as to prevent such mother from being indicted and punished for the murder of such illegitimate child.

Mayhem consists in the unlawfully depriving a buman being of a member of his or her body, or disfiguring or rendering it useless. If any person shall unlawfully eut nt,

disable the tongue, put out an eye, slit the nose, ent or lip, or disable any limb or member of another, or shall voluntarily and purposely put out an eye or eyes, any such person shall be guilty of mayhem, and on conviction shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than three years; Provided, That no person shall be found guilty of mayhem, where the fact occurred during a fight had by coasent, nor unless it appear that the person accused shall have been the assailant, or that the party maimed had in good faith, endeavored to decline further combat. But in all other cases, where the fact shall happen in actual fight, the party accused being thereof duly convicted, shall be adjudged guilty of a high nisdemeanor, and punished by imprisonment in the penitentiary, not exceeding one year, and be fined not exceeding one thousand dollars.

SEC. 27. Rape is the carnal knowledge of a female, forcibly and against her will. Any male person of the age of fourteen years and upwards, who shall have carnal knowledge of any female child, under the age of ten years, either with or without her consent, shall be adjudged to be guilty of the crime of rape. Every person convicted of the crime of rape, shall be punished by confinement in the penitentiary, for a term not less than one year, and such imprisonment may extend to life.

Mayhem, definition of

Proviso.

Rape, now defiued.

Punis! mert.

SEC. 28. It shall not be necessary to prove emission to Emission. convict any person of the crime of rape; or the crime against

nature.

SEC. 29. The infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the penitentiary for a term not less than one year, and such imprisonment may extend to life.

Crime against

nature.

Punishment.

with

SEC. 30. Any assault is an unlawful attempt, coupled with a present ability to commit a violent injury on the person of another.

SEC. 31. An assault with an attempt to commit murder, mit murder, &c. rape, mayhem, robbery or larceny, shall subject the offender to a confinement in the penitentiary for a term not less than one year, nor more than fourteen years. An assault with a

Other assaults, deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall be adjudged to be a high misdemeanor, and any person thereof duly convicted, shall be fined in a sum not exceeding two thousand dollars, and imprisoned not exceeding one year in the county jail.

SEC. 32. Assault and battery is the unlawful beating

of another.

SEC. 33. False imprisonment is the unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority; any person convicted of false imprisonment shall be fined in any sam not exceeding five hundred dollars, or imprisoned not exceeding one year in the county jail.

or

SEC. 34. Kidnapping is the forcible abduction stealing away of a man, woman or child from his or her own county, and sending or taking him or her into another.

SEC. 35. Every person who shall forcibly steal, tako or arrest any man, woman or child, whether white, black or colored, in this territory, and carry him or her into another country, state or territory, or who shall forcibly take or arrest any person or persons whatsoever, with a design to take him or her out of this territory, without having established a claim according to the laws of the United States, shall upon conviction, be deemed guilty of kidnapping. Every person found guilty of kidnapping shall be confined in the penitentiary for a term not less than one year, and not more than seven years for each person kidnapped or attempted to be kidnapped.

TITLE IV.

Offenses against habitations and other Buildings.

SEC. 36. Every person who shall willfully and maliciously burn or cause to be burned any dwelling house, kitchen, office, shop, barn, stable, storehouse, warehouse, factory, mill, pottery or other building, the property of any other person, or any church, meeting house, school house, state house, court house, work house, jail, or other public building; or any boat or other water craft; or any bridge of the value of fifty dollars erected across any of the waters of this territory. Such persons so offending shall be deened guilty of arson, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a term not less than one year nor more than ten years; and should the life or lives of any person be lost in consequence of any such burning as aforesaid, such offender shall be deemel guilty of murder, and shall be indicted and punished accordingly.

