Laws of Everglade

THE CODE OF THE LAWS

OF

EVERGLADE TERRITORY

OF A GENERAL AND PERMANENT CHARACTER

IN FORCE

FEBRUARY 16, 1899

CONSOLIDATED, CODIFIED, SET FORTH, AND PUBLISHED IN 1899, IN THE FIRST YEAR OF THE TERRITORY, AT ITS FIRST SESSION BY THE FIRST LEGISLATURE.

CONTENTS

PREFACE……………………………………………………………………………….……………III

TABLE OF TITLES AND CHAPTER HEADINGS………………..…………….…..IV

TEXT OF STATUTES…………………………………………………………………………..V

PREFACE

This compilation contains the statutes and ordinances of the Territory of Everglade as of the year 1899. It is published for the convenience of all persons—officers of the court, attorneys, and citizens alike—who require reference to the established laws governing our Territory.

May this work serve to promote order and justice throughout Everglade.

TABLE OF TITLES AND CHAPTER HEADINGS

TITLE 2 – POLITICAL CODE

Chapter 1. Judicial Establishment.

§4.01. Authority.

1. The District Court of Everglade Territory must establish and promulgate Rules of Evidence and Court Rules of Procedure.
2. The District Court of Everglade Territory must establish, promulgate, and maintain State Bar licensure requirements.
3. The District Court of Everglade Territory may establish hiring practices and recruit Court officials.

§4.02. Structure.

1. The District Court of Everglade Territory shall consist of at least (3) judges, one of which shall serve as Chief Judge.

TITLE I

TITLE I — GENERAL PROVISIONS

CHAPTER I — DEFINITIONS AND GENERAL PROVISIONS

§1.01. Definitions

1. In this code:

1. “Act” means a bodily movement, whether voluntary or involuntary, and includes speech.
2. “Bodily injury” means physical pain, illness, or any impairment of physical condition.
3. “Deadly weapon” means:

1. a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
2. anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

4. “Government official” means a person elected, employed, or appointed as a government official under XXX or YYY
5. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
6. "Embezzlement" means the willful misappropriation, conversion to personal use, or theft of money, securities, or property belonging to a bank or financial institution by any officer, clerk, employee, or agent thereof
7. "Fraud" means knowingly obtaining money, property, or credit from any person or institution through false statements, forged documents, or willful misrepresentation of financial condition or ability to repay.
8. "Forgery" means the creation, alteration, or signing of any check, promissory note, bank draft, bill of exchange, or other financial instrument with intent to deceive another person.
9. "Confidence Scheme" means any fraudulent scheme or device whereby another person is induced to deliver money or property through false promises, representations, or pretenses.
10. "Financial Gain" means any money, goods, property, credit, or service obtained through dishonest or unlawful means.
11. "Business Record" means any ledger, account book, receipt, contract, or written record used in the operation of a lawful financial establishment.
12. "Officer" includes any director, president, cashier, bookkeeper, clerk, or employee of any bank or lending institution.
13. "Bribery" means the offer, promise, or giving of any valuable consideration to an officer of a financial institution with intent to influence his official acts.

§1.02. Territorial Jurisdiction

1. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:

1. either the conduct or a result that is an element of the offense occurs inside this state;
2. the conduct outside this state constitutes an attempt to commit an offense inside this state;
3. the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state

POLITICAL CODE

POLITICAL CODE

PENAL CODE

THE CODE OF THE LAWS

OF

EVERGLADE TERRITORY

OF A GENERAL AND PERMANENT CHARACTER

IN FORCE

JULY 25, 1899

CONSOLIDATED, CODIFIED, SET FORTH, AND PUBLISHED

IN 1899, IN THE FIRST YEAR OF THE TERRITORY,

AT ITS FIRST SESSION

BY THE FIRST LEGISLATURE

THE PENAL CODE

VOLUME III

CONTENTS

TITLE I — OF CRIMES AND PUNISHMENTS

Chapter I — Of Parties to Crime……………………………………………………………………………...§§ 101–106

Chapter II — Of Offenses Against the Person…………………………………………………………...§§ 201–217

Chapter III — Of Offenses Against Property……………………………………………………………..§§ 301–336

        Article I — Of Robbery……………………………………………………………………………………..§§ 301–313

        Article II — Of Theft…………………………………………………………………………………………§§ 314–323

        Article III — Of Injuries to Property…………………………………………………………………..§§ 324–330

        Article IV — Of Fraud and Forgery…………………………………………………………………….§§ 331–336

Chapter IV — Of Offenses Against Public Justice………………………………………………………§§ 401–419

Chapter V — Of Offenses Against the Public Peace…………………………………………………...§§ 501–515

Chapter VI — Of Offenses Against Public Morals and Decency…………………………………..§§ 601–611

Chapter VII — Of Offenses Against Public Ways and Works………………………………………§§ 701–708

TITLE I — OF CRIMES AND PUNISHMENTS

CHAPTER I — OF PARTIES TO CRIME

§ 101. Aiding and Abetting. Whosoever shall knowingly assist in the furtherance of a criminal act shall be deemed a party to that crime. Penalty (Felony): A fine of one hundred fifty dollars ($150) and imprisonment for a term of eight (8) months.

§ 102. Conspiracy to Commit a Crime. Whosoever shall agree with one or more persons to commit a crime, and shall commit an overt act in furtherance of that agreement, shall be guilty of conspiracy. Penalty (Misdemeanor): A fine of eighty dollars ($80) and imprisonment for a term of two (2) months.

