Water Ditches: A Historical Perspective on California's Gold Mining Era

Water Ditches: A Historical Perspective on California's Gold Mining Era

The article discusses the importance of water ditches for mining operations in California, highlighting the shift from reckless speculation to more systematic and efficient mining practices. It emphasizes the necessity, practicability, and potential profit of investing in water ditches, citing examples of failed projects and the benefits of properly managed endeavors. The article also mentions a current survey for a new water ditch project and expresses optimism for its success under the leadership of a knowledgeable individual.

The article titled "Water Ditches" provides a reflective insight into the development of mining operations in California, particularly as they evolved in the 1850s, during the height of the Gold Rush. This period was characterized by a rapid influx of miners seeking fortune, often leading to impulsive and ill-considered ventures. The central thesis of the article is a call for a more systematic approach to mining, particularly through the establishment of efficient water ditches, which were essential for hydraulic mining.

The author notes the misguided tendencies of miners who once believed "that gold was only to be found on the hats, and in the banks of Creeks, Rivers, and natural streams." This reflects a common sentiment during the early Gold Rush era, where the allure of immediate riches often led miners to travel extensively, forsaking promising sites in search of greater fortunes elsewhere. The phrase "distance lends enchantment to the view" encapsulates the illusion that drove many miners toward endless chasing of rumors and rapidly changing hopes.

The stark realization presented in the article is that such behavior proved detrimental: "the sweating anxiety that formerly kept the miner and merchant in such avaricious suspense to make a 'pile' and return to their earlier homes...producing no other effect than to impede the steady and well-directed efforts of the miner and merchant." This critique highlights the broad impacts of uncertainty and the tendency to pursue unverified prospects, which ultimately resulted in "a sum total of mishaps, and an empty purse." The author argues that success in mining requires a disciplined approach grounded in rationality rather than the fluctuating desires of hope and immediacy.

The latter part of the article emphasizes the importance of planning and resource management in the form of water ditches. The author provides a pragmatic framework for assessing the viability of such projects through three crucial points: the necessity of water, the feasibility of constructing a canal, and the profitability of the mines. The claim that "many—very many of the best and most worthy men in this State, have experienced severe losses by these badly conducted projects" serves as a cautionary tale. It reveals how unprofessional efforts not only jeopardized the specific projects but also eroded the confidence of potential investors and affected the wider economic landscape.

The article concludes with a hopeful note about existing surveys and plans to improve water access for miners, hinting at a more organized approach to mining operations. It states explicitly that "A survey is now being made from Hush Creek to Sicart's Fork of the North Fork of Trinity River" to reinforce the commitment to fulfilling the necessary infrastructure that would enable more efficient mining operations.

In analyzing this article, it becomes evident that it reflects a critical turning point in the mining industry of 19th-century California. With the Gold Rush's chaotic beginnings, miners were forced to adapt to more sustainable practices characterized by foresight, planning, and collaboration. The shift toward investing in infrastructure, embodied in the promotion of water ditches, reveals a transformative understanding of mining that would ultimately aid in the establishment of more permanent settler economies in the American West.

 Water Ditches: A Historical Perspective on California's Gold Mining Era

As the 1840s Gold Rush erupted in California, the land became a canvas filled with dreams and aspirations. In that frenzied quest for fortune, every miner sought to strike it rich in the dusty streams and rugged mountains. However, amid the clamor and chaos of searching for gold, one crucial element often went unnoticed: water. The article "Water Ditches," published in *The Californian*, serves as a vintage lens through which we can examine the importance of water management in successful mining operations. As we delve into this insightful historical treatise, we uncover lessons that not only resonate with the past but also remain relevant in contemporary discussions on resource management and economic planning.

 The Context of the Gold Rush

The Gold Rush attracted thousands, igniting a population boom that reshaped California's landscape and formed new communities. This golden promise of instant wealth beckoned fortune seekers from around the globe, each armed with dreams of prosperity. Yet, as highlighted in the article, many miners in Trinity County fell victim to a pervasive mindset: chasing every rumor of richer diggings. This nomadic behavior often hindered their potential for success, compelling them to abandon their current claims for the allure of uncertain opportunities elsewhere.

