day time, break and enter, or in the night time enter without breaking, any dwelling house, or at any time break and enter any office, shop, store, warehouse, boat or vessel, or any building in which any goods, merchandise or valuable things are kept, for use, sale, or deposit, he shall be punished by imprisonment in the penitentiary not more than ten years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year.

Larceny.

CHAPTER III.

LARCENY, AND RECEIVING STOLEN GOODS.

SEC. 40. If any person steal, take or convey away any of the property of another, any money, goods or chattels, any writ, process or public record, any bond, bank note, promissory note, bill of exchange or other bill, order or certificate, or any book of accounts respecting money, goods or other things, or any deed or writing, containing a conveyance of real estate, or any contract in force, or any receipt, release or defeasance, or any instrument or writing whereby any demand, right or obligation is created, increased, extinguished or diminished, he is guilty of larceny, and shall be punished, when the value of the property stolen exceeds the sum of twenty dollars, by imprisonment in the penitentiary not more than five years; and when the value of the property stolen does not exceed the sum of twenty dollars, by fine not exceeding one hundred dollars and imprisoned in the county jail not exceeding one year.

Same.

SEC. 41. If any person, in the night time, commit larceny in any dwelling house, store or any public or private building, or in any boat or water craft, when the value of the property stolen exceeds the sum of twenty dollars, he shall be imprisoned in the penitentiary not exceeding ten years; and when the value of the property stolen is less than twenty dollars, by fine not exceeding three hundred dollars and imprisonment in the county jail not exceeding one year.

Personating another.

SEC. 42. If any person falsely personate or represent another, and in such assumed character receive any money or property intended to be delivered to the party so personated, with intent to convert the same to his own use, he is guilty of larceny, and shall be punished accordingly.

Finding property.

SEC. 43. If any person come, by finding, to the possession of any personal property, of which he knows the owner, and unlawfully appropriate the same, or any part thereof, to his use, he is guilty of larceny, and shall be punished accordingly.

Embezzlement by public officers.

SEC. 44. If any officer within this Territory, charged with the collection, safe keeping, transfer or disbursment of public money, uunlawfully convert to his own use, in any way whatever, or use by way of investment in any kind of property, or loan, without the authority of law, any portion of the public money entrusted to him for collection, safe keeping, transfer or disbursment, every such act is an embezzlement of so much of said money as is thus taken, converted, invested, used, loaned, or unaccounted for, and, on conviction thereof, he shall be imprisoned in the penitentiary not exceeding five years, and fined in a sum equal to the amount of money embezzled; and, moreover, he is forever afterward disqualified from holding any office, under the laws or constitution of this Territory.

Embezzlement by clerks, servants, &c.

SEC. 45. If any officer, agent, clerk or servant of any incorporated company, or if any clerk, agent or servant of a copartnership, or of any person over the age of sixteen years embezzle and fraudulently convert to his own use, or take and secrete, with intent to convert to his own use, without the consent of his employer or master, any money or property of another, which has come to his possession, or is under his care by virtue of such employment, he is guilty of larceny, and shall be punished accordingly.

By carriers.

SEC.46. If any carrier or other person, to whom any money, goods or other property which may be the subject of larceny, has been delivered, to be carried for him, or if any other person intrusted with such property, embezzle or fraudulently convert to his own use any such money, goods or other property, either in the mass as the same were delivered, or otherwise, and before the same were delivered at the place, or to the person where, and to whom, they were to be delivered, he is guilty of larceny, and shall be punished accordingly.

Receiving stolen property.

SEC. 47. If any person buy, receive, or aid in concealing any stolen money, goods, or any property, the stealing of which is declared to be larceny, or property obtained by robbery or burglary, knowing the same was so obtained, he shall be punished by imprisonment in the penitentiary not more than five years, or by

fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year.

Larceny 2d offence.

SEC. 48. If any person having been before convicted of larceny, afterward commit another larceny, and be thereof convicted, or if any person, at the same term of court, is convicted as principal or as accessory, after the fact in three distinct larcenies, he is deemed a common and notorious thief, and shall be punished by imprisonment in the penitentiary for not less than five years. Receiving stolen goods-2d offence.

SEC. 49. If any person, after having been convicted of the offenes of buying, receiving, or aiding in the concealment of stolen money, goods or any property, the stealing of which is larceny, or property obtained by robbery or burglary, be again convicted of the like offense, or if an person, at the same term of court is convicted of three distinct acts of buying, receiving, or aiding in the concealment of stolen money, goods or any property obtained by robbery or burglary, knowing the same was so obtained, he shall be punished as provided in the preceding section.

Bank bills, &c.

SEC. 50. If the property stolen consists of any bank note, bond, bill, covenant, bill of exchange, draft, order or receit, or any evidence of debt whatever, or any public security, the money due thereon, or the value of the property affected, as the case may be, shall be adjudged the value of the things stolen.

