Page:Revised Codes of the State of North Dakota 1895.pdf/1364

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§§ 7503-7569
PENAL CODE.
Malicious Mischief.

encourages any animal to attack, bite, wound or worry another, is guilty of a misdemeanor.

§ 7563. Officer's duty to arrest. It is hereby made the duty of every sheriff, deputy sheriff, constable, marshal or police officer within this state upon request of any citizen thereof to arrest, without a warrant, any person found violating any of the provisions of the last section, and any such officer failing, neglecting or refusing to perform such chaty, is guilty of a misdemeanor.

§ 7564. Wounding or trapping birds in cemetery. Every person who, within any public cemetery or burying ground, wounds or traps any birds or destroys any bird's nest, or removes any eggs or Young birds from any nest; and every person who buys or sells or trers or keeps for sale, any bird which has been killed or trapped in violation of this section, is punishable by a fine of five dollars for each offense. recoverable in any justice's court within the county where the offense is committed.

§ 7565. Burning buildings, grain and hay. Every person who willfully hurns any building not the subject of arson, any stack of grain of any kind or of any hay, any growing or standing grain, grass, trees or fence, not the property of such person, is punishable by imprisonment in the penitentiary not exceeding four years and not less than one year, or by imprisonment in a county jail not exceeding one year.

§ 7566. Injuring house of worship. Every person who willfully breaks, defaces or otherwise injures any house of worship, or any part thereof or any appurtenance thereto, or any book, furniture, ornament, musical instrument, article of silver or plated ware or other chattel kept therein for use in connection with religious worship, is guilty of felony.

§ 7567. Destroying building with explosive. Every person who maliciously, by the explosion of gunpowder or other explosive substance, troys, throws down or injures the whole or any part of any building, by means of which the life or safety of any human being is endangered, is punishable by imprisonment in the penitentiary not exceeding ten years and not less than three.

§ 7568. Endangering human life with explosive. Every person who places in, upon, under, against or near to any building any gunpowder or other explosive substance, with intent to destroy, throw down or injure the whole or any part thereof, under circumstances that, if such intent were accomplished, human life or safety would be endangered thereby, although no damage is done, is guilty of felony

§ 7569. Malicious injury to freehold. Every person who willfully commits any trespass by either:

1. Cutting down or destroying any kind of wood or timber, standing or growing upon the lands of another; or driving or riding through, into or across any cultivated hedge or tree row, or any grove of ornamental trees or orchard of fruit trees growing upon the land of another, or in any other manner injuring the same; or,

2. Carrying away any kind of wood or timber that has been cut down and is lying on such lands; or,

3. Maliciously severing from the freehold any produce thereof, or anything attached thereto; or,

4. Digging, taking or carrying away from any lot situated within the bounds of any incorporated city, without the license of the owner1331