Penalty. cation, he shall be punished by fine not exceeding four hundred dollars. SEC. 39. If any person keep a house, shop, or place Gaming house resorted to for the purpose of gambling, or permit or suffer any person in any house, shop, or other place, under his control, or care, to play at cards, dice, faro, roulette, or other game for money, or other things, such offender shall be fined not more than eight hundred dollars, or imprisonment not exceeding one year, or both, at the discretion of the Court. In a prosecution under this section, any person who has the charge of, or attends to any such house, shop, or place, may be deemed the keeper thereof. Penalty Gaming. Penalty. All notes or SEC. 40. If any person play at any game for any sun of money, or other property of any value, or make any bet or wager for money, or other property of value, h shall be punished by fine not exceeding three hundred dollars, or by imprisonment not exceeding six months. SEC. 41. All promises, agreements, notes, bills, bonds, obligations for or other contracts, mortgages, or other securities, when gaming void. the whole, or any part of the consideration therof is for money, or other valuable thing won or lost, laid stakes, or bet, at or upon any game of any kind, or on any wager, are absolutely void, and of no effect. er burning, TITLE IV. OFFENCES AGAINST PROPERTY. SEC. 42. If any person wilfully and maliciously burn Arson and oth-the inhabited building, boat or vessel of another; or wilfully and maliciously set fire to any other building, boat or vessel owned by himself, or another, by which means such inhabited building, boat or vessel is burnt; if such offence is perpetra ted in the night time, or so caused to be burnt in the night time, such offender shall be punished by imprisonment for life, or any term of years; or if the crime shall have been committed in the day time, such of fender shall be punished by imprisonment not exceeding thirty years. Penalty. SEC. 43. If any person wilfully and maliciously so 4 burning burn any uninhabited dwelling house, boat or vessel, belonging to another; or any Court House, or other public building; if in the night time, he shall be punished by im-Penalty. burning. SEC. 44. If any person wilfully and maliciously burn, Other hous either in the night or day time, any warehouse, store, manufactory, mill, barn, stable, shop, office, out-house, or any building whatsoever of another, other than is mentioned in the preceding sections; or any bridge, lock, dam, or flue, he shall be punished by imprisonment not exceed-" ing fifteen years, and fined not exceeding one thousand dollars. 'Penalty. Attempt to SEC. 45. If any person set fire to any building, boat, or vessel, mentioned in the preceding sections, or to anyburn. material, with intent to cause any such building to be burnt, he shall be punished by imprisonment not exceeding Punishment. ten years, or fined not more than five hundred dollars. property. SEC. 46. If any person wilfully and maliciously burn, or otherwise destroy or injure any pile or parcel of wood, Burning other boards, timber, or other lumber; or any fence, bars or gate; or any stack of grain, hay, or other vegetable product severed from the soil, and not stacked; or any standing trees, grain, grass, or other standing product of the soil of another, he shall be punished by imprisonment, not more than five years, or by fine not more than five hundred dollars; or both fine and imprisonment, at the discretion of the court. Penalty Extends to SEC. 47. The preceding sections under this title sev-, erally extend to a married woman, who commits either of married wo the offences therein described though the property burnt, men. or set fire to may belong wholly or in part to her husband. intent to rob. SEC. 48. If any person break and enter any dwelling house in the night time, with intent to commit the crime Burglary with of murder, rape, robbery, larceny, or any other felony;' or after having entered with such intent, break any such dwelling house in the night time, any person being then lawfully therein, such offender shall be punished according to the aggravation of the offence, as provided in the following two sections. assault or has SEC. 49. If such offender, at the time of committing If armed shall such burglary, is armed with a dangerous weapon, or soaiders. Penalty. arm himself after having entered such dwelling house, or actually assault any person being lawfully therein; or have any confederates present aiding and abetting in such burglary, he shall be punished by imprisonment for life, or any term of years. SEC. 50. If such offender commit such burglary othIf burglary be wise than is mentioned in the preceding section, he shall mitted. be punished by imprisonment not exceeding twenty-five years. otherwise com Breaking open SEC. 51. It any person with intent to commit a felony warehouse &c.in the day time, break and enter, or in the night time enter without breaking, any dwelling house, or at any time break and enter any office, shop, store, warehouse, boat or vessel. or any buiding in which gools are kept for use, sale or deposit, he shall be punished by imprisonment, not more than ten years, or by fine not more than five hundred dollars, or both fine and imprisonment. Penalty. Larceny defined. Penalty. Larceny in atarm of fire. Penalty. TITLE V. LARCENY. SEC. 52. If any person steal, take, and carry away of the property of another, any money, goods, or chattels, any writ, process, or public record, any bond, bank note, promissory note, bill