to commit the second degree. Person, etc., door, with intent, degree. What doomed , of certain oitenses of second degree. time, break any outer door, window or shutter of a window, or Sec. 59. Every person who, having entered the dwelling house Breaking inner Sec. 60. Every person who, being admitted into any dwelling penting dinner house with the consent of the occupant thereof, or who, being ote.barzlary in lawfully in such house, shall in the night time break an inner door with intent to commit a felony or larceny, shall be adjudged guilty of burglary in the second degree. Sec. 61. No building shall be deemed a dwelling house or any dwelling house or part of a dwelling house, within the meaning of the foregoing der this act: provisions, unless the same be joined to, immediately connected with and a part of a dwelling house. Sec. 62. Every person who shall be convicted of breaking and personen metodo entering in the night time: First, Any building within the cur- burglary in the tilage of a dwelling house, but not forming a part thereof : or: Second, Any shop, store, booth, tent, warehouse or other building, or any boat or vessel, in which there shall be at the time, some human being, or any goods, wares or merchandise, or other valuable thing kept or deposited, with intent to steal or commit any felony therein, shall, on conviction, be adjudged guilty of burglary in the second degree. Sec. 63. Every person who shall be convicted of breaking and Burglary in təsre entering, in the day time, any dwelling-house or other building, or any shop, store, booth, tent, boat or vessel, under such circumstances as would have constituted the offense of burglary in the second degree if committed in the night time, shall be deemed guilty of burglary in the third degree. Sec. 64. The breaking out of any dwelling house, or the Breaking out of breaking of the inner door thereof, by any person being therein, burglary, olen shall not be deemed such breaking a dwelling house as to constitute burglary, in any case other than such as are herein particularly specified. Sec. 65. Every person who shall be convicted of burglary, Panishm:at lor shall be punished by confinement and hard labor, if in the first degree, not less than ten years nor more than twenty-one years ; if in the second degree, not less than five nor more than ten years; if in the third degree, not exceeding five years. degree. etc, not deemed burglary. Burglary and larceny both committed st same time, how punished. degree. Robbery in second degree. Sec. 66. If any person, in committing burglary, shall also commit a larceny, he may be prosecuted for both offenses in the same count, or in separate counts of the same indictment, and, on conviction of such burglary and larceny, shall be punished by confinement and hard labor, in addition to the punishment herein hefore prescribed for the burglary, not exceeding five years. Robbery in first SEC. 67. Every person who shall be convicted of feloniously taking the property of another from his person or in his presence, and against his will, by violence to his person or by putting him in fear of some immediate injury to his person, shall be adjudged guilty of robbery in the first degree. Sec. 68. Every person who shall be convicted of feloniously taking the personal property of another in his presence, or from his person, which shall have been delivered or suffered to be taken through fear of some injury to his person or property, or to the person of any relative or member of his family, threatened to be inflicted at some different time, which fear shall have been produced by the threats of the person so receiving or taking such property, shall be adjudged guilty of robbery in the second degree. Sec. 69. If any person shall, either verbally or by a written or printed communication, accuse or threaten to accuse another of any felony, or threaten to do any injury to the person or property of any one, with a view or intent to extort or gain any money or property of any description, belonging to another, and shall, by intimidating him with said accusation or threat, extort or gain from him any money or property, every such offender shall be deemed guilty of robbery in the third degree. Sec. 70. Every person convicted of robbery shall be punished by confinement and hard labor, if in the first degree, not less than ten years nor more than twenty-one years ; if in the second degree, not exceeding ten nor less than five years; if in the tbird degree, not exceeding five years. Sec. 71. Every person who shall knowingly send or deliver, or shall make, and, for the purpose of being delivered or sent, sob, how punish shall part with the possession of any letter or writing, with or without a name subscribed thereto, or signed with a fictitious name or with any letter, mark or other designation, threatening therein to accuse any person of a crime, or to do any injury to the person or property of any one, with a view or intent to extort or gain any money or property, of any description, belonging to another, shall, on conviction, be adjudged guilty of an attempt to Robbery in third degree. Punishment for robbery. Threatening letters sent with a view to extort money, deemed an attempt to ed. grand larceny. rob, and shall be punished by confinement and hard labor, not exceeding five years. Sec. 72. Every person who shall be convicted of feloniously Grand larceny dostealing, taking and carrying away any money, goods, rights in action or other personal property or valuable thing whatsoever, of the value of twenty dollars or more, or any horse, mare, gelding, colt, filly, ass, mule, neat cattle, sheep or hog, belonging to another, shall be deemed guilty of grand larceny. Sec. 73. Persons convicted of grand larceny shall be punished Punishment for in the following cases, as follows: First, For stealing a horse, mare, gelding, colt, filly, mule or ass, by confinement and hard labor, not exceeding seven years : Second, In all cases of grand larceny, except as provided in the two succeeding sections, by confinement and hard labor, not exceeding five years. Sec. 74. Every person who shall steal, take, and carry away Petty larceny: punishment for. any money or personal property or effects of another, under the value of twenty dollars, (not being the subject of grand larceny, without regard to value,) shall be deemed guilty of petty larceny, and, on conviction, shall be punished by imprisonment in a county jail, not exceeding one year, or by fine, not exceeding one hundred dollars, or by both such fine and imprisonment. Sec. 75. If any larceny be comunitted in a dwelling house or Larceny in s in any boat or vessel, or by stealing from the person in the night how punished. time, the offender may be punished by confinement and hard labor, not exceeding seven years. Seo. 76. If the property stolen consists of any bond, cove- what deemed tho nant, note, bill of exchange, draft, order or receipt, or any other paper securities evidence of