Page:1862 Territory of Dakota Session Laws.pdf/212

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CHAP. IX.]
CRIMINAL PROCEDURE.
195

have been reduced to writing, and signed by the party to be charged thereby, prior to the obtaining such credit.

Persons, by false pretences, obtaining money, goods, &c., deemed cheats. Penalty.Sect. 149. If any person or persons shall, knowingly and designedly, by any false pretence or pretences, obtain from any other person or persons, any chose in action, money, goods, wares, chattels, effects, or other valuable thing whatever, with intent to cheat or defraud any such person or persons of the same, every person so offending shall be deemed a cheat, and upon conviction, shall be fined in any sum not exceeding one thousand dollars, and imprisoned not exceeding one year, and shall be sentenced to restore the property so fraudulently obtained, if it can be done: Proviso.Provided, That this section shall not apply to cases of sales of property on credit.

Selling, bartering, or disposing of land, &c., twice. Penalty.Sect. 150. Any person or persons, after once selling, bartering, or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands, or town lot or lots, who shall again knowingly and fraudulently sell, barter, or dispose of the same tract or tracts of land, or town lot or lots, or any parts thereof, or shall knowingly and fraudulently execute any bond or agreement to sell or barter, or dispose of the same land, or lot or lots, or any part thereof, to any other person or persons for a valuable consideration, every such offender, upon conviction thereof, shall be punished by confinement in the penitentiary for a term not less than one year, nor more than ten years.

Using false weights and measures. Penalty.Sect. 151. If any person shall knowingly sell by false weights or measures, or shall knowingly use false measures at any mill, in taking toll for grinding corn, wheat, rye, or other grain, he or she shall be deemed a common cheat, and on conviction, shall be fined not less than two hundred dollars, and imprisoned not exceeding three months.

FRAUDULENT AND MALICIOUS MISCHIEF.

Persons guilty of certain mischievous conduct. How punished.Sect. 152. If any person shall wilfully or maliciously cut down, break down, level, demolish, or otherwise destroy or damage any bridge, embankment, or mill-dam, or break or destroy the windows or doors of any dwelling-house or other house, or shall set fire to or burn, or destroy, or procure, or cause to be burnt or destroyed, any barrack, cock, crib, rick,