Page:1862-63 Territory of Dakota Session Laws.pdf/58

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CRIMINAL CODE.
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Married women liable. Sec. 7. The precoding sections shall severally extend to a married woman who may commit either of the offenses therein described, though the property burnt or set fire to may belong partly or wholly to her husband

Burning property to injure insurer. Sec. 8. Every person who shall willfully burn any goods, wares, merchandise, or other chattels, which shall be at the time insured against loss or damage by fire, with intent to injure the insurer, whether such person be the owner of the property burnt or not, shall be punished by imprisonment in the territorial prison not more than ten years, nor less than three years.

Burglary, being armed or making assault. Sec. 9. Every person who shall break and enter any dwelling house in the night time, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, or after having entered with such intent, shall break any such dwelling house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking, or entering, or so arming himself in such house, or making an actual assault on any person lawfully therein, shall be punished by imprisonment in the territorial prison not more than twelve years, nor less than four years.

Burglary, not being armed or making assault. Sec. 10. Every person who shall break and enter any dwelling house in the night time, with such intent as is mentioned in the last preceding section, or who, having entered with such intent, shall break such dwelling house in the night time, the offender not being armed or arming himself in such house with a dangerous weapon, nor making an assault upon any person then being therein, shall be punished by imprisonment in the territorial prison not more than five years, nor less than two years.

Breaking into office, &c., at night. Sec. 11. Every person who shall break and enter in the night time, any office, shop, or warehouse, not adjoining to or occupied with a dwelling house, or any ship, steamboat or vessel, within the body of any county, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, shall be punished by imprisonment in the territorial prison not more than three years, nor less than one year.

Burglary, how punished. Sec. 12. Every person who shall enter in the night time, without breaking, or shall break and enter in the day time, any

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