§ 103. Solicitation. Whosoever shall command, encourage, or request another to commit any offense defined in this Code, with intent that such offense be committed, shall be guilty of solicitation, whether or not the offense be thereafter committed. Penalty (Misdemeanor): A fine of seventy-five dollars ($75) and imprisonment for a term of two (2) months.

§ 104. Accessory After the Fact. Whosoever, knowing that an offense has been committed, shall conceal the offender, destroy or hide the evidence thereof, or otherwise assist him with intent that he may escape arrest, trial, or punishment, shall be guilty as an accessory after the fact. Penalty (Misdemeanor): A fine of one hundred dollars ($100) and imprisonment for a term of four (4) months.

§ 105. Harboring a Fugitive. Whosoever shall shelter, conceal, or furnish horse, provisions, or money to any person against whom a warrant or bounty stands issued, with intent to aid his flight, shall be guilty of harboring a fugitive. Penalty (Misdemeanor): A fine of ninety dollars ($90) and imprisonment for a term of four (4) months.

§ 106. Attempt Generally. Whosoever shall do any act toward the commission of an offense defined in this Code, but shall fail in the perpetration thereof, or be prevented or intercepted therein, shall be guilty of an attempt, save where a particular attempted is elsewhere provided for. Penalty (Misdemeanor): One-half the fine and one-half the term of imprisonment prescribed for the completed offense.

CHAPTER II — OF OFFENSES AGAINST THE PERSON

§ 201. Capital Murder. Whosoever shall commit murder upon a peace officer, doctor, or judicial officer, or shall commit murder during the commission of a felony offense, shall be guilty of capital murder. Penalty (Capital Felony): A fine of four hundred fifty dollars ($450) and imprisonment for a term of twenty-five (25) months, or such capital punishment as the Court may lawfully impose.

§ 202. Murder. Whosoever shall unlawfully kill another person with malice aforethought shall be guilty of murder. Penalty (Felony): A fine of three hundred fifty dollars ($350) and imprisonment for a term of twenty (20) months.

§ 203. Attempted Capital Murder. Whosoever shall take an overt act in furtherance of the commission of capital murder as defined in § 201 shall be guilty of attempted capital murder. Penalty (Felony): A fine of two hundred twenty-five dollars ($225) and imprisonment for a term of twelve (12) months.

§ 204. Attempted Murder. Whosoever shall take an overt act in furtherance of the commission of murder as defined in § 202 shall be guilty of attempted murder. Penalty (Felony): A fine of one hundred seventy-five dollars ($175) and imprisonment for a term of ten (10) months.

§ 205. Manslaughter. Whosoever shall unlawfully kill another without malice aforethought, whether in the heat of passion or through reckless or culpably negligent conduct, shall be guilty of manslaughter. Penalty (Felony): A fine of one hundred twenty-five dollars ($125) and imprisonment for a term of ten (10) months.

§ 206. Aggravated Assault. Whosoever shall assault another with a firearm, knife, club, or other dangerous weapon, or shall inflict upon another any grievous bodily harm, shall be guilty of aggravated assault. Penalty (Felony): A fine of one hundred fifty dollars ($150) and imprisonment for a term of nine (9) months.

§ 207. Unarmed Assault. Whosoever shall strike, beat, or wound another with his hands or feet, or shall offer violence to the person of another without a weapon, shall be guilty of unarmed assault. Penalty (Misdemeanor): A fine of seventy-five dollars ($75) and imprisonment for a term of two (2) months.

§ 208. Assault Upon a Peace Officer. Whosoever shall assault any sheriff, deputy, marshal, or other peace officer then engaged in the discharge of his duty, knowing or having reason to know such fact, shall be guilty of assault upon a peace officer. Penalty (Felony): A fine of two hundred dollars ($200) and imprisonment for a term of twelve (12) months.

§ 209. Brandishing a Weapon. Whosoever shall draw, exhibit, or point any firearm or dangerous weapon in a rude, angry, or threatening manner, not in necessary self-defense, shall be guilty of brandishing a weapon. Penalty (Misdemeanor): A fine of fifty dollars ($50) and imprisonment for a term of one (1) month.

§ 210. Reckless Endangerment. Whosoever shall by conduct wanting in ordinary care place another in danger of death or grievous bodily harm shall be guilty of reckless endangerment. Penalty (Misdemeanor): A fine of seventy-five dollars ($75) and imprisonment for a term of three (3) months.

§ 211. Negligent Discharge. Whosoever shall discharge a firearm carelessly, or without due regard for the safety of others, shall be guilty of negligent discharge. Penalty (Misdemeanor): A fine of eighty dollars ($80) and imprisonment for a term of two (2) months.

§ 212. Hostage Taking and Kidnapping. Whosoever shall seize, confine, or carry away another against his will, or shall hold any person as hostage for ransom, reward, or the doing of any act, shall be guilty of kidnapping. Penalty (Felony): A fine of two hundred fifty dollars ($250) and imprisonment for a term of fifteen (15) months.

§ 213. Unlawful Restraint. Whosoever shall detain or restrain another of his liberty without lawful authority, in a manner not amounting to kidnapping, shall be guilty of unlawful restraint. Penalty (Misdemeanor): A fine of seventy-five dollars ($75) and imprisonment for a term of three (3) months.

§ 214. Harassment. Whosoever shall repeatedly follow, accost, insult, or threaten another, to his alarm or annoyance and without lawful purpose, shall be guilty of harassment. Penalty (Infraction): A fine of seventy-five dollars ($75).

