Page:1862-63 Territory of Dakota Session Laws.pdf/96

Rh to the county treasury of the county where the conviction was had, unless otherwise provided by law.

Sec. 14. The plea of benefit of clergy, and the distinction between murder and petit treason, are abolished, and the last named offense shall be prosecuted and punished as murder in the second degree.

Sec. 15. Where any duty is or shall be enjoined by law, upon any public officer, or upon any person holding any public trust or employment, every willful neglect to performı such duty, and every misbehavior in office where no special provisions shall have been made for the punishment of such delinquency or malfeasance, shall be a misdemeanor punishable by fine and imprisonment.

Sec. 16. Every person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof shall, in cases where no provision is made by law for the punishment of such attempt, be punished as follows:

1. If the offense attempted to be committed, be such as is punishable by death of the offender, the person convicted of such attempt shall be punished by imprisonment in the territorial prison not exceeding ten years.

2. If the offense so attempted, be punishable by imprisonment in the territorial prison for four years or more, or by imprisonment in the county jail, the person convicted of such attempt shall be punished by imprisonment in the territorial prison, or in a county jail, as the case may be, for a term not exceeding half the longest term of imprisonment prescribed, upon a conviction for the offense so attempted.

3. If the offense so attempted, be punishable by imprisonment in the territorial prison for any term less than four years, the person convicted of such attempt shall be punished by imprisonment in a county jail, not more than one year.

4. If the offense so attempted be punishable by fine, the offender convicted of such attempt shall be liable to a fine not exceeding one half of the largest amount which may be imposed upon a conviction for the offense so attempted.