224. U. S. v. Lantry, SEC. 299. Whoever Sec. 323. Blackmail. 324. Injury to trees, works of art, etc. 325. Trespass by cutting down or carrying away 326. Trespass upon gardens, etc. 328. Injuries to birds and animals in public parks, etc. 329. Killing, maiming, or poisoning of animals. 330. Malicious injury to articles in libraries and museums. 331. Posting advertisements on private property without leave. 332. Unlawful taking of animals, etc. 333. Injuries to railroad tracks and appurte nances. 334. Altering signal or light of railway. 335. Damaging building by explosion. 336. Injuries to highways, monuments, gas pipes, etc. 337. Injuries to canals, ditches, waterworks, etc. 339. Tearing down official notices, etc. breaks and enters the dwelling 4 Black Com., house of another in the nighttime, with intent to commit 30 Fed. Rep., 232, a felony therein, shall be punished by imprisonment for not less than three years nor more than twenty years. Breaking into dwelling house in daytime. Housebreak ing. Possession burglarious Code, s. 466. in SEC. 300. Whoever breaks and enters the dwelling house of another in the daytime, with intent to commit a felony therein, shall be punished by imprisonment for not less than one year nor more than five years. SEC. 301. Whoever unlawfully breaks and enters any dwelling house under circumstances not constituting any offense defined in the two sections last preceding, or breaks and enters any room, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, or railroad car shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than three years. of SEC. 302. Whoever has upon him or in his possession a struments, etc. picklock, crow, key, bit, or other instrument or tool with Cal. Penal intent feloniously to break or enter into any building, or knowingly makes or alters, or attempts to make or alter, any key or other instrument above named so that the same will fit or open the lock of a building without being requested so to do by some person having the right to open the same, or makes, alters, or repairs any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a misdemeanor or felony, shall be punished by imprisonment for not more than one year. Any of the structures mentioned in the first three sections of this chapter shall be deemed a building in the meaning of this section. Arson of dwelling house. SEC. 303. Whoever wilfully and maliciously burns any Arson of dwelling house, or any store, barn, stable, or other building, parcel of any dwelling house, shall be imprisoned not less than five nor more than twenty years. SEC. 304. Whoever maliciously sets fire to, or burns, any arsenal, armory, magazine, ropewalk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn, or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel built or begun to be built, or repairing, or any light-house, or beacon, or any timber, cables, rigging, or other materials for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be punished by a fine of not more than five thousand dollars and by imprisonment for not more than ten years. R. S., s. 5385. 14 Atty. Gen. Op., 559. son of other R. S., s. 5386. Burning cer N. Y. Penal SEC. 305. Whoever wilfully burns or sets fire to any tain property, grain, grass, or growing crop, or standing timber, or to how punished. any building, fixtures or appurtenances to real property code, s. 637. of another, under circumstances not amounting to any of the offenses defined in the two sections last preceding, is punishable by imprisonment for not more than four years. SEC. 306. The three sections last preceding shall ally extend to a married woman who commits any of the offenses therein described, though the property burnt or 203, s. 6. set fire to belongs partly or wholly to her husband. sever Wife liable for burning property of husband. P. S. Mass., c. Burning in 114 Mass., 272. SEC. 307. Whoever wilfully burns a building or any sured property. goods, wares, merchandise, or other chattels which are at P. S. Mass., C. the time insured against loss or damage by fire, with intent 203;&a to injure the insurer, whether such person is the owner of the property burnt or not, shall be punished by a fine of not more than five thousand dollars and by imprisonment for not more than five years. Ex parte Crow Dog, 109 U.S., 556; SEC. 308. Whoever takes and carries away, with intent Larceny. to steal or purloin, the personal goods of another shall, if R. S., s. 5356. the value of