 "Distance Lends Enchantment to the View"

This phrase skillfully encapsulates the capricious nature of miners’ motivations. The gleam of fleeting gold often clouded sound judgment, emphasizing the urgent need for a more systematic and pragmatic approach to mining. As noted in the article, “None can too sadly attest the truth of this—its folly and ruin—as the miners of California.” Many lost their resources following whispers of wealth, their aspirations dwindling as they flitted between sites. The article urges miners to focus their efforts more thoughtfully and systematically rather than yielding to the temptations of rumor and speculation.

 The Emergence of Water Ditches

In the Gold Rush era, water was more than just a resource; it was the lifeblood of mining operations. The article elucidates that “the necessity of water… the practicability of digging a canal through which abundance of water can be brought… and the mines to justify the large or small expenditure necessary to consummate the work” formed a framework through which miners could operate efficiently.

Water ditches emerged as a strategic solution to the myriad challenges faced by miners. In the years leading up to the publication of *The Californian*, Californians had already encountered the difficulties of mining with insufficient water supply. Water ditches became a lifeline, transporting water to gold-rich areas lacking the necessary resources for effective mining. Although initial setbacks due to poorly managed projects cast shadows on this effort, water ditches represented the dual potential for economic success and sustainable growth in a fragile ecosystem.

 Early Challenges and Failures

The reality of early ditching operations painted a sobering picture of mismanagement and lack of foresight. Miners, propelled by enthusiasm instead of careful planning, often embarked on ambitious ditching projects without the requisite knowledge or resources for success. “To this then is to be mainly attributed the cause of the many ruinous failures which took place in earlier days, with ditching in California,” the article cautions. This serves as a crucial reminder that the pursuit of infrastructural investment must be matched with sound planning and execution.

Many initiatives fell prey to “foolish extravagance,” resulting in devastating financial losses and eroded public confidence. While these setbacks were temporary, they underscored the essential role trust plays in any economic venture. Trust, much like water, is vital for nurturing a community's wealth and resources.

The Transformative Role of Experience

With time, the lessons learned from previous failures fostered a more informed approach to water management in mining. The article observes that “Experience has taught the miner that this high reward is not to be obtained by adherence to every rumor,” marking a maturation of mindset among miners. They gradually began to realize the necessity for systematic operations and sound practices, transitioning from impulsive decisions to carefully planned strategies.

 The Future of Mining and Water Ditches

The article serves as a rallying cry for “the practical miner who has means laying idle, or who can command money or labor” to contemplate the possibilities afforded by rational management of water ditches. The planned survey from Hush Creek to Beart's Eoik, designed to improve water delivery, exemplifies an evolution based on valuable lessons learned from the past. Such endeavors symbolize a collaboration between knowledge and capital, illustrating a wise response to the follies of earlier years.

Economic Implications

The economic implications of water management are profound. Efficient water ditches not only supplied miners with essential resources for their operations but also stimulated growth in trade, agriculture, and community settlements across California. This symbiotic relationship between the mining economy and agricultural development emerged as farmers utilized the ditches for irrigation, fostering a sustainable balance within the fragile ecosystem.

The article highlights that the survival of mining communities hinged on their ability to engage thoughtfully with their environment. As these communities began to acknowledge the potential of water ditches, they chose to invest in their futures rather than succumb to the lure of reckless adventure.

Trust and Public Confidence

As the article articulates, the erosion of confidence in any venture carries significant ramifications. “Public confidence is once destroyed… a hard thing to regain.” Economic success in burgeoning communities like Weaverville and Trinity County relied heavily on trust in shared infrastructure efforts. This reliance parallels contemporary challenges we face today—investors and communities must collaborate not just in resource extraction, but also in sustaining the land for future generations.

