*§ 63. Obstructing engines, etc., on railroads-penalties. Whoever shall wilfully obstruct any engine or carriage passing upon any railroad, so as to endanger the safety of persons conveyed in or upon the same, or shall assist or aid therein, shall be punished by imprisonment in the state prison not exceeding twenty years. (1868, c. 57. § 2.) *§ 64. Same-penalty for attempt. Whoever shall wilfully do or cause to be done anything with intent to obstruct any engine or carriage passing upon any railroad, or with intent to endanger the safety of persons conveyed in or upon the same, or whoever shall aid or assist therein, shall be punished by imprisonment in the state prison not more than five years, or by fine not exceeding five hundred dollars, nor less than one hundred dollars, and by imprisonment in the county jail not more than one year, nor less than three months. (Id. § 3.) See post, c. 95, § 54, §§ 84-90. * 65. Doors of public halls, etc., to swing outward. That the doors of all theatres, opera-houses, public halls, and places used for public entertainments, exhibitions or meetings, and which doors are used, either exclusively or in part, for the purpose of admission to and egress from the same, shall be so hung and arranged as to open outwardly; and during any exhibition, entertainment or meeting held therein, such doors shall be kept unlocked and unfastened, and in such a condition that, in case of danger or necessity, immediate escape from any such theatre, opera-house, or public hall or place, will not be prevented or interfered with by such doors thereof being locked, or otherwise fastened. (1875, c. 92, § 1.) * 66. Same-penalty for violation. Any person or persons owning any theatre, operahouse, public hall, building or place used for public exhibitions, entertainments or meetings, or who, as agent for the owner of the same, shall rent the same, or allow it to be used for the public purposes aforesaid, without first having the doors thereof hung and arranged as provided by section one, shall, for each and every violation thereof, be guilty of a misdemeanor, and, upon conviction thereof, be each fined in a sum not exceeding one hundred dollars, and not less than twenty-five dollars, and, in default of the payment of the said fine and costs, shall be committed to the county jail of the proper county, for a period not exceeding two months, and not less than fifteen days: provided, however, that the provisions of this act shall not apply to the use or renting of any theatre, opera-house, public building or hall, now used for such purposes, until on or before the first day of July, A. D. eighteen hundred and seventy-five. (Id. § 2.) NOTE.-See c. 95, § 91, infra, for general provision as to injuries to persons or property. SECTION. CHAPTER XCV. OFFENCES AGAINST PROPERTY. SECTION. 1-5. Burning dwelling at night-in daytime- 52-53. Malicious injuries to dams, etc-to bridges, burning other buildings at night or in daytime-attempts. 6. Burning grain, lumber, etc. 7. Preceding sections extend to married women, 8. Burning property to injure insurer. 19-22. Burglary-in dwelling-house by person roads, telegraph posts, etc. 54. Obstructing railroads. 55-56. 57. 58. 59-60. 66. 75-76. 79-80. 23-25. Larceny-in dwelling-house, office, etc- 42. False receipts, etc., by warehouseman, etc. 45. Gross frauds and cheats. any 82-83. 84-87. 88-90. 91. 98-99. Malicious injury to trees, fences, etc-to monuments, signs, etc. Wilful trespass on improved land, with intent, etc. Jurisdiction of justices of peace. Girdling or cutting down trees-carrying away timber, earth, etc. Unlawful taking of irut, etc-wilful injury Wilfully false marking of animals, etc. Smoking in buildings, etc., where notice is Draining meandered lakes-penalty-dam- Liability of owner of sheep-killing dog- Wilful injury to telegraphs-disclosing contents of telegrams. Breaking down railroad gates, fences, etc. -leaving railroad gates, etc., open-penalties-company not liable, if it furnishes gate-locks, etc. Walking on railroad bridges-malicious injury to railroads-presumption of malice. Wilful or negligent injury to property, how punished. Canada thistles declared a nuisance-penalty for allowing them to go to seed-for neglect to destroy-duty of supervisors— prosecutions before justice-duty of every person to destroy thistles-disposal of flues-appeals to district court. Picking cranberries before September 1stpenalty-prosecutions-disposal of fines. § 1. Burning dwelling at night, how punished. Whoever wilfully and maliciously burns, in the night-time, the dwelling-house of another, whereby the life of any person is destroyed, or, in the night-time, wilfully and maliciously sets fire to other building owned by himself or another, by the burning whereof such dwelling-house is burned in the night-time, whereby the life of any person is destroyed, shall suffer the same punishment as is provided for the crime of murder in the second degree; but if the life of no person was dest royed, he shall be punished by imprisonment in the state prison not more than fourteen years, nor less than seven years; and if, at the time of committing the offence, there was no person lawfully in the dwelling-house so burnt, he s hall be punished by imprisonment in the state prison not more than ten years, nor less than three years. $2. Burning dweiling in daytime, etc. Whoever wilfully and maliciously burns, in the daytime, the dwelling-house of another, or any building adjoining such dwelling-house, and wilfully and maliciously sets fire to any building owned by himself or another, by the burning whereof such dwelling-house is burnt in the daytime, or, in the daytime, wilfully and maliciously sets fire to any building owned by himself or another, by the burning whereof such dwelling-house is burned in the night-time, shall be