Taking a woman with intent to compel her to marry, &c. Taking a female under eighteen years from parents, &c. Mayhem, &c., punishment for. Assault with deadly weapon labor, for a term of not less than five years nor more than twentyone years. SEC. 29. Every person who shall take any woman, unlawfully, against her will, with intent to compel her by force, menace or duress, to marry him, or to marry any other person, or to be defiled, upon conviction thereof, shall be punished by confinement and hard labor not less than five years nor more than twenty-one years. SEC. 30. Every person who shall take away any female, under the age of eighteen years, from her father, mother, guardian or other person having legal charge of her person, without their consent, either for the purpose of prostitution or concubinage, shall, upon conviction thereof, be punished by confinement and hard labor, for a term not exceeding five years. SEC. 31. Every person who shall, on purpose and of malice aforethought, cut or bite off the ear, or cut or disable the tongue, put out an eye, or slit, cut or bite off the nose or lip, or shall cut off or disable any limb or member of any person, with intent to kill, maim or disfigure such person, shall, on conviction, be punished by confinement and hard labor for a term not less than five nor exceeding ten years. SEC. 32. Every person who shall, on purpose and of malice punishment for. aforethought, shoot at or stab another, or assault or beat another with a deadly weapon, or by any other means or force likely to produce death or great bodily harm, with intent to kill, maim, ravish or rob such person, or in the attempt to commit any burglary or other felony, or in resisting the execution of legal process, shall be punished by confinement and hard labor for a term not exceeding ten years. Administering poison with in ishment for. SEC. 33. Every person who shall administer to another, ditant to kill-pun- rectly or indirectly, any poison or any poisonous substance or liquid, or shall mingle poison with any food, drink or medicine, with intent to kill such person, which shall be actually taken by such person or another, whereof death shall not ensue, shall be punished by confinement and hard labor, not less than five nor more than ten years. Wingling poison with food, drink, 10, Assault with in tent to commit a felony. SEC. 34. Every person who shall mingle any poison with any food, drink or medicine, with intent to kill or injure any human being, or who shall wilfully poison any spring, well or reservoir of water, shall, upon conviction, be punished by confinement and hard labor, not less than five years nor more than ten years. SEO. 35. Every person who shall be convicted of an assault, with an intent to commit any robbery, rape, burglary, man slaughter or other felony, the punishment for which assault is not hereinbefore prescribed, shall be punished by confinement and hard labor not exceeding five years, or by imprisonment in the county jail not less than six months, or by fine not less than five hundred dollars, or by both a fine, not less than one hundred dollars, and imprisonment in the county jail, not less than three months. SEC. 36. If any person shall be maimed, wounded or disfigured, or receive great bodily harm, or his life be endangered by the act, procurement or culpable negligence of another, in cases and under circumstances which would constitute murder or manslaughter, if death had ensued, the person by whose act, procurement or negligence, such injury or danger of life shall be occasioned, shall, in cases not otherwise provided for, be punished by confinement and hard labor, not exceeding five years, or in a county jail, not less than six months, or by fine not less than five hundred dollars, or by both a fine not less than one hundred dollars, and imprisonment in a county jail, not less than three months. Persons by whose how punished. act great bodily harm is done struments used to SEC. 37. Every physician or other person who shall wilfully Medicines or inadminister to any pregnant woman any medicine, drug or sub- produce abortion. stance whatsoever, or shall use or employ any instrument or means whatsoever, with intent thereby to procure abortion or the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, or shall have been advised by a physician to be necessary for that purpose, shall, upon conviction, be adjudged guilty of a misdemeanor, and punished by imprisonment in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. punishment for. SEC. 38. Every person who shall, without lawful authority, Kidnapping, etc., forcibly seize and confine, or shall inveigle, decoy or kidnap any other person with intent, First, To cause such person to be sent or taken out of the Territory, or to be secretly confined within the same against his will: or, Second, To cause such person to be sold as a slave, or in any way held to service against his will, shall, upon conviction, be punished by confinement and hard labor, not less than five nor more than ten years. punishment for. SEC. 39. Every person who shall kidnap, or forcibly or fraud- Kidnapping, etc., ulently carry or decoy out of this Territory, or shall sell, or in any manner transfer, as a slave or servant, any free person or persons entitled to freedom, so taken, decoyed or kidnapped, knowing such person to be free or entitled to freedom, shall, upon Where these offences may be tried. Decoying child under 12 years with intent to conceal, etc., punishment for. Exposing child with intent to abandon. Arson in the first degree. What shall be deemed a dwelling house. Setting fire to dwelling, &c., ar degree. conviction, be punished by confinement and hard labor for a term not less than five nor more than ten years. SEC. 40. Every offense prohibited in either of the last two sections, may be tried in the county through which the person so seized, inveigled, decoyed, kidnapped or sold, shall have been. taken, carried or brought. SEC. 41. Every person who shall maliciously, forcibly or fraudulently lead, take or carry away, or decoy, or entice away any child under the age of twelve years, with intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child, shall, upon conviction, be punished by confinement and hard labor, not exceeding five years, or imprisonment in the county jail, not less than six months, or by fine, not less than five hundred dollars. SEC. 42. If any father or mother of any child, or any person to whom such child shall have been confided, shall expose such child in a street, field or other place, with intent wholly to abandon it, he or she shall, upon conviction, be punished by confinement and hard labor not exceeding five years, or in the county jail, not less than six months. SEC. 43. Every person who shall set fire to or burn, in the night time, any dwelling house in which there shall be at the time some human being, or who shall wilfully set fire to or burn, in the night time, any