timber, soil, etc. 1185. SEC. 325. Whoever, without color of right, wilfully Trespass by commits any trespass by cutting down, destroying, or car- carrying away rying away any timber or wood, or any grass, hay, grain, R. S. D. C., §. or corn, or by digging up or carrying away any stone, ore, gravel, clay, sand, turf, or mold, or any roots, fruit, or plants, shall be punished by imprisonment for not more than six months, or by a fine of not more than one hundred dollars. Trespass upon gardens, etc. R. S. D. C., s. 1186. SEC. 326. Whoever, without color or right, wilfully commits any trespass by entering upon any garden, orchard, or other improved land, with intent to cut, take, carry away, destroy, or injure the trees, grain, grass, hay, fruit, or vegetables there growing or being, shall be punished by imprisonment for not more than sixty days, or by a fine of not more than fifty dollars. SEC. 327. Whoever wilfully mars, defaces, disfigures, Injuring buildsoils, breaks, or otherwise injures any building, vessel, or other structure, or any wall, door, window, or other part thereof, shall be punished by imprisonment for not more than one year or by a fine of not more than five hundred dollars, or by both. ings, etc. and animals in N. Y. Penal SEC. 328. Whoever kills, wounds, or traps any bird, juristbirds deer, squirrel, rabbit, or other animal within the limits of public parks, etc. any cemetery or public burying ground, or upon any pub- code, s. 640. lic park or pleasure ground, or removes the young of any such animal or the eggs of any such bird from any cemetery, park, or pleasure ground, or exposes for sale or knowingly buys or sells any bird or animal so killed or taken, is punishable by a fine of not more than one hundred dollars or by imprisonment for not more than three months, or both. ing, or poisoning of Killing, maimanimals. 203, s. 93. Cush., 559; 9 SEC. 329. Whoever wilfully and maliciously kills, maims, or disfigures any horse, cattle, or other beast of another person, or wilfully and maliciously administers poison to, P. S. Mass., c. or exposes any poisonous substance with intent that the Mass. 59; 3 same shall be taken or swallowed by any such beast or Gray, 299, 304; 105 beasts, shall be punished by imprisonment for not more than five years or by fine of not more than one thousand dollars, or both. Mass., 460. jury to articles in libraries and mu SEC. 330. Whoever maliciously cuts, tears, defaces, dis-, Malicious infigures, soils, obliterates, breaks, or destroys a book, map, sums. chart, picture, engraving, statue, coin, model, apparatus, Y. Y. Penal specimen, or other work of art or curiosity deposited in Code, s. 648. a public library, gallery, museum, collection, fair, or exhibition, is punishable by imprisonment for not more than Posting advertisements on private property without leave. 203, s. 102. one year or by a fine of not more than five hundred dollars, or by both. SEC. 331. Whoever paints or puts upon, or in any manner fixes to any fence, wall, structure, rock, or other natuP. S. Mass., c. ral object, any words, device, trade-mark, advertisement, or notice not required by law to be posted thereon, shall be punished by a fine of not more than one hundred dollars; but this provision shall not apply to a tenant or lessee of the premises upon which the offense was committed. Unlawful taking of animals, etc. 53, c. 203. Injuries to railroad tracks and Code, s. 635. 419; People v. Cr., 529. SEC. 332. Whoever wilfully, mischievously, or without right takes or uses a boat or vehicle, or takes, drives, rides, P. S. Mass., s. or uses a horse, ass, mule, ox, or any draft animal, the property of another, without the consent of the owner or other person having the legal custody, care, or control of the same, shall be punished by fine of not more than three hundred dollars or by imprisonment for not more than six months; but this section shall not apply to a case where the taking of the property of another is with the intent to steal the same, or where it is taken under a claim of right, or with the presumed consent of the owner or other person having the legal control, care, or custody of the same. SEC. 333. Whoever (1) displaces, removes, injures, or appurtenances. destroys any rail, sleeper, switch, bridge, viaduct, culvert, N. Y. Penal embankment, or structure, or any part thereof, attached, erton, 19 Wend appertaining to, or connected with any railway, whether Dowling, IN. Y operated by