punished by imprisonment in the state prison not more than fifteen years, nor less than five years. §3. Burning buildings, etc., at night. Whoever wilfully and maliciously burns, in the night-time, any meeting-house, church, court-house, town-house, college, academy, jail, or other building erected for public uses, or any ship, steamboat, or other vessel, or any banking-house, warehouse, store, manufactory or mill of another, or any barn, stable, shop or office of another, within the curtilage of any dwelling-house, or any other building, by the burning whereof any building mentioned in this section is burnt in the night-time, shall be punished by imprisonment in the state prison not more than fifteen years, nor less than five years. $4. Burning building etc., in daytime. Whoever wilfully and maliciously burns, in the daytime, any building mentioned in the preceding section, the punishment for which, if burnt in the night-time, would be imprisonment in the state prison not more than fifteen years, nor less than five years, shall be punished by imprisonment in the state prison not more than eight years, nor less than four years. $5. Burning, or attempt to burn building, &c., at any time. Whoever wilfully and maliciously burns, in the night-time or day-time, any banking-house, warehouse, store, manufactory, mill, barn, stable, shop, outhouse, or other building whatever of another, other than is mentioned in the third section of this chapter, or any bridge, lock, dam or flume, shall be punished by imprisonment in the state prison not more than eight years, nor less than four years; and whoever makes an unsuccessful attempt to commit either of the offences mentioned in this or the preceding sections of this chapter, shall be punished by imprisonment in the state prison for a term not exceeding five years, nor less than one year. § 6. Burning grain, timber, etc. Whoever wilfully and maliciously burns any pile or parcel of boards, timber, or other lumber, or any stack of hay, grain, or other vegetable product severed from the soil but not stacked, or any standing grain, grass, or other standing product of the soil, shall be punished by imprisonment in the state prison not more than two years, nor less than six months. $7. Preceding sections extend to married women. The preceding sections shall severally extend to a married woman who may commit either of the offences therein described, though the property burnt or set fire to may belong partly or wholly to her husband. § 8. Burning property to injure insurer. Whoever wilfully burns any goods, wares, merchandise, or other chattels, or any dwelling-house, hotel, store, or other building, which is at the time insured against loss or damage by fire, with intent to injure the insurer, whether such person is the owner of the property burnt or not, shall be punished by imprisonment in the state prison not more than ten years, nor less than three years. *§ 9. Obstructing the putting-out of fire, etc. Whoever, within twenty-four hours prior or during the burning of a building or other property, wilfully and maliciously cuts or removes any bell-rope or telegraph wire in the vicinity of such building or property, or otherwise prevents an alarm being given, or cuts, injures or destroys an engine or hose, or other fire apparatus, in said vicinity, or otherwise wilfully and maliciously prevents or obstructs the extinguishing of any fire, shall be deemed guilty of the burning as accessory after the fact, and be punished by imprisonment in the state prison not exceeding seven years, or in jail not exceeding three years, or by fine not exceeding one thousand dollars. (1874. c. 49, § 1. * 10. Penalty for stealing at fires. Whoever steals in a building that is on fire, or steals any property removed in consequence of an alarm caused by a fire, shall be punished, if the value of the property exceeds the sum of one hundred dollars, by imprisonment in the state prison not exceeding five years, or fine not exceeding five hundred dollars; where the value of such property is one hundred dollars or less, by imprisonment in the county jail not exceeding two years, or by fine not exceeding two hundred dollars. (Id § 2.) *g 11. Inquiry into supposed incendiarism-proceedings. When property is destroyed by fire, and a complaint, within thirty days thereafter, is subscribed and sworn to by any person before any justice | police court, or any municipal court, or any justice of the peace, alleging that reasonable grounds exist for believing that the fire was caused by design, and the mayor and chief engineer of fire department, or a majority of the aldermen or selectmen of the city or town, respectively, in which said property is situated, certify in writing that in their opinion the same is a proper case for investigation, such court or justice shall forthwith issue a warrant to the constable of the place where the property was destroyed, requiring him forthwith to summon six good and lawful men of the county to appear before the court or justice, at a time and place expressed in the warrant, to inquire when and by what means the fire originated, which warrant shall be served and returned in the manner prescribed by the General Statutes of the state of Minnesota for the service and return of other warrants; and the constable and jurors shall be subject to the penalties therein specified for similar neglect. If any person so summoned does not appear, the constable shall, by order of the justice or court, return some person from the bystanders to complete the number. (Id. § 3.) *§ 12. Same-oath of jurors. The justice or court shall, in view of the spot on which the property was destroyed, administer to the persons thus summoned or returned the following oath: You solemnly swear that you will diligently inquire and true presentment make in