Page:1862-63 Territory of Dakota Session Laws.pdf/60

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CRIMINAL CODE.
51

Simple larceny less than $100. one hundred dollars, he shall be punished by imprisonment in the county jail, not more than two years, nor less than three months, or by fine not exceeding three hundred dollars.

Justice of the peace to have concurrent jurisdiction of larcenies. Sec. 16. Every justice of the peace shall have jurisdiction concurrently with the district court, of all the larcenies mentioned in the fifteenth section of this chapter, when the money or other property stolen shall not be alleged to exceed the value of twenty dollars; and of all other larcenies whatever, and all embezzlements, when the money or other property stolen or embezzled, shall not be alleged to exceed the value of fifteen dollars; in all which cases, the punishment shall be by fine not exceeding fifty dollars, or by imprisonment in a county jail not exceeding three months, or by both such fine and imprisonment, saving to every person who shall be convicted before a justice, the right to appeal as in other cases.

Buying, &c., stolen goods. Sec. 17. Every person who shall buy, receive, or aid in the concealment of stolen money, goods, or property, knowing the same to have been stolen, shall be punished by imprisonment in the territorial prison, not more than four years, nor less than one year, or by imprisonment in the county jail not more than two years, nor less than three months, or by fine not exceeding five hundred dollars.

Jurisdiction of justice in case of buying, &c., stolen goods. Sec. 18. Every justice of the peace shall have jurisdiction concurrent with the district court, as before provided, of all of offenses of buying, receiving, or aiding in the concealment of stolen goods or other property, in all cases in which they would have had jurisdiction of a larceny of the same goods or other property; and the punishment of buying, receiving, or aiding in the concealment of such goods or other property, shall be the same as in the case of a larceny of the same goods or other property, with the same right of appeal on conviction.

Receiver, &c., may be tried before thief is convicted. Sec. 19. In any prosecution for the offense of buying, receiving, or aiding in the concealment of stolen money or other property known to have been stolen, it shall not be necessary to aver, nor on the trial thereof to prove that the person who stole such property, has been convicted.

Officer arresting person and after seizure of property, is answerable for the same. Sec. 20. The officer who shall arrest any person charged as once a principal or accessory in any robbery or larceny, shall use a reasonable diligence to secure the property alleged to be