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CHAPTER XVIII.

CRIMINAL ACTIONS.

An Act relating to proceedings in criminal cases.

point counsel for defendant.

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. If any defendant charged with any crime Court may ap not a misdemeanor, appears for arraignment in any of the district courts of the territory of New Mexico, it shall be the duty of the judge before whom the case is to be tried to inform defendant that it is his right to have counsel before being arraigned, and to ask if he desires counsel and that reasonable opportunity be given by the court to the defendant to procure counsel if he so desires.

If the defendant desires counsel and declares upon oath that he has no means to employ the same, the court, in its discretion, may assign a member of the bar to that duty to whom shall be allowed a reasonable compensation, to be determined by the court not to exceed the sum of fifty dollars, and paid on its order by the county commissioners who shall draw a warrant on the county treasurer of the county wherein the offense was committed, out of the general funds of the said county, audited in the manner provided by law for the payment of other county indebtedness.

SEC. 2. That this act shall take effect and be in force from and after its passage.

Approved February 18, 1887.

The enrolled copy of this Act was, by mistake, signed by the respective officers of the two llouses of the Legislative Assembly, and by the Governor approved and signed, The endorsements on the original bill show that it failed of passage in the Council.

CHAPTER XIX.

CRIMES.

An Act defining certain offenses against the public peace.

Assault on railroad train felony

Aiders and abettors.

Be it enacted by the Legislative Assembly of the Territory of

New Mexico:

SECTION 1. If any person or persons shall willfully and maliciously make any assault upon any railroad train, railroad cars, or railroad locomotive within thisterritory for the purpose and with the intent to commit murder, robbery, or any other felony upon or against any passenger on said train or cars, or upon or against any engineer, conductor, fireman, brakeman, or any officer or employé connected with said locomotive, train or cars; or upon or against any express messenger, or mail agent on said train, or in any of the cars thereof, on conviction thereof shall be deemed guilty of a felony and shall suffer the punishment of death.

ŠEC. 2. Any or all persons, who shall counsel, aid, abet, and assist in the perpetration of any of the offenses set forth in the preceding section on conviction thereof shall be deemed to be principals and shall suffer the punishment therein prescribed.

SEC. 3. Upon the trial of any and all persons charged with the violation of this act, it shall not be necessary to prove, nor shall it be deemed material to a conviction, that the defendant or defendants specifically intended to commit the offenses or any of them, herein set forth, upon or against any particular person but it shall be sufficient if it is proven to the satisfaction of the court and jury trying the cause as the result of such unlawful assault some person or persons was killed, robbed or injured as the case may be or that such assault was perpetrated with the design to commit some felony

SEC. 4. This act shall be in full force and effect from and after its passage.

Approved February 23, 1887.

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offences.

CHAPTER XX.

CRIMES.

An Act to suppress intemperance.

person shall have right of action.

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. Every husband, wife, child, parent, guard. Persin enjured ian, employer or other person who shall be injured in person or property, or means of support, by any intoxicated person or in consequence of the intoxication of any person, shall have a right of action, in his or her name against any person or persons, who shall, by selling or giving away intoxicating liquors to any habitual drunkard, have caused the intoxication in whole or in part of such habitual drunkard and all damages recovered by a minor under this act, shall be paid either to such minor or to his or her parent, guardian or next friend as the court shall direct and the unlawful sale or giving away of intoxicating liquors as aforesaid, shall work a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon

the premises: Provided, however, that no liability shall be held to account against any such person or persons, as herein before provided unless and until the husband, wife, child, parent, guardian or employer shall first have notified (by written or printed notice), such person or persons his or their agents or employé, not to sell or give away any intoxicating liquors to any habitual drunkard.

Sec. 2. If any person or persons shall procure or cause procuring liquor to be procured any intoxicating liquors of any kind whatever for any habitual drunkard, knowing him or her to be such (he or they) shall on conviction be fined in any sum not less than one hundred dollars, nor more than three hundred dollars or punished by imprisonment, for a term not less than three nor more than twelve months or by both such fine and imprisonment.

Sec. 3. That all laws and parts of laws in conflict with this, the same are hereby repealed, and this shall be in full force and effect from and after its passage.

Approved February 24, 1887,

drunkard.

CHAPTER XXI.

CRIMES.

An Act for the protection of wives and families.

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Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. Any person who shall unlawfully, willfully or wantonly assault his wife, or treat her with cruelty or violence, shall, on conviction thereof, be punished by imprisonment in the territorial penitentiary, at hard labor, for not less than one year nor more than five years, in the discretion of the court.

SEC. 2. Any person who abandons his wife or family, leaving her or them without sufficient means of support; or who, being able to work, fails to provide for the support of his wife or family, as far as his ability extends, and thereby leaves her or them destitute shall, on conviction thereof, be imprisoned for such period not exceeding one year as the court may fix; and on a second or subsequent offense, the imprisonment may be for any period not exceeding two years.

Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.

This act shall take effect from and after its passage and approval.

Approved February 23, 1887.

CHAPTER XXII.

CRIMES.

An Act relating to the bribery and intimidation of witnesses.

Bribery of wit.

ness, penalty

Be it enacted by the Legislative Assembly of the Territory of

New Mexico:

SECTION 1. Any person who gives or offers to give any bribe or consideration in money or otherwise to any witness, or to any person who is likely to become a witness in any cause pending, or is about to be brought in any of the courts of this territory, to testify to any fact or to abstain from testifying to any fact in any cause; and any witness or person who is likely to become a witness who receives or agrees to receive any bribe or consideration to testify to any fact or to abstain from testifying to any fact in any cause, in any of said courts, shall be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment as the court may direct.

SEC. 2. Any person who persuades or intimidates or intimidation, attempts to persuade or intimidate any witness in any cause pending in any of the courts of this territory for the purpose of preventing such witness from testifying to any fact or to abstain from testitying to any fact which is not true, shall, upon conviction, be punished as provided in the next preceding section.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved February 24, 1887.

penalty.

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