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Sec. 3. That sections 880, 881, 882, 883 be and the Sections re

. same are hereby repealed, and that the foregoing sections No. 1 and No. 2, of this act, be and the same is declared to be a full and complete substitute for and in lieu of said sections 880, 881, 882 and 883 of the compiled laws of New Mexico, so repealed, and all laws and parts of laws in conflict with this act are hereby repealed, and this act shall take effect and be in force from and after its passage.

Approved February 21, 1887.

CHAPTER XXVIII.

CRIMES.

An Act in relation to opium joints.

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. It shall be unlawful for any person to keep Opium joints. or maintain a place for the purpose of furnishing opium to others, or what is commonly known as "hop joint” or “opium joint." Provided, however, that the provisions of this section shall not, in any wise, apply to druggists who may dispose or sell the same upon the prescription of a physician.

Sec. 2. Any person violating the provisions of the Penalty for preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof before a justice of the peace, or the district court or any competent tribunal shall be fined in any sum not less than twenty-five dollars nor more than two hundred and fifty dollars, or he shall be sentenced to imprisonment at hard labor, in the county jail, for a term of not less than one, nor more than six months, or both said fine and imprisonment, in the discretion of the court or jury trying the case.

Sec. 3. All fines imposed under the provisions of this Fines, dispostact, one-half shall go to the prosecuting witness, and the other half to the treasurer and for the benefit of the school district wherein the offense was committed.

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

Sec. 5. All acts or parts of acts in conflict with this are hereby repealed,

Approved February 24, 1887.

CHAPTER XXIX.

CRIMES.

See au 1891-Chah so
An Act to repeat certain' sections of the Compiled Laws, de-

fining murder in the several degrees and to define mur-
der in the first, second and third degrees and pro-
vide punishment therefor, and for other pur-

poses properly connected therewith.

Sections re

pealed.

First degree.

Be it enacted by the Legislative Assembly of the Territory of

New Mexico:

SECTION 1. The following sections of the compiled laws of the territory of New Mexico, to wit: Sections 687, 688, 689, 695, 699, 700, 702 and 703 are hereby repealed.

SEC. 2. The following provisions are adopted in lieu thereof: If any person of sound mind shall purposely and with premeditated malice, or in the perpetration or attempt to perpetrate any rape, arson, robbery or burglary, or by administering poison or causing the same to be done, kill any human being, such person shall be deemed guilty of murder: in the first degree, and upon conviction thereof shall suffer: death, or be imprisoned in the territorial penitentiary during: life.

SEC. 3. If any person shall purposely and maliciously, but without premeditation, kill any human being, every such person shall be deemed guilty of murder in the second degree, and on conviction thereof shall be imprisoned in the territorial prison during life.

SEC. 4. If any person shall unlawfully kill another without legal excuse or justification, and such killing is not murder in either the first or second degree, it shall be murder in the third degree. Any person convicted of murder

Second degree.

Third degree.

in the third degree shall be punished by imprisonment for not less than three nor more than twenty-one years, in the territorial penitentiary.

Sec. 5. It is the true intent of this act to repeal said Intent of repeal. sections 687, 688, 689, 695, 699, 700, 702 and 703, referred to in the first section of this act, only so far as the same apply to offenses committed after the passage of this act, but the said sections are to be held and remain in force and apply to all acts done and offenses committed prior to the passage of this act, and all pending prosecutions and those hereafter instituted for acts done prior to the passage of this act shall be commenced and carried on and punishment be had under the said sections 687, 688, 689, 695, 699, 700, 702 and 703, which said sections are hereby continued in force only for that purpose.

SEC. 6. This act shall be in force from and after its passage.

Approved February 24, 1887.

CHAPTER XXX.

CRIMES-WEAPONS.

An Act to prohibit the unlawful carrying and use of deadly

weapons.

deadly weapon,

Be it enacted by the Legislative Assembly of the Territory of

New Mexico:

SECTION 1. That any person who shall hereafter carry a Carrying any deadly weapon, either concealed or otherwise, on or about the settlements of this territory, except it be in his or her residence, or on his or her landed estate, and in the lawful defense of his or her person, family or property, the same being then and there threatened with danger, or except such carrying be done by legal authority, upon conviction thereof shall be punished by a fine of not less than fifty dollars, nor more than three hundred, or by imprisonment not less than sixty days, nor more than six months, or by both such fine and imprisonment, in the discretion of the court or jury trying the same.