§ 215. Dueling. Whosoever shall send or accept a challenge to fight with deadly weapons, or shall act as second or bearer of such challenge, shall be guilty of dueling, though no meeting take place. Penalty (Felony): A fine of one hundred dollars ($100) and imprisonment for a term of five (5) months.

CHAPTER III — OF OFFENSES AGAINST PROPERTY

Article I — Of Robbery

§ 301. Robbery of a Person or Property. Whosoever shall take the property of another from his person or immediate presence, against his will, by violence or by putting him in fear, shall be guilty of robbery. Penalty (Felony): A fine of two hundred fifty dollars ($250) and imprisonment for a term of ten (10) months.

§ 302. Armed Robbery of a Person or Property. Whosoever shall commit robbery while armed with a firearm, knife, or other dangerous weapon, or while displaying such weapon, shall be guilty of armed robbery. Penalty (Felony): A fine of three hundred dollars ($300) and imprisonment for a term of thirteen (13) months.

§ 303. Highway Robbery. Whosoever shall commit robbery upon any public road, trail, or ferry, or shall stop any traveler thereon and demand his property, shall be guilty of highway robbery. Penalty (Felony): A fine of two hundred seventy-five dollars ($275) and imprisonment for a term of twelve (12) months.

§ 304. Robbery of a Store. Whosoever shall commit robbery upon any store, shop, saloon, freight wagon, or stagecoach, or upon the keeper or driver thereof, shall be guilty of robbery of a store or wagon. Penalty (Felony): Where committed upon a store, shop, or saloon, a fine of two hundred fifty dollars ($250) and imprisonment for ten (10) months; where upon a freight wagon or stagecoach, a fine of one hundred fifty dollars ($150) and imprisonment for eight (8) months.

§ 305. Armed Robbery of a Store. Whosoever shall commit the offense defined in § 304 while armed with a firearm, knife, or other dangerous weapon shall be guilty of armed robbery of a store. Penalty (Felony): A fine of three hundred dollars ($300) and imprisonment for a term of thirteen (13) months.

§ 306. Robbery of a Wagon. Whosoever shall commit robbery upon any freight wagon, or stagecoach, or upon the keeper or driver thereof, shall be guilty of robbery of a wagon. Penalty (Felony): Where committed upon a store, shop, or saloon, a fine of two hundred ($200) and imprisonment for eight (8) months.

§ 307. Armed Robbery of a Wagon. Whosoever shall commit the offense defined in § 305 while armed with a firearm, knife, or other dangerous weapon shall be guilty of armed robbery of a wagon. Penalty (Felony): A fine of three hundred dollars ($300) and imprisonment for a term of thirteen (13) months.

§ 308. Robbery of a Bank, Oil Field, or Mine. Whosoever shall commit robbery upon any financial institution, or upon any officer or clerk thereof, shall be guilty of robbery of a bank. Penalty (Felony): Where committed upon a bank, assay office, or depository, a fine of four hundred dollars ($350) and imprisonment for fifteen (12) months.

§ 309. Armed Robbery of a Bank, Oil Field, or Mine. Whosoever shall commit the offense defined in § 306 while armed with a firearm, knife, or other dangerous weapon shall be guilty of armed robbery of a bank or fort. Penalty (Felony): A fine of four hundred twenty-five dollars ($400) and imprisonment for a term of twenty (15) months.

§ 310. Robbery of a Train. Whosoever shall commit robbery upon any railway train, express car, or passenger thereon, or shall stop or board any train with intent to rob, shall be guilty of robbery of a train. Penalty (Felony): A fine of three hundred fifty dollars ($350) and imprisonment for a term of fifteen (15) months.

§ 311. Armed Robbery of a Train. Whosoever shall commit the offense defined in § 310 while armed with a firearm, knife, or other dangerous weapon shall be guilty of armed robbery of a train. Penalty (Felony): A fine of four hundred twenty-five dollars ($400) and imprisonment for a term of fifteen (15) months.

§ 310. Assault With Intent to Rob. Whosoever shall assault another with intent to rob him, but shall take no property, shall be guilty of assault with intent to rob. Penalty (Felony): A fine of one hundred twenty-five dollars ($125) and imprisonment for a term of seven (7) months.

§ 311. Attempted Robbery. Whosoever shall do any act toward the commission of any robbery defined in this Article, but shall fail in the perpetration thereof, or be prevented or intercepted therein, shall be guilty of attempted robbery. Penalty (Felony): One-half the fine and one-half the term of imprisonment prescribed for the completed offense.

§ 312. Extortion. Whosoever shall obtain the property of another, or the signature of another to any writing, by threat of future injury to his person, property, or reputation, or by threat to accuse him of a crime, shall be guilty of extortion. Penalty (Felony): A fine of one hundred fifty dollars ($150) and imprisonment for a term of nine (9) months.

§ 313. Going Armed With Intent to Rob. Whosoever shall lie in wait upon any road, or shall go masked or disguised, with intent to commit robbery, shall be guilty of going armed with intent to rob. Penalty (Felony): A fine of one hundred dollars ($100) and imprisonment for a term of five (5) months.

Article II — Of Theft

§ 314. Grand Larceny. Whosoever shall take and carry away the property of another, of value exceeding fifty dollars ($50), with intent to deprive the owner thereof, shall be guilty of grand larceny. Penalty (Felony): A fine of one hundred fifty dollars ($150) and imprisonment for a term of eight (8) months.