Lessons for Today

While the context has drastically changed, modern enterprises can glean invaluable insights from the sentiments expressed in "Water Ditches."

 1. **Planning Over Impulse:**
The importance of thorough planning transcends time. The rampant speculation that characterized the Gold Rush mirrors modern investment bubbles, where excitement drives many toward opportunities without a structured plan for scalability and sustainability.

 2. **Resource Management:**
Today's discussions around water scarcity, particularly in climate change-affected regions, echo the lessons learned from the past. We must responsibly harness our natural resources, balancing immediate gains with long-term sustainability.

 3. **Community Collaboration:**
As the history of water ditches illustrates, collaborative efforts can yield lasting benefits. Modern challenges—especially concerning public infrastructure and sustainability—demand renewed community involvement, akin to the collective spirit of the miners and merchants during the Gold Rush.

 4. **Trust and Accountability:**
Regaining public confidence remains a significant hurdle across industries. Companies and governments must foster trust through transparency, creating an accountable framework that facilitates collaboration over isolation.

 Conclusion

“Water Ditches” serves as a powerful reminder of the importance of preparation, resource management, and community engagement during California's Gold Rush. The miners of Trinity County confronted harsh realities, learning valuable lessons from their failures in pursuit of sustainable progress.

As we navigate today's intricate challenges, the insights gained from these historical narratives remind us that the past is not mere history; it is a guide that illuminates our present-day decisions and aspirations. Understanding the delicate interplay between natural resources and community involvement is paramount, empowering us to create sustainable futures within the diverse landscapes of contemporary society. Just as water was essential to the success of those early miners, trust and collaborative efforts remain vital to our collective journey towards a prosperous future.

Key Phrases:

1. **California Gold Rush** - A pivotal event that reshaped the state's demographics and economy. For further reading, see the article on the [California Gold Rush from History.com](https://www.history.com/topics/westward-expansion/gold-rush).

2. **Water Management in Mining Operations** - Essential for the efficiency and success of Gold Rush mining. For more information, check the [California State Water Resources Control Board](https://www.waterboards.ca.gov/water_issues/programs/groundwater/sustainable_management.html).

3. **Economic Implications of Water Ditches** - Relationship between water supply and mining success. Explore this [report on the economic impact of natural resources](https://www.ers.usda.gov/webdocs/publications/93666/err-232.pdf).

4. **Chasing Rumors in Mining** - The effect of speculation on mining success. Read about [speculative bubbles in economics](https://hbr.org/2009/05/the-next-big-thing-speculative-bubbles).

5. **Trust and Public Confidence in Community Ventures** - Importance of trust in economic success. For further insights on trust in business, see the article on [trust in organizations from the Academy of Management Review](https://journals.aom.org/doi/abs/10.5465/amr.2010.0248).

6. **Collaboration in Resource Management** - Lessons learned from historical cooperative efforts. Check out the piece on [collaborative resource management from the National Oceanic and Atmospheric Administration](https://www.noaa.gov/making-disasters-work-better-collaborative-resource-management).

7. **Sustainability and Economic Growth** - Balancing immediate gains with long-term resource management strategies. For in-depth understanding, visit the article on [sustainable development principles from the United Nations](https://www.un.org/sustainabledevelopment/sustainable-development-goals/).

8. **Impacts of Water Scarcity** - Understanding current water resource challenges in a historical context. Explore the report on [global water scarcity from the World Resources Institute](https://www.wri.org/research/global-water-scarcity).

By following these links, one can delve deeper into the relevant historical and contemporary discussions surrounding these key phrases.

