Page:Revised Codes of the State of North Dakota 1895.pdf/1361

Malicious Injuries to Railroads. tiary not less than one and not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

§ 7544. Selling goods without consent of holder of bill of lading. Every person mentioned in sections 7540 and 7511, who sells, hypothecates or pledges any merchandise for which any bill of lacing, receipt or voucher has been issued by him, without the consent in writing thereto of the person holding such bill, receipt or voucher, is punishable by imprisonment in the penitentiary not less than one and not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

§ 7545. Bill of lading or receipt must be canceled. Every person, such as mentioned in section 7541, who delivers to another any merchandise for which any bill of lading, receipt or voucher has been issued, unless such receipt or voucher bore upon its face the words "not negotiable," plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of such delivery, or unless, in the case of a partial delivery, a memorandum thereof is indorsed upon such receipt or voucher, is punishable by imprisonment in the penitentiary not less than one and not exceeding five years, or by a fine not exceeding one thousand dollars, or both.

§ 7546. When last two sections do not apply. The last two sections do not apply when property is demanded by virtue of process of law.

CHAPTER 61.

MALICIOUS INJURIES TO RAILROADS, HIGHWAYS, BRIDGES, TELEGRAPHS AND DITCHES.

§ 7547. Injuries to railroads. Every person who maliciously, either:

1. Removes, displaces, injures or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house or other structure or fixture, on any part thereof, attached to or connected with any railroad; or,

2. Places any obstruction upon the rails or track of any railroad, or any branch, branch way or turnout connected with any railroad,

Is punishable by imprisonment in the penitentiary not less than one and not exceeding four years, or in a county jail not less than six months.

§ 7548. When death results therefrom. Whenever any offense specified in the last section results in the death of any human being, the offender is punishable by imprisonment in the penitentiary for not less than four years.

§ 7549. Injuries to highways. Every person who maliciously digs up, removes, displaces, breaks or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such way, is guilty of felony. 1327