SEC. 37. Every person who shall willfully and maliciously set fire to any of the buildings or other property described in the foregoing section with the intent to burn or destroy the same, shall be deemed guilty of a high misdomeanor, and upon conviction thereof shall be imprisoned in the penitentiary for a term not exceeding two years, and be fined in a sum not exceeding one thousand dollars.

SEC. 38. Every person who shall, in the night time, willfully and maliciously and forcibly break and enter, or willfully and maliciously without force (the door or any window being open) enter into any dwelling house, kitchen, office, shop, store house, ware house, malt house, stilling house, banking house, hotel, saloon, mill, pottery, factory, water craft, church or meeting house, with intent to commit murder, robbery, rape, mayhem, larceny, or other felony; or who being lawfully within any room or apartment of any of the buildings aforesaid, shall, with like intent, either with or without force, enter into any other room or apartment of the same building, shall be deemed guilty of burglary, and

upon conviction thereof, shall be punished by confinement in the penitentiary for a term not less than one year nor more than ten years.

TITLE V.

Offenses relative to property and Person.

SEC. 39. Robbery is the felonious and violent taking of money, goods or other valuable thing from the person of another by force or intimidation. Every person guilty of robbery, shall be punished by confinement in the penitentiary for a term not less than three years nor more than fourteen

years.

SEC. 40. If any person shall forcibly and by violence, or by putting in fear, take from the person of another any money, or personal property, of any value whatever, with intent to rob or steal, every persoa so offending shall be deemed guilty of robbery, and upon conviction thereof, shall be imprisoned in the penitentiary, or territorial prison, and kept at hard labor not more than fifteen, nor less than three years.

SEC. 41. If one person shall accuse another of a crime, with a view and intent to extort from such person any money, property or valuable thing, and shall by intimidating such person by such accusation or threat, extort from such person any money, property or valuable thing, the person so offending shall be deemed guilty of a felony, and being thereof convicted, shall pay a fine not exceeding oae thousand dollars, and be imprisoned in the penitentiary, or territorial prison not more than seven, nor less than one year.

SEC. 42. Larceny is the felonious stealing, taking and carrying, leading, riding or driving away the personal goods of another. Larceny shall embrace every theft which deprives another of his money or other personal property, or those means or muniments, by which the right and title to property, real or personal, may be ascertained. Private stealing from the person of another, and from a house in the day time, shall be deemed larceny. Larceny may also be committed by

feloniously taking and carrying away any bond, bill, note, receipt, or any instrument of writing of value to the owner. Every person convicted of larceny, shall be punished by confinement in the penitentiary for a term not less than one year, nor more than ten years.

SEC. 43. When the property taken is of the value of Grand larceny twenty-five dollars, or when taken from the person of another, of whatever value, or when taken from the sleeping apartment of another in the night time, of whatever value, shall be grand larceny. Larceny in other cases shall be petit larceny.

SEC. 44. Every person who shall be guilty of petit Petit larceny. larceny, shall be punished by a fine of not more than one

hundred dollars, nor less than five dollars, or by imprisonment Second offense. in the county jail not more than six months, nor less than one month, or both. In case of conviction of a second offense in the discretion of the court, justices of the peace shall have concurrent jurisdiction with the district court in all cases of petit larceny.

SEC. 45. Every person who for his own gain, or to prevent the owner from again possessing his property, shall buy or receive stolen goods, or anything, the stealing of which is declared to be larceny, or property obtained by robbery or burglary, knowing the same to have been so obtained, shail, upon conviction, be punished by confinement in the penitentiary for any term not less than one year, nor more than ten years; and every such person may be tried, convicted and punished, as well before as after the trial of the principal. No person convicted of larceny, or of buying or receiving goods, or other things obtained by larceny, burglary or robbery, shall be condemned to the penitentiary, unless the money or the value of the things stolen, bought or received, shall amount to five dollars.

[SEC. 45. All property obtained by larceny, robbery or burglary, shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his right to such property; such owner may

Amount ol ve dollars.

Restoration of property.