Fraudulent weights. Penalty. Quartz mills. Penalty. Fraudulent agreements. SEC. 140. If any person shall knowingly have, keep, or use any false or fraudulent scales, or weights, for weighing gold, or gold dust, or any other article or commodity; every such person so offending, shall, on conviction, be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months. SEC. 141. The owner, manager, or agent of any species of quartz mill, arastra mill, furnace or cupel, employed in extracting gold from quartz, pyrites or other minerals, who shall neglect or refuse to account for, or pay over and deliver all the proceeds thereof to the owner of such quartz, pyrites, or other minerals, excepting such portion of said proceeds as he is entitled to in return for his services, shall, on conviction, be fined in a sum not exceeding one thousand dollars, or be imprisoned in the penitentiary not exceeding one year. SEC. 142. Any person or persons, who, after once selling, bartering or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands, or town lot or lots, shall again, knowingly and fraudulently sell, barter or dispose of the same tract or tracts of land, or town lot or lots, or any parts thereof, or shall, knowingly and fraudulently, execute any bond or agreement to sell or barter, or dispose of the same land, or lot or lots, or any part thereof, to any person or persons, for a valuable consideration; every such offender, upon Panishment. conviction thereof, shall be punished by confinement in the penitentiary for a term not less than one year nor more than ten years. False weights SEC. 143. If any person shall knowingly sell by false weights and measures. or measures, or shall knowingly use false measures at any mill, in taking toll for grinding corn, wheat, rye or other grain, he shall be deemed a common cheat, and, on conviction, shall be fined not less than two hundred dollars, and be imprisoned in the county jail not exceeding three months. Penalty. Bona fide receipts. Vouchers. Second receipts. SEC. 144. That no warehouseman, wharfinger or other person, shall issue any receipt or other voucher for any goods, wares, merchandise, grain or other produce or commodity, to any person or persons purporting to be the owner or owners thereof, unless such goods, wares, merchandise or other produce or commodity, shall have been, bona fide, received into store by such warehouseman or wharfinger, or other person, and shall be in store and under his control at the time of issuing such receipt. SEC. 145. That no warehouseman, wharfinger, or other person, shall issue any receipt or other voucher upon any goods, wares, merchandise, grain or other produce, or commodity, to any person or persons, as security for any money loaned, or other indebtedness, unless such goods, wares, merchandise, grain or other produce or commodity, shall be, at the time of issuing such receipt, the property of such warehouseman or wharfinger, or other person, and shall be in store and under his control at the time of issuing such receipt or other voucher as aforesaid. SEC. 146. That no warehouseman, wharfinger or other person, shall issue any second receipt for any goods, wares, merchandise, grain or other produce or commodity, while any former receipt for any such goods or chattels as aforesaid, or any part thereof, shall be outstanding and uncanceled. sent. SEC. 147. That no warehouseman, wharfinger, or other person, written asshall sell or encumber, ship, transfer, or in any manner remove beyond his immediate control, any goods, wares, merchandise, grain or other produce or commodity, for which a receipt shall have been given as aforesaid, without the written assent of the person or persons holding such receipt. SEC. 148. Any warehouseman, wharfinger, or other person, who cheat. shall violate any of the foregoing provisions, relating to warehousemen, shall be deemed a cheat, and be subject to indictment, and, upon conviction, shall be fined in any sum not exceeding one thousand dollars, and imprisoned in the penitentiary of this Ter- Penalty. ritory not exceeding five years; and all and every person aggrieved may have, and maintain, an action on the case against the person or persons violating any of the foregoing provisions relating to warehousemen, to recover all damages, immediate or consequential, which he or they may have sustained by reason of such violation as aforesaid, before any court of competent jurisdiction, whether such person shall have been convicted as a cheat under the foregoing sections or not. certificates. SEC. 149. Every president, cashier, treasurer, secretary or Fraudulent other officer, and agent of any bank, railroad, manufacturing or other corporations, who shall wilfully and designedly sign, with intent to issue, sell, pledge or cause to be issued, sold or pledged, any false, fraudulent or simulated certificate, or other evidence of the ownership or transfer of any share or shares of the capital stock of such corporation, or any instrument purporting to be a certificate, or other evidence of such ownership or transfer, for the signing, issuing, selling or pledging of which, such president, cashier, treasurer or other officer or agent, shall not be authorized by the charter and by-laws of such corporation, or by some amendment thereof, shall be adjudged guilty of felony; and any such Guilty of feloperson or persons shall be liable to indictment, and, on conviction, shall be punished by fine not exceeding two thousand dollars, and by imprisonment in the penitentiary not more than ten years, as the jury shall determine. ny. certificates of SEC. 150. Every president, cashier, treasurer, secretary or other Fraudulent officer, and every agent, attorney, servant