Page:1862 Territory of Dakota Session Laws.pdf/184

CHAP. IX.] of such negro, mulatto, or colored person, any person so offending, shall be deemed to have committed the crime of kidnapping, and upon conviction thereof, shall be punished as in the preceding section.

. 55. Every person who shall wilfully and maliciously burn, or cause to be burned, any dwelling-house, kitchen, office, shop, barn, stable, storehouse, warehouse, malt house, stilling house, factory, mill, pottery, or other building, the property of any other person, or any church, meeting-house, school-house, state house, court house, work-house, jail, or other public building, or any boat or other water craft, or any bridge of the value of fifty dollars, erected across any of the waters of this territory, such person so offending shall be deemed guilty of arson, and upon conviction thereof, shall be punished by imprisonment in the penitentiary for a term not less than one year, nor more than ten years: and should the life or lives of any person or persons be lost in consequence of any such burning, as aforesaid, such offender shall be deemed guilty of murder, and shall be indicted and punished accordingly. Every person who shall wilfully and maliciously set fire to any of the buildings or other property described in the foregoing section, with intent to burn or destroy the same, shall be deemed guilty of a felony, and upon conviction thereof, shall be imprisoned in the penitentiary for a term not exceeding two years, and be fined in a sum not exceeding five hundred dollars.

. 56. Every person who shall, in the night time, wilfully and maliciously and forcibly break and enter, or wilfully and maliciously, without force (the doors or windows being open), enter into any dwelling-house, kitchen, office, shop, storehouse, warehouse, malt house, stilling house, mill, pottery, factory, water craft, church, or meeting-house, with intent to commit murder, robbery, rape, mayhem, larceny, or other felony, shall be deemed guilty of burglary, and upon conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than ten years.