Page:1862-63 Territory of Dakota Session Laws.pdf/97

88 5. If the offense so attempted, be punishable by imprisonment and by fine, the offender convicted of such attempt, may be punished by both imprisonment and fine not exceeding one half of the longest time of imprisonment, and one half of the greatest fine, which may be imposed upon a conviction for the offense so attempted.

Sec. 17. If any person convicted of any offense punishable by fine or imprisonment, or both, shall be discharged on payment of such fine, or expiration of such imprisonment, or both; or on being pardoned and shall subsequently be convicted of a like offense; or if the first offense were a felony, shall subsequently be convicted of any other felony, such person may for such second or subsequent offense, on conviction, be punished by fine or imprisonment, or both, not exceeding double the amount, or extent of that which might have been inflicted or imposed for the first offense according to law.

Sec. 18. The term “felonious" in any statute, means “criminal.” The term “feloniously" means “criminally." The term "infamous crime" in any statute, includes every offense punishable with death or imprisonment in the territorial prison. The term “personal property” when used in any part of this act relating to crimes and punishments, or criminal proceedings, includes goods, chattels, effects, moneys, evidences of rights in action, and all written instruments by which any pecuniary obligation, or any right or title to property, real or personal, shall be created, acknowledged, transferred, increased, defeated, discharged or diminished; and the term “property," when so used, includes personal property as thus defined, and also every estate, interest and right in lands, tenements and hereditaments. The term “person," as used in this act, to designate the party whose rights or property may be the subject of any offense, shall be construed to include in the United States, this territory, or any county, town, state, government, or country, which may lawfully own any property within this territory, and all public and private corporations, as well as individuals.