Page:United States Statutes at Large Volume 25.djvu/832

FIFTIETH CONGRESS. Sess. II. Ch. 333. 1889. 787 issued or_ prosecution commenced or suit instituted before the pas- P°¤di¤¤= mlsés- sage of this act shall be in any way affected by the provisions thereof. Sec. 19. That the judge of the eastern judicial district of the State Clerk M Parisof Texas shall appoint a clerk of said court, who shall reside at the city of Paris, in the county of Lamar. _ Sec. 20. That every person who shall, in the Indian Territory, will- Punishment m Ou fully and maliciously place any obstruction, by stones, logs, or any ,Sf,Q“,§i“g’ ‘*°°‘* ’““` other thing, on the track of any railroad, or shall tear up or remove, I burn, or destroy any part of any such railroad, or the works thereof, with intent to obstruct the passage of any engine, car, or cars thereon. or to throw them off the track, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be sentenced to imprisonment at hard labor for any time not more than twenty years: . Provided, That if any passenger, employee, or other person shall be P*<¤¤=¥*¤· killed, either directly or indirectly, because of said obstruction, tearing up, removing, burning, or destroying, the person causing the same shall be deemed guilty of murder, and, upon conviction thereof, T9 be ¤=¤¤i¤r¤¤ ¤c- shall be punished accordingly. °°S’°m°g dmm Sec. 21. That any person aforesaid who shall, in the Indian Ter- _ Punishment for iu. ‘ ritory, willfully and intentionally destroy, injure or obstruct any tele- l{§§Q°t°l€gr”‘ph·°°°‘* graph ortelephone line, or any of the property or materials thereof, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be fined in any sum not more than nve hundred dollars and imprisoned for any time not more than one year. SEO. 22. That every person aforesaid who shall, in the Indian Ter- t Pgpishmgqt for disritory, maliciously or cont emptuousl disturb or disquiet any con- siiiplngm g1°°Sw°r` gregation or private family assembled, in any church or other place or religious Worship, or persons assembled for the transaction of church business, by profanely swearing or using indecent gestures, threatening language, or committing any violence of any kind to or upon any person so assembled, or bly using any language or acting in any manner that is calculated to isgust, insult, or interrupt sai congregation, shall, upon conviction thereof. be sentenced to imprisonment for any time not exceeding sixty days, or to a une not exceeding one hundred dollars, or both such fine and imprisonment. Sec. That every erson aforesaid who shall, in the Indian coun- mipnistnjeqr for astry, feloniously, willfully, and with malice aforethought assault any roll W mem t° person with intent to rob, and his counselors, aiders, and abettors, shall, on conviction thereof, be imprisoned at hard labor for atime not less than one nor more than fifteen years. Sec. 24. That eirery person who shall, in the Indian Territory, rumsnmem for sn. knowingly mark, brand, or alter the mark or brand of any animal f,§Q,‘f*’°“'“'““' "`°*" the subject of larency, the property of another, or who sha 1 knowin ly administer any poison to or maliciously expose any poisonous substance with the intent that the same sha] be taken by any of the aforesaid animals, or shall willfully and maliciously, by any means whatsoever, kill, maim, or wound any of the aforesaid animals, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be sentenced to imprisonment for a period of not more than six months, or a fine of not more than two hundred dollars, or both such fine and imprisonment; and in case the animal shall have been killed or injured by said malicious mischief, the jury trying the case shall assess the amount of damages which the owner of the animal shall have sustained by reason thereof, and, in addition to the sentence aforesaid, the court shall render judgment in favorof the party injured for threefold the amount of t ie damages so assessed by the jury, for which said amount execution may issue against the defendant and his property. _ _ Sec. 25. That if any person, in the Indian country, assault another mmnsmeuu for uawith a deadly weapon, instrument, or other thing, with an intent to ' inflict upon the person of another a bodily injury where no considerable provocation appears, or where the circumstances of the assault