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conviction, shall be imprisoned, not less than one year, nor exceeding five years.

SEC. 22. Every person who shall willfully take, steal, or maliciously destroy, any goods, wares, merchandise, promissory note, national warrant, certificate, money, or other property, one hundred dollars or more in value, shall be deemed guilty of felony, and, upon conviction, be imprisoned for any term, not less than one year, nor exceeding ten years, and be fined in a sum double the amount of damage sustained by the injured party, for his benefit.

SEC. 23. Every person who shall willfully take or steal, or maliciously destroy, any goods, wares, merchandise, promissory note, money, national warrant, certificate, or other property, less than one hundred dollars in value, shall, upon conviction, be imprisoned. for any term, less than one year, at the discretion of the court, and be fined in double the amount of damage sustained by the injured party, for his benefit.

SEC. 24. Every person who shall steal and carry away, or fraudulently withdraw, conceal, or destroy, or take away any record, paper, or proceeding of a court, or of the executive or legislative department of this Nation, or any paper or proceeding, filed with any officer, or in any public office, without reference to the value of the paper, record, or proceeding, so taken, stolen, destroyed, withdrawn, or concealed, shall be deemed guilty of felony, and, upon conviction thereof, shall be fined in a sum double the amount of the injury

sustained by the party injured, and be imprisoned not less than one year, nor more than five years, at the discretion of the court.

. SEC. 25. Every person who shall willfully take or steal, a horse, mule, ass, or or cow, shall be deemed guilty of a felony, and, upon conviction, be imprisoned not less than three years, nor more than seven years, and be fined for the benefit of the injured party, in a sum double the amount of loss or damage sustained. And every person found a second time guilty of a violation of this section, shall be imprisoned not less than seven years, nor exceeding ten years, and be fined as above.

SEC. 26. Every person who shall willfully take or steal, any hog, sheep, goat, or other domestic animal of like value, or wild animal kept in an enclosure, shall be deemed guilty of felony, and, upon conviction, be imprisoned not less than one year, nor more than three years. And every person, found a second time guilty. of a violation of the provisions of this section, shall be imprisoned not less than three years, nor exceeding seven years, and be compelled, in every instance, to make restitution to the injured party in a the amount of injury sustained.

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SEC. 27. Every person who shall willfully kill, maim, or disfigure, any horse, cow, hog, or other beast of another, or shall willfully administer any poison to such beast; or shall willfully or maliciously destroy the personal property of another, in any manner, or by any

means, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be imprisoned for any period less than one year, at the discretion of the court, and be fined in a sum double the amount of the damage sustained, for the benefit of the injured party. And every person, found a second time guilty of a violation of the provisions of this section, shall be deemed a felon, and shall be imprisoned not less than three years, nor more than seven years, and be fined in a sum double the amount of the injury sustained, for the benefit of the injured party.

ARTICLE VI.

RAPE.

SEC. 28. Every person, who shall ravish and carnally know any female not under twelve years of age by force and against her will, or by administering to her any substance, or liquor, which shall produce such stupor or imbecility of mind, or weakness of body, as will prevent effectual resistance; or shall attempt to ravish, or carnally know any female child less than twelve years of age, either with or without her consent, shall be deemed guilty of a felony, and, upon conviction, shall suffer imprisonment, for a term not exceeding twenty-five years, nor less than ten years; provided, however, if the female be, at the time of the commission of the offense, a common prostitute, she shall be required to make immediate complaint to some public officer, or other respectable person; and if, on the trial of such offense, she is proven to be a common

prostitute, then the court may imprison the offender, upon conviction, for any term not less than one year, nor exceeding ten years.

SEC. 29. Every person who shall ravish and carnally know any female child, under the age of twelve years, either with or without her consent, shall, upon conviction, suffer death by hanging; provided, that the Principal Chief, by and with the advice and consent of the executive council, may, if the circumstances of the case seem to warrant, commute the sentence to imprisonment for life.

ARTICLE VII.

MAYHEM.

SEC. 30. Every person, who shall, with malicious intent to maim or disfigure, cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, slit or mutilate the nose or lip, or cut off or disable any member of any person; and every person, privy to such intent, who shall aid in the commission of such offense, shall be deemed guilty of a felony, and upon conviction, shall be imprisoned not exceeding ten years, nor less than one year, and be fined, for the benefit of the injured party, in any sum not less than one hundred dollars, at the discretion of the court.

ARTICLE VIII.

ARSON.

SEC. 31. Every person, who shall willfully set fire

to, and burn, any dwelling, or other house, occupied by any person, whereby the life of such person shall be destroyed, shall, on conviction, be deemed guilty of manslaughter in the first degree, and suffer death by hanging; provided, however, the Principal Chief, by and with the advice and consent of the executive council, may, if the facts and circumstances of the case seem to warrant, commute the punishment to imprisonment for life.

SEC. 32. Every person, who shall willfully set fire to, and burn, any dwelling house, mill, school-house, church, barn, or other building, whether such person be the owner or not, shall be deemed guilty of a felony, and, upon conviction, be imprisoned for a term not less than five years, nor exceeding fifteen years, and fined in a sum double the amount of damage sustained, for the benefit of any other person injured.

SEC 33. Every person, who shall willfully set fire to and burn, any bridge, or any goods, wares or merchandise, or any chattels of any kind; or any stack, bale, or heap of hay, or field of grain, cotton, or other produce, standing or growing in any field; or any orchard, or nursery, or grove of trees, not his own, or any fence around any farm, field, or inclosure, not his own; or any cord wood, not his own; or any parcel of boards, or lumber; or shall willfully set fire to, and burn, any property not herein specially named, shall be deemed guilty of a felony, and, upon conviction, shall be imprisoned not less than one year, nor exceeding five years; and be fined for the benefit of the injured.

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