Page:1862 Territory of Dakota Session Laws.pdf/213

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196
CRIMINAL PROCEDURE.
[CHAP. IX.

or stack of hay, corn, wheat, oats, barley, or other grain of any kind, or shall cut down, girdle, or destroy any fruit-tree, or shade-tree, or shall cut, pull down, or destroy any gate, post, railing, or fence, or shall pull down, burn, or destroy any pile or piles of wood, boards, or planks, or other lumber, or shall overturn any cart, wagon, or other carriage, or shall run them into sloughs, holes, or other places, or shall cut loose or set adrift any canoe, ferry flat, skiff, boat, or other vessel, for mischief, or shall unlawfully, wantonly, wilfully, or maliciously kill, wound, disfigure, or destroy any horse, mare, filly, colt, or gelding, or any bull, ox, steer, bullock, cow, heifer, or calf, or any sheep or lamb, or any hog, pig, or dog, or any other useful animal, being the property of another, every person so offending, on conviction, shall be fined not exceeding one hundred dollars, or be imprisoned not exceeding three months, or both.

Destroying or injuring public place of confinement. Penalty.Sect. 153. If any person shall, wilfully and intentionally, break down, pull down, or otherwise destroy or injure, in whole or in part, any public jail or other place of confinement, every person so offending shall, upon conviction, be fined in any sum not exceeding five thousand dollars, nor less than the value of such jail or place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act.

Setting fire to woods and prairies. Penalty.Sect. 154. If any person or persons shall, at any time hereafter, wilfully and intentionally, or negligently and carelessly, set on fire, or cause to be set on fire, any woods, prairies, or other grounds whatsoever, in the inhabited parts of this territory, every person so offending shall, on conviction be fined in any sum not less than five dollars nor more than one hundred dollars: Proviso.Provided, That this section shall not extend to any person who shall set on fire, or cause to be set on fire, any woods or prairies adjoining his or her own farm, plantation, or inclosure, for the necessary preservation thereof from accident by fire, between the first day of March and the last day of November, by giving to his or her neighbors two days' notice of such intention: Provided, also, That this section shall not be construed to take away any civil remedy, which any person may be entitled to for any injury which may be done or received in consequence of such firing.