ment in the Territorial prison for a term not less than one year nor more than ten years; and should the life or lives of any person or persons be lost in consequence of such burning, as mentioned in this and the preceding section, such offender shall be deemed guilty of murder in the first degree, and shall be indicted and punished accordingly.

SEC. 57. Every person who shall wilfully burn, or cause to be burned, any building, or any goods, wares, merchandise, or other chattels, which shall be at the time insured against loss or damage by fire, with intent to injure or defraud such insurer, whether the same be the property of such person or of any other, shall, upon conviction, be adjudged guilty of arson in the second degree, and punished accordingly.

SEC. 58. Every person who shall, in the night time, forcibly break and enter, or without force (the doors and windows being open), enter into any dwelling-house, or any other house whatever, or tent, with intent to commit murder, rape, robbery, mayhem, larceny, or other felony, shall be deemed guilty of burglary, and upon conviction thereof shall be punished by imprisonment in the Territorial prison for a term not less that five nor more than twenty

years.

SEC. 59.

CHAPTER VI.

OFFENCES AGAINST PROPERTY.

Robbery is the felonious and violent taking of money, goods, or other valuable things, from the person of another by force or intimidation. Every person guilty of robbery shall be punished by imprisonment in the Territorial prison for a term not less than five years, and which may be extended to life.

SEC. 60. Every person who shall feloniously steal, take, and carry away, lead or drive away, the personal goods or property of another, of the value of fifteen dollars or more, shall be deemed guilty of grand larceny; and upon conviction thereof, shall be punished by imprisonment in the Territorial prison for a term not less than one year, nor more than fourteen years.

SEC. 61. Every person who shall feloniously steal, take and carry, lead or drive away, the personal goods or property of another,

under the value of fifteen dollars, shall be deemed guilty of petit larceny; and upon conviction thereof, shall be punished by imprisonment in the county jail not more than twelve months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

SEC 62. That every person who shall feloniously steal, take and carry, lead or drive away, any dog, either of the male or female kind, belonging to another, shall be deemed guilty of petit larceny; and upon conviction thereof, shall be punished by imprisonment in the county jail, not more than six months, or by a fine not exceeding one hundred dollars, or by both such fine and imprisonment. In any judgment rendered for a fine only, the judgment shall provide that unless the same be paid the defendant shall be imprisoned in the county jail at the rate of one day for every two dollars of the fine.

SEC. 63. Bonds, promissory notes, bank notes, bills, of exchange or other bills, orders, drafts, checks, receipts, or certificates, or warrants for or concerning money, goods, or property, due, or to become due, or to be delivered, or any public security issued by the United States, or by this Territory, and any deed or writing containing a conveyance of land, or valuable contract in force, or any release or defeasance, or any other instrument whatever, shall be considered personal goods of which larceny may be committed, and the money due thereon, or secured thereby, and remaining unsatisfied, or which, in any event or contingency, might be collected thereon, or the value of the property transferred or effected thereby, as the case may be, shall be deemed the value of the article stolen.

SEC 64. Every person, who for his own gain, or to prevent the owner from again possessing his property, shall buy or receive stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary, or embezzlement, knowing the same so to have been obtained, shall, upon conviction, be imprisoned in the Territorial prison for a term not exceeding five years, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment, and every such person may be tried, convicted and punished as well before as after the trial of the principal. No person convicted of the offences specified in this section, shall be condemned to imprisonment, in the Territorial prison, unless the value of the thing bought or received shall

amount to fifteen dollars, but the same shall be punished as provided in cases of petit larceny.

SEC. 65. All property obtained by larceny, robbery, burglary, or embezzlement, shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser, or not, shall divest the owner of his right to such property. Such owner may maintain his action not only against the felon, but against any person in whose possession he may find the property.

SEC. 66. Every person bringing any goods or property into this Territory, taken by himself, or which he knew was taken by another, in another Territory or State, by robbery, burglary, embezzlement, or larceny, shall, upon reasonable cause being shown to a magistrate to induce him to believe that the accused has brought such goods or property into this Territory, taken in either of the ways aforesaid in another Territory or State, be committed to the county jail, to await a requisition from the governor of the Territory or State, whence such goods or property were brought as aforesaid into this Territory: Provided, That such person shall not be detained in such custody longer than a period of eight weeks.

SEC. 67. Every person who shall mark or brand, alter or deface the mark or brand of any horse, mare, colt, jack, jennet, mule, or any one or more head of neat cattle or sheep, goats, hogs, shoats, or pigs, not his or her own property, but belonging to some other person, or cause the same to be done, with intent thereby to steal the same, or to prevent identification thereof by the true owner, shall, on conviction thereof, be punished by imprisonment in the Territorial prison, for a term not less than six months nor more than five years.

