knowledge of any other woman, or female child, than his daughter or sister, as aforesaid, forcibly, and against her will, or if any male person, of the age of seventeen years and upward, shall carnally know or abuse any female child, under the age of 12 years, with her consent, every such person so offending shall be deemed guilty of a rape, and shall be imprisoned in the penitentiary, not more than twenty nor less than three years. [1885, chap. 101.]

SEC. 13. [Robbery.]-If any person shall forcibly, and by violence, or by putting in fear, take from the person of another, any money or personal property, of any value whatever, with the intent to rob or steal, every person so offending shall be deemed guilty of robbery, and, upon conviction thereof, shall be imprisoned in the penitentiary, not more than fifteen nor less than three years.

SEC. 14. [Felonious assault.)-If any person shall assault another with intent to commit a murder, rape, or robbery, upon the person so assaulted, every person so offending shall be imprisoned in the penitentiary, not more than fifteen nor less than two years.

SEC. 15. [Maiming and disfiguring.]—If any person shall voluntarily, unlawfully, and on purpose, cut or bite the nose, lip or lips, ear or ears, or cut out or disable the tongue, put out an eye, slit the nose, ear, or lip, cut or disable any limb or member of any person, with intent to murder, kill, maim, or disfigure such person, every person so offending shall be imprisoned in the penitentiary, not more than twenty years nor less than one year.

SEC.16. [Shooting and stabbing, with intent to wound.]-If any person shall maliciously shoot, stab, cut, or shoot at, any other person, with intent to kill, wound, or maim such person, every person so offending shall be imprisoned in the penitentiary, not more than twenty years nor less than one year.

SEC. 17. [Assault and battery--Menacing threat.]-If any person shall unlawfully assault or threaten [another] in a menacing manner, or shall unlawfully strike or wound another, the person so offending shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, or imprisoned in the jail of the county not exceeding three months, or both, in the discretion of the court, and shall, moreover, be liable to the suit of the party injured. [Amended 1875, 2.]

SEC. 18. [Kidnapping.]-Any person or persons who shall kidnap, or forcibly or fraudulently carry off or decoy out of this state any person or persons, or shall arrest or imprison any person or persons, with the intention of having such person or persons carried out of the state, unless it be in pursuance of the laws thereof, shall be confined in the penitentiary not less than three nor more than seven years, and shall, moreover, be liable for the costs of prosecution.

SEC. 19. [False imprisonment.]-False imprisonment is the unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority. Any person convicted of false imprisonment, shall be fined in any sum not exceeding five hundred dollars, or imprisoned not exceeding one year in the county jail.

SEC. 20. [Child stealing.]-Every person who shall maliciously or forcibly or fraudulently lead, take or carry away, or decoy or entice away, any child under the age of ten years, with intent unlawfully to detain or conceal such child from its parent or parents, or guardian, or other person having the lawful charge of such child, shall be imprisoned in the penitentiary not more than seven years nor less than one year.

SEC. 14. In an indictment for an assault with intent to commit murder it is necessary to allege the assault as having been made purposely and maliciously; but it is no objection to the indictment that it also charges the malice to have been deliberate and premeditated. 4 Neb. 552. To constitute an assault with intent to commit rape, there must have been an intent and that intent manifested by an assault for that purpose upon the person intended to be ravished. 6 Neb. 282. A count for an assault with intent to commit a rape may be joined with a count for rape itself. Id. 284. An assault with intent to commit murder is but one offense and if indictment contains no other, a general verdict of guilty is good. 5 Neb. 418. Evidence of physicians. Id.

SEC. 16. Charging "intent to kill" with "intent to wound;" prosecutor not required to elect on which he will proceed. 8 Neb. 486.

SEC. 17. Principals in, defined. 11 Neb. 259. Exemplary damages not allowed. 8 Neb. 71. Assault upon enciente woman. 13 Neb. 392.

SEC. 21. [Aiding and abetting same.]-Every person who shall harbor or conceal, with intent to detain from its parent or parents, or guardian, any child under the age of ten years, so led, taken, carried, decoyed or enticed away, as in the preceding section specified, shall, upon conviction thereof, be imprisoned in the penitentiary hot more than seven years nor less than one year.

CHAPTER V.-OFFENSES AGAINST PUBLIC PEACE AND JUSTICE.

