Page:Revised Codes of the State of North Dakota 1895.pdf/1337

Burglary. § 7394. Exception. Appurtenance to building. No warehouse, barn, shed or other outhouse, is a subject of arson in the first degree, unless it is immediately connected with, and forms part of an inhabited building.

§ 7395. Arson in second degree. Maliciously burning in the daytime an inhabited building, in which there is at the time some human being. is arson in the second degree.

§ 7396. When burning in nighttime is. Maliciously burning in the nighttime a building, not an inhabited building, but adjoining to or within the curtilage of an inhabited building in which there is at the time some human being, so that such inhabited building is endangered, even though it is not in fact injured by such burning, is arson in the second degree.

§ 7397. Arson in third degree. Maliciously burning in the daytime a building, the burning of which in the nighttime would be arson in the second degree, is arson in the third degree.

§ 7398. When burning in nighttime is. Maliciously burning in the nighttime 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 state, 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.

§ 7399. Arson in fourth degree. Maliciously burning in the daytime any building, the burning of which in the nighttime would be arson in the third degree, is arson in the fourth degree.

§ 7400. Punishment for arson. Arson is punishable by imprisonment in the penitentiary as follows:

1. Arson in the first degree, for any terin 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 not exceeding seve 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.

CHAPTER 46.

BURGLARY AND HOUSE BREAKING.

§ 7401. Burglary in first degree defined. Every person who breaks into and enters in the nighttime, the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:

1. By forcibly bursting or breaking the wall, or an outer door, window or shutter of a window of such house, or the lock or bolt of such door, or the fastening of such window or shutter: or,

2. By breaking in any other manner, being armed with a dangerous weapon, or being assisted or aided by one or more confederates, then actually present: or, 1303