Page:1862-63 Territory of Dakota Session Laws.pdf/66

Rh Sec. 40. If any person shall falsely or fraudulently represent that he is the owner of any parcel or tract of land to which he has no title, and shall execute any deed of the same, with intent to defraud any person whatever, he shall be punished by imprisonment in the territorial prison not more than two years, nor less than six months.

Sec. 41. Every person who shall willfully and maliciously break down, injure, remove or destroy any dam, reservoir, canal or trench, or any gate, flume, flash boards, or other appurtenances thereof, or of the wheels, mill gear, or machinery of any mill, or shall willfully or wantonly, and without color of right, draw off the water contained in any mill-pond, reservoir, canal, or trench, shall be punished by imprisonment in the territorial prison, not more than two years, nor less than six months, or by fine not exceeding four hundred dollars, nor less than fifty dollars.

Sec. 42. Every person who shall willfully or maliciously break down, injure, remove or destroy any public toll or bridge, or railroad, or plank road, or telegraph posts or wires, or any turnpike or plank road gate, or any lock, calvert, or embankment of any canal, or shall willfully or maliciously make any aperture or beach in any such embankment, with intent to destroy or injure the same, shall be punished by imprisonment in the territorial prison, for not more than three years, nor less than six months, or by fine not exceeding six hundred dollars, nor less than fifty dollars.

Sec. 43. Every person who shall willfully and maliciously or wantonly and without cause, cut down and destroy, or by girdling, lopping, or otherwise, shall injure any fruit tree, or any other tree not his own, standing or growing for shade, ornament or other useful purposes, or shall maliciously or wantonly break the glass, or any part of it, in any building not his own, or shall maliciously break down any fence belonging to or inclosing land not his own, or shall maliciously throw down or open any bars, gate or fence, and leave the same down or open, or shall maliciously and injuriously sever from the freehold of another any produce thereof, or anything attached thereto, shall be punished by imprisonment in the county jail, not more than one year, nor less than three months, or by fine not exceeding two hundred dollars.