Officers neglecting duty.

SEC. 92. When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every wilful neglect to perform such duty where no special provision has been made for the punishment of such delinquency is a misdemeanor.

Punishment for crimes enumerated in this chapter.

SEC. 93. Any person who shall be convicted of any of the crimes or misdemeanors enumerated in this chapter, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail for a term not exceeding one year, and shall be disqualified from holding any office under the laws of this Territory.

CHAPTER VIII.

OFFENCE AGAINST CHASTITY, MORALITY, AND CONSPIRACY.

Bigamy.

SEC. 94. Any person who has had a former husband or wife living, marry another person or continue to cohabit with such second husband or wife in this Territory, he or she, except in the cases mentioned in the following section, is guilty of bigamy and shall be punished for misdemeanor.

SEC. 95. Every unmarried person who knowingly marries the husband or wife of another, when such husband or wife is guilty of bigamy thereby, shall be guilty of a misdemeanor.

Enticing female to house of ill fame.

SEC. 96. If any person inveigle or entice any female before reputed virtuous to a house of ill fame, or knowingly conceal or aid, or abet in concealing such female so deluded or enticed for the purpose of prostitution or lewdness, he shall be guilty of a misdemeanor.

Disintering body; Exposing or throwing away corpse.

SEC. 97. If any person without lawful authority wilfully dig up, disinter, remove or carry away any human body or the remains thereof, from its place of interment, or aid or assist in so doing, or wilfully receive, conceal or dispose of any such human body or remains thereof, or if any person wilfully and unnecessarily and in an improper manner indecently expose, throw away or abandon any human body, or the remains thereof, in any public place or in any river, stream, pond, or other place, every such offender shall be guilty of a misdemeanor.

Disturbing burial grounds.

SEC. 98. If any person wilfully destroy or injure any tomb, grave-stone, monument, or other thing placed or designated as a

memorial to the dead, or any fence, railing, or other thing placed above the same or any place enclosed, for the burial of the dead, or wilfully destroy or injure or remove any tree, shrub, or plant within such inclosure, he shall be guilty of a misdemeanor. Conspiracy.

SEC. 99. If two or more persons conspire or confederate together with intent, falsely and maliciously to cause, or procure another person to be indicted or in any way impleaded or prosecuted for an offense of which he is inocent, whether such person be so impleaded, indicted or prosecuted or not, they shall be deemed guilty of a conspiracy.

Injuring the person, character, &c, of another; Punishment of offences enumerated in this chapter.

SEC. 100. If any two or more persons conspire or confederate together, with the fraudulent or malicious intent, wrongfully to injure the person, character, business or property of another, or to do any illegal act, injurious to the public trade, health, morals, or police, or to the administration of public justice, or to commit any felony, they are guilty of a conspiracy, and every person who is convicted of conspiracy or misdemeanor as enumerated in this chapter, shall be punished by imprisonment in the penitentiary not more than three years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not more than one year.

CHAPTER IX.

OFFENCES AGAINST THE PUBLIC PEACE.

Disturbing religious meetings.

SEC. 101. If any person wilfully disturb or disgust any assembly of persons met for religious worship, by profane discourse or rude and indecent behavior, or by making a noise, either within the place of worship, or so near as to disturb the order and solemnity of the assembly, he shall be guilty of a misdemeanor.

Fighting by agreement.

SEC. 102. If two or more persons, voluntarily or by agreement, engage in any fight or use any blows or violence toward each other, in an angry or quarelsome manner, in any public place, to the disturbance of others, shall be guilty of a misdemeanor.

Riot.

SEC. 103. When three or more persons in a violent or tumultuous manner, assemble together to do an unlawful act, when together, attempt to do an act, whether lawful or unlawful, in an unlawful, violent or tumultuous manner, to the disturbance of ofthers, they are guilty of riot.

Making disturbance at elections &c.

SEC. 104. If any person make, or excite any disturbance in any tavern, store or grocery, or at any election or public meeting, or in any other place where the citizens are peacefully and lawfully assembled, he shall be guilty of a misdemeanor.

Punishment for riot.

SEC. 105. Any person guilty of unlawfully assembling, or of a riot, may alone be indicted and convicted thereof; but it must be alledged in the indictment and proved on the trial that three or more persons were engaged therein.

Punishment for crimes enumerated in this chapter.

SEC. 106. If any person be convicted of any of the crimes or misdemeanors heretofore enumerated in this chapter, he shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not more than six months.

Injuring or destroying dwelling house, or other property.