behalf of the state of Minnesota, when and by what means the fire which has here occurred was caused, and that you will return a true inquest according to your knowledge, and such evidence as shall be laid before you. So help you God. (Id. § 4.) *§ 13. Same-witnesses may be subpoenaed. The justice or court may issue subpoenas for witnesses, returnable forthwith at a time and place therein set forth. Their attendance may be enforced in like manner as if they had been subpoenaed in behalf of the state of Minnesota. (Id. § 5.) *§ 14. Same-oath of witnesses. An oath to the following effect shall be administered to such witnesses: You solemnly swear that the evidence which you shall give to the inquest concerning the origin of the fire of which inquiry is now to be made, shall be the truth, the whole truth, and nothing but the truth. So help you God. (Id. § 6.) *§ 15. Same-testimony, how taken. The testimony shall be reduced to writing by the presiding justice, or some person by his direction, and subscribed by the witnesses. (Id. §7.) *S 16. Same-Inquisition of jury-filing. The jury, after hearing the testimony and making all needful inquiry, shall draw up and deliver to the justice or court their inquisition under their hands, in which they shall find and certify when and by what means the fire was caused; and said inquisition and testimony, thus subscribed. shall, within one week thereafter, be filed by the magistrate with the clerk of the district court for the county. (Id. § 8.) *$ 17. Same process to arrest person charged. If any person is charged by the inquest with having wilfully and maliciously caused said fire, and such person is not in custody, the justice or court before whom such inquisition is holden, shall issue process forthwith for his apprehension; and such warrant shall be made returnable before [any] justice or court having jurisdiction of the case, who shall proceed therein in the same manner as required by justice or court in case of felony. (1874, c. 49, § 9.) *§ 18. Same-fees and expenses. The fees of the magistrate and the expenses of the inquisition shall be the same as required for coroners' inquests. (Id. § 10.) $19. (SEC. 9.) Burglary in dwelling by person armed, etc. Whoever breaks and enters any dwelling-house in the night-time, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, or, after having entered with such intent, breaks any such dwelling-house in the night-time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking or entering, or so arming himself in such house, or making an actual assault on any person lawfully therein, shall be punished by imprisonment in the state prison not more than twelve years, nor less than four years. $20. (SEC. 10.) Burglary in dwelling by person not armed. Whoever breaks and enters any dwelling-house in the night-time, with such intent as is mentioned in the preceding section, or, having entered with such intent, breaks such dwellinghouse in the night-time, the offender not being armed nor arming himself in such house with a dangerous weapon, nor making an assault upon any person then being lawfully therein, shall be punished by imprisonment in the state prison not more than five years, nor less than two years. $21. (SEC. 11.) Breaking and entering office, etc., at night. Whoever breaks and enters, in the night-time, any office, shop or warehouse, not adjoining to or occupied with a dwelling-house, or any ship, steamboat or vessel, within the body of any county, with intent to commit the crime of murder, rape, robbery, larceny, or any 'other felony, shall be punished by imprisonment in the state prison not more than three years, nor less than one year. § 22. (SEC. 12.) Entering, etc., any building with felonious intent. Whoever enters in the night-time, without breaking, or breaks and enters in the daytime, any dwelling-house, or any out-house thereto adjoining and occupied therewith, or any office, shop or warehouse, or any ship, steamboat or vessel, within the body of any county, with intent to commit the crime of murder, rape, robbery, larceny, or other felony, shall be punished by imprisonment in the state prison not more than four years, nor less than six months; and every person who makes an unsuccessful attempt to commit either of the offences specified in this or the preceding six sections of this chapter, shall be punished by imprisonment in the state prison for a term not exceeding two years, nor less than six months. § 23. (SEC. 13.) Larceny in dwelling-house, office, etc. Whoever commits the crime of larceny in any dwelling-house, office, shop, bank or warehouse, ship, steamboat or vessel, or breaks and enters, in the night-time or daytime, any meetinghouse, church, court-house, town-house, college, academy, or other public building erected for public use, and steals therein, shall be punished by imprisonment in the state prison not more than three years, nor less than one year, or by imprisonment in the county jail not more than one year, nor less than three months, or by fine not exceeding five hundred dollars. § 24. (SEC. 14.) Larceny from the person. Whoever commits the offence of larceny, by stealing from the person of another, shall be punished by imprisonment in the state prison not more than four years, nor less than two years, or by imprisonment in the county jail not more than two years, nor less than three months, or by fine not exceeding five hundred dollars. 8 M. 190 [220]. $25. (SEC. 15.) Larceny, how punished. Whoever commits the crime of larceny, by stealing, of the property of another, any money, goods or chattels, or both [bank note, bond, promissory note, bill of exchange, or other bill, order or certificate, or any book of accounts for or concerning money or goods due, or to become due, or to be delivered, or any deed or writing containing a convey |