§ 315. Petit Larceny. Whosoever shall commit the offense defined in § 314, where the value of the property taken be fifty dollars ($50) or less, shall be guilty of petit larceny. Penalty (Misdemeanor): A fine of fifty dollars ($50) and imprisonment for a term of two (2) months.

§ 316. Horse Stealing. Whosoever shall steal, take, or lead away any horse, mule, or ass, the property of another, shall be guilty of horse stealing. Penalty (Felony): A fine of two hundred fifty dollars ($250) and imprisonment for a term of fifteen (15) months.

§ 317. Cattle Rustling. Whosoever shall drive away, take, or slaughter any cattle, sheep, hogs, or other livestock, the property of another, shall be guilty of cattle rustling. Penalty (Felony): A fine of two hundred twenty-five dollars ($225) and imprisonment for a term of thirteen (13) months.

§ 318. Burglary. Whosoever shall break and enter any dwelling house, store, office, railway car, or outbuilding of another, with intent to commit any offense therein, shall be guilty of burglary. Penalty (Felony): A fine of one hundred seventy-five dollars ($175) and imprisonment for a term of ten (10) months.

§ 319. Receiving Stolen Property. Whosoever shall buy, receive, or conceal any property, knowing the same to have been stolen, shall be guilty of receiving stolen property. Penalty (Felony): A fine of one hundred dollars ($100) and imprisonment for a term of five (5) months.

§ 320. Embezzlement. Whosoever, being entrusted with the money or property of another by virtue of his employment or office, shall convert the same to his own use, shall be guilty of embezzlement. Penalty (Felony): A fine of one hundred twenty-five dollars ($125) and imprisonment for a term of seven (7) months.

§ 321. Poaching. Whosoever shall hunt, trap, or fish upon the enclosed land of another without leave, or shall take any game contrary to the law of the Territory, shall be guilty of poaching. Penalty (Misdemeanor): A fine of forty dollars ($40) and imprisonment for a term of one (1) month.

Article III — Of Injuries to Property

§ 322. Arson. Whosoever shall willfully set fire to or burn any dwelling house, building, wagon, railway car, stack of hay or grain, or other property of another, shall be guilty of arson. Penalty (Felony): A fine of two hundred fifty dollars ($250) and imprisonment for a term of fourteen (14) months.

§ 323. Destruction of Property. Whosoever shall willfully injure, deface, or destroy the property of another, or of the Territory, shall be guilty of destruction of property. Penalty (Misdemeanor): A fine of seventy-five dollars ($75) and imprisonment for a term of three (3) months.

§ 324. Injury to or Killing of Livestock. Whosoever shall willfully injure, maim, or kill the horse, mule, cattle, or other domestic animal of another shall be guilty of injury to livestock. Penalty (Felony): A fine of one hundred twenty-five dollars ($125) and imprisonment for a term of seven (7) months.

§ 325. Poisoning of Wells or Livestock. Whosoever shall place poison in any well, spring, water hole, or trough, or upon any range or pasture, or shall administer poison to the livestock of another, shall be guilty of poisoning of wells or livestock. Penalty (Felony): A fine of two hundred fifty dollars ($250) and imprisonment for a term of fifteen (15) months.

§ 326. Trespassing. Whosoever shall enter upon the enclosed land, dwelling, or premises of another without leave, or having entered lawfully shall refuse to depart upon demand of the owner or occupant, shall be guilty of trespassing. Penalty (Misdemeanor): A fine of one hundred dollars ($100) and imprisonment for a term of one (1) month.

CHAPTER IV — OF OFFENSES AGAINST PUBLIC JUSTICE

§ 401. Bribery of a Government Official. Whosoever shall give, offer, or promise any money, property, or advantage to a peace officer, judicial officer, juror, or other officer of the Territory, with intent to influence his official act, shall be guilty of bribery. Penalty (Felony): A fine of one hundred fifty dollars ($150) and imprisonment for a term of eight (8) months.

§ 402. Accepting a Bribe. Whosoever, being an officer of the Territory, shall ask, receive, or agree to receive any money, property, or advantage upon an understanding that his official act shall be influenced thereby, shall be guilty of accepting a bribe. Penalty (Felony): A fine of one hundred seventy-five dollars ($175) and imprisonment for a term of ten (10) months.

§ 403. Official Misconduct. Whosoever, being an officer of the Territory, shall willfully neglect the duties of his office, or shall under color of his office commit any unlawful act, shall be guilty of official misconduct. Penalty (Felony): A fine of one hundred fifty dollars ($150) and imprisonment for a term of eight (8) months.

§ 404. Unlawful Arrest or Detention. Whosoever, being a peace officer, shall arrest any person without warrant and without probable cause, or shall hold any person in custody beyond the time allowed by law without bringing him before the Court, shall be guilty of unlawful arrest. Penalty (Felony): A fine of one hundred twenty-five dollars ($125) and imprisonment for a term of six (6) months.

§ 405. Extortion Under Color of Office. Whosoever, being an officer of the Territory, shall demand or receive any fee, fine, or payment not allowed by law, or shall threaten arrest or prosecution to obtain the same, shall be guilty of extortion under color of office. Penalty (Felony): A fine of two hundred dollars ($200) and imprisonment for a term of eleven (11) months.

§ 406. Impersonation of a Government Official. Whosoever shall falsely represent himself to be a peace officer, judicial officer, or other officer of the Territory, or shall wear the badge or insignia thereof without authority, shall be guilty of impersonation. Penalty (Felony): A fine of one hundred twenty-five dollars ($125) and imprisonment for a term of seven (7) months.