SEC. 22. [Treason.]-Any person or persons residing in this state, who shall levy war against this state, or the United States of America, or shall knowingly adhere to the enemies of this state, or the United States, giving them aid and comfort, shall be deemed guilty of treason against the state of Nebraska, and shall be imprisoned in the penitentiary during life.

SEC. 23. [Accessories.]-Any person or persons residing within this state, who shall surrender or betray, or be in any way concerned in the surrendering or betraying any military post, fortification, arsenal or military stores of this state, or the United States, into the possession or power of any enemies of either, or shall supply arms or ammunition or military stores to such enemies, or who shall unlawfully and without authority, usurp possession and control of any such military post, fortification, arsenal or military stores, or having knowledge of any treason against this state or the United States, shall wilfully omit or refuse to give information thereof to the governor, or some judge of this state, or to the president of the United States, shall be imprisoned in the penitentiary not less than ten years nor more than twenty years.

SEC. 24. [Military expeditions against other states.]-If any person shall, within this state, begin or set on foot, or provide or prepare the means for any unauthorized military expedition or enterprise, to be carried on from thence against the territory or people of any of the United States, every person so offending shall be punished by imprisonment in the penitentiary not less than one nor more than ten years.

SEC. 25. [Carrying concealed weapons.]-Whoever shall carry a weapon or weapons, concealed on or about his person, such as a pistol, bowie-knife, dirk, or any other dangerous weapon, on conviction of the first offense shall be fined not exceeding one hundred dollars, or imprisoned in the county jail not more than thirty days, and for the second offense not exceeding one hundred dollars or imprisoned in the county jail not more than three months, or both, at the discretion of the court; Provided, however, If it shall be proved from the testimony on the trial of any such case, that the accused was, at the time of carrying any weapon or weapons as aforesaid, engaged in the pursuit of any lawful business, calling or employment, and the circumstances in which he was placed at the time aforesaid were such as to justify a prudent man in carrying the weapon or weapons aforesaid, for the defense of his person, property or family, the accused shall be acquitted. [Amended 1875, 3.]

SEC. 26. [Unlawful assembly and rout.]-If three or more persons shall assemble together with intent to do any unlawful act, with force and violence, against the person or property of another, or to do any unlawful act against the peace; or, being lawfully assembled, shall agree with each other to do any unlawful act as aforesaid, and shall make any movement or preparation therefor, the persons so offending, shall be fined in any sum not exceeding one hundred dollars, and be imprisoned in the jail of the county not exceeding three months. [Id.]

SEC. 27. [Proclamation dispersing rioters.]-Whenever three or more persons shall be assembled as aforesaid, and proceed to commit any of the offenses aforesaid, it shall be the duty of all judges, justices of the peace, and sheriffs, and all ministerial officers, immediately, upon actual view, or as soon as may be, on information, to make proclamation in the hearing or such offenders, commanding them in the name of the state of Nebraska, to disperse and depart to their several homes or lawful employments; and if, upon such proclamation,

SEC. 26. 15 Neb. 560. 16 Id. 30, 32.

such persons shall not disperse and depart as aforesaid, it shall be the duty of such judges, justices of the peace, and sheriffs, and all other ministerial officers, respectively, to call upon all persons near, and, if necessary, throughout the county, to aid and assist in dispersing and taking into custody all persons assembled as, aforesaid; and military officers and others, called on as aforesaid, and refusing to render immediate assistance, shall each be fined in any sum not exceeding twenty-five dollars.

SEC. 28. [Riot-Obstructing authorities-Refusing to disperse.] -If any person shall forcibly obstruct any of the authorities aforesaid, or if any three or more persons shall continue together after proclamation made as aforesaid, or attempted to be made, and prevented by such rioters; or, in case of the proclamation, any three or more persons, being assembled as aforesaid, shall commit any unlawful act as aforesaid, every such offender shall be fined in any sum not exceeding one hundred dollars, and imprisoned in the jail of the county not exceeding three months; and shall, moreover, find security for good behavior and to keep the peace, for a time not exceeding one year. [Amended 1875, 3.]