SEC. 107. If any person or persons unlawfully or riotously assemble, pull down or injure or destroy, or bargain to pull down, injure or destroy, any dwelling house or other building, or destroy or attempt to injure or destroy any boat or vessel, or perpetrate any premeditated injury on the person or property of another, not heretofore enumerated, shall be guilty of misdemeanor, and punished by imprisonment in the penitentiary not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year, and shall be answerable to any person injured to the full amount of the damages by him sustained in an action at law.

CHAPTER X.

CHEATING BY FALSE PRETENCES AND FRAUD.

Obtaining goods under false pretences.

SEC. 108. If any person designedly and by false pretence, or by any privy or false token, and with intent to defraud, obtain from another any money, goods, or other property, or so obtain the signature of any person to any written instrument, the false making of which, would be punished as forgery, he shall be punished by imprisonment in the penitentiary not more than seven years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding one year.

Using false weights or measures.

SEC. 109. If any person with intent to defraud, use a false balance, weight or measure, in the weighing, or measuring of any thing whatsoever, that is purchased, sold, bartered, shipped or

delivered, for sale or barter, or that is pledged or given in payment, he shall be guilty of a misdemeanor.

Altering stamps, brands or mark.

SEC. 110. If any person falsely alter any stamp, brand or mark, on any cask, package, box or bale, containing merchandise or produce, made by a public officer appointed for that purpose in order to denote the quality, weight or quantity of the contents thereof, with intent to defraud, he shall be guilty of a misdemeanor. Evading license.

SEC. 111. If any person carry on or transact any business or occupation without license therefor, when such license is required by any law of this Territory, he shall be guilty of a misdemeanor. Punishment for violation of the three preceding sections.

SEC. 112. If any person be convicted of any of the crimes or misdemeanors enumerated in the three preceding sections of this chapter, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars.

CHAPTER XI.

GENERAL DEFINITIONS AND PROVISIONS AS TO CRIMES AND

OFFENCES.

SEC. 113. Public offences are divided into felonies and misdemeanors.

Definition of a felony.

SEC. 114. A felony is an offence punishable with death or by imprisonment in the penitentiary of this Territory, and every other criminal offence is a misdemeanor.

SEC. 115. No person can be punished for a public offence, except upon legal conviction in a court having jurisdiction thereof. Prosecutions-how conducted.

SEC. 116. All criminal prosecutions shall be commenced, and carried on in the name of the Territory of Jefferson.

Prosecuting but once for same offence.

SEC. 117. No person shall be subject to a second prosecution for a public offence, for which he has once been prosecuted and legally convicted or acquitted.

SEC. 118. The general term, "whoever," "any person," "any one," and the pronouns, "he," and "they," as refering to these terms as used in this code, include females as well as males as the sense of application may require.

SEC. 119. The use of any word expression of a "relationship," office, "or tract of any person," or the pronouns "he" and "they,"

in reference thereto, includes both males and females; and words used in the masculine gender include the feminine gender according to the application required.

SEC. 120. The use of the singular number includes the plural, and the plural the singular; and the word "person" or "party," or any other general term is equally applicable to the singular or plural, and may be extended to the Territory when any of the property or interests of the Territory require it.

SEC. 121. The word "writing" includes "printing;" the word "oath" includes "affirmation," and the word "signature" includes the mark of a person unable to write his name.

CHAPTER XII.

THE PREVENTION OF PUBLIC OFFENCES.

SEC. 122. Lawful resistance to the commission of a public offence may be made by the party about to be injured or by others. Resisting offences.

SEC. 123. Resistance sufficient to prevent the offence, may be made by the party about to be injured:

First: To prevent an offence against his person.

Second: To prevent an illegal attempt by force, to take or injure property in his lawful possession.

SEC. 124. Any other person in aid or defence of the person about to be injured, may make resistance sufficient to prevent the offence.

SEC. 125. Public offences may be prevented by the intervention of the officers of justice:

First: By requiring security to keep the peace.

Second: By forming a police in cities and villages, and by requiring their attendance in exposed places.

Third: By suppressing riots.

SEC. 126. Whenever the officers of justice are authorized to act in the prevention of public offences, other persons, who by their command act in their aid, are justified in so doing.

CHAPTER XIII.

SECURITY TO KEEP THE PEACE.

Preservation of public peace.

SEC. 127. The judges of the supreme, district and county courts, mayors of cities or towns, and justices of the peace, are magistrates and have power to to cause all laws made for the