§ 407. Perjury. Whosoever, having taken an oath before the Court or any officer authorized to administer the same, shall willfully swear falsely as to any material matter, shall be guilty of perjury. Penalty (Felony): A fine of two hundred dollars ($200) and imprisonment for a term of five (5) months.

§ 408. Subornation of Perjury. Whosoever shall procure or induce another to commit perjury shall be guilty of subornation of perjury. Penalty (Felony): A fine of two hundred dollars ($200) and imprisonment for a term of  five (5) months.

§ 409. Providing False Information. Whosoever shall give a false name, or a false account of any matter, to a peace officer or to the Court, not being under oath, shall be guilty of providing false information. Penalty (Misdemeanor): A fine of fifty dollars ($50) and imprisonment for a term of two (2) months.

§ 410. Obstruction of Justice. Whosoever shall hinder, delay, or interfere with any peace officer or officer of the Court in the discharge of his duty, or shall conceal, destroy, or alter any evidence, shall be guilty of obstruction of justice. Penalty (Misdemeanor): A fine of one hundred dollars ($100) and imprisonment for a term of four (4) months.

§ 411. Jury Tampering. Whosoever shall attempt by persuasion, threat, or reward to influence any juror in respect of his verdict, or shall communicate with a juror concerning a cause then pending, shall be guilty of jury tampering. Penalty (Felony): A fine of one hundred seventy-five dollars ($175) and imprisonment for a term of ten (10) months.

§ 412. Witness Intimidation. Whosoever shall by threat, force, or bribe induce or attempt to induce any witness to absent himself, or to testify falsely, or to withhold his testimony, shall be guilty of witness intimidation. Penalty (Felony): A fine of one hundred seventy-five dollars ($175) and imprisonment for a term of ten (10) months.

§ 413. Contempt. Whosoever shall disobey any lawful order, process, or subpoena of the Court, or shall misbehave in the presence of the Court so as to obstruct the administration of justice, shall be guilty of contempt. Penalty (Misdemeanor): A fine of seventy dollars ($70) and imprisonment for a term of one (1) month.

§ 414. Failure to Appear. Whosoever, having been released upon his own recognizance or upon bond, and having been duly notified of the time and place appointed, shall willfully fail to appear before the Court as required, shall be guilty of failure to appear; and the Court shall declare the recognizance forfeit and issue its bench warrant for his arrest. Penalty (Misdemeanor): A fine of two hundred dollars ($200) and imprisonment for a term of three (3) months.

§ 415. Escaping from Custody. Whosoever, being lawfully arrested, confined, or held under process, shall escape or attempt to escape from such custody, shall be guilty of escape. Penalty (Felony): A fine of two hundred dollars ($200) and imprisonment for a term of ten (10) months.

§ 416. Aiding an Escape. Whosoever shall aid any prisoner to escape, or shall convey into any jail any weapon, tool, or instrument with intent to facilitate an escape, shall be guilty of aiding an escape. Penalty (Felony): A fine of one hundred fifty dollars ($150) and imprisonment for a term of eight (8) months.

§ 417. Rescue of a Prisoner. Whosoever shall by force take or attempt to take any prisoner from the custody of a peace officer or from any jail shall be guilty of rescue of a prisoner. Penalty (Felony): A fine of two hundred dollars ($200) and imprisonment for a term of twelve (12) months.

§ 418. Evading or Resisting Arrest. Whosoever shall flee from, resist, or oppose any peace officer in the making of a lawful arrest shall be guilty of evading or resisting arrest. Penalty (Misdemeanor): A fine of one hundred dollars ($100) and imprisonment for a term of three (3) months.

§ 419. Disregarding a Lawful Order. Whosoever shall refuse or neglect to obey any lawful command of a peace officer given in the discharge of his duty shall be guilty of disregarding a lawful order. Penalty (Misdemeanor): A fine of forty dollars ($40) and imprisonment for a term of one (1) month.

CHAPTER V — OF OFFENSES AGAINST THE PUBLIC PEACE

§ 501. Rioting and Terrorism. Whosoever, being one of three or more persons assembled together, shall act in a violent or tumultuous manner to the terror of the people, or shall commit any act of violence with intent to strike terror into the inhabitants of the Territory, shall be guilty of rioting. Penalty (Felony): A fine of two hundred dollars ($200) and imprisonment for a term of twelve (12) months.

§ 502. Unlawful Assembly. Whosoever shall assemble with two or more others with intent to commit any unlawful act, or shall refuse to disperse upon lawful command, shall be guilty of unlawful assembly. Penalty (Misdemeanor): A fine of sixty dollars ($60) and imprisonment for a term of two (2) months.

§ 503. Mob Action and Lynching. Whosoever shall assemble with others for the purpose of taking any prisoner from lawful custody, or of inflicting punishment upon any person without due process of law, shall be guilty of mob action; and where death results, the offender shall be dealt with under § 201. Penalty (Felony): A fine of three hundred dollars ($300) and imprisonment for a term of eighteen (18) months.

§ 504. Disorderly Conduct. Whosoever shall fight, brawl, use loud or profane language, or otherwise disturb the peace and quiet of any place shall be guilty of disorderly conduct. Penalty (Infraction): A fine of seventy-five dollars ($75).

§ 505. Public Intoxication. Whosoever shall be found intoxicated in any public place, to the annoyance of others or to his own peril, shall be guilty of public intoxication. Penalty (Infraction): A fine of twenty dollars ($20).

