time, break any outer door, window or shutter of a window, or any other part of said house, to get out of the same, shall be adjudged guilty of burglary in the second degree. door with intent to commit a felo ny, burglary in the second degree. SEC. 59. Every person who, having entered the dwelling house Breaking inner of another in the night time, through an open outer door or window, or other aperture not made by such person, shall break ap inner door of the same house with intent to commit any felony or larceny, shall be adjudged guilty of burglary in the second degree. Person, door, with intent, second degree. SEO. 60. Every person who, being admitted into any dwelling Prag inner house with the consent of the occupant thereof, or who, being etc., burglary in lawfully in such house, shall in the night time break an inner door with intent to commit a felony or larceny, shall be adjudged guilty of burglary in the second degree. What deemed a part thereof, un der this act. SEC. 61. No building shall be deemed a dwelling house or any dwelling house or part of a dwelling house, within the meaning of the foregoing provisions, unless the same be joined to, immediately connected with and a part of a dwelling house. cur SEC. 62. Every person who shall be convicted of breaking and entering in the night time: First, Any building within the tilage of a dwelling house, but not forming a part thereof: or: Second, Any shop, store, booth, tent, warehouse or other building, or any boat or vessel, in which there shall be at the time, some human being, or any goods, wares or merchandise, or other valuable thing kept or deposited, with intent to steal or commit any felony therein, shall, on conviction, be adjudged guilty of burglary in the second degree. Persons convicted of certain offences declared guilty of burglary in the second degree. degree. SEC. 63. Every person who shall be convicted of breaking and Burglary in third entering, in the day time, any dwelling-house or other building, or any shop, store, booth, tent, boat or vessel, under such circumstances as would have constituted the offense of burglary in the second degree if committed in the night time, shall be deemed guilty of burglary in the third degree. dwelling house, SEC. 64. The breaking out of any dwelling house, or the Breaking out of breaking of the inner door thereof, by any person being therein, ete, not deemed shall not be deemed such breaking a dwelling house as to constitute burglary, in any case other than such as are herein particu larly specified. burglary. SEC. 65. Every person who shall be convicted of burglary, Punishment for shall be punished by confinement and hard labor, if in the first degree, not less than ten years nor more than twenty-one years; if in the second degree, not less than five nor more than ten years; if in the third degree, not exceeding five years. Burglary and larceny both committed at same time, how punished. Robbery in first degree. Robbery in second degree. Robbery in third degree. Punishment for robbery. Threatening let ters sent with a view to extort money, deemed SEC. 66. If any person, in committing burglary, shall also commit a larceny, he may be prosecuted for both offenses in the same count, or in separate counts of the same indictment, and, on conviction of such burglary and larceny, shall be punished by confinement and hard labor, in addition to the punishment hereinbefore prescribed for the burglary, not exceeding five years. SEC. 67. Every person who shall be convicted of feloniously taking the property of another from his person or in his presence, and against his will, by violence to his person or by putting him in fear of some immediate injury to his person, shall be adjudged guilty of robbery in the first degree. SEC. 68. Every person who shall be convicted of feloniously taking the personal property of another in his presence, or from his person, which shall have been delivered or suffered to be taken through fear of some injury to his person or property, or to the person of any relative or member of his family, threatened to be inflicted at some different time, which fear shall have been produced by the threats of the person so receiving or taking such property, shall be adjudged guilty of robbery in the second de gree. SEC. 69. If any person shall, either verbally or by a written or printed communication, accuse or threaten to accuse another of any felony, or threaten to do any injury to the person or property of any one, with a view or intent to extort or gain any money or property of any description, belonging to another, and shall, by intimidating him with said accusation or threat, extort or gain. from him any money or property, every such offender shall be deemed guilty of robbery in the third degree. SEC. 70. Every person convicted of robbery shall be punished. by confinement and hard labor, if in the first degree, not less than ten years nor more than twenty-one years; if in the second degree, not exceeding ten nor less than five years; if in the third degree, not exceeding five years. SEC. 71. Every person who shall knowingly send or deliver, or shall make, and, for the purpose of being delivered or sent, rob, how punish shall part with the possession of any letter or writing, with or an attempt to ed. without a name subscribed thereto, or signed with a fictitious name or with any letter, mark or other designation, threatening therein to accuse any person of a crime, or to do any injury to the person or property of any one, with a view or intent to extort or gain any money or property, of any description, belonging to another, shall, on conviction, be adjudged guilty of an attempt to rob, and shall be punished by confinement and hard labor, not exceeding five years. fined. SEC. 72. Every person who shall be convicted of feloniously Grand larceny dostealing, taking and carrying away any money, goods, rights in action or other personal property or valuable thing whatsoever, of the value of twenty dollars or more, or any horse, mare, gelding, colt, filly, ass, mule, neat cattle, sheep or hog, belonging to another, shall be deemed guilty of grand larceny. grand larceny. SEC. 73. Persons convicted of grand larceny shall be, punished Punishment for in the following cases, as follows: First, For stealing a horse, mare, gelding, colt, filly, mule or ass, by confinement and hard. labor, not exceeding seven years: Second, In all cases of grand larceny, except as provided in the two succeeding sections, by confinement and hard labor, not exceeding five years. punishment for. SEC. 74. Every person who shall steal, take, and carry away Petty larceny. any money or personal property or effects of another, under the value of twenty dollars, (not being the subject of grand larceny, without regard to value,) shall be deemed guilty of petty larceny, and, on conviction, shall be punished by imprisonment in a county jail, not exceeding one year, or by fine, not exceeding one hundred dollars, or by both such fine and imprisonment. dwelling house, SEC. 75. If any larceny be committed in a dwelling house or Larceny in a in any boat or vessel, or by stealing from the person in the night how punished." time, the offender may be punished by confinement