Page:1862 Territory of Dakota Session Laws.pdf/238

CHAP. IX.] of such repealing law, unless it be otherwise declared in the repealing statute.

. 228. No penalty affixed to an offence by one law shall be considered as cumulative of penalties under a former law, and in any case where a new penalty is prescribed for an offence, the penalty of the first law shall be considered as repealed, unless the contrary be expressly provided in the law last enacted.

. 229. If an offence be defined by one law and by a subsequent law the definition of this offence is changed, no such change or modification shall take effect as to the offenders already committed, but all the offences against the first law shall be tried, and their guilt or innocence determined in accordance with the provisions thereof.

. 230. No offence committed, and no fine, forfeiture, or penalty incurred under existing laws previous to the time when this code shall take effect, shall be affected herein by the repeal of any such existing laws, but the punishment of such offences, and the recovery of such fines and the forfeitures take place as if the laws repealed had still remained in force, except that when any penalty, forfeiture, or punishment shall have been mitigated by the provisions of this code, such provisions shall apply to, and control any judgment to be pronounced after this code shall take effect, for any offence committed before that time, unless the defendant elect to be punished under the provisions of the repealed law.

. 231. That every person who shall knowingly and wilfully, without color of title made in good faith, cut, box, fell, bore, or destroy any tree or sapling standing or growing upon the land of any person or corporation, without the license or consent of the owner of such land, shall be adjudged guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than ten nor more than one hundred dollars, or imprisoned in the county jail for any term not exceeding three months, in the discretion of the court in which such conviction is had.

. 232. That all offenders against this act shall be proceeded against by indictment, in the court of the proper