56

CRIMES-WEAPONS.

[Ch. 30.

Threatening any

person.

Abbault with deadly weapon.

Mourishing deadly weapon.

SEC. 2. Any person who shall draw a deadly weapon on another, or who shall handle a deadly weapon in a threatening manner, at or towards another, in any part of this territory, except it be in the lawful defense of himself, his family or his property, or under legal authority, upon conviction thereof, shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary not less than three months nor more than eighteen inonths, or by both such fine and imprisonment, in the discretion of the court or jury trying the same.

Sec. 3. Any person who shall unlawfully assault or strike at another with a deadly weapon, upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary, not exceeding three years, in the discretion of the court or jury trying the same.

SEC. 4. Any person who shall unlawfully draw, flourish or discharge a rifle, gun or pistol within the limits of any settlement in this territory, or within any saloon, store, public hall, dance hall or hotel, in this territory, except the same be done by lawful authority, or in the lawful defense of himself, his family or his property, upoil conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment for a term of not more than three years, or by both such fine and imprisonment, in the discretion of the court or jury trying the same. The word settlement," as used in this act, shall be construed to mean any point within three hundred yards of any inhabited house, in the territory of New Mexico.

SEC. 5. Any person being armed with a deadly weapon, who shall, by words, or in other manner, insult or assault another, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than three hundred dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary for not less than three months, nor more than one year, or by both such fine and imprisonment, in the discretion of the court or jury trying the same.

Sec. 6. Justices of the peace, as well as the district courts shall have concurrent jurisdiction of all offenses committed under the first section of this act; but of offenses committed under the remaining sections hereof, justices of the peace shall not have jurisdiction except as committing magistrates, and it is made the duty of the justices of the peace of the several counties of the territory before whom any person is brought or arraigned for the violation of any

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of the above sections, other than section one of this act, if reasonable grounds exist to believe such person guilty, to bind such person over in a good and sufficient bond to the district court of such county, and in default of such bond to commit to jail as in other felonies.

SEC. 7. It shall not be necessary, in the trial of any cause arising under the provisions of this act to prove that Mefiere?? the person charged was not, at the time of violating the said provisions, in the lawful defense of himself, his family or qey property, or acting by lawful authority, but the accused must prove that he was, at such time, within the exception claimed.

SEC. 8. Deadly weapons, within the meaning of this act, shall be construed to mean all kinds and classes of pistols, whether the same be a revolver, repeater, derringer, or any kind or class of pistol or gun; any and all kinds of daggers, bowie knives, poniards, butcher knives, dirk knives, and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword canes, and any kind of sharp pointed canes; as also slung shots, bludgeons or any other deadly weapons with which dangerous wounds can be inflicted.

Sec. 9. Persons traveling may carry arins for their own Travelers may protection while actually prosecuting their journey and may pass through settlements on their road without disarming; but if such travelers shall stop at any settlement for a

1 longer time than fifteen minutes they shall remove all arms from their person or persons, and not resume the same until upon eve of departure.

SEC. 10. Sheriffs and constables of the various counties, and marshals and police of cities and towns, in this territory, and their lawfully appointed deputies, may carry weapons, in the legal discharge of the duties of tseir respective offices, when the same may be necessary, but it shall be for the court or the jury to decide from the evidence whether such carrying of weapons was necessary or not, and for an improper carrying or using deadly weapons by an officer, he shall be punished as other persons are punished, for the violation of the preceding sections of this act.

Sec. 11. Every keeper of hotel, boarding house, bar Duty of hotel room, drinking saloon or place where liquor is sold, or dance hall, in this territory, shall keep conspicuously posted up a copy of this act, in both the English and Spanish languages, and it is hereby made the duty of every such keeper of a hotel, boarding house, bar room, drinking saloon or place where liquor is sold, or dance hall, or the person in charge of the same, who shall become cognizant of any violations

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