§ 506. Facial Obstruction. Whosoever shall appear masked, hooded, or disguised in any public place, with intent to conceal his identity, shall be guilty of facial obstruction. Penalty (Infraction): A fine of twenty-five dollars ($25).

§ 507. Discharging a Firearm Within Town Limits. Whosoever shall discharge any firearm within the limits of any town, save in necessary self-defense or by lawful authority, shall be guilty of discharging a firearm within town limits. Penalty (Misdemeanor): A fine of fifty dollars ($50) and imprisonment for a term of two (2) months.

§ 508. Loitering. Whosoever shall linger or remain about any street, alley, storefront, or public place without lawful business, after being warned to move on, shall be guilty of loitering. Penalty (Infraction): A fine of twenty dollars ($20).

§ 510. Vagrancy. Whosoever, being able-bodied and without visible means of support, shall wander about the Territory with no lawful occupation, and shall refuse to labor when work be offered, shall be guilty of vagrancy. Penalty (Misdemeanor): A fine of forty dollars ($40) and imprisonment for a term of one (1) month.

§ 511. Littering. Whosoever shall cast or leave any refuse, offal, carcass, or rubbish upon any street, lot, or public way shall be guilty of littering. Penalty (Infraction): A fine of thirty dollars ($30).

§ 512. Impeding Traffic Flow. Whosoever shall stand, stop, or leave any horse, wagon, or article so as to obstruct the free passage of any street, road, or walk shall be guilty of impeding traffic. Penalty (Infraction): A fine of twenty-five dollars ($25).

§ 513. Speeding in Town. Whosoever shall ride or drive any horse or vehicle at a gallop, or at an immoderate speed, through the streets of any town shall be guilty of speeding in town. Penalty (Infraction): A fine of thirty-five dollars ($35).

§ 514. Failure to Hitch. Whosoever shall leave any horse, mule, or team standing upon a public way without being securely hitched or attended shall be guilty of failure to hitch. Penalty (Infraction): A fine of fifteen dollars ($15).

CHAPTER VI — OF OFFENSES AGAINST PUBLIC MORALS AND DECENCY

§ 601. Keeping a House of Ill Fame. Whosoever shall keep, maintain, or let any house, room, or place for purposes of prostitution or lewdness shall be guilty of keeping a house of ill fame. Penalty (Felony): A fine of one hundred fifty dollars ($150) and imprisonment for a term of five (5) months.

§ 602. Soliciting Prostitution. Whosoever shall offer or agree to commit prostitution, or shall solicit another for that purpose, shall be guilty of soliciting prostitution. Penalty (Misdemeanor): A fine of forty dollars ($40) and imprisonment for a term of one (1) month.

§ 603. Patronizing a House of Ill Repute. Whosoever shall enter or remain in any house of ill fame for purposes of prostitution or lewdness shall be guilty of patronizing a house of ill repute. Penalty (Misdemeanor): A fine of thirty dollars ($30) and imprisonment for a term of one (1) month.

§ 604. Indecent Exposure. Whosoever shall expose his person in any public place, or in the view of any public place, shall be guilty of indecent exposure. Penalty (Misdemeanor): A fine of forty dollars ($40) and imprisonment for a term of one (1) month.

§ 605. Manufacture of Contraband. Whosoever shall distill, brew, compound, or otherwise manufacture any liquor, drug, or substance the making of which is forbidden by law of the Territory shall be guilty of manufacture of contraband. Penalty (Felony): A fine of two hundred seventy-five dollars ($275) and imprisonment for a term of ten (10) months.

§ 606. Distribution of Illegal Contraband. Whosoever shall sell, barter, give, or offer to another any contraband article shall be guilty of distribution of contraband. Penalty (Felony): A fine of two hundred fifty dollars ($250) and imprisonment for a term of ten (10) months.

§ 607. Possession of Illegal Contraband. Whosoever shall have in his possession or under his control any contraband article shall be guilty of possession of contraband. Penalty (Misdemeanor): A fine of thirty-five dollars ($35) and imprisonment for a term of one (1) month.

§ 608. Keeping a Gaming House Without License. Whosoever shall keep or conduct any game of chance for money, or any house or room wherein such games are played, without license first obtained, shall be guilty of keeping a gaming house. Penalty (Misdemeanor): A fine of eighty dollars ($80) and imprisonment for a term of three (3) months.

§ 609. Cruelty to Domesticated Animals. Whosoever shall overdrive, overload, torture, beat, mutilate, or cruelly work any domestic animal, or shall deprive the same of necessary food, drink, or shelter, shall be guilty of cruelty to animals. Penalty (Misdemeanor): A fine of fifty dollars ($50) and imprisonment for a term of two (2) months.

§ 610. Desecration of a Grave. Whosoever shall open any grave, remove any body or the effects buried therewith, or deface any monument or place of burial, shall be guilty of desecration of a grave. Penalty (Felony): A fine of one hundred dollars ($100) and imprisonment for a term of five (5) months.

§ 611. Practicing Medicine or Law Without a License. Whosoever shall hold himself out as a physician, surgeon, or attorney, or shall practice either calling for fee or reward, without license first obtained from the Territory, shall be guilty of practicing without a license. Penalty (Misdemeanor): A fine of one hundred fifty dollars ($150) and imprisonment for a term of two (2) months.