of exchange, or other bill, order or certificate, or any book of accounts respecting money, gools, or other things, or any deed, or writing containing a conveyance of real estate, or any contract in force, or any receipt, release, or defeazance, or any instrument, or writing whereby any demand, right, or obligation is created, increased, extinguished, or diminished, he is guilty of larceny, and shall be punished, when the value of the property stolen exceeds the sum of twenty dollars, by imprisonment not more than ten years; and when the value of the property stolen does not exceed the sum of twenty dollars, by fine not exceeding two hundred dollars, or imprisonment not exceeding one year. SEC. 53. If any person commit the crime of larceny by stealing from any building that is on fire, or stealing any property that is removed in consequence of an alarm caused by fire, or by stealing from the person of another, he shall be punished by imprisonment not exceeding fif teen years, nor les than one year. False persons SEC 54. If any person falsely personate, or repre-e sent another, and in such assumed character receive any money or property intended to be delivered to the party so personated, with intent to convert the same to his ownghall be lar use, he is guilty of larceny, and shall be punished accord-ceny. ingly. it finder makes SEC. 55. If any person come by finding, to the pos-! -Property found session of any personal property, of which he knows theuse. owner, and unlawfully appropriate the same, or any part thereof, to his use. he is guilty of larceny, and shall be Penalty. punished accordingly. SEC 56. If any officer entrusted with the collection, Embezzlement of public funds safe keeping, transfer, or disbursement of the public funds, unlawfully convert them, or any part thereof to his own use, every such act is an embezzlement of so much as is thus taken, converted, used, or unaccounted for, and the person so offending shall be punished by imprisonment not penalty. exceeding five years, and fined in a sum equal to the amount embezzled. And moreover, he is for ever after disqualified from holding any office under the laws of this Territory. erty. SEC. 57 If any other person to whom any money, goods, Embezzlement or other property which may be the subject of larceny of other prop has been entrusted as clerk, agent, or carrier, embezzle, or fraudulenly convert to his own use, any such money, Shall be larco goods, or other property, he is guilty of larceny, and shallny. be punished accordingly. embezzlement SEC. 58. If any person buy, receive, or aid in con-Accessory to cealing any stolen money, goods, or any property, the stealing of which is declared to be larceny, or property obtained by robbery or burglary, knowing the same was so obtained, he shall be punished by imprisonment, not more penalty. than five years, or fine not more than five hundred dollars, or both fine and imprisonment, at the discretion of the Court. tion of larceny SEC. 59. If any person having been before convicted of larceny, afterwards commit another larceny, and besecond convic thereof convicted; or if any person at the same term of shall be deem Court is convicted of, as principal or as accessory aftered a common the fact in three distinct larcenies, he is deemed a common and notorious thief, and shall be punished by impris-Penalty. accessories. Shall apply to onment not less than five years. The provision of this section shall apply to the buyer, receiver, or concealer of money, goods, &c., as mentioned in the preceding Third convic- section; and if any person is convicted three distinct times, at the same term of the court, or as above mentioned in case of a common and notorious thief, he shall be punished in the same manner. tion. Penalty. Shall not be SEC. 60. In any prosecution for the offence of buying, cessory to averreceiving, or aiding in the concealment of property so oba former trial tained, it shall not be necessary to aver, or to prove on the trial thereof, that the person who stole, robbed, or took the property, has been convicted. Value of the SEC. 61. If the property stolen consist of any bank books embez- note, bond, bill, covenant, bill of exchange, draft, order zled ascertain-or receipt, or any evidence whatever, or any public secu Forgery and defined. rity, or any instrument whereby any demand, right, or obligation may be assigned, transferred, created, increased, released, extinguished, or diminished, 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, as the case may be, shall be adjudged the value of the thing stolen. TITLE VI. OF FORGERY AND COUNTERFEITING. SEC. 62. If any person with intent to defraud, falsely counterfeiting make, alter, forge, or counterfeit any public record, or any process, issued or purporting to be issued by any competent authority, or any pleading or proceeding filed or entered in any court of law or equity; or any attestation, or certificate of any public officer, or other person, in relation to any matter wherein such attestation or certificate is required by law, or may be received, or be taken as legal proof, any charter, deed, will, testament, bond, writing obligatory, power of attorney, letter of credit, policy of insurance, bill of lading, bill of exchange, promissory note, or any order, acquittance, discharge, or accountable receipt for money, or other valuable thing, or any acceptance of any bill of exchange, promissory note or order, or of any debt or contract, or any other instrument in writing, being or purporting to be the act of anoth |