Forgery.

CHAPTER IV.

FORGERY AND COUNTERFEITING.

SEC. 51. If any person, with intent to defraud, falsely make, alter, forge or counterfeit any public record; any charter, deed, will, testament, bond, writing, obligatory, power of attorney, letter of credit, policy of insurance, bill of lading, bill of exchange, promissory note or any other instrument in writing, being or purporting to be the act of another, by which any pecuniary demand or obligation, or any right or interest in or to any property whatever, is, or purports to be, created, increased, conveyed, discharged or diminished, he shall be punished by imprisonment in the penitentiary not more than ten years.

SEC. 52. If any person utter and publish, as true, any record, process, certificate, deed, will or any other instrument of writing

mentioned in the preceding section, knowing the same to be false, altered, forged or counterfeited, with intent to defraud, he shall be punished by imprisonment in the penitentiary not more than fifteen years, and fined not exceeding one thousand dollars.

Forging notes, certificates, &c.; Punishment therefor.

SEC. 53. If any person, with intent to defraud, falsely make, alter, forge or counterfeit any note, certificate, territorial bond, warrant or other instrument, being public security for money or other property, issued or purporting to be issued by authority of this Territory, or any of the States or Territories of the United States, or any indorsement or other writing, purporting to transfer the right of interest of any holder of such public security, any bank bill, promissory note, draft or other evidence of debt, issued or purporting to be issued by any corporation or company, duly authorized for that purpose by any Territory or State of the United States, or any other government or country, with intent to injure or defraud, he shall be punished by imprisonment in the penitentiary not more than ten years, or by fine not exceeding three hundred dollars and imprisonment in the county jail not exceeding one year.

Having forged or counterfeit bill, or note, &c. in possession.

SEC. 54. If any person has in his possession any forged, counterfeit or altered bank bill, promissory note, draft or other evidence of debt, issued, or purporting to be issued, as is mentioned in the preceding section, with intent to defraud, knowing them to be so forged, counterfeited or altered, he shall be punished by imprisonment in the penitentiary not more than five years, or by fine not exceeding two hundred dollars, and imprisonment in the county jail not exceeding one year.

Uttering counterfeit money.

SEC. 55. If any person utter or pass, or tender in payment, as true, any false, altered, forged or counterfeit note, certificate, Territorial warrant, bond or other instrument of public security, or any bank bill, promissory note, draft or other evidence of debt, issued or purporting to be issuued by any corporation or company duly authorized, as heretofore mentioned, knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud, he shall be punished by imprisonment in the penitentiary not more than ten years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding one year. Keeping plate, press, or tools for counterfeiting.

SEC. 56. If any person make, engrave, mend or have in his possession, any plate, press, moulds, instruments or other tools, which are, or may be, used or designed for forging or making the

aforesaid false or counterfeit papers, or any counterfeit or bogus coin, with intent to use the same, or cause or permit the same to be used, shall be punished by imprisonment in the penitentiary for not more than five years.

Making or passing counterfeit coin.

SEC. 57. If any person forge or counterfeit any gold or silver coin, current by law or usage within this Territory, or if any person have in his possession any number of pieces of such false or counterfeit coin, with intent to pass the same as true, and any person who passes or tenders in payment any such false or counterfeit coin, and knowing the same to be false, shall be punished by imprisonment in the penitentiary not exceeding eight years, or find not more than five hundred dollars and imprisoned in the county jail not exceeding one year.

Connecting together different parts of a genuine bill so as to produce a counterfeit.

SEC. 58. If any person fraudulently connect together different parts of several genuine bills, notes or other instruments, so as to produce one of a different kind of denomination, or if any fictitious or pretended signature of any man, officer or agent of any corporation be fraudulently affixed to any instrument of writing, the same is a forgery, though no such officer, agent or corporation ever existed; or if any total or partial erasure or obliteration of any note, bond, bill, certificate or other instrument of writing mentioned in this chapter, with intent to defraud, the same shall be deemed a forgery, and the offender shall be punished by imprisonment in the penitentiary not exceeding five years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year.

Altering seal; How punished.

SEC. 59. Every person who is convicted of having forged, counterfeited or falsely altered the great seal of this Territory, or the seal of any public office authorized by law, or the seal of any court, corporation, city or county, or who falsely makes, forges or counterfeits any impression purporting to be the impression of any such seal, with intent to defraud, shall be punished by imprisonment in the penitentiary not exceeding ten years.

CHAPTER V.

OFFENCES AGAINST PUBLIC JUSTICE.

Of perjury, and its punishment.

SEC. 60. If any person, on oath or affirmation, lawfully administered, wilfully and corruptly swear or affirm falsely to any