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any prisoner from the custody of any sheriff, deputy sheriff, coroner, constable, officer or other person who shall have the lawful custody of such prisoner; every person so offending shall, on conviction thereof, be fined not exceeding one thousand dollars, and imprisoned in the county jail not exceeding one year.

Officer sufering

SEC. 87. If any sheriff, coroner, jailor, keeper of a prison, constable or other officer or person whatever, having prisoner to escape any prisoner in his legal custody, before conviction, shall voluntarily suffer or permit such prisoner to escape or go at large, every such officer or person so offending, shall, on conviction thereof, be fined in any sum not exceeding one thousand dollars, and be imprisoned in the county jail for any term not exceeding six months; Provided, That if such prisoner be in custody charged with murder or other capital offense, then such officer or person suffering or permitting such escape, shall be punished by confinement in the penitentiary for any term not less than one year, nor more than ten years. A negligent escape of a person charged with a criminal offense, before conviction, from the custody of any of the aforesaid officers, shall be deemed a misdemeanor, and punished by fine not exceeding five hundred dollars.

Proviso.

ceive prisoner.

SEC. 83. If any sheriff, coroner, keeper of a jail, Refest to reconstable or other officer, shall willfully refuse to receive or arrest any person charged with a criminal offense, then such sheriff, coroner, jailor, constable or other officer, shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding six months in the county jail.

SEC. 89. If any person shall take money, goods, chattels, lands or other reward or promise thereof to compound any crimimal offense, such person or persons shall be fined in double the sum or value of the thing agreed for or taken, but no person shall be debarred from taking his goods or property from the thief or felon, or receiving compensation for the private injury occasioned by the commission of any such criminal offense.

SEC. 90. If any two or more persons shall conspire or

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Malicious pro agree falsely and maliciously, to charge or indict, or cause or procure to be charged or indicted, any person for any criminal offense, each of the persons so offending, shall, on conviction, be fined in any sum not exceeding one thousand dollars, and imprisoned not exceeding one year.

SEC. 91. If any person shall take upon himself to exercise or officiate [in] any office or place of authority in this territory, without being lawfully authorized thereto, he shall, upon conviction, be fined in a sum not exceeding two hundred dollars.

Unlawful exertis of office.

Embracery

Stirring up rife.

Oficious inter. meddling.

SEC. 92. Embracery is an attempt to influence a juror jurors, corruptly to one side, by threats or menaces, or by promises, persuasions, entreaties, money, entertainments and the like. Every embracer who shall procure any juror to take money, gain or profit, or shall corruptly influence any juror by persuasions, promises, entreaties, or by any other improper means, or shall threaten or menace any juror, shall be fined not excceing five hundred dollars, and imprisoned in the penitentiary not exceeding one year. And any juror convicted of taking money, gain or profit, or corruptly being influenced as aforesaid, shall suffer the like punishment, and be forever disqualified to act as a juror. This section shall apply as well to the grand as petit jurors.

SEC. 93. If any person or persons shall wickedly and willfully excite and stir up any suit or quarrel between the people of this territory, either at law or otherwise, with a view to promote a strife and contention, every such person so offending, shall be deemed to have committed the crime of common barratry, and upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars, and if he be an attorney or counselor at law, he shall be suspended from the practice for any time not exceeding six months.

SEC. 94. If any person shall officiously intermeddle in any suit at common law or in chancery, that in nowise belongs to or concerns such person, by maintaining or assisting either party, with money, or otherwise, to prosecute or defend such suit, with a view to promote

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litigation ; every such person so offending shall be deemed
to have committed the crime of maintenance, and upon
conviction thereof, shall be fined and punished as in cases of
common barratry; Provided, That it shall not be deemed
maintenance for a man to maintain the suit of his kinsinan,
or servant, or poor neighbor out of charity.
Sec. 95. If any judge, justice of the peace, sheriff,

Corruption in coroner, constable, clerk or other officer of this territory, office. ministerial or judicial, shall willfully or corruptly receive or take

any fee or reward to execute or do his duty as such officer, except such as is or shall be allowed by law, or if any such officer shall willfully or corruptly ask or demand as a. condition precedent to the performance of his duty as such officer, any fee or reward, except such as shall be allowed by law; every such officer so offending shall be deemed guilty of extortion, and on conviction thereof, shall be fined in any sum not exceeding two hundred dollars. SEC. 96. Every clerk, sheriff, coroner, constable,

