Intent to destroy building requisite. Contiguous build ings. "Night time,' defined. "Build ing," defined. Inhabit ed build 2. In the second degree, by imprisonment for not less than seven nor more than fifteen years. 3. In the third degree, by imprisonment for not more than seven years. § 490. The burning of a building under circumstances which shows beyond a reasonable doubt that there was no intent to destroy it, is not arson. 491. Where an appurtenance to a building is so situated with reference to such building, or where any building is so situated with reference to another building that the burning of the one will manifestly endanger the other, a burning of the one is deemed a burning of the other, within the foregoing provisions, against any person actually participating in the original setting on fire, as of the moment when the fire from the one communicates to and sets on fire the other. § 492. The words "night time," as used in this chapter, include the period between sunset and sunrise, and every building or structure, which shall have been usually occupied by persons lodging therein at night, is a dwellinghouse within the meaning of this chapter. § 493. Any house, vessel, or other structure, capable of affording shelter for human beings, or appurtenant to, or connected with a structure so adapted, is a "building" within the meaning of this chapter. § 494. A building is deemed an "inhabited building' ing," de- within the meaning of this chapter, any part of which has usually been occupied by a person lodging therein at night. fined. Ownership of build ing. § 495. To constitute arson it is not necessary that another person than the defendant should have had ownership in the building set on fire. CHAPTER II. BURGLARY. SECTION 496. Burglary in first degree defined. 497. Id.; in second degree. 498. Id.; in third degree. 499. "Break," defined. 500. "Night time," defined. 501. "Enter," defined. 502. "Dwelling-house," defined. 503. Dwelling-houses, &c., when deemed separate. 504. "Building," defined. 505. Unlawfully entering building. 506. Burglar punishable separately for crime in building. 507. Burglary, how punished. 508. Possessing burglar's instruments, &c. in first degree de fined. § 496. A person, who, with intent to commit some crime Burglary therein, breaks and enters, in the night time, the dwellinghouse of another, in which there is at the time a human being, 1. Being armed with a dangerous weapon; or 2. Arming himself therein with such a weapon; or 3. Being assisted by a confederate actually present; or 4. Who, while engaged in the night time in effecting such entrance, or in committing any crime in such a building, or in escaping therefrom, assaults any person; Is guilty of burglary in the first degree. second de § 497. A person who, with intent to commit some crime rd.: in therein, breaks and enters the dwelling-house of another in gree. which there is a human being, under circumstances not amounting to burglary in the first degree, is guilty of burglary in the second degree. § 498. A person who either Id.; in third de 1. With intent to commit a crime therein, breaks and gree. enters a building, or a room, or any part of a building; or 2. Being in any building, commits a crime therein and breaks out of the same; Is guilty of burglary in the third degree. "Break" defined. 66 Night time," defined. "Enter, defined. "Dwell ing $499. The word "break," as used in this chapter, means and includes 1. Breaking or violently detaching any part, internal or external, of a building; or 2. Opening, for the purpose of entering therein, by any means whatever, any outer door of a building, or of any apartment or set of apartments therein separately used or occupied, or any window, shutter, scuttle, or other thing, used for covering or closing an opening thereto or therein, or which gives passage from one part thereof to another; or 3. Obtaining an entrance into such a building or apartment, by any threat or artifice used for that purpose, or by collusion with any person therein; or 4. Entering such a building or apartment by or through any pipe, chimney, or other opening, or by excavating, digging, or breaking through or under the building, or the walls or foundation thereof. § 500. The words "night time," in this chapter, include the period between sunset and sunrise. § 501. The word "enter," as used in this chapter, includes the entrance of the offender into such building or apartment, or the insertion therein of any part of his body or of any instrument or weapon held in his hand, and used, or intended to be used, to threaten or intimidate the inmates, or to detach or remove property. § 502. A building, any part of which is usually occupied house," by a person lodging therein at night, is, for the purposes of this chapter, deemed a dwelling-house. defined. Dwelling houses,&c. when separate. § 503. If a building is so constructed as to consist of deemed two or more parts, intended to be occupied by different tenants usually lodging therein at night, each part is deemed the separate dwelling-house of a tenant occupying the same. If a building is so constructed as to consist of two or more parts occupied by different tenants separately for any purpose, each part or apartment is considered a separate building within the meaning of this chapter. ing," de 504. The term "building," as used in this chapter, in- "Buildcludes a railway car, vessel, booth, tent, shop, or other erec. fined. tion or inclosure. fully en 505. A person who, under circumstances or in a man- Unlawner not amounting to a burglary, enters a building, or building. any part thereof, with intent to commit a felony or a lar ceny, or any malicious mischief, is guilty of a misdemeanor. punisha sepa crime § 506. A person who, having entered a building under Burglar such circumstances as to constitute burglary in any degree, bles for commits any crime therein, is punishable therefor, as well building. as for the burglary; and may be prosecuted for each crime, separately, or in the same indictment. § 507. Burglary is punishable by imprisonment in a Burglary, state prison, as follows: 1. Burglary in the first degree, for not less than ten years. 2. Burglary in the second degree, for not more than ten nor less than five years. 3. Burglary in the third degree, for not more than five years, nor less than one year. how punished. ing burg lar's in&c. § 508. A person who is found having in his possession Possess any pick-lock, false key, bit, nippers, or other instrument struments. adapted or commonly used for the commission of burglary, or larceny, being in or about a building, or in the night time, or otherwise under circumstances evincing an intent to use the same in the commission of a crime, is guilty of a misdemeanor, and if he has been previously convicted of any crime, he is guilty of a felony. Forgery in first CHAPTER III. FORGERY. SECTION 509. Forgery in first degree defined 510. Id.; false certificate to certain instruments. 512. Qualification of last section. 513. Other cases of forgery in second degree. 516. Forging passage tickets. 517. Forging U. S. stamps. 518. Officer of corporation selling, &c., shares. 519. Falsely indicating person as corporate officer. 520. Terms "forge," and " forging," generally defined. 524. Id.; in second degree. 525. Id.; in third degree. 526. Having possession of counterfeit coin. 527. Advertising counterfeit money. § 509. A person is guilty of forgery in the first degree degree de- who with intent to defraud, forges, fined. 1. A will or codicil of real or personal property, or the attestation thereof, or a deed or other instrument, being or purporting to be the act of another, by which any right or interest in property is or purports to be transferred, conveyed, or in any way charged or affected; or 2. A certificate of the acknowledgment or proof of a will, codicil, deed, or other instrument, which by law may be recorded or given in evidence when duly proved or acknowledged, made or purporting to have been made by a court or officer duly authorized to make such a certificate; or 3. A certificate, bond, paper writing, or other public security, issued or purporting to have been issued by or under the authority of this state, or of the United States, or of any other state or territory of the United States, or of any foreign government, country or state, or by any officer thereof |