the thing stolen is thirty-five dollars or more, U. S. v. Davis, 5 be imprisoned for not more than five years nor less than Mason, 356, 25 one year, or, if the value is less than that sum, be fined S. v. Davis, 2 N. Y. not more than two hundred dollars or imprisoned for more than three years, or both. · Fed. Cas., 781; U. Leg. Obs. 35, 25 not Fed. Cas., 784; U. S. v. Jackson, 2 N. Y. Leg. Obs. 3, 26 Fed. Cas., 558; U. S. v. Maxon, S. v. Hamilton, 1 Altering brands, etc. 1769. SEC. 309. Whoever wilfully and knowingly makes, Hill's Ann. alters, or defaces any artificial earmark or brand upon any Laws, Oreg., s. horse, mare, gelding, foal, mule, ass, jenny, sheep, goat, State v. Lee, 17 swine, bull, cow, steer, or heifer, the property of another, with intent thereby to convert the same to his own use, shall be punished by imprisonment for not less than one nor more than three years. Oreg., 488. mesticated mals. ani Larceny of do- SEC. 310. Whoever, without the consent of the owner and with a felonious intent, takes a beast or bird, domesticated or ordinarily kept in a state of confinement and not the subject of larceny at common law, shall be deemed guilty of larceny and shall be punished accordingly. 203, s. 32. Receiving stol en goods. Dog, supra. SEC. 311. Whoever buys, receives, or conceals any R. S., s. 5357. money, goods, bank notes, or other thing which may be Ex parte Crow the subject of larceny, and which has been feloniously taken or stolen, embezzled, or obtained by false pretenses from any other person, knowing the same to have been taken, stolen, embezzled, or obtained by false pretenses, shall be punished by a fine of not more than one thousand dollars and by imprisonment for not more than three Embezzlement and fraudulent conversion. Removing mortgaged property, etc. years. SEC. 312. Whoever embezzles or converts to his own use, or fraudulently takes or makes away with or secretes, with intent to embezzle or convert to his own use, anything of value which has been intrusted to him, or which has come into his possession by virtue of any office, appointment, employment, or occupation, is guilty of embezzlement, and shall be punished as for the larceny of the thing embezzled. Any evidence of debt negotiable by delivery only and actually executed is the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. SEC. 313. A mortgagor or conditional vendee of personal property in possession of the same who, without the consent of the mortgagee or conditional vendor, removes any of such property out of the political division in which such chattel mortgage, contract of sale, or other instrument is filed or recorded by authority of law, or who secretes, sells, assigns, exchanges, pledges, destroys, or otherwise disposes of any of such property with intent thereby to defraud the mortgagee or conditional vendor, shall be punished by imprisonment for not more than six months or by fine of not more than five hundred dollars, or both. SEC. 314. Whoever, with intent to defraud another, forges any document or instrument whereby the rights of another may be impaired or prejudiced is guilty of forgery and shall be punished by imprisonment for not less than one nor more than fourteen years. Forgery. Horn, 159 U. S., 30 Fed. Rep., 675; In re Benson, 34 Fed. Rep., 649; De Lemos v. U. S., 91 Fed. Rep., 497. Cal. Penal SEC. 315. Whoever, with intent to defraud another, False entries in makes, forges, or alters any entry in any book of records, turns. or any instrument purporting to be any record or return, is guilty of forgery and shall be punished as prescribed in the preceding section. People v. Bib by, 27 Pac. Rep., 781; People v. O'Brien, 31 Pac. Rep., 45, 96 Cal.,171. Forging trademarks. P. S. Mass., C. SEC. 316. Whoever knowingly and wilfully forges or counterfeits, or causes or procures to be forged or counterfeited, upon goods, wares, or merchandise a private 203, s. 68. label, stamp, or trade-mark of a merchant or manufacturer, with intent to defraud the purchaser or manufacturer of any goods, wares, or merchandise whatever, shall be punished by imprisonment for not more than six months, or by fine of not more than five hundred dollars, or both. having forged 203, s. 64. SEC. 317. Whoever vends any goods, wares, or mer- Selling wares chandise, having thereon a forged or counterfeited stamp, trade-marks. label, or trade-mark of any merchant or manufacturer, P. S. Mass., c. knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser, shall