Page:1887 Compiled Laws of Dakota Territory.pdf/1141

Larceny.

§ 6782. Larceny is divined into two degrees; the first of which is termed grand larceny, the second petit larceny.

§ 6783. Grand larceny is larceny committed in either of the following cases:

1. When the property taken is of value exceeding twenty dollars.

2. When such property, although not of value exceeding twenty dollars in value, is taken from the person of another. Larceny in other cases is petit larceny.

§ 6784. Grand larceny is punishable by imprisonment in the territorial prison not exceeding five years.

§ 6785. Petit larceny shall be punishable by a fine of not less than ten dollars or more than one hundred dollars, or imprisonment in the county jail not to exceed thirty days, or by both such fine and imprisonment, at the discretion of the court.

[For jurisdiction of justices of the peace in cases of petit larceny, see section 6509.]

§ 6786. When it appears upon the trial of an indictment for grand larceny that the larceny alleged was committed in any dwelling house or ve sel, the offender may be punished by imprisonment in the territorial prison not exceeding eight year.

§ 6787. When it appears upon such trial, that such larceny was committed by stealing in the night time, from the person of another, the offender may be punished by imprisonment in the territorial prison not exceeding ten years.

§ 6788. If the thing stolen consists of any evidence of debt or other written instrument, the am.ount of money due thereupon, or secured to be paid thereby, and remainiug unsatisfied, of which in any contingency might be collected thereon, or the value of the property the title to which is sho"-n thereby, or the sum which might be recovered in the absence thereof, as the case may be, hall be deemed the value of the thing stolen.

§ 6789. If the thing stolen is any ticket, or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad, or in any vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such con­veyance, shall be deemed the value of such ticket.

§ 6790. All the provisions of this chapter shall apply where the property taken is an instrument for the payment of money, evidence of debt, public security or passage ticket, completed and ready to be issued or delivered, though the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner.

§ 6791. All the provisions of this chapter shall apply where the thing taken is any fixture or part of the realty, and is sev­ered at the time of the taking, in the same manner as if such thing had been severed by another person at some previous time.

§ 6792. Every person who takes away any goods from any stranded or wrecked steamboat or other ves el, or any goods float­ing on the water, or goods cast by the water upon the shore, or goods lodged upon drift, snags or other obstructions in a water course, or goods found in any creek, or who knowingly becomes possessed of any such, and does not deliver the same within forty-eight hours thereafter, to the sheriff or the coroner of the county where the same w ere found, is guilty of a misde­meanor.