steam, horses, electric, or other motive power; or (2) places any obstruction upon the track of any such railway; or (3) wilfully destroys or breaks any guard erected or maintained by a railroad corporation as a warning signal for the protection of its employees; or (4) wilfully discharges a loaded firearm, or projects or throws a stone or other missile at a railway train, or at a locomotive, car, or vehicle standing or moving upon a railway; or (5) wilfully displaces or removes, cuts, injures, or destroys any wire, insulator, pole, dynamo, motor, locomotive, or any part thereof, attached, appertaining to or connected with any railway operated by electricity, or wilfully interferes with or interrupts any motive power used in running such railroad; or (6) removes a journal brass from the car while standing upon any railroad track without authority from some person who has a right to give such authority, is punishable as follows: First. If thereby the safety of any person is endangered, by imprisonment for not more than ten years. Second. In every other case by imprisonment for not more than three years, or by a fine of not more than two hundred and fifty dollars, or both. or light of rail N. Y. Penal SEC. 334. Whoever, with intent to bring a vessel, rail- Altering signal way engine, or railway train into danger, either (1) unlaw- way." fully or wrongfully shows, masks, extinguishes, alters, or code, s. 638. removes a light or other signal; or (2) exhibits any false light or signal, is punishable by imprisonment for not more than ten years. building by ex N. Y. Penal SEC. 335. Whoever unlawfully and maliciously, by the Damaging explosion of gunpowder or any other explosive substance, plosion. destroys or damages any building or vessel, is punishable code, s. 636. as follows: (1) If thereby the life or safety of a human being is endangered, by imprisonment for not more than ten years; (2) in every other case, by imprisonment for not more than five years. ways, monu etc. Waas v. Stevens, 128 N. Y., SEC. 336. Whoever wilfully or maliciously displaces, Injures to highremoves, injures, or destroys (1) a public highway or ments, gas pipes, bridge, or a private way laid out by authority of law, or N. Y. Penal a bridge upon such public or private way; or (2) a pier, Code, s. 639. boom, or dam, lawfully erected or maintained upon any NY St. water, or hoists any gate in or about such dam; or (3) a Rep., 883. pile or other material fixed in the ground and used for securing any sea bank or sea walls, or the bank or dam of any river or other water, or any dock, quay, jetty, or lock; or (4) a buoy or beacon lawfully placed in any waters; or (5) a tree, rock, post, or other monument, which has been either erected or marked for the purpose of designating a point in the boundary of a county, city, town, village, section, or any subdivision thereof, or a farm, mining claim, tract, or lot of land, or any mark or inscription thereon; or (6) a mile board, milestone, or guidepost erected upon or near a highway, or any inscription upon the same; or (7) a pipe or main for conducting gas or water, or any works erected for supplying buildings with gas or water, or any appurtenance or appendage connected therewith; or (8) a sewer or drain, or a pipe or main connected therewith, or forming part thereof; or who (9) destroys or damages with intent to destroy or render useless any engine, machine, tool, or implement intended for use in trade or husbandry, is punishable by imprisonment for not more than one year. SEC. 337. Whoever wilfully or maliciously cuts, breaks, Injuries to injures, or destroys any bridge, dam, canal, flume, aque- waterworks, etc. duct, levee, embankment, reservoir, or other structure Mont. Penal erected to create hydraulic power, or to store or conduct Code, s. 1058. Telegraph and telephone lines. water for mining, manufacturing, or agricultural purposes, or for the supply of the inhabitants of any city or town, or any embankment necessary to the same, or either of them, or wilfully or maliciously makes or causes to be made any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure, with intent to injure or destroy the same, is punishable by fine not less than one hundred dollars, or by imprisonment for not more than two years, or both. SEC. 338. Whoever (1) wilfully or maliciously displaces, N. Y. Penal removes, injures, or destroys a line of telegraph or teleCode, ss. 639, 641. phone wire or cable, pier, or abutment, or the