be punished by imprisonment for not more than six months, or by fine of not more than fifty dollars, or both. money by false Code, s. 564. SEC. 318. Whoever falsely personates another, and in obtaining such assumed character receives any money or property, personation. knowing that it is intended to be delivered to the indi-N. Y. Penal vidual so personated, with intent to convert the same to his own use, or to that of another person who is not entitled thereto, is punishable in the same manner and to the same extent as for larceny of the money or property so received. SEC. 319. Whoever, with intent to defraud or cheat Obtaining another, designedly, by color of any false token or writ- pretenses. ing or by any other false pretense, obtains a signature of any person to any written instrument, or obtains from any person any money, personal property, right in action, or other valuable thing or effects whatever, shall be deemed guilty of larceny and punished accordingly. 396; Jameson v. State, 37 Ibid.,445; Morgan v. SEC. 320. The use of a matured check or other order for property by false 645. V Laws Ark., s. McKenzie teri, 68; Johnson v. State, State, 11 Ark., 594; Burrows v. 26 Ibid., 242; State v. Vandemark, 35 Ibid., State, 42 Ibid., 131. Using false check or order. the payment of money, as a means of obtaining a signa- N. Y. Penal ture, money, or property as specified in the section last Code, s., 569. preceding, by a person who knows that the drawer thereof ple, 73 N. Y., 78; Lesser v. Peo Foote v. People, 17 Hun., 218; is not entitled to draw for the sum specified therein upon People v. Clem 280; People v. ents, 5 N. Y. Cr., the drawee, is the use of a false token within the meaning Ward, 15 Wend., of said section although no representation is made in Tompkins, 1 respect thereto. 231; People v. Park, 224. False weights, measures, etc. People v. Fish, ple v. Fiske, 1 Sheld., 537. SEC. 321. Whoever injures or defrauds another by N. Y. Penal using, with knowledge that the same is false, a false Code, ss. 550, 581. weight, measure, or other apparatus for determining the 4 Park, 206; Peo- quantity of any commodity or article of merchandise, or by knowingly delivering less than the quantity he represents, or who retains in his possession any weight or measure knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intending to use it or permit it to be used in violation of this section, is punishable by a fine of not more than one hundred dollars or imprisonment for not more than one year, or both. Extortion. Penal Code, s. 383. SEC. 322. Whoever intentionally puts a person in fear Anglo-Indian of any injury to that person or to any other, and thereby dishonestly causes the person so put in fear to part with any money, property, or valuable security, or anything signed or sealed which may be converted into a valuable security, shall be punished with imprisonment for not more than five years. Blackmail. Code, s., 558. People v. Grif People v. Wight Gillian, 50 Hun, SEC. 323. Whoever, knowing the contents thereof, and N. Y. Penal with intent, by means thereof, to extort or gain any fin, 2 Barb., 427; money or other property, or to do, abet, or procure any People v. Thomp illegal or wrongful act, sends, delivers, or in any manner man, 101 N. V. causes to be forwarded or received, or makes and parts 598; People with for the purpose that there may be sent or delivered, any letter or writing threatening (1) to accuse any person of a crime, or (2) to do any injury to any person or to any property, or (3) to publish or connive at publishing any libel, or (4) to expose or impute to any person any deformity or disgrace, is punishable by imprisonment for not more than five years. 37. Injury to trees, works of art, etc. 1184. ner, S. 314, 28 Fed. Cas., 386. SEC. 324. Whoever wilfully and maliciously, or wanR. S. D. C., s. tonly and without cause, cuts down or destroys, or by U. s. v. Wag-girdling, lopping, or otherwise injures any fruit or other Cranch, tree standing or growing for shade, ornament, or other useful purpose, or maliciously destroys, mutilates, or otherwise injures any statuary, morument, or other work of art, or maliciously breaks down or injures any fence, or maliciously severs from the freehold any product thereof or anything attached thereto, shall be punished by imprisonment for not more than three months, or by a fine of not more than one hundred dollars. |