SEC. 141. If any person shall knowingly have, keep, or use any false or fraudulent scales or weights for weighing gold, or gold dust, every person so offending shall be fined in any sum not exceeding one thousand dollars nor less than one hundred dollars, or imprisoned not more than one year, or both, at the discretion of the

court.

SEC. 142 If any owner, manager, or agent, of any species of quartz mill, arastra furnace or cupell, employed in extracting gold from quartz, pyrites, or other minerals, who shall neglect or refuse to account for, or pay over and deliver all the proceeds thereof to the owner of such quartz, pyrites, or other minerals, excepting such portion of said proceeds as he is entitled to in return for his services, he shall, on conviction, be fined in any sum not exceeding one thousand dollars, or imprisoned not more than one year, or both, at the discretion of the court, for each such offence.

CHAPTER XII.

FRAUDULENT AND MALICIOUS MISCHIEF.

SEC. 143. Every person who shall wilfully administer any poison to any cattle or domestic animal, or maliciously expose any poisonous substance, with intent that the same shall be taken or swallowed by any cattle or domestic animal, shall, upon conviction, be punished by imprisonment in the Territorial prison not less than one year nor exceeding three years, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

SEC. 144. Every person who shall maliciously kill, maim, or wound, any horse, ox, or other domestic animal, belonging to another. or shall maliciously or cruelly beat or torture any such animal, whether belonging to himself or another, shall, upon conviction, be punished by fine not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. And every person who shall wilfully, unlawfully. and maliciously destroy, burn, cut, or otherwise injure any goods, chattels, or other property, of any description whatever, belonging to another, shall, upon conviction, be punished by fine not less than five hundred dollars, or by imprison

ment in the county jail not exceeding six months, or by both such fine and imprisonment.

SEC. 145. Every person who shall maliciously, unlawfully, and wilfully break, destroy, or injure the door or window of any dwelling-house, shop, store, or other house or building, or sever therefrom any gate, fence, or inclosure, or any part thereof, or any material of which it is formed, or sever from the freehold any produce thereof, or anything attached thereto, or pull down, injure, or destroy any gate-post, railing or fence, or any part thereof, or cut down, lap, girdle, or otherwise injure or destroy any fruit or ornamental or shade tree, being the property of another, shall, on conviction, be fined not more than two hundred dollars, or imprisoned in the county jail not exceeding six months.

SEC. 146. Every person who shall wilfully and maliciously burn or injure any pile or raft of wood, plank, boards, or other lumber, or any part thereof, or cut loose, or set adrift any such raft, or part thereof, or shall cut, break, injure, sink, or set adrift, any boat, canoe, skiff, or other vessel or water craft, being the property of another, shall, on conviction thereof, be punished by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months.

SEC. 147. Every person who shall wilfully and maliciously cut, break, injure, or destroy any bridge, milldam, canal, flume, aqueduct, reservoir, or other structure erected to create hydraulic power, or to conduct water for mining, manufacturing, or agricultural purposes, or any embankment necessary to the same, or either of them; or shall wilfully or maliciously make, or cause to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, or structure, with intent to injure or destroy the same, shall, on conviction thereof, be fined in any sum not more than one thousand dollars, or imprisoned in the Territorial prison not less than one year, nor more than two years, or both such fine and imprisonment.

SEC. 148. If any person shall wilfully and intentionally break down, pull down, or otherwise destroy or injure, in whole or in part, any public jail, or other place of confinement, every person so offending shall, on conviction, be fined in any sum not exceeding ten thousand dollars, nor less than the value of said jail, or other place of confinement so destroyed, or of such injury as may have

been done thereto by such unlawful act, and be imprisoned in the Territorial prison for any term not exceeding five years nor less than one year.

SEC. 149. If any person or persons shall wilfully and intentionally, or negligently or carelessly set on fire, or cause or procure to be set on fire, any wood, prairie, grass, or other land or ground in this Territory, every person so offending shall, on conviction before any court of competent jurisdiction, be fined in any sum not less than two hundred nor more than one thousand dollars, or be imprisoned in the county jail not less than ten days nor more than six months, or both such fine and imprisonment, in the discretion of the jury trying the case: Provided, That this section shall not extend to any person or persons who shall set on fire any wood, prairie, grass, or other lands adjoining to their own farm, house, plantation, or inclosure, for the necessary preservation thereof from accident or injury by fire, by giving to his, her, or their neighbors reasonable notice of such intention.