SEC. 68. Every servant, officer, or person, employed in any public department, station, or office, of the government of this Territory, or any county of this Territory, or in any office of a corporate body, who shall embezzle, steal, secrete, or fraudulently take, or carry away, any money, goods, chattels effects, books, or book of record or of account, bond or bonds, promissory note or notes, bank bill or notes, or any other writing or security for the payment of money, or property, of whatever description it may be, being the property of said Territory, county, or corporate body, shall, on conviction thereof, be punished by imprisonment in the Territorial

prison, for a period of time not less than one year, nor more than ten years.

SEC. 69. If any officer who now is or hereafter may be intrusted by law to collect, disburse, or receive, or safely keep, any money or moneys, revenue or revenues, belonging to this Territory, to the school fund of this Territory, to the school fund of any county or township of any county in this Territory, to any canal, turnpike or railroad fund of this Territory, or any county thereof, or to any fund for the improvement of any public road or roads, river, creek, or other water course, bordering on or within this Territory, or to any other fund now being or hereafter to be established by law for public purposes, and who shall fail or refuse to pay over all moneys, warrants, bills, notes and orders, which any such officers or persons shall receive for disbursement, and has not disbursed, or shall collect, or shall receive for safe keeping, belonging to this Territory, to any county of this Territory, or to any such fund as aforesaid, when such officer or person shall thereto be required by law, and demand duly made by the successor or successors, of such officer, or person in office, or by the officer or person to whom such money, warrants, bills, notes, or orders, ought by law to be paid over, or his or their attorney or agent duly authorized in writing, signed and acknowledged. If such demand be practicable, every such officer or person shall, on conviction, therefor be punished by impris onment in the Territorial prison for a term not less than two years, nor more than five years: Provided, That no person shall be imprisoned in the Territorial prison under this section, unless the money not paid over shall amount to more than one hundred dollars, or if it appear that such failure or refusal shall be occasioned by unavoidable accident or loss. Every person convicted under the provisions of this section shall forever thereafter be disqualified from holding any office of honor, trust, or profit, in this Territory.

SEC. 70. That if any officer of the Territory, or of any county, city or town, in this Territory, charged with the safe keeping, transfer, or disbursement of public moneys, shall convert to his own use, in any way whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan, with or without interest, any portion of the public moneys, bonds, or other evidences of indebtedness of the Territory, intrusted to him for safe keeping, transfer, or disbursement, or any other purpose, every such act

shall be deemed and adjudged to be an embezzlement of so much of such moneys as shall be thus taken, converted, invested, used or loaned, which is hereby declared to be felony; and the neglect or refusal to pay over on demand any public moneys in his hands upon the presentation of a draft, or order or warrant, drawn upon him by the proper officer, or any officer authorized by law, and signed by such officer, or to transfer, or disburse, any such moneys, promptly according to law, on the legal requirement of any officer authorized to make such requirement, shall be prima facie evidence of such conversion to his own use of the public moneys as may be in his hands. All persons advising, or knowingly or wilfully participating, in such embezzlement, upon being convicted thereof, before any court of this Territory, of competent jurisdiction, shall, for every such offence, forfeit and pay to the Territory, a fine equal to the amount embezzled, and shall suffer imprisonment in the Territorial prison for a term not less than two years, nor more than ten years.

SEC. 71. Every person who shall fraudulently or maliciously tear, burn, efface, cut, or in any way destroy any debt, lease, bond, will or any other writing sealed, or any bank bill, or note, check, warrant or certificate, for the payment of money or other thing, or the delivery of goods, or any certificate, or other public security of this Territory, or of the United States, or any State or Territory, for the payment of money, or any receipt, acquittance, release or defeasance, discharge of any debt, suit or other demand, or any transfer, or assurance of money, stock, goods, chattels, or other property, or any letter of attorney, or other power, or any daybook, or other book of account, or any agreement or contract whatsoever, with intent to defraud, prejudice, or injure any person, or body corporate, shall, upon conviction thereof, be punished by imprisonment in the Territorial prison, for a term not less than one year, nor more than five years.

SEC. 72. Every person who shall wilfully or maliciously remove any monument of stone, wood, or other durable material, erected for designating the corner, or other point, or any post or stake fixed or driven into the ground for the purpose of designating a point in a boundary of any lot or tract of land, or alter the marks on any tree, post, or other monument, made for the purpose of designating any point, course, or line, in the boundary of any lot