**Citation**: The Californian
- Water Ditches., 1856-08-23
https://cdnc.ucr.edu/ University of California Riverside Digital Newspaper Archive

Original Article:

It requires no labor* d essay through our columns, to prove to the citizens of Weavcrville and to the miners of Trinity County, the great utility of Water Ditches. It often happens, however, that it requires more argument to convince men of the practicability and profit of rational and tangible enterprises, tbau it does to elate the mind w ith high expectations of realizing fortunes, seen through the visionary schemes of chance. “Distance lends enchantment to the viewNone can to sadly attest the truth of this—its folly and ruin—as the miners of California. In years past, the miner was actuated by the belief that gold war only to be found on the hats, and in the banks of Creeks. Itivers, and natural streams : hence it was. that the miner felt himself to be a mi re w audi rt r of the mountains and plains of California, exhausting the means accumulated in one place in travelling to auothcr, and always ready to pull up stakes and bound off at the first breath, when busy rumor insinuated richer diggings and a better tiling beyond. Those who have been thus wearied by this perigrinating policy, may be reckoned to-day by thousands -indeed, it ninv he sab ly inserted as w itbin the bounds ol truth, that the great majority of miners w ho have been in the State since the days of *4f), have been subject to and injured bv this thoughtless folly. Things have changed materially in California within the hot three years. The sweating anxiety that formerly kept the mint! and merchant in such avaricious suspense to make a “ pile” and return t« their earlier homes, only defeated the very objtct tin y sought, and proved fatal to their sanguinary hopes, producing no other effect than to impede the steady and well-directed efforts ol the miner and merchant, and bringing nothing in the end but a summitry of mishaps, and an emp ty purse. The true philosophy of labor and human econo my. is that w hich teaches the means and system by which judicious management and honest laboi may reap its highest reward. Experience has taught the miner that this high rew ard is not to be obtained by adherence to every rumor, or roaming about from one locality to another, from bill to hill and from stream to stream. The man who would now succeed in mining, must apply himself to his business with proper industry, and operate upon systematic principles. Necessity maywell be considered the legitimate motkei of invention, and to this is to be attributed the enlarged sphere of uetion uml enterprise t but presents itself to honest and independent inbor to-day in California. It is but a few years since the enterprise in ditching was commenced in this State, under the most inauspicious circumstances. Labor was then high — the State was new and the people fluctuating. ami mines where pick and shovel were the only capital required, were more plenty. Ditches were couitneneid of a gigantic character, under the heat and spur of the moment, and conduct d with the most foolish extravagance and by men. too, who had neither the requisite knowledge, the proper capacity, or the means to complete them. To this then, is to be mainly attributed the cause of the many ruinous! failures w hich took place in earlier days, with ditching in California. Many—very many of the best and most worthy men in this State, have experienced severe losses by these badly conducted projects, and many are Caere, who have not yet recovered from the shock. All those feverish and undigested plans bad management—reckless operations and consequent failures, had only the effect to destroy the ronlidencc of intelligent men of means, and retard the growth, and prosperous development of the rich mineral resources with which the State abounds, and when public confidence is once destroyed la the practicability and profit of these heavy undertakings, it is a hard thing to regain. I he fe w to be found now, who feel sore upon the subject ol water ditches, and who express doubts and fears of the success and profit of this and that undertaking, in the mines, where capital is required, are no criterion to go by. it is common fur man to feel and bear with regret, the stroke ol adversity, and more common still, for him to speak from the prejudice of an empty pocket, than a good und impartial judgement. I i’ere ure but three facts to ascertain by the miner and to prove the necessity, practicability and profit of milling ditches. 1st. The necessity of water ; I'.’i'l The practicability of digging a canal through which abundance of water can be brought, and 3d. The mines to justify the large or small expenditure necessary to consummate the work. Every citizen can well satisfy himself upon these three points, who possesses any public spirit, or ability to make investments in the mines. Now where can we find a more striking proof of the necessity of water ditches, than right in our midst. Diggings as rich, and gold fields us extensive as uny in California, are now laying waste and deserted, for the want of wntir to work them. The consideration of this matter is of the most vital importance to our miners, merchants and farmers. Let the practical miner who has means laying idle, or w ho can command money or labor, calmly reflect upon the profit and inevitable fortunes to be made in the construction of water ditches when proper!j mauaged. A survey it now being made from Hush Creek to i5icart's Eoi k of the North h oi k of Trinity river. by Air. tiarlaml mid others, to intersect the oid Dilcli. ilia' bat- n uiuined so long in stutu quo. tV e hope to be able to lay the report and all the particulars of the engineer before our readers in a week or two, showing the distance, the practicability, and a full estimate of the cost. Mr. (lutlund is a man of sterling worth, und lliorimgh practical knowledge. IVe have known him lor years, ami liuvc ocutt n sufficient proof in his management of ulln r gigantic enterprises

