Page:Revised Codes of the State of North Dakota 1895.pdf/1345

Larceny. CHAPTER 4S.

LARCENY.

§ 7445. Larceny defined. Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.

§ 7446. Same. Appropriating lost property. One who saul, finds lost property under circumstances which give him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just, is guilty of larceny.

§ 7447. Degrees of larceny. Larceny is divided into two degrees; the first of which is termed grand larceny, the second petit larceny.

§ 7448. Grand and petit larceny defined. 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.

§ 7449. Punishment of grand larceny. Grand larceny is punishable by imprisonment in the penitentiary not less than one and not exceeding five years.

§ 7450. Punishment of petit larceny. 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 such fine and imprisonment, at the discretion of the court.

§ 7451. Grand larceny in house or vessel. When it appears upon the trial of an information or indictment for grand larceny that the larceny alleged was committed in any dwelling house or vessel. the offender may be punished by imprisonment in the penitentiary not less than one and not exceeding eight years.

§ 7452. Larceny in night time from person. 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 penitentiary not less than one and not exceeding ten years.

§ 7453. Larceny of written instruments. Value. If the thing stolen consists of any evidence of debt or other written instrument. the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, as the case may be, shall be deemed the value of the thing stolen.

§ 7454. Value of passage ticket. 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 1311