CHAPTER VII — OF OFFENSES AGAINST PUBLIC WAYS AND WORKS

§ 701. Obstructing a Railroad Track. Whosoever shall place any obstruction upon the track of any railway, or shall displace, loosen, or remove any rail, tie, switch, or bridge timber thereof, shall be guilty of obstructing a railroad track. Penalty (Felony): A fine of two hundred dollars ($200) and imprisonment for a term of twelve (12) months.

TITLE II — OF CRIMINAL PROCEDURE

CIVIL CODE

CIVIL CODE

CHAPTER I — OF MARRIAGE

§ 101. Who May Marry. Marriage is a civil contract between one man and one woman capable of consenting. Any male of eighteen (18) years and any female of sixteen (16) years may marry. Those under such age may marry only with the written consent of a parent or guardian.

§ 102. Marriage by License. A marriage may be solemnized upon a license obtained from the clerk of the court, by any judge, justice of the peace, or ordained minister, before two (2) witnesses.

§ 103. Marriage by Common Law. Whosoever, being free to marry, shall agree with another to be husband and wife, and shall thereafter live together and hold themselves out to the public as married, shall be deemed lawfully married, though no license was obtained nor ceremony performed.

§ 104. Void Marriages. The following marriages are void from the beginning, and need no decree to dissolve them:

(a) Any marriage where either party has a husband or wife then living;     (b) Any marriage between close kin, being nearer than second cousins.

§ 105. Voidable Marriages. A marriage may be annulled upon suit of the injured party where, at the time of marriage, either party was under the age of consent, of unsound mind, or was brought to consent by force or fraud. Such a marriage remains valid until annulled by the Court.

CHAPTER II — OF DIVORCE

§ 201. Petition for Divorce. The District Court may dissolve a marriage upon the petition of the injured party, who must have resided within the Territory for not less than six (6) months.

§ 202. Grounds for Divorce. A divorce may be granted for any of the following causes, and no other:

(a) Adultery — that the other spouse committed adultery after the marriage.

(b) Desertion — that the other spouse wilfully deserted for the space of one (1) year.

(c) Cruelty — that the other spouse inflicted such bodily or mental cruelty as to make living together unsafe or intolerable.

(d) Habitual Drunkenness — that the other spouse became a habitual drunkard after the marriage.

(e) Neglect — that the husband, being able, wilfully failed to provide for his wife for the space of one (1) month.

§ 203. Bar to Divorce. No divorce shall be granted where the petitioner is guilty of the same offense charged, or where the offense was forgiven and the parties freely resumed living together.

§ 204. Decree. Upon proof of any ground, the Court shall decree the divorce, restore the parties to unmarried standing, and make such orders as to alimony, property, and children as justice requires.

CHAPTER III — OF ALIMONY AND PROPERTY

§ 301. Support During Suit. While a divorce suit is pending, the Court may order the husband to pay the wife such sum as is needed for her support and the cost of the suit.

§ 302. Alimony. Upon granting a divorce, the Court may order the party at fault to support the injured party, by a sum in gross or by installments, having regard to the means and conduct of each.

§ 303. Division of Property. The Court shall divide the property of the parties as appears just, having regard to what each brought to or contributed to the marriage, and to whose fault the divorce was owing.

§ 304. Change or End of Alimony. The Court may alter any allowance of alimony upon a change of circumstances. All alimony paid in installments ends upon the remarriage of the one receiving it, or upon the death of either party, unless the decree provides otherwise.

CITY ORDINANCES

BLACKWATER ORDINANCES

SAINT DENIS ORDINANCES

TOWN ORDINANCES

VALENTINE ORDINANCES

TUMBLEWEED ORDINANCES

Fed. Constitution

Article IV

Article IV  

• Section 3 New States and Federal Property

• Clause 2 Territory and Other Property
• The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Bill of Rights

Bill of Rights

Congrefs OF THE United States,

Began and held at the City of New York, on

Wednesday, the fourth of March, one thousand seven hundred and eighty nine.

First Amendment (1791) —

Second Amendment (1791) —

Fourth Amendment (1791) —

Fifth Amendment (1791) —

Sixth Amendment (1791) —

Eighth Amendment (1791) —

U.S. Code

THE CODE OF THE LAWS

OF THE

UNITED STATES OF AMERICA

OF A GENERAL AND PERMANENT CHARACTER

IN FORCE

MARCH 4, 1899

CONSOLIDATED, CODIFIED, SET FORTH, AND PUBLISHED IN 1899, IN THE ONE HUNDRED AND TWENTY-THIRD YEAR OF THE REPUBLIC, AT ITS FIRST SESSION BY THE FIFTY-SIXTH CONGRESS

EVERGLADE TERRITORY ORGANIC ACT

SEC 1. That the executive power of the Territory of Everglade shall be vested in a governor, who shall hold office for four years, and until a successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory; shall be commander-in-chief of the militia thereof; he may grant pardons for offenses against the laws of said Territory, and reprieves for offenses -against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed.

SEC 2. That the legislative power and authority of said Territory shall be vested in the governor and legislative assembly.

SEC 3. Every bill which shall have passed the council and the house of representatives of said Territory shall, before it becomes a law, be presented to the governor of the Territory. If he approve he shall sign it, but if not, he shall return it with his objections to the house in which it originated,

         SEC 4. That the judicial power of said Territory shall be vested in a district court. The district court shall consist of a chief-judge and two associate judges, any two of whom shall constitute a quorum. The jurisdiction of the several courts herein provided for, both appellate and original. The supreme court shall define said judicial districts, and shall fix the times and places at each county seat in each district where the district court shall be held and designate the judge who shall preside therein. Each of the said courts shall have and exercise, exclusive of any court heretofore established, the same jurisdiction over all cases arising under the Constitution and laws of the United States as is vested in the circuit and district courts of the United States. In addition to the jurisdiction otherwise conferred by this act said courts shall have and exercise exclusive original jurisdiction over all offenses against the laws of the United States committed within Indian Territory.