 

Our Legal Journey: Tracing the Evolution of Crimes and Punishments

This article discusses a recent amendment to the act concerning crimes and punishments by the last Legislature. The amendment introduces three grades of felonious homicide - murder in the first degree, murder in the second degree, and manslaughter. The punishment for first-degree murder is death, for second-degree murder is not less than ten years in the State Prison, and for manslaughter is not exceeding ten years of imprisonment. The amendment also abolishes the death penalty in cases of robbery and grand larceny. Various sections of the act are amended to provide clearer definitions and punishments for different crimes such as mayhem, assault, and robbery. These amendments are seen as an improvement over the old law and are detailed in the article from the Sacramento Union.

Our Legal Journey

The article in question deals with a pivotal era of legal reform in mid-19th-century California, a period following the Gold Rush, as the state was transitioning from a wild frontier to a more settled society. This review will analyze and provide additional context for understanding these amendments to the "Act Concerning Crimes and Punishments."

The first key point to note is the introduction of graded distinctions in crimes, particularly murder. "The act makes three grades of felonious homicide —murder in the first degree, murder in the second degree, and manslaughter." Prior to this time, criminal law was more binary, generally classifying actions as crimes punishable by death or lesser offenses. The refined distinctions paved the way for more nuanced court proceedings that could customize punishments based on the severity and intent of the crime.

The regulation also reflects a societal shift in attitudes towards capital punishment. It states that the act "also abolishes the death penalty in cases of robbery and grand larceny." This demonstrates a move towards less severe penalties for crimes that don't lead directly to loss of life, a principle that forms a cornerstone of most modern penal systems.

The Sacramento Union's publication of these updates exhibits the growing importance of printed media during that era. As the amendments are reproduced from "the Sacramento Union of the 28th ult.", it indicates this essential role of newspapers in disseminating legal information to the public.

Important to bear in mind is the provision that considers children under the age of fourteen innocent until "the contrary be clearly shown." This rule reflects an embryonic form of the legal protections we extend to minors today. As the article states: "An infant under the age of fourteen years of age shall be deemed incapable of knowing the distinction between good and evil, unless the contrary be clearly shown." As our understanding of childhood development has advanced, current laws now consider various factors including the nature of the crime and the child’s maturity.

Finally, the act also covers violent crimes like "mayhem" and "assault". According to the amendments, mayhem "consists in unlawfully depriving a human being of a member of his or her body, or disfiguring or rendering if useless" while an assault is an "unlawful attempt coupled with a present ability, to commit a violent injury on the person of another". These laws indicate the intent of the legislature to codify the punishment for various violent actions under a unified legal framework.

In conclusion, the crime and punishment amendment act of California in 1850 represents an important step towards developing a more refined and systematic legal structure in emerging American society. The shift from blanket capital punishment rulings to more graded punishments and the protection given to minors clearly demonstrate the evolution of the legal justice system during this era.

Narrative Exposition:

Navigating the shifting seas of our contemporary legal system - where laws are ceaselessly revised and refined to uphold justice - provides a perfect opportunity to cast a glance backward, tracing the progression of our legislative journey. Examining past legal precedents not only provides us rich context for our current standards but also offers valuable insights shaping our quest for an increasingly equitable society. One such significant legal milestone, an act concerning crimes and punishments, emerged from the legislative landscape of the mid-19th century.