SEC. 29. [Rioters injured in resisting officers, slayer held guiltless.]-If any of the persons so unlawfully assembled, shall be killed, maimed, or otherwise injured, in consequence of resisting the judges or others in dispersing and apprehending them, or in attempting to disperse and apprehend them,, said judges, justices of the peace, sheriffs and other ministerial officers, and others acting by their authority, or the authority of either of them, shall be holden guiltless; Provided, Such killing, maiming, or injury shall take place in consequence of the use of necessary and proper means to disperse or apprehend any such persons so unlawfully assembled.

SEC. 30. [Resisting and abusing officers.]-If any person shall'abuse any judge or justice of the peace, resist or abuse any sheriff, constable or other officer, in the execution of his office the person so offending, shall be fined in any sum not exceeding one hundred dollars, or imprisoned in the jail of the county not exceeding three months, or both, at the discretion of the court. [Amended 1875, 4.]

SEC. 31. [Rescuing by force.]-If any person shall rescue, by force, any offender, charged with, or convicted of, any offense, by the laws of this state made punishable with imprisonment, from any jail or other place of confinement, or from the custody of any officer, or other person charged with the safe keeping of such offender; every person so offending, shall be fined in any sum not exceeding five hundred dollars, and be imprisoned in the jail of the county not exceeding thirty days.

SEC. 32. [Disturbing religious meetings.]-If any person or persons shall at any time interrupt or molest any religious society or any member thereof; or any persons when meeting or met together, for the purpose of worship, or performing any duties enjoined on, or appertaining to them, as members of such society; the person or persons so offending shall be fined in any sum not exceeding twenty dollars; Provided, That this section shall not be so construed, as to deprive any religious society of the right of laying hands upon the person or persons who may be disturbing the congregation, and turning him or them out of the church or place of worship.

SEC. 33. [Exciting disturbance at tavern or meeting of citizens.]—If any person or persons shall be found making or exciting any contention or disturbance at any tavern, court, election, or other meetings of the citizens for the purpose of transacting or doing any business appertaining to, or enjoined on them; the person or persons so offending, shall be fined in any sum not exceeding five dollars, nor less than fifty cents, each, and, if necessary, imprisoned until such meeting shall be ready to disperse.

SEC. 84. [Disturbing school, society, or meeting, etc.]—If any per

SEC. 34. Person charged with disturbance of public school may prove that he was a member of school board and that what he did was in pursuance to an order of the board and in the honest discharge of his oficial duty. 6 Neb. 172.

son or persons shall hereafter wilfully disturb, molest, or interrupt any literary society, school, or society formed for the intellectual improvement of its members, or any other school or society organized under any law of this state, or any school, society, or meeting, formed or convened for improvement in music, letters, or for social amusement, such person or persons so offending shall be fined in any sum not less than five, nor more than twenty dollars.

SEC. 35. [Molesting county surveyor.]-If any county surveyor, or deputy surveyor, shall be molested or prevented from doing or performing any of his official duties, by means of the threats or improper interference of any person or persons, such surveyor shall call on the sheriff of the county, who shall accompany him, and remove all force; and the person or persons thus threatening, or improperly interfering with any surveyor, while performing his official duties, shall be fined in a sum not exceeding one hundred dollars; and, moreover, be liable for all damages by any person sustained by the hindrance of the surveyor, and also for all expenses and costs that may accrue in consequence of the attendance of the sheriff.

SEC. 36. [Neglect by conservators of the peace.]-If any judge, justice of the peace, sheriff, or other officer bound to preserve the public peace, shall have knowledge of an intention on the part of any two persons to fight with any deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties and prevent the duel, every such officer shall be fined not exceeding one hundred dollars.

SEC. 37. [Influencing witness, juror, or officer-Obstructing administration of justice.]-If any person or persons shall, corruptly or by threats, or force, endeavor to influence, intimidate, or impede any juror, wit ness or officer, in any court of this state, in the discharge of his duty, or shall corruptly, or by threats or force, obstruct or impede, or endeavor to obstruct or impede, the due administration of justice therein, every person or persons so offending, shall be punished by fine, not exceeding one hundred dollars, or by imprisonment, not exceeding twenty days, or both.

CHAPTER VI.-ATTEMPTS AND INDUCEMENTS TO POISONING AND ABORTION.