or employe of any bank, stock, etc. railroad, manufacturing or other corporation, and every other person who shall knowingly and designedly, or with intent to defraud any person or persons, bank, railroad, manufacturing or other corporation, issue, sell, transfer, assign or pledge, or cause or procure to be issued, sold, transferred, assigned or pledged, any false, fraudulent, or simulated certificate, or other evidence of ownership, or of any share or shares, of the capital stock of any bank, railroad, manufacturing, or other corporation; every such person so issuing, selling, transferring, assigning, or pledging or causing the same to be done, shall be adjudged guilty of felony and shall Penalty. be liable to indictment, and, on conviction, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment in the penitentiary not more than ten years, as the jury may determine. Public ranch. Malicio's mischief. Penalty. Destruction of jails. Penalty. Discretionary punishment. Fines a'd punishment. Proviso. [SEC. 150. If any person keeping a public ranch or stable, shall use, or allow to be used, without the consent of the owner, any horse, ox, mule, or ass, that shall be left with him to be ranched, or fed, he shall forfeit to the owner, all ranch or stable fees that may be due upon such animal used, and the additional sum of five dollars for each day such animal may have been used; to be collected in the same manner as other debts.] TITLE XI. Fraudulent and Malicious Mischief. SEC. 151. If any person shall wilfully and maliciously cut down, break down, level, demolish, or otherwise destroy or damage any bridge, embankment, mill dam, or ditch, being the property of another, or break or destroy the windows or doors of any dwelling house or other house, belonging to or occupied by another, or shall set fire to, or burn, or destroy, or procure or cause to be burnt or destroyed, any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain of any kind, being the property of another, or shall cut down, girdle, or destroy any fruit or shade tree, standing or growing upon the premises of another, or cut, pull down, or destroy any gate, post, railing or fence; pull down, burn or destroy any pile or piles of wood, boards, or plank, or other lumber, being the property of another, or shall for malice or mischief, overturn any cart, wagon or other carriage, or run them into sloughs, holes, or other places, or shall cut loose or set adrift any canoe, ferry, flat, skiff, boat, or other vessel for mischief, or shall unlawfully, wantonly, wilfully, maliciously, kill, wound, disfigure or destroy any horse, mare, filley, colt or gelding, or any bull, ox, steer, bullock, cow, heifer, or calf, or any sheep or lamb, or any hog, pig or dog, or any other useful animal, being the property of another; every person so offending, on conviction, shall be fined not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding three months, or both. SEC. 152. It any person shall wilfully and intentionally break down, pull down, or otherwise destroy or injure, in whole, or in part, any public jail, or other place of confinement; every person so offending, shall, upon conviction, be fined in any sum not exceed ing five thousand dollars, nor less than the value of such jail or place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act. SEC. 153. Whenever the punishment for any crime or misdemeanor is discretionary, as to the amount or extent, the jury may determine and [af]fix the same, whether the punishment consists of imprisonment or fine. SEC. 154. All fines imposed by virtue of any of the laws of this Territory for the punishment of crimes and misdemeanors, where no other provisions are made, shall, when collected, be paid into the treasury of the county where the offense shall be tried, for the use of such county; Provided, That nothing in this section contained, shall be so construed as to found or constitute a cause of challenge or objection to any grand or petit juror. SEC. 155. Any court shall have power, in all cases of conviction Pow'r of co'rts when any fine is inflicted, to order, as part of the judgment of the court, that the offender shall be committed to jail, there to remain until the fine and costs are fully paid, or otherwise legally discharged. Approved, December 10th, 1869. [NOTE.-Sections 114, 131 and 153 were amended to read as above and section 132 stricken out, by act of December 16, 1871. Section 96 was amended to read as above by act of December 10, 1875, and section 38 was amended to read as above by act of December 11, 1875. -COMPILERS.] CHAPTER 36. Duty of county commissioners. Auditor's warrant. CRIMINALS, INSANE AND OTHERS. AN ACT to Provide for Criminals, Insane and Certain Other Persons. Be it enacted by the Council and House of Representatives of the SECTION 1. In any county in this Territory, when it becomes necessary to transport, or transport and provide for, any idiot, lunatic, insane, blind, deaf, deaf mute or criminal, to any eastern asylum, school or prison, it shall be the duty of the county commissioners of such county, upon proper and satisfactory representation to them, to apply to the governor for pecuniary or other aid in such case. SEC. 2. Then, if the governor approve the application, he is hereby authorized to call upon the auditor for a warrant upon the treasurer in favor of the board of county commissioners, sufficient for the purpose, and it shall be placed in the hands of the county commissioners, who shall be officially and personally responsible for the proper application of such fund, as far as they may able. be SEC. 3. This act shall take effect and be in force from and after its passage. Approved, 7th December, 1869. |