Highlighted in an excerpt from the Sacramento Union published on April 28th, this act represented a transformative shift, ushering in a tangible evolution in the legal approach toward felonious homicide. For the first time, the act classified this grievous crime into three distinct categories - first-degree murder, second-degree murder, and manslaughter. Each grade came with its own specified and unique punishment scale, a testament to the meticulous thought invested in distinguishing between degrees of crime and corresponding punitive actions.

Even though this legislation can be viewed as a mirror reflecting the societal norms of that era, it also draws a clear trajectory of legal systems progressively enhancing their complexity and fairness. This amendment marked the introduction of a nuanced understanding of criminal behavior, a sophistication unheard of previously. It redirected the focus from mere intent, broadening the spectrum to consider aspects like modus operandi and outcome. Importantly, this legislation articulated a societal commitment to differentiated justice, a principle still resonating in our jurisprudence today.

Delving deeper into the semantic details of the Act gives us interesting insights: "All murder shall be deemed murder of the first degree, which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of wilful, deliberate and premeditated killing." This legislative etiquetting was not only indicative of how behaviors were perceived and judged but also speaks volumes about the nascent investigative methodologies, interpretation of circumstantial evidence, and rudimentary understanding of fairness permeating America's legal life back then.

A hallmark aspect of this Act was the pioneering recognition of the cognitive difference between an adult and a child, marking a significant stride towards developing modern juvenile justice norms. The Act proclaimed, "An infant under the age of fourteen years shall be deemed incapable of knowing the distinction between good and evil, unless the contrary be clearly shown." This provision laid the foundation stone for carving out the separate trajectory of juvenile justice in legal systems.

Further, the Act boldly annulled the death penalty for crimes like robbery and grand larceny. This demonstrated an enlightened refinement of punishments impacted by the social and criminological studies of that era. The Act also clarified definitions for crimes like assault and mayhem, honing the focus of punitive measures even further.

Assessing such legislation functions like a prism, casting light on the intertwined influences of historical, societal, and moral conditions on legal precedents and their consequential impact on society. The dynamics of crime and punishment continue to evolve, shaped not merely by society's shifting moral compass, but also by scientific advancements in understanding human behavior and criminology.

As we draw this journey to a close, it’s crucial to carry forward the lessons gleaned from the past, honing our legal scaffoldings. The quest for a more equitable justice system is ongoing, guided by the wisdom embedded in history. Despite the hurdles and challenges that this path entails, our collective commitment to justice propels us forward in the right direction. Reflecting on the Act concerning crimes and punishments offers us a valuable reminder of our accomplishments and a timely incentive to mold our choices and actions, as we strive for a balanced and just society.

Key Phrases:

1. 'Our Legal Journey: Tracing the Evolution of Crimes and Punishments' - This involves the historical development of law, and the phenomenon of crimes and punishments. For further reading and research, see this article on 'A History of Justice: Origins of Law and Psychiatry' from [American Journal of Psychiatry](https://ajp.psychiatryonline.org/doi/full/10.1176/appi.ajp.158.9.1532).
2. 'Sacramento Union published on April 28th' - This is a specific historical source and date, which may require contextual understanding. Check out [The Sacramento Union](https://cdnc.ucr.edu/?a=cl&cl=CL1&sp=SU&e=-------en--20--1--txt-txIN--------1) to understand the historical context and the source itself.
3. 'Legal approach toward felonious homicide' - To understand more about the legal understanding of homicide crimes over time, visit the [Stanford Encyclopedia of Philosophy](https://plato.stanford.edu/entries/homicide/#LegDefHom).
4. 'Cognitive difference between an adult and a child' - Understanding the development of child psychology and its influence on law requires further research. Check out this paper, 'History and Development of Child Psychoanalysis' in [Psychoanalytic Study of the Child](https://www.taylorfrancis.com/chapters/oa-edit/10.4324/9781315135650-8/history-development-child-psychoanalysis-kurt-ruediger).
5. 'Juvenile justice norms' - The development of juvenile justice is a critical aspect of study in law and social sciences. Visit the [Office of Juvenile Justice and Delinquency Prevention](https://www.ojjdp.gov/) for comprehensive resources.
6. 'Annulled the death penalty for crimes like robbery and grand larceny' - The reversal of death penalty sentences for certain crimes is a significant legal shift. Check out this report on 'Death Penalty for Non-lethal Crimes' from [Amnesty International](https://www.amnesty.org/en/documents/act50/015/2008/en/).
7. 'Understanding human behavior and criminology' - The scientific understanding of human behavior and its influence on criminology is a crucial area of study. See [British Journal of Criminology](https://academic.oup.com/bjc) for a deep dive into the research.
8. 'Act concerning crimes and punishments' – This seems to be a particular act that played a crucial role in historic legal changes and might refer to "A Bill for Proportioning Crimes and Punishments" proposed by Thomas Jefferson. See 'A Bill for Proportioning Crimes and Punishments' on [Yale Law School’s Avalon Project](https://avalon.law.yale.edu/18th_century/jeffcrim.asp).