SEC. 38. [Poisoning with intent, etc.]-If any person or persons shall administer poison to another with the intent to destroy or take the life of the person or persons to whom the same shall be administered, or do him, her, or them, an injury, or if any person or persons, shall mix poison in water, food, drink, or medicine with the aforesaid intent, the person or persons so offending, their aiders and abettors, shall be imprisoned in the penitentiary, not more than fifteen nor less than two years.

SEC. 39. [Attempting to procure abortion.]—Any physician, or other person, who shall wilfully administer to any pregnant woman any medicine, drug, substance, or thing whatever, or shall use any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, or shall have been advised by two physicians to be necessary for that purpose, shall be punished by imprisonment in the county jail, not more than one year, or by fine, not exceeding five hundred dollars, or by both such fine and imprisonment.

SEC. 40. [Administering medicine while intoxicated.]—If any physician, or other person, while in a state of intoxication, shall prescribe any poison, drug, or medicine, to another person, which shall endanger the life of such other person, he shall be punished by a fine of not more than one hundred dollars.

SEC. 41. [Administering secret medicine.]-If any physician, or other person, shall prescribe any drug or medicine to another person, the true nature and composition of which he does not, if inquired of, truly make known, but avow the same a secret medicine or composition, thereby endangering the life

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of such other person, he shall be fined in any sum not exceeding one hundred dollars.

SEC. 42. [What done when poisons sold.]-Every apothecary, druggist, or other person, who shall sell or give away, except upon the prescription of a physician any article or articles of medicine belonging to the class usually known as poisons, shall be required: First. To register, in a book kept for that purpose, the name, age, sex, and color of the person obtaining such poison. Second. The quantity sold. Third. The purpose for which it is required. Fourth. The day and date on which it was obtained. Fifth. The name and place of abode of the person for whom the article is intended. Sixth. To carefully mark the word "poison" upon the label or wrapper of each package. Seventh. To neither sell or give away any article of poison to minors of either sex.

SEC. 43. [Indigo or soot to be mixed with arsenic.]—No apothecary, druggist, or other person, shall be permitted to sell, or give away, any quantity of arsenic less than one pound, without first mixing either soot or indigo therewith, in the proportion of one ounce of soot or half an ounce of indigo to the pound of arsenic.

SEC. 44. [Penalty for violation of two preceding sections.]—Any person offending against the provisions of either of the last two preceding sections, shall be fined in any sum not less than twenty nor more than one hundred dollars. [Amended 1875, 4.]

SEC. 45. [Advertisement or sale of secret drug, etc., for females -Obscene notices.]-If the publishers of any newspaper in the state, shall print or publish any advertisement of any secret drug or nostrum, purporting to be exclusively for the use of females, or if any druggist or other person shall sell or keep for sale, or shall give away any such secret drug or nostrum, purporting to be exclusively for the use of females; or if any person shall, by printing or writing, or in any other way publish an account or description of any drug, medicine, instrument, or apparatus for the purpose of preventing conception, procuring abortion, or miscarriage, or shall, by writing or printing in any circular, newspaper, pamphlet, or book, or in any other way publish or circulate any obscene notice, or shall, within the state of Nebraska, keep for sale or gratuitous distribution, any newspaper, circular, pamphlet, or book containing such notice of such drugs, instruments, or apparatus, or shall keep for sale, or gratuitous distribution any secret nostrum, drug, or medicine for the purpose of preventing conception, procuring abortion, or miscarriage; such person or persons so violating any of the provisions of this section, shall be fined in any sum not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court; Provided, That nothing in this section shall be so construed as to affect teaching in regular chartered medical colleges, or the publication of standard medical books.

CHAPTER VII.-LIBEL AND THREATENING LETTERS.

SEC. 46. [Threatening letter.]-If any person shall, knowingly, send or deliver any letter or writing, with or without a name subscribed thereto, or signed with a fictitious name, containing wilful and malicious threats of injury of any kind whatever, or with intent, or for the purpose of extorting money, or other. valuable things, from any person; every person so offending, shall be fined in any sum not less than fifty, nor more than five hundred dollars, or be imprisoned in the jail of the county, not exceeding ten days, or both, at the discretion of the court.

SEC. 47. [Libel.]-If any person shall write, print or publish any false or malicious libel of, or concerning another, or shall cause or procure any such libel to be written, printed, or published; every person so offending shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court, and moreover, be liable to the party injured.