Page:1862-63 Territory of Dakota Session Laws.pdf/57

48 ritorial prison, not more than fifteen years, nor less than five years.

Sec. 3. Every person who shall willfully and maliciously burn in the night time, any meeting house, church, court house, town house, college, academy, jail, or other building erected for public uses, or any ship, steamboat, or other vessel, or banking house, warehouse, store, manufactory, or mill of another, or any bard, stable, shop, or office of another, within the curtilage of any dwelling house, or any other building by the burning whereof any building mentioned in this section shall be burned in the night time, shall be punished by imprisonment in the territorial prison not more than fifteen years, nor less than five years.

Sec. 4. Every person who shall willfully and maliciously burn, in tho day time, any building mentioned in the next preceding section, the punishment for which, if burnt in the night time, would be imprisonment in the penitentiary not more than fifteen years nor less than five years, shall be punished by imprisonment in the territorial prison not more than eight years, nor less than four years.

Sec. 5. Every person who shall willfully and maliciously burn, in the night time or day time any banking house, warehouse, store, manufactory, mill, barn, stable, shop, out house, or other building whatever of another, other than is mentioned in the third section of this chapter, or any bridge, lock, dam, or flume, shall be punished by imprisonment in the territorial prison, not more than eight years, nor less than four years; and every person who shall make an unsuccessful attempt to commit either of the offenses mentioned in this or the preceding sections of this chapter, shall be punished by imprisonment in the territorial prison for a term not exceeding five years, nor less than one year.

Sec. 6. Every person who shall willfully and maliciously burn any pile or parcel of boards, timber, or other lumber, or any stack of hay, grain, or other vegetable product severed from the soil but not stacked, or any standing grain, grass, or other standing product of the soil, shall be punished by imprisonment in the territorial prison not more than two years, nor less than six months.