CHAPTER XIII.

MISCELLANEOUS OFFENCES.

SEC. 150. If any person or persons, association, company, or corporation, shall make, issue, or put in circulatlon, any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as money, the said person or persons, association, company or corporation, or the person or persons forming the same, shall, for the first offence, be deemed guilty of a misdemeanor, and for each and every subsequent offence, be deemed guilty of a felony, and shall be punished as hereinafter provided. Any person or persons who shall, upon indictment, be convicted of having violated the provisions of this act, shall be punished, for the first offence, by imprisonment in the county jail, not more than three months, or by fine not exceeding two thousand dollars, or by both such fine and imprisonment; and for the second, and every subsequent offence, shall be punished by imprisonment in the Territorial prison for a term not less than one year, nor more than five years, at the discretion of the court before whom such person or persons may be tried and convicted. It shall be the duty of the district attorney

for each judicial district in the Territory, to prosecute all offences against this act,; and it shall be the duty of the judges of the courts to give this law in the charge of the grand jury, who shall inquire into and present all violations thereof.

SEC. 151. Any person or persons who shall vend by wholesale or retail, any spirituous or malt or vinous liquors, or any goods, wares or merchandise, within any county in this Territory, without first obtaining a license so to do, as required by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, be fined in any sum not less than twenty-five dollars nor more than two hundred dollars, for each and every offence. Any justice of the peace of the county in which such offence is charged to have been committed, shall have jurisdiction to try and determine the same. Upon the trial of any criminal action provided for by this act, the defendant shall be deemed not to have procured any such license, unless he prove the contrary to the satisfaction of the court or jury by whom the same. is tried. All fines collected under this act shall be paid into the treasury of the county in which the conviction is had.

CHAPTER XIV.

GENERAL PROVISIONS.

SEC. 152. All offences recognized by the common law as crimes and not here enumerated, shall be punished, in case of felony by imprisonment in the Territorial prison for a term not less than one year nor more than five years; and in case of misdemeanor by imprisonment in the county jail for a term not exceeding six months nor less than one month, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. And whenever any fine is imposed for any felony or misdemeanor, whether such be by statute or at common law, the party on whom the fine is imposed shall be committed to the county jail, when not sentenced to the Territorial prison, until the fine is paid; and he shall be imprisoned at the rate of one day for each two dollars until such fine is paid.

SEC. 153. Until a Territorial prison is provided, the county jail of each county shall be deemed the Territorial prison.

SEC. 154

A sentence of imprisonment in the Territorial prison for a term less than life, suspends all civil rights of the person so sentenced during the term of imprisonment, and forfeits all public offices and all private trusts, authority and powers; and the person sentenced to such imprisonment for life shall thereafter be deemed civilly dead.

SEC. 155. When the term "person" is used in this act to designate the party whose property may be the subject of any offence, such term shall be construed to include the United States, this Territory, or any other Territory or State government, or county, which may lawfully own any property within this Territory, and all public and private corporations, as well as individuals.

SEC. 156. The provisions of this act shall extend to females.

SEC. 157. When any intent to injure, defraud or cheat, is required by law to be shown, in order to constitute any offence, it shall be deemed sufficient if such intent be to injure, defraud or cheat, the United States, this Territory, or any other State, Territory, or county, or the government, or any public office thereof, or any county, city, or town, or any corporation, body politic, or private individual.

SEC. 158. If any person who has been sentenced to confinement in the Territorial prison by any court having competent authority within this Territory, shall escape therefrom, or shall be charged with murder, or the perpetration of any crime punishable with death, the governor is authorized, upon satisfactory evidence of the guilt of the accused, to offer a reward for his or her apprehension, which reward shall not exceed the sum of one thousand dollars, and shall be paid out of the Territorial treasury.

SEC. 159. Every person who shall attempt to commit a public offence, and in such attempt shall do any act toward the commission. of such offence, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, in cases where no provision is made by law for the punish-ment of such attempt, be punished as follows: First, If the offence so attempted to be committed be such as is punishable by death, or by imprisonment in the Territorial prison for a term which may extend to life, the person convicted of such attempt shall be punished by imprisonment in the Territorial prison not exceeding ten

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