nicating a libel, or causing the same to be delivered, sold, read or otherwise communicated, to one or more persons, or to the party libeled, is a publication thereof. the law and the or unwholesome punished. SEC. 266. In all indictments or prosecutions for libel, the Jury determines jury, after having received the direction of the court, shall have fact. the right to determine, at their discretion, the law and the fact. SEC. 267. That if any person shall knowingly sell any kind of Selling diseased diseased, corrupt or unwholesome provisions, whether for meat or but notice, how drink, without making the same fully known to the buyer, he shall be punished by imprisonment in the county jail, not more than six months, or by fine, not exceeding one hundred dollars. SEC. 268. If any person shall fraudulently adulterate, for the purpose of sale, any substance intended for food, or any wine, or malt liquors, spirit, malt liquor, or other liquor intended for drinking, with any substance injurious to health, he shall be punished by imprisonment in the county jail, not more than one year, or by fine, not exceeding three hundred dollars, and the articles so adulterated shall be forfeited and destroyed. SEC. 269. If any person shall fraudulently adulterate, for the purpose of sale, any drug or medicine, in such a manner as to render the same injurious to health, he shall be punished by imprisonment in the county jail, not more than one year, or by fine, not exceeding three hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed. SEO. 270. If any person shall inoculate himself or any other person, or shall suffer himself to be inoculated with the small-pox, within this Territory, with intent to cause the prevalence or spread of this infectious disease, he shall [be] punished by imprisonment in the state prison, not more than three years, nor less than one year. SEC. 271. If any male person shall obtain illicit connection, under promise of marriage, with any female of good repute, under twenty-one years of age, he shall be adjudged guilty of a misdemeanor, and shall be punished by fine, not exceeding three thousand dollars, or by imprisonment in the penitentiary not exceeding two years, or both such fine and imprisonment; Provided, that the testimony of the woman alone shall not be sufficient [evidence] of a contract of marriage. General Provisions. Adulteration of food, wine, spirits punishment for. Adulteration of drugs punished by destroyed. Inoculation with small-pox with the disease, how punished. with female un- connection der twenty-one ished. attempt to com SEC. 272. Every person who shall attempt to commit an offense Punishment for prohibited by law, and, in such attempt, shall do any act towards mit offense. the commission of such offense, but shall fail in the perpetration 1 When attempts not indietable. Proceedings against persons other state, &c. thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, shall, in cases where no provision is made by law for the punishment of such attempt, be punished as follows, First, If the offense attempted to be committed be such. as is punishable by the death of the offender, the person convicted of such attempt, shall be punished by confinement and hard labor not exceeding ten years: Second, If the offense so attempted, be punishable by confinement and hard labor, the person convicted of such attempt shall be punished by confinement and hard labor for a term not exceeding one-half of the longest time of imprisonment prescribed upon a conviction for the offense so attempted: Third, If the offense, so attempted, be punishable either by confinement and hard labor, or in a county jail, the person so convicted of such attempt, shall be punished by imprisonment in the county jail, not exceeding one year nor less than two months: Fourth, If the offense, so attempted, be punishable by imprisonment in the county jail and fine, the offender, convicted of such attempt, may be punished by both imprisonment and fine, or either, not exceeding one-half the longest time of imprisonment, and one-half of the greatest fine which may be imposed upon a conviction for the offense so attempted: Fifth, If the offense attempted be punishable by fine only, the offender, convicted of such attempt, shall be liable to a fine, not exceeding one-half of the greatest fine which may be imposed upon a conviction of the offense so attempted. SEC. 273. No person shall be convicted of an assault with intent to commit a crime, or of any other attempt to commit any offense, when it shall appear that the crime intended or the offense attempted was perpetrated by such person at the time of such assault or in pursuance of such attempt. SEO. 274. Every person who shall steal or obtain by robbery tealing in on the property of another, in any other Territory, State or country, and shall bring the same into this Territory, may be convicted and punished for larceny in the same manner as if such property had been feloniously stolen or taken within this Territory; and in any such cases, the larceny may be charged to have been committed, and may be indicted and punished in any county into or through which such stolen property shall have been brought. What defendant may plead in his defense. SEO. 275. Every person, prosecuted under the last section, may plead a former conviction or acquittal for the same offense in another Territory, State or country; and if such plea be admitted or established, it shall be a bar to any other or further proceedings against such person. principals in the second degree and accessories before the fact. SEC. 276. Every person who shall be a principal in the second Punishment of degree in the commission of any felony, or who shall be an accessory to any murder or other felony before the fact, shall, upon conviction, be adjudged guilty of the offense in the same degree, and be punished in the same manner, as herein prescribed with respect to the principal in the first degree. who deemed se cessories after the fact, and how punished. second offenses. SEC. 277. Every person who shall be convicted of having concealed any offender after the commission of any felony, or of having given to such offender any other aid, knowing that he has committed a felony, with the intent and in order that he may escape or avoid arrest, trial, conviction or punishment, and no other, shall be deemed an accessory after the fact, and, upon conviction, shall be punished by confinement and hard labor, not exceeding five years, or in the county jail, not exceeding one year nor less than six months, or by fine, not less than four hundred dollars, or by both a fine, not less than one hundred dollars, and imprisonment in a county jail, not less than three months. SEC. 278. If any person, convicted of any offense punishable Punishment for by confinement and hard labor, or of petit larceny, or of any attempt to commit an offense which, if perpetrated, would be punishable by confinement