Page:1864-65 Territory of Dakota Session Laws.pdf/200

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
188
PENAL CODE.

whole or any part thereof, under circumstances, that if such intent were accomplished, human life or safety would be endangered thereby, although no damage is done, is guilty of felony.

Sec. 707. Every person who willfully commits any trespass, by, either:

1. Cutting down or destroying any kind of wood or timber, standing or growing upon the lands of another; or,

2. Carrying away any kind of wood or timber that has been cut down, and is lying on such lands; or,

3. Maliciously severing from the freehold any produce thereof, or anything attached thereto; or,

4. Digging, taking or carrying away from any lot situated within the bounds of any incorporated city, without the license of the owner, or legal occupant thereof, any earth, soil or stone, being a part of the freehold, or severed therefrom at some previous time, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away were personal property; or,

5. Digging, taking or carrying away from any land in any incorporated city or town of this territory, laid down on the map or plan of said city or town as a street or avenue, or otherwise established or recognized as a street or avenue, without the license of the mayor and common council, or other governing body of such city or town, or owner of the fee thereof, any earth, soil, or stone, under such circumstances as would render the trespass a larceny, the thing so severed or carried away were personal property.

Is guilty of a misdemeanor.

Sec. 708. Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this Code, or by some of the statutes which it specifies as continuing in force, is guilty of a misdemeanor.

Sec. 709. Every person who either:

1. Maliciously removes any monuments of stone, wood or