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CHAPTER XXII.

CRIMES.

Ax Acr declaring certain crimes capital felonies.

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Be it on tal by the Legislative Assembly of the Territory of

Vere Verico:

Sectos I. Any person or persos, who shall willfully and maliciously displace, remove or in any manner so interfere with any rails, ties or suitches on any railroad within this territory, or place obstructions of any kind upon any railroad track, orer which locomotives and cars mar be ran, for the purp.se and with the intent to throw any linenotive or railroad ears from the track, on convieti terzif, such person or persons shall be deemed gail of a capital felony, and shall suffer the punis inent of death.

Sec. ?. Any and all persons who shall aid, counsel anıì ai +: the perpetration of the cine duined in the precelo section shall be considered as principals, and on conri-ion shall suffer the same penalty as prescribed in the first sing of this act.

Sie. 3. The placiny of any exposre vor combastible mate substance, upan or br tiesie of any railroad tras tie parp se ani with the tor such loe: ieder cars from the sail razrui irak, is hereby des: be an obstruttorin this act.

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An Act to provide for the adequate punishment of crimes against women and children-Rape-Abduction

Carnal abuse of children and seduction.

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. That a person perpetrating rape upon or an Penalty. act of sexual intercourse with a female, when the female is under the

age

of fourteen years, or when over fourteen years of age, through idiocy, imbecility, or any unsoundness of mind, either temporary or permanent, she is incapable of giving consent, or when her resistance is forcibly overcome, or when her resistance is prevented by stupor or by weakness produced by an intoxicating narcotic or anaesthetic agent administered by or with the privity of the defendant, is punishable by imprisonment for not less than five nor more than twenty years.

SEC. 2. No conviction for rape can be had against one who was under the age of fourteen years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact beyond a reasonable doubt.

SEC. 3. Any person who by force, menace or duress, compels a woman against her will to marry him, or to marry any other person or to be defiled, is punishable by imprisonment for not less than three or more than ten years, or by a fine of not less than one thousand dollars, or by both. Sec. 4. Any person who takes female under the

age of fourteen years for the purpose of prostitution or sexual intercourse, or without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage, or inveigles or entices an unmarried female over fourteen years and under twenty years of age of chaste character, into a house of illfame or of assignation, for the purpose of prostitution or sexual intercourse, or takes or detains a female unlawfully against her will with the intent to compel her, by force, menace, or duriss, to

Compelling woman to marry.

Enticing female.

marry him, or to marry any other person, or to be defiled, is guilty of abduction and punishable by imprisonment for not more than five years or by a fine of not less than one thousand dollars, or by both.

Sec. 5. The subsequent inter-inarriage of the parties, or the lapse of two years after the commission of the offense, before the finding of an indictment, is a bar to a prosecution for the violation of the last section.

Sec. 6. Any act or portions of acts in conflict with the provisions of this act are herewith repealed.

Sec. 7. This act shall be in full force and effect from and after its passage.

Approved February 10, 1887.

CHAPTER XXV.

.

CRIMES.

An Act relating to persons convicted of crime.

Imprisonment in penitentiary instead of county jail.

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1, That hereafter all persons convicted of crime and sentenced to imprisonment for any length of time exceeding one year, shall be confined in the territorial penitentiary at hard labor.

SEC. 2. Whenever the words "county jail” are used in

any statute fixing punishment by imprisonment, when the term of such imprisonment may exceed one year, shall be construed to mean territorial penitentiary.

Sec. 3. That all acts and parts of acts in conflict herewith are hereby repealed.

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

Approved February 10, 1887.

CHAPTER XXVI.

CRIMES.

An Act to amend section 933 of the revised statutes of New

Mexico.

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. That section nine hundred and thirty-three Syedaye labor of the revised statutes of the year 1884, be, and the same is hereby amended to read as follows: Any person or persons who shall be found on the first day of the week called Sunday, engaged in any sports, or in horse racing, cock fighting or in any other manner disturbing any worshiping as. sembly, or private family, or attending any public meeting, or public exhibition, excepting for religious worship, or instruction, or engaged in any labor, except works of necessity, charity, or mercy, shall be punished by a fine not exceeding fifteen dollars, nor less than five dollars, or imprisonment in the county jail of not more than fifteen days, nor less than five days, in the discretion of the court, upon conviction before any district court.

SEC. 2. All fines collected under this act to be applied to the school fund of the district in which the offense was committed. It shall be the duty of any sheriff, collecting said fine to pay the same to the county treasurer, to the credit of the school district of the county in which the said offense was committed, within thirty days after collecting said fine, and take his receipt therefor.

Sec. 3. All acts, or parts of acts, in conflict herewith, are now hereby repealed.

Sec. 4. This act to take effect and be in force from and after its passage.

Approved February 17, 1887.

Fines, how ap

plied.

CHAPTER XXVII.

CRIMES.

An Act repealing certain sections of the gaming law and pro

viding a substitute therefor.

License for keep

ing gaming teble, amount.

30

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. That there shall be assessed and collected in the manner prescribed by law, as in case ofother license, a tax of one hundred dollars, per annum, to be paid and collected quarterly, in advance, on each gaming table and apparatus of any kind whatever, such as monte, faro, pass faro, pass monte, vandeau, roulette, twenty-one, red and black, rouge et noir, poker, stud horse poker, or any other banking or percentage game of whatever name, or any game of chance played with cards, or dice or any subterfuge for the same, by whatever name known, which license shall be issued in the manner prescribed by law in the case of other licenses, but only upon a written request of the pariy desiring such license, signed by the applicant, setting forth the place or building, as near as can be, in which said games are to be carried on and said license shall only be good and apply to such place of business in said application mentioned; and Provided, that the license herein provided shall only be receivable in the current funds of the United States, and when collected shall be paid into the school fund of the county for which said license was obtained; And Provided further, that not more than one game to be played on any table at the same time.

Sec. 2. If any unlicensed person shall keep a gaming table, or apparatus of any kind whatever, or shall permit any gambling or games in the first section of this act inentioned, to be played or carried on in or about his or her premises, on conviction thereof he shall be fined in any sum not less than fifty dollars, nor more than two hundred dollars, with costs of prosecution, or by imprisonment until such fine be paid, not exceeding one day's imprisonment for each two dollars of said fine.

Fine for not ob

taining license.

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