and hard labor, shall be discharged either upon pardon or upon compliance with the sentence, and shall subsequently be convicted of any offense committed after such pardon or discharge, he shall be punished as follows: First, If such subsequent offense be such that, upon a first conviction, the offender would be punishable by confinement and hard labor for life, or for a term which, under this act, might extend to confinement for life, then such person shall be punished by confinement and hard labor for life: Second, If such subsequent offense be such that, upon a first conviction, the offender would be punishable by imprisonment for a limited term of years, then such person shall be punished by confinement and hard labor for the longest term prescribed upon a conviction for such first offense: Third, If such subsequent conviction be for petit larceny, or for an attempt to commit an offense which, if perpetrated, would be punishable by confinement and hard labor, the person convicted of such subsequent offense shall be punished by confinement and hard labor for a term not exceeding five years. States, liable to punishment for second conviction SEC. 279. Every person who shall have been convicted in any Convicts in other of the United States, or in any district or Territory thereof, or in a foreign country, of an offense which, if committed in this Territory, would be punishable by the laws of this Territory, by Sentence of persona convicted of fenses. confinement and hard labor, shall, upon conviction for any subsequent offense within this Territory, be subject to the punishment herein prescribed upon subsequent convictions, in the same manner and to the same extent as if such first conviction had taken place in a court of this Territory. SEC. 280. When any person shall be convicted of two or more two or more of- offences, before sentence shall have been pronounced upon him for either offense, the imprisonment to which he shall be sentenced upon the second or other subsequent conviction shall commence at the termination of the term of imprisonment to which he shall be adjudged upon prior convictions. When imprisonment may extend to lifetime: never to be less than one year. No fine imposed when prisoner is ment. SEC. 281. Whenever any offender is declared by law punishable, upon conviction, by confinement and hard labor for a term not less than any specified number of years, and no limit to the duration of such imprisonment or confinement is declared, the offender may be sentenced to imprisonment during his natural life, or for any number of years not less than such as are prescribed; but no person shall, in any case, be sentenced to confinement and hard labor for any term less than one year. SEC. 282. Whenever any offender is declared by law punishsent to confine- able, upon conviction, by confinement and hard labor, or by imprisonment in a county jail, or by fine, or by both such fine and imprisonment, it shall not be construed to authorize the imposition of a fine where the offender is sentenced to confinement and hard labor. Punishment lim ited in certain vision. SEC. 283. Whenever any offender is declared by law punishcan. New pro- able, upon conviction, by confinement and hard labor, or by imprisonment in a county jail, or by fine, or by both such fine and imprisonment, and no limit is fixed by law to the duration of imprisonment in the jail or to the fine, in such cases the convict shall, in no instance, be sentenced to a longer term of imprisonment in a county jail than twelve months, nor shall the fine, in any such case, exceed one thousand dollars. Misdemeanors, how punished when no other punishment is prosoribed. Defendant may be nonvicted of a SEC. 284. Whenever any offense is declared by statute to be a misdemeanor, and no punishment is prescribed by that or any other statute, the offender shall be punished by imprisonment in a county jail not exceeding one year, or by fine not exceeding two hundred dollars, or by both such fine and imprisonment. SEC. 285. Upon indictment for any offense consisting of diflena degree of the ferent degrees, as prescribed by this act, the jury may find the adonse charged. accused not guilty of the offense charged in the indictment, and may find him guilty of any degree of such offense inferior to that charged in the indictment, or of an attempt to commit such offense. SEC. 286. Upon conviction for any offense punishable by imprisonment in a county jail, in relation to which no fine is by law prescribed, a fine may be imposed upon the offender, not exceeding one hundred dollars. When none is prescribed, fine may be imposed by court. to a prosecution fense and every inferior degree or thereof. SEC. 287. When a defendant shall be acquitted or convicted Acquittal is a bar upon any indictment for any offense consisting of different de- for the same ofgrees, as specified in this act, he shall not thereafter be tried convicted of a different degree of the same offense, nor for an attempt to commit the offense charged in the indictment or any degree thereof, provided he could have been legally convicted of such degree of offense or attempt to commit the same, under the first indictment. may be tried SEC. 288. When a defendant shall have been acquitted of a when defendant criminal charge, upon trial, on the ground of variance between again, when not. the indictment and the proof, or upon any exceptions to the form or substance of the indictment, or where he shall be convicted, but the judgment shall for any cause be arrested, he may be tried and convicted on a subsequent indictment for the same offense, or any degree thereof. pleaded in bar, SEC. 289. When a defendant shall have been acquitted upon Acquittal may be a trial, on the merits and facts, and not on any ground stated in when. the last section, he may plead such acquittal in bar to any subsequent accusation for the same offense, notwithstanding any defect in form or substance in the indictment upon which such acquittal was had. sentenced to SEC. 290. Whenever any person, under the age of sixteen Minor convicts years, shall be convicted of any felony, he shall be sentenced to county jail. imprisonment in a county jail, not exceeding one year, instead of confinement and hard labor, as prescribed by the preceding provisions of this act. pended during imprisonment. SEC. 291. A sentence of confinement and hard labor, for a civil rights susterm less than life, suspends all civil rights of the person so sentenced during the term thereof, and forfeits all public offices and trusts, authority and power; and a person sentenced to such confinement for life, shall thereafter be deemed civilly dead. SEC. 292. The person of a convict, sentenced to confinement and hard labor, is under the protection of the law, and any injury to his person, not authorized by law, shall be punishable in the same manner as if he was not sentenced or convicted. Persons of confrom injury, &e. viets protected |