material or property belonging thereto, without lawful authority; or (2) who unlawfully and wilfully cuts, breaks, taps, or makes connection with any telegraph or telephone line, wire, cable, or instrument, or reads or copies in any unauthorized manner any message, communication, or report passing over it; or (3) who wilfully prevents, obstructs, or delays, by any means or contrivance whatsoever, the sending, transmission, conveyance, or delivery of any authorized message, communication, or report by or through any telegraph or telephone line, wire, or cable; or (4) who aids, agrees with, employs or conspires with any person or persons to unlawfully do or cause or permit to be done any of the acts herein before mentioned; or (5) who occupies or uses a line or knowingly permits another to occupy or use a line, room, table, establishment, or apparatus, or unlawfully does or causes to be done any of the acts herein before mentioned; or (6) who wrongfully obtains or attempts to obtain any knowledge of a telegraphic or telephonic message by connivance with a clerk, operator, messenger, or other employee of a telegraph or telephone company; or (7) being such clerk, operator, messenger, or other employee, wilfully divulges to any one but the person for whom it was intended the contents or the nature of a telegraphic or telephonic message or dispatch intrusted to him for transmission or delivery, or of which contents he may in any manner become possessed, or occupying such position in a telegraph office wilfully refuses or neglects duly to transmit or deliver messages received at such office, except when such telegraphic or telephonic message or dispatch is in aid of or used to abet or carry on any unlawful business or traffic, or to perpetrate any criminal offense, is punishable by a fine of not more than one thousand dollars, or by imprisonment for not more than six months, or by both. notices, Penal SEC. 339. Whoever intentionally defaces, obliterates, Tearing down tears down, or destroys any copy or transcript or extract etc. from or of any law of the United States, or of State any or Territory, or any proclamation, advertisement, or notification set up at any place by authority of any law of the United States, or of any State or Territory, or by order of any court, before the expiration of the time for which the same was to remain set up, is punishable by a fine of not less than twenty nor more than one hundred dollars, or by imprisonment for not more than one month. instruments. SEC. 340. Whoever maliciously mutilates, tears, defaces, Mutilation, obliterates, or destroys any written instrument, the property of another, the false making of which would be forgery, is punishable by imprisonment for not more a Cal. Penal code, s. 617. Bank v. Wolff, 21 First Nat. Pac. Rep., 551. 354. Remaining present after warning. 355. Remaining after meeting has adopted un lawful purpose. 356. Disturbing lawful meetings. 357. Boisterous conduct, offensive language, etc. 358. Carrying concealed weapons. 359. Forcible entry and detainer. 360. Returning to take possession of lands after being legally removed. 361. False alarm of fire. in duel, challeng 202, s. 12. SEC. 341. Whoever engages in a duel with a deadly Engaging weapon, or challenges another to fight such duel, or sends ing, etc. or delivers a written or verbal message purporting or P. S. Mass., c. intended to be such challenge, although no duel ensues, pl Barker v. Peoshall be punished by imprisonment not exceeding twenty 457; State v. Peryears, and not less than one year. 20 Johns, kins, 6 Blackf., 20; Augier v. People, 34 Ill., 486; Com. v. Hart, 6 J. J. Marsh, 119. or carrying chal a duel. Ives v. State, 12 ton's case, 3 C. H. SEC. 342. Whoever accepts such challenge or knowingly Accepting carries or delivers any such challenge or message, whether lenge or abetting a duel ensues or not, and whoever is present at the fight- P. S. Mass., c. ing of a duel with deadly weapons as an aid, second, or 202, s. 13. surgeon, or advises, encourages, or promotes such duel, Ala., 276; Norshall be punished by imprisonment not exceeding five Rec., 90; Wood's years, or a fine not exceeding five hundred dollars, or both. 129. SEC. 343. Whoever posts another, or in writing or print Posting anothuses any reproachful or contemptuous language to or con- ing a duel. cerning another for not fighting a duel, or for not sending, P. S. Mass., c. case, 3 C. H. Rec., er for not fight 202, s. 14. |