**Citation**: Trinity Journal
- Crimes and Punishments., 1856-05-03
https://cdnc.ucr.edu/ University of California Riverside Digital Newspaper Archive

Original Article:

Among the most important acts of the last Legislature is the one amending the act concerning crimes and punishments. The act makes three grades of felonious homicide —murder in the first degree, murder in the second degree, and manslaughter. The punishment of the first is death, of the second not less than ten years in the State Prison, and the latter not exceeding ten years imprisonment. This is certainly an improvement on the old law. It also abolishes the death penalty in cases of robbery and grand larceny. The amendments are important and we give them entire, as taken from the Sacramento Union of the 28th ult.: AN ACT to amend an act entitled “An act concerning Crimes and Punishments,’ passed April 16th, 1850. The People of the State of California, represented in Senate and Assembly, do enact as follows: Sec. 1. Section 4 of said act is hereby amended so as to read as follows: An infant under the age of fourteen years of age shall be deemed incapable of knowing the distinction between good and evil, unless the contrary be clearly shown. See. 2. Section 21 of said act is amended so as to read as follows: Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate any arson, rape, robbery or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second degree, and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree, but if such person shall he convicted on confession in open court, the court shall proceed by examination of witnesses to determine the degree of crime, and give sentence accordingly. Every person convicted of murder of the first degree shall suffer death, and every person convicted of murder of the second degree shall suffer imprisonment in the State Prison for a term not less than ten years, and which may extend to life. Sec. 3. Section 26 of said act is amended so as to read as follows: Every person convicted of the crime of manslaughter shall be punished by imprisonment in the State Prison for a term not exceeding ten years. See. 4. Section 46 of said act is amended so as to read as follows: Mayhem consists in unlawfully depriving a human being of a member of his or her body, or disfiguring or rendering if useless. If any person shall cut out or disable the tongue, or put out an eye, slit the nose, ear, or lip, or disable any limb or member of another, or shall voluntarily, or of purpose, put out an eye or eyes, such person shall be guilty of mayhem. The crime of mayhem shall be punishable by imprisonment in the State Prison for a term not to exceed fourteen years. Sec. 5. Section 49 of said act is amended so as to read as follows: An assault is an unlawful attempt coupled with a present ability, to commit a violent injury on the person of another, and every person convicted thereof shall be fined in a sum not exceeding $500, or imprisonment in the county jail not exceeding three months. Sec. 6. Section 59 of the said act is amended so as to read as follows: Robbery is the felonious and violent taking of money, goods or other valuable thing, from the person of another, by force or intimidation.— Every person guilty of robbery shall he punished by imprisonment in the State Prison, for a term not less than one year, and which may extend to life. See. 7. Section 60 of said [missing lines, text fragment][so a shal lead pro lars lar be p Pris uor S. so a shall lead prop dolla ceny, punis][end fragment] not more than six months, or by fine not exceeding $500, or by both such fine and imprisonment.