Page:1864-65 Territory of Dakota Session Laws.pdf/156

144 the burning of which in the night time would be arson in the second degree, is arson in the third degree.

Section 537. Maliciously burning in the night time any building, not the subject of arson in the first or second degree, including any house for public worship, school house, or public building belonging to the people of this territory, or to any county, city, town or village, any building in which have usually been deposited the papers of any public officer, and any barn, mill or manufactory, is arson in the third degree.

Sec. 538. Maliciously burning in the day time any building the burning of which in the night time would be arson in the second [third] degree, is arson in the fourth degree.

Sec. 539. Arson is punishable by imprisonment in the territorial prison, as follows:

1. Arson in the first degree, for any term not less than ten years;

2. Arson in the second degree, not exceeding ten years and not less than seven years;

3. Arson in the third degree, not exceeding seven years and not less than four years;

4. Arson in the fourth degree, not exceeding four years and not less than one year; or by imprisonment in a county jail not exceeding one year.

Section 540. Burglary in the first degree defined.

541. Breaking into dwelling house in the day time burglary in the second degree.

542. Breaking inner door in night time, burglarly [sic] in second degree.

543. Such breaking by person lawfully in the house, burglarly [sic] in the second degree.

544. Breaking into dwelling house, when burglarly [sic] in third degree.

545. Other burglaries of the third degree.