ceedings, or may give any other directions in the cause at the circumstances of the case may require.
Sec. 43. The supreme court shall have power, in any case in which they are satisfied that an appeal has been taken from an interlocutory, or any other order or decree, except a final one, for the purpose of delay or any frivilous pretence, toward such damages to the adverse party, as they may under the circumstances deem proper, the criterion for which damages shall be prescribed by rule.
Sec. 44. All acts and parts of acts conflicting with this act are hereby repealed.
Sec. 45. This act shall take effect from and after the passage.
Approved, Jan. 11, 1865.
PENAL CODE.
CHAPTER XVII
AN ACT TO ESTABLISH A PENAL CODE.
Be it enacted by the Legislative Assembly of the Territory of Dakota:
PRELIMINARY PROVISIONS.
Section 1. Title of Code.
2. Its effect.
3. “Crime," and "Public offense," defined.
4. Crimes, how divided.
5. Felony defined.
6. Misdemeanor.
