the commission of such offense, on conviction thereof, shall be punished by imprisonment for any term not to exceed three years, at the discretion of the court; and in prosecutions for offenses specified in this section, it shall not be necessary to aver in the indictment, or to prove on the trial, that the principal has been convicted or tried.

SEC. 73. Every person who shall receive, conceal, buy, sell, or dispose of any stolen goods, wares, or other valuable thing or property, knowing them to be such, shall be deemed an accessory, and, upon conviction, be punished in like manner as the principal, and such person may be proceeded against, and tried, either before or after the principal.

ARTICLE XXXI.

SLANDER OR LIBEL.

SEC. 74. Every person who shall falsely charge, or wantonly or maliciously speak, write, print, disseminate, or otherwise give publicity to, any word, matter, or thing, for the purpose of injuring another person in character, feeling, or property, or for the purpose of so injuring the family or friends of such person, shall, on conviction thereof before any court of competent jurisdiction, be deemed guilty of willful and malicious slander, and suffer punishment by fine in any sum not exceeding two thousand dollars, for the benefit of the person injured, or by imprisonment for any term not

exceeding two years, or by both fine and imprisonment at the discretion of the court.

SEC. 75. The repetition or utterance of any charge or accusation, whereof the person accused has been tried and honorably acquitted by any legal tribunal of this Nation, may be deemed libelous, or not, according to the time and circumstances attending such utter

ance.

ARTICLE XXXII.

SUNDAYS.

SEC. 76. The seventh portion of time, beginning and ending with Sunday, the first day of the week, shall be a day of rest within the limits of the Cherokee Nation; and every merchant, mechanic, artist, or other person, who shall keep open his store, ware-house, shop, work-house, or other place of business, or shall engage on Sunday in any manner of work, labor, or business, except only works of necessity and charity, shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any court of competent jurisdiction, be fined in any sum not exceeding fifty dollars, for each and every such offense, at the discretion of the

*court.

SEC. 77. One half of all fines, collected under this act, shall be paid into the general fund of the Nation, and the other half be paid to the solicitor and sheriff, prosecuting and collecting the same, equally; provided,

that the keeping open of apothecary shops, and the preparation and sale of medicines on Sundays, for immediate use, shall not be deemed a violation of the provisions of this act.

ARTICLE XXXIII

DAMAGES.

SEC. 78. Whenever any person is injured in property by the unlawful act of another, he shall, within ten days after he is apprised of such injury, report the same to the judge of the district in which the act was done, who shall thereupon immediately appoint and qualify three suitable persons to assess the amount of damages sustained by the party injured; and the amount so assessed, certified to, and signed by the persons so appointed, shall be final as to the damage sustained, when judgment may be given thereupon according to law.

CHAPTER V.

AN ACT RELATING TO EXECUTIONS.

ARTICLE I.

EXECUTION IN CAPITAL AND CRIMINAL CASES.

SEC. 1. The punishment of death shall in all cases be inflicted by hanging the convict by the neck until he be dead; and and the sentence shall, at the time directed, be executed within the walls or enclosure of the national prison, at the town of Tahlequah, by the high sheriff, or some one deputized by him for that

purpose.

SEC. 2. Whenever any person shall be convicted of any crime, for which sentence of death shall be awarded against him, the presiding judge in that case shall, in open court, pass the sentence of death upon the person so convicted. He shall, at the same time,

fix the time for the execution in his order to the high sheriff, signed by himself and the clerk of the court; which order, together with the convict, shall be committed to the custody of the sheriff of the district in which the case was tried, to be by him safely delivered to the high sheriff or his deputy, at or within the prison at Tahlequah, and such order of the judge shall

be a sufficient authority for the high sheriff, or his deputy, to execute such sentence; and he shall execute it accordingly.

SEC. 3. A respite of not less than thirty, nor exceeding ninety, days from the day of sentence shall be given to every convict awaiting the execution of the death penalty.

SEC. 4. Ministers of the Gospel shall have, under the high sheriff, free access to all criminals awaiting the infliction of the death penalty; and whenever the death penalty is to be inflicted, the high sheriff shall, if practicable, cause a physician or surgeon, the sheriff of Tahlequah district, or his deputy, and not less than six other reputable citizens of the Nation, to be present to witness the execution. He shall permit the counsel and immediate relations of the criminal, and the officers and assistants of the prison, and such others as he may see fit, to be present.

SEC. 5. Whenever the punishment of death shall have been inflicted, as herein provided, the high sheriff shall return the order for execution with a statement thereto attached, of his doings therein, as soon as may be after the execution, to the clerk of the court having jurisdiction, for record. He shall also make record of the same in the office of the prison.

SEC. 6. In every case in which the punishment of imprisonment in the national prison is awarded against any convict, the court (judge) shall tansmit by the sheriff having custody of such convict the sentence or decree of the court, to the high sheriff, and the term of