon or felons shall be convicted. And in case any dispute should arise between the persons so apprehending any of the said thieves or robbers, touching their right to the said reward, then such court shall, by their said certificate, direct and appoint the said reward to be paid in such shares and proportions as to them shall seem just and reasonable. § 39. The person or persons so apprehending any offender, shall be r. Sec. 7. Testimony. competent to give testimony on the trial of such offender. Penalty for fender. § 40. No informer or plaintiff, other than the party aggrieved, shall b. Sec. 16. or may compound or agree with any person or persons, that shall of- composition fend, or that shall be surmised to offend any penal statute, for an with of offence committed, or pretended to be committed, but after answer made in court unto the information or suit, in that behalf exhibited or prosecuted; nor after answer, but by the order or consent of the court, in which the same information or suit shall be depending, on pain that whosoever shall offend in making composition, or other misdemeanor, contrary to the true intent and meaning of this provision, or shall by color or pretence of process, or without process, upon color or pre (1) In criminal cases, where not affected by statute, the common law of England is in force in this state, so far as is consistent with the spirit of our institutions: and although the common law punishment in some cases may be inapplicable, the offence may nevertheless be punished as a misdemeanor. The State v. Cawood et al., 2 Stewt. Rep. 360. 1811.-(8) Sec. 2. Marking or branding un marked and unbranded horse, &c. Ib. Sec. 3. mark or brand of any horse, &c. tence of any matter of offence against any penal law, make any composition, or take any money, reward, or promise of reward, for himself or to the use of any other, without order or consent of the court aforesaid, and shall be thereof convicted, shall stand on the pillory for any time not exceeding six hours, and forever be disabled to pursue, or be plaintiff or informer in any suit or information, upon any sta tute popular or penal, and shall also forfeit and pay into the territorial treasury any sum not exceeding forty dollars. § 41. If any person shall be convicted of having marked or branded, with his mark or brand, any unmarked, or unbranded horse, mare, colt, mule, ass, bull, cow, bullock, ox, steer, heifer, calf, hog, sheep, or goat, not being his or her own property, and without consent of the owner, the person so offending, shall forfeit and pay the sum of twenty dollars to the owner thereof, for every such animal so branded and marked, to be recovered by action of debt before any justice of the peace, or in any other court having cognizance thereof: Provided nevertheless, That if any person being in doubt as to the right of property, shall call in two of the neighbors next adjoining the range where such stock shall run, and in their presence, and with their approbation, mark and brand, or mark or brand, any such stock as aforesaid, he shall not be liable to the penalties contained in this section. § 42. Every person who shall be convicted by indictment, of alterdefacing the ing or defacing the mark or brand of any horse, mare, colt, mule, ass, bull, cow, ox, steer, bullock, heifer, calf, hog, sheep, or goat, not being his or her property, and without the consent of the owner, shall, for every such animal whose mark or brand shall have been so altered or defaced, forfeit and pay the value thereof, and also a fine of twenty dollars to the owner. 1812 (10) Sec. 2. Adultery cation. § 43. If any man and woman shall live together in adultery, or fornication, it shall be the duty of any justice of the peace of the and fornica county, in which said persons may live, if within their own knowledge, or upon information to them made on oath, that such man and woman do live in adultery, or fornication, to cause the said man and woman, or either of them, to be brought before him; and he shall bind them, or any one of them, over to appear at the next term of the superior court of their county, and the attorney-general shall prefer a bill of indictment against such person or persons, and upon conviction thereof, they shall pay a sum not less than one hundred dollars, to be assessed by a jury; which fines shall be paid into the county treasury of the county where the offence was committed, for county purposes. Ib. Sec. 3. surrection of Ib. Sec. 6. § 44. If any free person shall be aiding and assisting, or in any wise concerned with any slave or slaves, in any actual or meditated rebellion or conspiracy against the laws, government, or people of this territory, or shall in any manner advise, plot, or consult with any slave or slaves, for the purpose of encouraging, exciting, aiding, or assisting any such insurrection or rebellion, or intended insurrection or rebellion, such free person so offending, and being thereof convicted, shall suffer death. § 45. If any person or persons shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or shall willingly aid or assist in the false making, altering, forging, or counterfeiting, any letters patent, gift, grant, covenant, bond, writing obligatory, note of a bank of any one of the United States, or of any bank established by law in any one of the said states, or bank of any territory of the United States, or any bill, or order, or acceptance of such bill or order, cotton receipt, receipt for the payment of money, or other article of value, promissory note, bill of ex |