Page:1887 Compiled Laws of Dakota Territory.pdf/1142

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§§ 6793-6800
PENAL CODE.
Embezzlement.

Unlawful to give false pedigree of animals.
s. 593, Pen. C.

§ 6793. Every person who buys or receives, in any manner, upon any consideration, any personal property of any value whatsoever, that has been stolen from any other knowing the same to have been stolen, is punishable by imprisonment in the territorial prison not exceeding five years, or in the county jail not exceeding six months, or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment.

Fraudulent consumption of gas.
s. 594, Pen. C.

§ 6794. Every person who, with intent to defraud, makes or causes to be made, any pipe or other instrument or contrivance, and connects the same, or causes it to be connected, with any pipe laid for conducting illuminating gas, so as to conduct gas to a point where the same may be consumed without its passing through the meter provided for registering the quantity consumed, or in any other manner so as to evade paying therefor, and every person who with like intent injures or alters any gas meter, or obstructs its action, is guilty of a misdemeanor.

Larceny out of the territory.
s. 595, Pen. C.

§ 6795. Every person who steals the property of another in any other state or country, and brings the same into this territory, may be convicted and punished in the same manner as if such larceny had been committed in this territory; and such larceny may be charged to have been committed in any town or city into or through which such stolen property has been brought.

CHAPTER 45.

EMBEZZLEMENT.

Section.

6796. Embezzlement defined.

6797. When officer is guilty of embezzlement.

6798. When carrier or other person is guilty.

6799. When trustee is guilty.

6800. Bailee guilty.

6801. Clerk or servant.

6802. Distinct taking not necessary.

Section.

6803. Evidence of debt subject to embezzlement.

6804. Property taken under claim of title.

6805. Intent to restore no defense.

6806. Mitigation of punishment.

6807. Punishment of embezzlement.

Embezzlement defined.
s. 596, Pen. C.

§ 6796. Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.

When officer is guilty of embezzlement.
s. 597, Pen. C.

§ 6797. If any person, being an officer, director, trustee, clerk, servant or agent of any association, society or corporation, public or private, fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control in virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, he is guilty of embezzlement.

When carrier or other person is guilty of embezzlement.
s. 598, Pen. C.

§ 6798. If any carrier or other person having under his control personal property for the purpose of transportation for hire, fraudulently appropriates it to any use or purpose inconsistent with the safe keeping of such property and its transportation according to his trust, he is guilty of embezzlement, whether he has broken the package in which such property is contained, or has otherwise separated the items thereof, or not.

When trustee, etc., is guilty of embezzlement.
s. 599, Pen. C.

§ 6799. If any person being a trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator or collector, or being otherwise entrusted with or having in his control property for the use of any other person, or for any public or benevolent purpose, fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, he is guilty of embezzlement.

Bailee guilty of embezzlement.
s. 600, Pen. C.
§ 6800. If any person being entrusted with any property as bailee, or with any power of attorney for the sale or transfer

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