shall be guilty intended, said doctor, physician, apothecary, person or persons so administering said poison, without the full and free assent of said patient and friends, shall be ad-Free assent. judged guilty of a high misdemeanor, and be punishable in any sum not less than one thousand dollars, and be imprisoned or confined to hard labor for any time not less Penalty. than one year; and if the death of the patient or person so receiving the poison as above specified, shall follow the taking of the same, without being made acquainted with the nature thereof, then the doctor, physician, apothecary, person or persons so giving or causing to be given saidsaid persons poison, shall be adjudged guilty of manslaughter, or mur of manslaugh der as the case may be, by any court having jurisdiction, ter. and be punished according to law for such crimes: Provided, That the administration of poisons as specified in the fore part of this section, and the penalties thereof shall not attach to doctors, physicians, and apothcaries, having their own drugs, poisons and medicines, accompanying, and administering to companies and individuals traveling through the Territory, the same not being citizens of the Territory; but all such doctors and companies so traveling, may administer to, and receive of their own drugs, poisons, or medicines, with good intent, on their own responsibility. TITLE X. OFFENCES AGAINST THE PUBLIC PEACE. Proviso. SEC. 108. If two or more persons voluntarily or by Affray. agreement engage in any fight, or use blows or violence toward each other in an angry or quarrelsome manner, in any public place to the disturbance of the peace, they are guilty of an affray, and shall be punished by impris-Penalty. onment not more than three months, or fine not more than fifty dollars. SEC. 109. When three or more persons together, and in a violent or tumultuous manner, commit an unlawful act, or together do a lawful act in an unlawful, violent, or tumultuous manner, to the disturbance of others, they are guilty of a riot, and every such offender shall be pun-Penalty. ished by imprisonment not more than one year, or by fine not more than five hundred dollars. Riot. Lawful resist of person or of hers. TITLE XI. JUSTIFIABLE KILLING AND THE PREVENTION OF PUBLIC OF FENCES. SEC. 110. Lawful resistance to the commission of a ance in defencepublic offence, may be made by the party about to be injured, or by others. Resistance sufficient to prevent the offence may be made by the party about to be injured, first to prevent an offence against his person; second, to prevent an offence against his wife, child, father or mother. brother or sister; third, to prevent an illegal attempt by force, to take or injure property in his lawful possession. Of property. Justifiable fined. SEC. 111. Any other person in aid or defence of the person about to be injured, may make resistance sufficient to prevent the offence. SEC. 112. If any person shall kill another in his own homicide de- defence, as above provided, or in a sudden heat of passion caused by the attempt of any such offender to commit a rape upon his wife, daughter, sister, mother, or other female relation or dependant; or to defile the same, or when the defilement has actually been committed, or in defence of his habitation against any person who attempt to enter in a violent, tumultuous, or riotous manner, or offers any personal violence to any inmate thereof, either dwelling or being therein, shall be deemed justifiable homicide. A fear not jus SEC. 113. A bare fear of any of these offences being tify the killing about to, or having been committed, shall not be sufficient If officer when. to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing, really acted under the influence of those fears, and not in a spirit of revenge. SEC. 114. If an officer in the execution of his office resisted kills, in a criminal case, having a legal process, be resisted and when justified assailed, he shall be justified if he kill the assailant. If any officer or private person attempt to take a person charged with treason, murder, rape, burglary, robbery, arson, perjury, forgery, counterfeiting, or other crime known, denominated felony by the law, and he or they be resisted in the endeavor to take the person accused, and to prevent the escape of the accused by reason of such resistance, he or she be killed, the officer or private person so killing, shall be justified. Shall consist in SEC. 115. Justifiable homicide may also consist in un-a avoidable necessity, without any will, or desire, and with-unavoidable out any intention or negligence in the party killing. Annecessity. officer who, in the execution of public justice puts a person to death in virtue of a judgment of a competent Court of justice, shall be justified; the officer must however proceed in the performance of his duty, according to the direction of the Court, and the law of the land. justified. SEC. 116. Excusable homicide, by misadventure, isUnfortunately when a person in doing a lawful act without any inten-kills