shall be lawful for the sheriff of the county in which the convict may be imprisoned, if the district 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. This act shall extend to all crimes committed be§ 1053. yond 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. Felony: penalty. $ 1054. When a criminal is found guilty in the district $ 1055. When a criminal is found guilty in any of the courts of this territory of any crime which is not a felony, for which no punishment has been prescribed by law, the said criminal shall be punished by a fine not exceeding two hundred dollars or by imprisonment in the county jail for a period not exceeding three months, or both at the discretion of the court. L. 1872, chap. 31, § Misdemeanors; penalty. Id. § 2. Lashes abolished $1056. Lashes, as a punishment for criminals, are hereby as punishment. forever abolished in this territory. § 1057. Whenever any person under the age of sixteen years is convicted of an offense punishable by imprisonment in the territorial prison, the court before whom such conviction was had may, in its discretion, sentence the person so convicted to imprisonment in the county jail of the county in which such conviction was had: Provided, That such term of imprisonment does not exceed the term of one year. FINES, DISPOSITION OF. L. 1870, chap. 26. § 1: Jan. 24. Tr. Convict under sixteen years of age of may be sent to counpenitentiary. ty jail instead C. 72. L. 89. § 1; Feb. 20. Fines shall be for use of county. $ 1058. All fines imposed by justices of the peace and in the district courts shall be for the use of the county within which the offense for which the fine shall be imposed was committed, and all sums paid for fines shall be paid into the treas- Feb. 15. ury of the county entitled to the same. § 1059. The sheriff of each county shall make a report to the district court on the last day of each term thereof, of all fines placed in his hands for collection during said term, stating whether collected or not, with the cause of failure to collect where uncollected, or whether in money or the class of warrants receivable therefor by law. Within five days thereafter the sheriff shall pay over all such fines collected to the treasurer of the county of which he is sheriff. L. 1878, chap. 13, Fines, collection to be reported. L. 1882: chap. 21. § 1: March 2. § 1060. 1100 Murder is the unlawful killing of a human being, with malice aforethought, either express or implied. The unlawful killing may be effected by any of the various means by which death may be occasioned. § 1061. Express malice is that deliberate intention, unlawfully to take away the life of a fellow creature which is manifested by external circumstances capable of proof. § 1062. Malice shall be implied when no considerable provocation appears, or when all circumstances of the killing show a wicked and malignant heart. § 1063. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any kind of willful, deliberate and premeditated killing, or which is committed in the perpetration of or attempt to perpetrate any felony, or perpetrated from a deliberate and premeditated design unlawfully and maliciously to effect the death of any human being, or perpetrated by any act greatly dangerous to the lives of others, and indicating a depraved mind regardless of human life, shall be deemed murder in the first degree. § 1064. All murder which shall be perpetrated without a design to effect death, by a person while engaged in the commission of a misdemeanor, or which shall be perpetrated in the heat of passion without design to effect death, but in a cruel and unusual manner, or by means of a dangerous weapon, unless it is committed under such circumstances as constitute excusable or justifiable homicide, or which shall be perpetrated unnecessarily, either while resisting an attempt. by the person killed to commit any offense against person or property, or after such attempt shall have failed, shall be deemed murder in the second degree. § 1065. Every killing of a human being by the act, procurement or culpable negligence of another, which under the provisions of this act is not murder in the first or second degrees, and which is not excusable or justifiable homicide as now defined by law, shall be deemed murder in the third degree. § 1066. Every person convicted of murder in the first degree, shall be punished by death; every person convicted of murder in the second degree shall be punished by imprisonment in the territorial penitentiary for any period of time not less than three years; every person convicted of murder in the third degree shall be punished by imprisonment in the territorial penitentiary for a period of time not less than one year nor more than ten years. Territory vs. Romero, vol. 2. page 174, N. M. Rep. C. 80. L 91, § 6: Feb. 26. Murder: how punished. Id. § 7. Death, by hanging. $ 1067. 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 the sentence §6; Sept. 22, 1840. was pronounced. C. L. 1865, chap. 48, Homicide able; when. justifi § 1068. Such homicide is justifiable when committed by public officers, and those acting by their command in their aid and assistance, either in obedience to any judgment of any competent court, or when necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or when necessarily committed in retaking felons who have been rescued, or who have escaped, or when necessarily committed in arrest- § 4; Sept. 22, 1846. ing felons fleeing from justice. 1069. Such homicide is also justifiable when committed by any person in either of the following cases: First. When resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person shall be. Second. When committed in the lawful defense of such person, or of his or her husband, wife, parent, brother, child, master, mistress, or servant, when there shall be reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and there shall be imminent danger of such design being accomplished; and Third. When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed: or lawfully suppressing any riot; or in lawfully keeping and preserving the peace. § 1070. Such homicide is excusable when committed by accident or misfortune, in lawfully correcting a child, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation; or upon sudden combat, without any undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner. § 1071. Whenever it shall appear to the jury, on the trial of any person for murder, that the alleged homicide was committed under circumstances or in cases when by the law such homicide was justifiable or excusable, the jury shall render a verdict of not guilty. C. L. 1865. chap. 31: Homicide able; when. jutifi Id. § 5. Homicide able; when. Id. § 6. excus Not guilty; when. Id. § 7. § 1072. Every person deliberately assisting another in the commission of self-murder, shall be deemed guilty of murder in the third degree. 