boat or vessel in which there shall be at the time some human being, shall, upon conviction, be adjudged guilty of arson in the first degree. SEC. 44. Every house, prison, jail or other edifice, which shall have been usually occupied by persons lodging therein at night, shall be deemed a dwelling house of any person having charge thereof, or so lodging therein; but no warehouse, barn, shed or other out house, shall be deemed a dwelling house, or part of a dwelling house, within the meaning of this or the last section, unless the same be joined to or immediately connected with, and part of a dwelling house. SEC. 45. Every person who shall wilfully set fire to or burn, on in the second in the day time, any inhabited dwelling house, boat or vessel, which, if done in the night time, would be arson in the first degree, shall, upon conviction, be adjudged guilty of arson in the second degree. Setting fire to warehouse, &c., arson in the second degree. SEO. 46. Every person who shall wilfully set fire to or burn, in the night time, any shop, warehouse, office, storehouse or other building, not being the subject of arson in the first degree, but adjoining to or within the curtilage of any inhabited dwelling house, so that such dwelling house shall be endangered by such firing, shall, upon conviction, be adjudged guilty of arson in the second degree. Setting fire to or in which public burning building records are kept, &c. SEC. 47. Every person who shall wilfully set fire to or burn, in the night time, any building, in which shall be kept or deposited at the time, any records, or the papers of any public officer, shall, on conviction, be adjudged guilty of arson in the second degree. SEC. 48. Every person who shall wilfully set fire to or burn, Arson in the third in the day time, any shop, warehouse or other building, which, if done in the night time, would be arson in the second degree, shall, on conviction, be adjudged guilty of arson in the third degree. SEC. 49. Every person who shall wilfully set fire to or burn, in the night time, any house, building, barn, stable, boat or vessel of another, or any house of public worship, college, academy or school house, or building used as such, or any public building belonging to the United States or this Territory, or to any county, city, town or village, not the subject of arson in the first or second degree, shall, on conviction, be adjudged guilty of arson in the third degree. SEC. 50. Every person who shall wilfully set fire to or burn, in the night time, any brewery, distillery, grist mill, paper mill, fulling mill, saw mill, carding machine or other machinery for manufacturing purposes, or any building containing the same, or erected or used as a manufactory, shall, on conviction, be adjudged guilty of arson in the third degree. SEC. 51. Every person who shall burn any building, boat or vessel, or any goods, wares or merchandise, or other chattels, which shall, at the time, be insured against loss or damage by fire, with intent to defraud or prejudice the insurer, whether the same be the property of such person or any other, shall be, upon conviction, adjudged guilty of arson in the third degree. degree. Setting fire to or burning barn or stable, etc., in the night time, degree. arson in the third Setting fire to or burning brewery, etc., in night time arson in the third degree. Setting fire to or red, arson in burning vessel, etc., in the third degree. Arson in the SEC. 52. Every person who shall, in the day time, wilfully fourth degree. set fire to or burn any dwelling house or other building, or any machine, or any boat or vessel, which, if done in the night time, would be arson in the third degree, shall, upon conviction, be adjudged guilty of arson in the fourth degree. goods, wares, etc., in the day or night time, declared arson in SEC. 53. Every person who shall, in the day or night time, Setting fire to wilfully set fire to or burn any goods, wares, merchandise, or other chattels of another, not the subject of arson in the third the fourth degree, degree, or any stack of grain, of any kind, belonging to another, when. Punishment of arson. Burglary in the Breaking dwelling, etc., in day time, etc., burglary in the second degree. Breaking dwelling house in the night time, etc., burglary in the second degree. Entering dwel ling house by day tent, etc., and shall commit a or any grain, grass or herbage, growing or standing in the field, or any nursery or orchard of fruit trees, or any fence belonging to another, or any toll bridge or other public bridge, shall, on conviction, be adjudged guilty of arson in the fourth degree. SEC. 54. Every person who shall be convicted of any degree of arson, shall be punished, by confinement to hard labor, as follows: First, In the first degree, by confinement to hard labor, not less than ten years nor more than twenty-one years: Second, In the second degree, by confinement to hard labor, not less than seven nor exceeding ten years: Third, In the third degree, by confinement to hard labor, not less than five nor more than seven years: Fourth, In the fourth degree, by confinement to hard labor, not more than four years, or by imprisonment in the county jail, not less than six months. SEC. 55. Every person who shall be convicted of breaking into and entering, in the night time, the dwelling house of another, in which there shall be at the time some human being, with intent to commit some felony, or any larceny therein, either: First, By forcibly bursting or breaking the wall or any outer door, window, or shutter of a window of such house, or the lock or bolt of such door, or the fastening of such window or shutter: or, Second, By breaking, in any other manner, being armed with some dangerous weapon, or with the assistance and aid of one or more confederates, then actually present aiding and assisting: or, Third, By unlocking an outer door, by means of false keys or by picking the lock thereof, shall be adjudged guilty of burglary in the first degree. SEC. 56. Every person who shall be convicted of breaking into a dwelling house in the day time, under such circumstances as would have constituted the crime of burglary in the first degree if committed in the night time, shall be deemed guilty of burglary in the second degree. SEC. 57. Every person who shall be convicted of breaking into a dwelling house in the night time, with intent to commit a felony or any larceny, but under such circumstances as shall not constitute the offence of burglary in the first degree, shall be deemed guilty of burglary in the second degree. SEC. 58. Every person who shall enter into the dwelling house or night, with in- of another, by day or night, in such manner as not to constitute felony, burglary any burglary as hereinbefore specified, with intent to commit a felony or any larceny, or being in the dwelling house of another, shall commit a felony or any larceny, and shall, in the night in second degree. |