Page:1862-63 Territory of Dakota Session Laws.pdf/56

Rh Sec. 44. If any person shall assault another, with intent to commit any burglary, robbery, rape, manslaughter, mayhem, or any felony, the punishment of which assault is not herein prescribed, shall be punished by imprisonment in the territorial prison, not more than three years, nor less than six months, or by fine not exceeding one thousand dollars, nor less than one hundred dollars.

Section 1. Every person who shall willfully and maliciously burn in the night time, the dwelling house of another, whereby the life of any person shall be destroyed, or shall in the night time, willfully and maliciously set fire to any other building owned by himself or another, by the burning whereof such dwelling house shall be burnt in the night time, whereby the life of any person shall be destroyed, shall suffer the same punishment as provided for the crime of murder in the second degree; but if the life of no person shall have been destroyed, he shall be punished by imprisonment in the territorial prison not more than fourteen years, nor less than seven years; and if at the time of committing the offense there was no person lawfully in the dwelling house so burnt, he shall be punished by imprisonment in the territorial prison not more than ten years, nor less than three years.

Sec. 2. Every person who shall willfully and maliciously burn in the day time the dwelling house of another, or any building adjoining such dwelling house, and shall willfully and maliciously set fire to any building owned by himself or another, by the burning whereof such dwelling house shall be burnt in the day time, or shall in the day time willfully and maliciously set fire to any building owned by himself or another, by the burning whereof such dwelling house shall be burnt in the night time, he shall be punished by imprisonment in the ter-