Palpathlu omie county commissioner, justice of the peace, recorder, county surveyor or attorney general, or prosecuting attorney, who shall be guilty of any palpable omission of duty, or who shall willfully and corruptly be guilty of oppression, malfeasance. or partiality in the discharge of his official duties, shall upon conviction thereof, be fined in a sum not exceeding two hundred dollars. And the court shall have power upon the recommendation of the jury, to add to the judgment of the court, that any officer so convicted shall be removed from office. The court shall have power whenever any clerk of the district court, or prosecuting attorney, shall be presented or indicted, to appoint for that occasion a prosecuting attorney, or clerk, as the case may require, who shall thereby be invested in relation to such presentment or indictment, with all the powers of clerk or prosecuting attorney. It shall be the duty of the court when judgment shall extend to removal from office, to cause immediate notice of such removal to be given to the proper department, in order that the vacancy thus occasioned may he filled.

sion of anty.

SEC. 97. If any person shall knowingly send or deliver any letter or writing, threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmaties or failings, with intent to extort money, goods, chattels, or other valuable things, or threatning to maim, wound, kill or murder, or to burn his or her house or other property, o to accuse another of a crime or misdemeanor, or expose or publish any of his or her infirmaties or failings, though no money, goods, chattels or valuable things be demanded, such person so offending shall on conviction bo fined in a sum not exc eding five hundred dollars and imprisoned not exceeding six months.

TITLE VIII.

Offenses against the public Peace.

SEC. .98. If any person at late or unusual hours of the race in night night tim, shall maliciously or willfully disturb the peace or

Disturbing

tima.

quiet of any neighborhood or family by loud or unusual noises, or by tumultucus and offensive carriage, threatning, traducing, quarrelling, challenging to fight, or fighting, any person convicted thereof, shall be fined in a sum not exceeding fifty dollars, or imprisoned in the county jail not exceeding two months.

Acgambling to

SEC. 99. If two or more persons assemble for the disturbo peace purpose of disturbing the public pace, or committing any unlawful act, and do not disperse on being desired or commanded so to do, by a judge, justice of the peace, sheriff, coroner, constable or other public officer, such person so offending, shall on conviction be severally fined in any sum not exceeding fifty dollars, and imprisoned in the county jail not exceeding one mouth.

SEC. 100. If two or more persons shall, by agreement, fight in any public place, to the terror of the citizens of this territory, the persons so offending shall be deemed guilty of an affray.

Assembling for

SEC. 101. If two or more persons shall assemble lawful purpose together to do an unlawful act, and separate without doing

Threatening

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Fighting.

Meeting to unlawfal act.

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Volawful act vi et armis.

or advancing towards it, such persons shall be deemed guilty of an unlawful assemblage, and upon conviction thereof, be severally fined in a sum not exceeding fifty dollars, or imprisoned in the county jail not exceding three months.

Sec. 102. If two or more persons shall mect to do an unlawful act upon a common cause of quarrel, and make advances towards it, they shall be guilty of a riot, and on conviction, shall be severally fined in a sum not exceeding seventy dollars, or imprisoned in the county jail not exceeding four months.

Sec. 103. If two or more persons actually do an unlawful act, with force or violence, against the person or property of another, with or without a common cause of quarrel, or even do a lawful act in a violent or tumultuous manner, the persons so offending shall be deemed guilty of a riot, and on conviction shall severally be fined not exceeding two hundred dollars, or imprisoned in the county jail not exceeding six months.

SEC. 104. If any judge, justice of the peace, sheriff, or other officer, bound to preserve the public peace shall have knowledge of an intention on the pa:t of any two persons to fight with any deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties and prevent the duel, every such officer shall be fined not exceeding five hundred dollars.

Sec. 105. If any person or persons shall in any newspaper or handbill, written or printed, publish or proclaim any other person or persons as coward or cowards, , or use any other opprobrious or abusive language for not accepting a challenge to fight a duel, such person or persons 80 offending, on conviction shall be fined in a sum not exceeding five hundred dollars, or imprisoned for a term not exceeding thrce months. The publisher or printer of any such newspaper, handbill or other publication, may be summoned as a witness, and shall be required to testify against the writer or writers of such handbill or publication, and

Negligence of officers.

Libel.

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