shall be tion of killing, yet unfortunately kills another, as when a man is at work with an axe, and the axe flies off the handle, and kills a bystander, it is only a misadventure, and all other instances which stand upon the same footing of reason and justice as those enumerated, shall be considered justifiable or excusable homicide. The homicide appearing justifiable or excusable, the person indicted shall upon his trial, be fully acquitted and discharged. TITLE XII. GENERAL DEFINITION AND PROVISION AS TO CRIMES AND OFFENCES. SEC. 117. Public offences are divided into felony andFelony and misdemeanors. A felony is an offence punishable with misdemeanor. death, or imprisonment for a term of one year or more; every other offence is a misdemeanor. No person can be punished for a public offence except upon legal conviction in a court having jurisdiction thereof. All criminal prosecution shall be commenced and carried on in the name of Prosecutions, ,,how commen "the people of the United States in the Territory of Utah."ced. to second. SEC. 118. No person shall be subject to a second pro-No person sub secution for a public offence for which he has been onceit prosecuted, and legally convicted or acquitted. SEC. 119. Words importing the singular number only Definition of may be extended to several persons or things; and words terms and con importing the plural number only, may be applied to one A private per another. person or thing; and words importing the masculine gen der only, may be extended to females. All words and phrases shall be construed according to the context, and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such peculiar and appropriate meaning. SEC. 120. A private person, who has arrested another son may arrestfor the commission of a public offence, must without unnecessary delay, take him before a magistrate, or deliver him to a peace officer. Accessory be SEC. 121. There is no distinction between an accessofore the fact. ry before the fact, and a principal, in the commission of a public offence, whether they directly commit the act constituting the offence, or aid and abet in its commission, though not present; they must be indicted, tried, and punhow punished.ished as principals. An accessory after the fact may be indicted, tried, and punished, though the principal be neither tried nor convicted. After fact, Enticing a fe SEC. 122. Upon a trial for enticing or taking away an malo away. unmarried female of previously chaste character, for the purpose of prostitution; or aiding or assisting therein; or for seducing and debauching any unmarried woman of previously chaste character; or on trial for rape, or attempt to commit rape, the testimony of the party injured rap party may being corroborated by the attending circumstances, tending to convict the defendant of the commission of the offence, shall be deemed sufficient. On trial for Court may con SEC. 123. When a person is convicted of a public offine prisoner tofence, the punishment for which is imprisonment, the and labor. Court may direct that he wear a ball and chain, and that ball and chain No bar to civil suit. he perform hard labor during the term of his imprison ment. SEC. 124. No conviction and consequent punishment of imprisonment and fine shall be any bar to a civil suit for damages. SEC. 125. When any person shall be convicted of any Mode of pun- crime, the punishment of which is death according to the provisions of this act, and sentenced to die, said person ishment. shall suffer death by being shot, hung, or beheaded, as the Court may direct, or the person so condemned shall have his option as to the manner of his execution. Approved March 6, 1852. AN ACT PROVIDING FOR THE BRIDGING OF Any person ta SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That if any person or per-king water out sons shall have taken, or may hereafter take water out ofof channel. the natural stream or sect, where it is wont to flow, and conduct the same, or any part thereof, across any public highway, or road, by means of a ditch or sect, any person or persons so conducting water, shall be required to make or cause to be made a good and sufficient culvert or gravel Make good ford, or bridge over such ditch or sect and keep the same bridge. in repair where the same crosses any such public road or highway, to the acceptance of the Supervisor of the district where the ditch or sect shall have been made. SEC. 2. If any person or persons, so conducting water, Supervisor to make bridge at shall neglect, or refuse to make the necessary bridge, cul-the expense of vert or ford, agreeably to the provisions of this act, thenpersen. it shall be the duty of the Supervisor to make, or cause to be made, a suitable bridge, culvert, or ford across the ditch or sect at the expense of the person or persons so offending, and may recover the same by a suit at law, before any court having jurisdiction in the matter. Approved, March 3, 1852. AN ACT TO PROVIDE FOR THE FURTHER OR- SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the Militia of the Ter |