Page:United States Statutes at Large Volume 30.djvu/1296

 1258 FIFTY-FIFTH CON GRESS. Sess. III. Ch. 429. 1899. d Bamiglgr M in Sec. 38. That if any person shall break and enter any building within W g °°°' the curtilage of any dwelling house, but not forming a part thereof, or shall break and enter any building or part thereof, booth, tent, railway car, vessel, boat, or other structure or erection in which any property is kept, with intent to steal therein or to commit any felony therein, such person shall be deemed guilty of burglary, and upon conviction , thereof shall be punished by imprisonment in the penitentiary not less than two nor more than live years. _ Burglary in dwell- Sec. 39. That if any person, having committed or attempted to com- $R.°`;,`fi,’,’{tft°°”‘°° mit a crime in the dwelling house of another, shall break any outer door, window shutter, or other part of such house, to get out of the same, such person shall be deemed guilty of burglary, and upon conviction thereof shall be punished by imprisonment in the penitentiary not les than one nor more than three years. Br¤•ki¤:•¤d_¤¤¢¤r· Sec. 40. That every unlawful entry of a dwelling house with intent °""h"°°“‘°°""“* to commit a crime therein shall be deemed a breaking and entering of such dwelling house within the meaning of section thirty-seven; and every unlawful entry of any building, booth, tent, railway car, vessel, boat, or other structure or erection mentioned in section thirty-eight, with intent to steal or commit any felony therein, shall be deemed a breaking and entering of the same within the meaning of such section thirty-eight. 1-¤r¤¤¤y· Sec. 41. That if any person shall steal any goods or chattels, or any Government note, or bank note, promissory note, or bill of exchange, ‘ bond, or other thing in action, or any book of accounts, order, or certificate, concerning money or goods, due or to become due or to be delivered, or any deed or writing containing a conveyance of land or any interest therein, or any bill of sale, or writing containing a convey- ance of goods or chattels or any interest therein, or any other valuable contract in force, or any receipt, release, or defeasance, or any writ, process, or public record, the property of another, such person shall be ' deemed' guilty of larceny, and upon conviction thereof if the property stolen. shall exceed in value thirty-five dollars, shall be punished by imprisonment in the penitentiary not less than one nor more than ten years; but if the property stolen shall not exceed the value of thirty- tive dollars, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than gn?] year, or by fine not less than twenty-five nor more than one hundred o ars. Wham: 3,:%, Src. 42._ That if any person shall commit the crime of larceny in ,,,·_°' P" ‘any dwelling house, banking house, office, store, shop, or warehouse, or in any ship, steamboat, or other vessel, or shall break and enter in the night or day time any church, court-house, meetinghouse, townhouse, college, academy, or other building erected or used for public uses, and commit the crime of larceny therein, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than seven years. h01;_§;¤:gby¤¤¤l¤z SEQ. 43. That if any person shall commit the crime of larceny by ' stealing any horse, gelding, mare, colt, mule, ass, jenny, bull, steer, cow, calf, reindeer, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor megs this: meen years. Driving dnmenic nc. . at any person, not the owner or owners who shall know- {,,",,"Q,_‘]f,,,,_°`°"' "'”" ingly take or drive, without the consent of the owrler or owners, or cause to be taken or driven, or shall assist in driving or taking away from the range or place where the same may be lawfully grazing, pass turing, or ranging, any horse, colt, mare, foal, mule, ass, jenny, or bull, gow, heifer, steer, calf, reindeer, sheep, hog, or any other description of domestic animal or animals, from where the same may be lawfully graz-, ing or in the habit of ranging, or where the same may have been herded or placed by the owner or owners thereof, for a distance of more than ten miles from such place where the same may have been so located or placed by the owner or owners thereof, or where the same may be in