Page:Revised Codes of the State of North Dakota 1895.pdf/1339

Forgery and Counterfeiting. nippers, pick, betty or other implement of burglary, with intent to break and enter any building, booth, tent, railroad car, vessel or other structure or erection, and to commit any felony therein, is guilty of a misdemeanor.

§ 7411. Unlawfully entering building. Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel or other structure or erection with intent to comit any felony, larceny or malicious mischief, is guilty of a misdemeanor.

§ 7412. Dwelling house defined. The term "dwelling house, as used in this chapter, includes every house or edifice, any part of which has usual been occ bied by any person lodgi therein at night, and any structure joined to and immediately connected with such a house or edifice.

§ 7413. Nighttime defined. The word " nighttime," in this chapter includes the period between sunset and sunrise.

CHAPTER 47.

FORGERY AND COUNTERFEITING.

§ 7414. Forgery in first degree. Every person who, with intent to defraud, forges, counterfeits or falsely alters:

1. Any will or codicil of real or personal property, or any deed or other instrument being or purporting to be the act of another, by which any right or interest in real property is or purports to be. transferred, conveyed or in any way charged or affected; or,

2. Any certificate or indorsement of the acknowledgment by any person of any deed or other instrument which by law may be recorded or giren in evidence, made or purporting to have been made by any officer duly authorized to make such certificate or indorsement; or,

3. Any certificate of the proof of any deed, will, codicil or other instrument which by law may be recorded or given in evidence, made or purporting to have been made by any court or officer duly authorized to make such certificate,

Is guilty of forgery in the first degree.

§ 7416. Same. Public securities. Every person who, with intent to defraud, forges, counterfeits or falsely alters:

1. Any certificate or other public security, issued or purporting to have been issued under the authority of this state by virtue of any law thereof, by which certificate or other public security, the payment of any money absolutely or upon any contingency is promised, or the receipt of any money or property acknowledged; or,

2. Any certificate of any share, right or interest in any public stock created by virtue of any law of this state issued or purporting to have been issued by any public officer, or any other evidence of any debt or liability, of the state, either absolute or contingent, issued or purporting to have been issued by any public officer; or,

3. Any indorsement or other instrument transferring or purporting to transfer the right or interest of any holder of any such certifi- 1305