FEDERAL JUDICIARY ACT

SEC 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the supreme court of the United States shall consist of a chief justice and five associate justices[….]

SEC 2. And be it further enacted, That the United States shall be, and they hereby are divided into fourteen districts, to be limited and called as follows, to wit: one to consist of that part of the State of Massachusetts which lies easterly of the State of New Hampshire, and to be called Maine District; one to consist of the State of New Hampshire, and to be called New Hampshire District; one to consist of the remaining part of the State of Massachusetts, and to be called Massachusetts district; one to consist of the State of Connecticut, and to be called Connecticut District; one to consist of the State of New York, and to be called New York District; one to consist of the State of New Jersey, and to be called New Jersey District; one to consist of the State of Pennsylvania, and to be called Pennsylvania District; one to consist of the State of Delaware, and to be called Delaware District; one to consist of the State of Maryland, and to be called Maryland District; one to consist of the State of Virginia, except that part called the District of Kentucky, and to be called Virginia District; one to consist of the remaining part of the State of Virginia, and to be called Kentucky District; one to consist of the State of South Carolina, and to be called South Carolina District; one to consist of the State of Georgia, and to be called Georgia District; and one to consist of the District of Everglade.

SEC 3. And be it further enacted, that there be a court called a District Court, in each of the aforementioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and shall be called a District Judge[....]

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SEC 7. And be it [further] enacted, That the Supreme Court, and the district courts shall have power to appoint clerks for their respective courts, and that the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the following oath or affirmation, to wit: "I, A. B., being appointed clerk of , do solemnly swear, or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God." Which words, so help me God, shall be omitted in all cases where an affirmation is admitted instead of an oath. And the said clerks shall also severally give bond, with sufficient sureties, (to be approved of by the Supreme and district courts respectively) to the United States, in the sum of two thousand dollars, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments and determinations of the court of which he is clerk.

SEC 8. And be it further enacted, That the justices of the Supreme Court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit: "I, A. B., do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution, and laws of the United States. So help me God."

[....]    

SEC 27. And be it further enacted, That a marshal shall be appointed in and for each district for the term of four years, but shall be removable from office at pleasure, whose duty it shall be to attend the district and circuit courts when sitting therein, and also the Supreme Court in the District in which that court shall sit. And to execute throughout the district, all lawful precepts directed to him, and issued under the authority of the United States, and he shall have power to command all necessary assistance in the execution of his duty, and to appoint as there shall be occasion, one or more deputies, who shall be removable from office by the judge of the district court, or the circuit court sitting within the district, at the pleasure of either; and before he enters on the duties of his office, he shall become bound for the faithful performance of the same, by himself and by his deputies before the judge of the district court to the United States, jointly and severally, with two good and sufficient sureties, inhabitants and freeholders of such district, to be approved by the district judge, in the sum of twenty thousand dollars, and shall take before said judge, as shall also his deputies, before they enter on the duties of their appointment, the following oath of office: "I, A. B., do solemnly swear or affirm, that I will faithfully execute all lawful precepts directed to the marshal of the district of ... under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marshal (or marshals deputy, as the case may be) of the district of ... , during my continuance in said office, and take only my lawful fees. So help me God."

SEC 28. And be it further enacted, That in all causes wherein the marshal or his deputy shall be a party, the writs and precepts therein shall be directed to such disinterested person as the court, or any justice or judge thereof may appoint, and the person so appointed, is hereby authorized to execute and return the same. And in case of the death of any marshal, his deputy or deputies shall continue in office, unless otherwise specially removed; and shall execute the same in the name of the deceased, until another marshal shall be appointed and sworn: And the defaults or misfeasances in office of such deputy or deputies in the mean time, as well as before, shall be adjudged a breach of the condition of the bond given, as before directed, by the marshal who appointed them; and the executor or administrator of the deceased marshal shall have like remedy for the defaults and misfeasances in office of such deputy or deputies during such interval, as they would be entitled to if the marshal had continued in life and in the exercise of his said office, until his successor was appointed, and sworn or affirmed: And every marshal or his deputy when removed from office, or when the term for which the marshal is appointed shall expire, shall have power notwithstanding to execute all such precepts as may be in their hands respectively at the time of such removal or expiration of office; and the marshal shall be held answerable for the delivery to his successor of all prisoners which may be in his custody at the time of his removal, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody until his successor shall be appointed and qualified as the law directs.

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SEC 35. And be it further enacted, That in all courts of the United States, the parties may plead and manage their own causes personally or by assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein. And there shall be appointed in each district a meet person learned in the law to act as attorney for the United States in such district, who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all delinquents for crimes and offences, cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned, except before the supreme court in the district in which that court shall be holden. And he shall receive as compensation for his services such fees as shall be taxed therefor in the respective courts before which the suits or prosecutions shall be. And there shall also be appointed a meet person, learned in the law, to act as attorney-general for the United States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compensation for his services as shall by law be provided.

Frederick Augustus Muhlenberg, Speaker of the House of Representatives

John Adams, Vice-President of the United States, and President of the Senate

APPROVED, September the Twenty fourth, 1789.

George Washington, President of the United States