and hard labor, not exceeding seven years. value of certain stolen. SEO. 76. If the property stolen consists of any bond, cove what deemed the nant, note, bill of exchange, draft, order or receipt, or any other paper securities evidence of debt, or of any public security issued by the United States or this Territory, or of any instrument whereby any demand, right or obligation shall be assigned, transferred, created, increased, released, extinguished or diminished, the money due thereon or secured thereby, and remaining unsatisfied, which, in any event or contingency, might be collected thereon, or the value of the property transferred or affected, as the case may be, shall be deemed prima facie evidence of the value of the article stolen. SEC. 77. If any person mark or brand, or alter the mark or brand of any animal, the subject of larceny, being the property of another, with intent to steal or convert the same to his own use, or shall wilfully kill such animal with intent to steal or convert to his own use the carcass or skin, or any part of the animal so killed, he shall be adjudged guilty of larceny, and punished in the same manner as if he had feloniously stolen such animal. Marking, altering the mark or kill ing the animal of another, deemed larceny, how pun ished. Stealing or em bezzling will or property grand larceny, how punished. SEC. 78. If any person steal or embezzle any will of real or affecting to personal property, or any deed or other instrument of writing, being or purporting to be the act of another, by which any right or interest in real or personal property shall be or purport to be assured, transferred or conveyed, or in any way changed or affected, shall be adjudged guilty of grand larceny, without reference to the value of the instrument so stolen or embezzled, and shall be punished by confinement and hard labor, not exceeding five years, or in the county jail, not less than six months, or by fine, not exceeding one thousand dollars or less than five hundred dollars, or by both a fine, not less than one hundred dollars, and imprisonment in the county jail, not less than three months. Stealing or em bezzling record or Aled in proper office, grand lar ceny, how punished. SEC. 79. Whoever shall be convicted of having stolen and carother document ried away or embezzled, any record, paper or proceeding of a court of justice, filed or deposited with any clerk or officer of such court, or any paper, document or record, filed or deposited in any public office or with any judicial officer, shall be adjudged guilty of grand larceny, without reference to the value of the record, paper, document or proceeding so stolen or embezzled, and shall be punished by confinement and hard labor, not exceeding five years, or in a county jail, not less than six months, or by fine, not less than five hundred dollars, or by both a fine, not less than one hundred dollars, and imprisonment in the county jail, not less than three months. Officers having eustody of papers or destroying the same, how pun ished. SEC. 80. Every officer or other person having the custody of etc., withdrawing any record, paper, document or proceeding, or any will, deed or other writing, specified in either of the last two sections, who shall fraudulently take away, withdraw or destroy, any such record, paper, document, proceeding, will, deed or instrument of writing, filed or deposited with him or left in his custody, shall, upon conviction, be punished by confinement and hard labor, not exceeding five years. Severing produce, etc., from the soil one's own use, deelared larceny. SEC. 81. If any person shall sever, from the soil of another, and converting to any produce growing thereon, of the value of more than five dollars, or shall sever, from any building or from any gate, fence or other railing or enclosure, or any part thereof, or any material of which it is composed, of the like value, and shall take and convert the same to his own use, with the intent to steal the same, he shall be deemed guilty of larceny in the same manner and of the same degree, as if the articles so taken had been severed at some different and previous time. SEC. 82. If any clerk, apprentice or servant of any private person or of any co-partnership, (except clerks, apprentices and Embezzling by clerks, servants, geuta, &o., how punished. servants within the age of sixteen years,) or if any officer, agent, clerk or servant of any incorporated company, or any person employed in any such capacity, shall embezzle or convert to his own use, or shall take, make way with, or secrete, with intent to embezzle or convert to his own use, without the assent of his master or employer, any money, goods, rights in action, or valuable security or effects whatsoever, belonging to any person, which shall have come into his possession or under his care, by virtue of such employment or office, he shall, upon conviction, be punished in the manner prescribed by law for stealing property of the kind or value of the articles so embezzled, taken or secreted. SEO. 83. Every embezzlement of any evidence of debt, nego- Embezzlement of tiable by delivery only, and actually executed by the master or negotiable by deemployer of such clerk, agent, officer or servant, but not delivered ishment. or issued as a valid instrument, shall be deemed an offense within the meaning of the last preceding section, and punished accordingly. evidence of debt livery only, pun carriers or other ished. SEC. 84. If any carrier or other bailee shall embezzle or con- Embezzlement by vert to his own use, or make way with or secrete, with intent to bailes, how punembezzle or convert to his own use, any money, goods, rights in action, property or valuable security, or other effects, which shall have been delivered to him, or shall have come into his possession or under his care as such bailee, although he shall not break any trunk, package, box or other thing in which he received them, he shall, upon conviction, be adjudged guilty of larceny, and punished in the manner prescribed by law for stealing property of the nature or value of the articles so embezzled, taken or secreted. tenant or lodger, SEC. 85. If any tenant or lodger shall take away, with intent Embezzlement by to embezzle, steal or purloin, any bedding, furniture, goods or how punished. chattels, or fixture, which, by contract, was let to him, to be used by him in or with any house, apartment, room or lodging, whether the contract for letting shall have been made by such person or by any person on his behalf, he shall be adjudged guilty of larceny, and punished in the same manner prescribed by law for stealing property of the value of the articles so stolen, purloined or embezzled. SEC. 86. Every person who shall buy or in any way receive any goods, money, rights in action, personal property, or any valuable security or effects whatsoever, that shall have been embezzled, taken or secreted, contrary to the provisions of the last four sections, or that shall have been stolen from another, knowing the same to have been so embezzled, taken or secreted, or stolen, ■hall, upon conviction, be punished in the same manner and to the Buying or receiv ing stolen property, knowingly, punished. |