1073. The willful killing of an unborn infant child, by any injury to the mother of said child, which would be murder if it resulted in the death of such mother, shall be deemed murder in the third degree. § 1074. Every person who shall administer to any woman pregnant with a quick child, any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, and shall have been advised by a physician to be necessary for such purpose, shall, in case the death of such child or such mother be thereby produced, be deemed guilty of murder in the third degree. § 1075. If any physician, while in a state of intoxication, shall, without design to effect death, administer any poison, drug or medicine, or do any other act to another person which shall produce the death of such other, he shall be deemed guilty of murder in the third degree. $1076. Any person who kills another who is in the act of having carnal knowledge of such person's legal wife, shall be deemed justifiable: Provided, That said husband and wife are not living separate but together as man and wife. Any person who shall kill another in the necessary defense of his life or property, or in the legal defense of any illegal proceedings against his wife or family, or to prevent a great personal shame, or against himself, shall be adjudged not guilty. $ 1077. Every person who shall, by previous engagement or appointment, fight a duel within the jurisdiction of this territory, and in so doing shall inflict a wound upon any person, whereof the person so injured shall die, shall be deemed guilty of murder in the second degree. § 1078. Every person who shall be the second of either party in such duel, as is mentioned in the preceding section, and shall be present when such wound shall be inflicted, whereof death shall ensue, shall be deemed to be an accessory before the fact to the crime of murder in the fifth [third] degree. § 1079. Every person who shall engage in a duel with any deadly weapon, although no homicide ensues, or shall challenge another to fight such duel, or shall send or deliver any written or verbal message purporting or intending to be such challenge, although no duel ensues, shall be punished by imprisonment in the county jail or territorial prison not less than one year, or shall be fined in any sum not less than two hundred dollars nor more than one thousand dollars. § 1080. Every person who shall accept such challenge, or who shall knowingly carry or deliver any such challenge or message, whether a duel ensues or not; and every person who shall be present at the fighting of a duel with deadly weapons, as an aid, or second, or surgeon, or who shall advise, or encourage, or promote such duel, shall pay a fine of not less than five hundred dollars nor more than one thousand dollars. C. L. 1865, C. 51, 23; Sept. 22, 1846. Dueling: posting for refusal to en § 1081. If any person shall post another, or in writing, or in print, shall use any reproachful and contemptuous lan- gage in: penalty. guage to or concerning another, for not fighting a duel, or for not sending or accepting a challenge, he shall be fined in a sum of not less than two hundred dollars, nor more than one thousand dollars. § 1082. If any person, if it is not done by a husband in accordance with section one thousand and eighty-five, with malicious intent to maim or disfigure, shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut or slit or mutilate the nose or lip, or cut off or disable a limb or member of any person, or commit any other great bodily injury, every such offender and every such person privy to such intent, who shall be present aiding in the commission of such offense, shall be punished by imprisonment in the county jail or territorial prison, not more than five years, nor less than one year, or by fine not exceeding two thousand dollars, nor less than one hundred dollars. $ 1083. If any person shall assault another, with intent to murder, or to maim, or to disfigure, or injure his person, in any of the ways mentioned in the next preceding section, he shall be punished by imprisonment in the county jail or territorial prison, not more than five years, nor less than one year, or by fine not exceeding one thousand dollars, nor less than fifty dollars. Territory vs. Sevailles, vol. 1, page 119, N. M. Rep. § 1084. If any person shall attempt to commit the crime of murder, by poisoning, drowning, or strangling another person, or by any means, not constituting an assault with intent to murder, such offender shall be punished by imprisonment in the county jail or territorial prison, not more than ten years, nor less than one year. § 1085. If any person shall assault another, and shall feloniously rob, steal, and take from his person any money or other property, which may be the subject of larceny, such robber being armed with a dangerous weapon with intent, if resisted, to kill or maim the person robbed, or if being so armed he shall wound or strike the person robbed, he shall be punished by imprisonment in the county jail or territorial prison, not more than ten years, nor less than three years. Territory vs. Abeita, Vol. 1, page 545, N. M. Rep. Id. § 24. Mutilating and aiding in; penalty. Id. § 25. Assault to mutilate; penalty. Id § 26. Murder: attempt to; penalty. Id. § 27. Assault and robbery. See sec. 1188. Id. § 28. Assault with intent § 1086. If any person being armed with a dangerous weap to rob on, shall assault another with intent to rob, he shall be punished by imprisonment in the county jail or territorial prison, not more than five years, nor less than one year. § 1087. If any person shall by force and violence, or by assault and putting in fear, feloniously rob, steal, and take from the person of another, any money or other property which may be the subject of larceny, such robber not being armed with a dangerous weapon, he shall be punished by imprisonment in the county jail or territorial prison, not more than three years, nor less than one year. See sec. 1188. Robbery by violence: penalty. See 1188. Id. § 30. infra. sec. |