debt, or of any public security issued by the United States or this Territory, or of any instrument whereby any demand, right or obligation shall be assigned, transferred, created, increased, released, extinguished or diminished, the money due thereon or secured thereby, and remaining unsatisfied, which, in any event or contingency, might be collected thereon, or the value of the property transferred or affected, as the case may be, shall be deemed prima facie evidence of the value of the article stolen. Sev. 77. If any person mark or brand, or alter the mark or Marking, altering brand of any animal, the subject of larceny, being the property in the animalele of another, with intent to steal or convert the same to his own lancong, how punuse, or shall wilfully kill such animal with intent to steal or convert to his own use the carcass or skin, or any part of the animal so killed, he shall be adjudged guilty of larceny, and punished in the same manner as if he had feloniously stolen such animal. dwelling house, stolen. , deemed ishcd. Stealing or embezzling will or instrument affecting grand larceny, bow punished. Stealing or embezzling record or Aled in proper office, grand larceny, how pun. ished. Sec. 78. If any person steal or embezzle any will of real or other the stropeen personal property, or any deed or other instrument of writing, being or purporting to be the act of another, by which any right or interest in real or personal property shall be or purport to be assured, transferred or conveyed, or in any way changed or affected, shall be adjudgizd guilty of grand larceny, without reference to the value of the instrument so stolen or embezzled, and shall be punished by confinement and hard labor, not exceeding five years, or in the county jail, not less than six months, or by fine, not exceeding one thousand dollars or less than five hundred dollars, or by both a fine, not less than one hundred dollars, and imprisonment in the county jail, not less than three months. Sec. 79. Whoever shall be convicted of having stolen and caratba i document ried away or embezzled, any record, paper or proceeding of a court of justice, filed or deposited with any clerk or officer of such court, or any paper, document or record, filed or deposited in any public office or with any judicial officer, shall be adjudged guilty of grand larceny, without reference to the value of the record, paper, document or proceeding so stolen or embezzled, and shall be punished by confinement and hard labor, not exceeding five years, or in a county jail, not less than six months, or by fine, , not less than five hundred dollars, or by both a fine, not less than one hundred dollars, and imprisonment in the county jail, not less than three months. Sec. 80. Every officer or other person having the custody of etc., withdrawing any record, paper, document or proceeding, or any will, deed or fame, boń pun- other writing, specified in either of the last two sections, who shall fraudulently take away, withdraw or destroy, any such record, paper, document, proceeding, will, deed or instrument of writing, filed or deposited with him or left in his custody, shall, upon conviction, be punished by confinement and hard labor, not exceeding five years. Severing produce; Sec. 81. If any person shall sever, from the soil of another, and converting to any produce growing thereon, of the value of more than five dolclared larceny.lars, or shall sever, from any building or from any gate, fence or other railing or enclosure, or any part thereof, or any material of which it is composed, of the like value, and shall take and convert the same to his own use, with the intent to steal the same, he shall be deemed guilty of larceny in the same manner and of the same degree, as if the articles so taken had been severed at some different and previous time. Sec. 82. If any clerk, apprentice or servant of any private person or of any co-partnership, (except clerks, apprentices and Officers having of or ished. , one's own nse, de clerky, servants, punished livery only, pun servants within the age of sixteen years,) or if any officer, agent, Emherzling by clerk or servant of any incorporated company, or any person neer d.o., bow employed in any such capacity, shall embezzle or convert to his own use, or shall take, make way with, or secrete, with intent to embezzle or convert to his own use, without the assent of his master or employer, any money, goods, rights in action, or valuable security or effects whatsoever, belonging to any person, which shall have come into his possession or under his care, by virtue of such employment or office, he shall, upon conviction, be punished in the manner prescribed by law for stealing property of the kind or value of the articles so embezzled, taken or secreted. Seo. 83. Every embezzlement of any evidence of debt, nego- Embezzlement of tiable by delivery only, and actually executed by the master or negotiable by die employer of such clerk, agent, officer or servant, but not delivered islamont. or issued as a valid instrument, shall be deemed an offense within the meaning of the last preceding section, and punished accordingly. Sec. 84. If any carrier or other bailee shall embezzle or con- Embezzlement by vert to his own use, or make way with or secrete, with intent to lisbilees, how punembezzle or convert to his own use, any money, goods, rights in action, property or valuable security, or other effects, which shall have been delivered to him, or shall have come into his possession or under his care as such bailee, although he shall not break any trunk, package, box or other thing in which he received them, he shall, upon conviction, be adjudged guilty of larceny, and punished in the manner prescribed by law for stealing property of the nature or value of the articles so embezzled, taken or secreted. Sec. 85. If any tenant or lodger shall take away, with intent Embezzlement by to embezzle, steal or purloin, any bedding, furniture, goods or low punished. chattels, or fixture, which, by contract, was let to him, to be used by him in or with any house, apartment, room or lodging, whether the contract for letting shall have been made by such person or by any person on his behalf, he shall be adjudged guilty of larceny, and punished in the same manner prescribed by law for stealing property of the value of the articles so stolen, purloined or embezzled. Sec. 86. Every person who shall buy or in any way receive Buying or receive any goods, money, rights in action, personal property, or any how punished! valuable security or effects whatsoever, that shall have been embezzled, taken or secreted, contrary to the provisions of the last four sections, or that shall have been stolen from another, knowing the same to have been so embezzled, taken or secreted, or stolen, shall, upon conviction, be punished in the same manner and to the tenant or lodgor, stolen property, knowingly, 2 |
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