Relating to in jury to fruit and and shrubbery. Penalty. shall, upon conviction thereof, be fined in any sum, not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding thirty days, or both, at the discretion of the court. SECT. 3. And if any person or persons shall wilfully or ornamental trees maliciously, and without lawful authority, cut down, root up, sever, injure, or destroy any fruit or ornamental trees, cultivated root or plant, or other vegetable production, standing or growing in, or being attached to the lands of others, and shall wilfully and without lawful authority, cut down, root up, destroy, or injure any fruit or ornamental trees or shrubbery, planted or growing in any street, lane, or alley, or public ground, in any city or incorporated town, every such person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not more than one hundred dollars, or by imprisonment in the county jail not exceeding three months, or both, at the discretion of the court, and shall moreover be liable in damages to the party injured. In case of prosecution, and land owned by one or more tenants. Prosecutions commenced SECT. 4. In case of prosecution for any of the above offences, if the land referred to be owned or occupied in common by two or more tenants, the complaint shall be deemed sufficient, if any one or more of such tenants in common shall be named therein. SECT. 5. All prosecutions under this chapter shall be within one year. commenced within one year from the time any such offence shall have been committed, before some justice of the peace of the county wherein the same shall have been committed; Fines for use of and all fines collected under the provisions of this chapter, shall be paid into the treasury of the county where the offence shall have been committed, for the use of the common schools of said county. common schools. Take effect, when. SECT. 6. This act shall take effect and be in force from and after the first day of May, 1862. Approved April 10, 1862. W. JAYNE, Governor. FUGITIVES FROM JUSTICE. CHAPTER 44. AN ACT RELATIVE TO FUGITIVES FROM JUSTICE AND THE Be it enacted by the Legislative Assembly of the Territory of Dakota: any Governor may appoint agents to from justice. When application made to him SECTION 1. The governor of this territory may, in case authorized by the constitution and laws of the United demand fugitives States, appoint agents to demand of the executive authority of any state or territory, any fugitive from justice, or any person charged with felony or any other crime, in this territory, and whenever an application shall be made to the governor for that purpose, the district attorney, or any other for that purpose. prosecuting officer of the territory, when required by the governor, shall forthwith investigate the grounds of such application, and report to the governor all material circumstances which may come to his knowledge, with an abstract of the evidence, and his opinion as to the expediency of the demand; but the governor may, in any case, appoint such agents, without requiring the opinion of, or any report from, the district attorney; and the accounts of the agents, appointed for that purpose, shall, in all cases, be audited by the governor, and paid from the territorial treasury. Expenses, When demands other states and SECT. 2. When a demand shall be made upon the gov- made on the exernor of this territory, by the executive of any state or terri- ecutive from tory, in any case authorized by the constitution and laws of territories. the United States, for the delivery over of any person charged in such state or territory, with treason, felony, or any other crime, the district attorney or any other prosecuting officer of the territory, when required by the governor, shall forthwith investigate the ground of such demand, and report to the governor all material facts which may come to his knowledge, as to the situation and circumstances of the person so demanded, especially whether he is held in custody, or When person found in this ter ritory charged in another state or territory. is under recognizance to answer for any offence against the laws of this territory or of the United States, or by force of any civil process, and also whether such demand is made according to law, so that such person ought to be delivered up; and, if the governor is satisfied that such demand is conformable to law and ought to be complied with, he shall issue his warrant under the seal of the territory, authorizing the agents who make such demand, either forthwith, or at such time as shall be designated by the warrant, to take and transport such person to the line of the territory, at the expense of such agents, and shall, also, by such warrant, require the civil officer within this territory to render such assistance as may be necessary in the execution thereof. SECT. 3. Whenever any person shall be found within this with any offence territory, charged with any offence committed in any state or territory, and liable by the constitution and laws of the United States, to be delivered over upon the demand of the executive of such state or territory, any court or magistrate authorized to issue warrants in criminal cases, may, upon complaint under oath, setting forth the offence and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the same, or some other court or magistrate within the territory, to answer such complaint as in other cases. If it appear that complaint is be held. SECT. 4. If upon examination of the person charged, it true, accused to shall appear to the court or magistrate that there is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the governor, he shall, if not charged with a capital crime, be required to recognize, with sufficient sureties, in a reasonable sum, to appear before such court or magistrate at a future day, allowing a reasonable time to obtain the warrant of the executive, and to abide the order of the court or magistrate; and, if such person shall not so recognize, he shall be committed to prison, and shall be there detained until such day, in like manner as if the offence charged had been committed within this territory; and if the person so recognizing shall fail to appear according to the condition of his recognizance, he shall be defaulted, and the like proceedings shall be had as in the case of other recognizances entered into before such court or magistrate; but, if such person be charged with a capital crime, he shall If accused fail to appear accord ing to recogniz ance. If he appear as ordered, and is is not recognized be committed to prison, and there detained until the day so appointed for his appearance before the court or magistrate. SECT. 5. If the person so recognized or committed shall appear before the court or magistrate upon the day ordered, not demanded or he shall be discharged, unless he be demanded by some person anew. authorized by the warrant of the executive to relieve him, or unless the court or magistrate shall see cause to commit him, or to require him to recognize anew, for his appearance at some other day, and if, when ordered, he shall not so recognize, he shall be committed and detained as before provided; whether the person so discharged shall be recognized, committed, or discharged. Any person authorized by the warrant of the executive may, at all times, take him into custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape. Complainant answerable for charges. SECT. 6. The complainant in such case shall be answerable for the actual costs and charges, and for the support in costs and prison of any person so committed, and shall advance to the jailer one week's board, at the time of commitment, and so from week to week, so long as such person shall remain in jail; and if he shall fail to do so, the jailer may forthwith If he fail to discharge such person from his custody. pay same, accused may be discharged. SECT. 7. This act shall take effect and be in force from Take effect, and after its approval by the governor. Approved May 15, 1862. 27 * W. JAYNE, Governor. when. HEALTH. If person adulterate food or CHAPTER 45. AN ACT TO PROVIDE FOR OFFENCES AGAINST THE Be it enacted by the Legislative Assembly of the Territory of Dakota: SECTION 1. If any person shall fraudulently adulterate, drink. Penalty for the purpose of sale, any substance intended for food, or any wine, spirits, malt, or other liquor, intended for drinking, with any substance injurious to health, he shall be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding two hundred dollars, and the article so adulterated shall be forfeited and destroyed. If person adulterate drug or alty. SECT. 2. If any person shall fraudulently adulterate, for medicine. Pen- the purpose of sale, any drug or medicine, in such a manner as to render the same injurious to health, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed. If person inoculate himself or other person with smallpox, to spread same. Penalty. If intoxicated physician prescribe poison, &c. Penalty. Apothecary delivering active poison without SECT. 3. If any person shall inoculate himself or any other person, or shall suffer himself to be inoculated with the smallpox, within this territory, with intent to cause the prevalence or spread of this infectious disease, he shall be punished by imprisonment in the territorial prison, not more than three years, nor less than one year. SECT. 4. If any physician or other person, while in a state of intoxication, shall prescribe any poison, drugs, or medicine, to any other person, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars. SECT. 5. Every apothecary, druggist, or other person who shall sell and deliver any arsenic, corrosive sublimate, prussic |