ance of land or any other valuable contract in force, or any receipt, or release, or defeasance, or any writ, process or public record, if the value of the property stolen is one hundred dollars or over, shall be punished by imprisonment in the state prison not more than seven years, nor less than one year; if the value of the property stolen is less than one hundred dollars, and more than twenty dollars, he shall be punished by imprisonment in the state prison not more than three years, nor less than six months, or by imprisonment in the county jail not more than six months, nor less than three months, or by fine not exceeding three hundred dollars; and if the value of the property stolen does not exceed twenty dollars, he shall be punished by imprisonment in the county jail not more than three months, or by fine not exceeding one hundred dollars. (As amended 1872, c. 75, § 1.)

4 M. 261 [345]; 18 M. 518.

§ 26. (SEC. 16.) Stealing railroad tickets is larceny. Whoever steals, takes and carries away any railroad passenger-ticket or tickets, prepared for sale to passengers, previous to or after the sale thereof, being the personal property of any railroad company, or any other corporation or person, is guilty of larceny.

rail

§ 27. (SEC. 17.) Railroad tickets defined-value. Railroad passenger-tickets of any road company, as well before the same are delivered or issued to its receivers or other agents for sale, as after, and whether indorsed or stamped by such receivers or other agents or not, are to be deemed railroad tickets within the meaning of the last section; and the prices authorized to be charged for such tickets on a sale thereof shall be deemed the value of such ticket or tickets, in all cases arising under said section.

§ 28. (SEC. 18.) Receiving stolen goods etc. Whoever buys, receives, or aids in the concealment of, stolen money, goods or property, knowing the same to have been stolen, shall be punished by imprisonment in the state prison not more than four years, nor less than one year, 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.

$29. (SEC. 19.) Same-jurisdiction of justices-penalty-appeal. Every justice of the peace shall have jurisdiction, concurrent with the district court, of all offences of buying, receiving, or aiding in the concealment of, stolen goods or other property, in all cases in which they would have had jurisdiction of a larceny of the same goods or other property; and the punishment of buying, receiving, or aiding in the concealment of, such goods or other property, shall be the same as in the case of a larceny of the same goods or other property, with the same right of appeal on conviction.

$30. (SEC. 20.) Same-receiver of may be tried before thief. In any prosecution for the offence of buying, receiving, or aiding in the concealment of stolen money or other property known to have been stolen, it shall not be necessary to aver, nor on the trial prove, that the person who stole such property has been convicted.

§ 31. (SEC. 21.) Stolen property to be restored to owner-exception. The officer who arrests any person charged as a principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to be stolen, and, after seizure, shall be answerable for the same; and he shall annex a schedule thereof to his return of the warrant; and, upon conviction of the offender, the stolen property shall be restored to the owner: provided, that when such property, alleged to be stolen, is held by such officer, and is by the county attorney of the proper county deemed necessary to be used as evidence upon the trial or examination of the person charged with the larceny, the said officer arresting such person charged shall, upon demand thereof by such county attorney, deliver such property alleged to be stolen into the possession of such county attorney, and take his receipt therefor; and such -county attorney shall thereupon hold such alleged stolen property, and be

.

answerable for the same, in the place of such sheriff, and, upon conviction of the offender, shall restore the stolen property to the owner. (As amended, 1867, c. 86, § 1.)

§ 32. (SEC. 22.) Embezzlement, etc., by officer, etc., of bank. If any cashier or other officer, or any agent, clerk or servant, of any incorporated bank, embezzles, or fraudulently converts to his own use, or fraudulently takes or secretes, with intent to convert to his own use, any bullion, money, note, bill, obligation or security, or any other effects or property belonging to and in possession of such bank, or belonging to any person and deposited therein, he shall be deemed to have committed larceny in such bank.

§ 33. (SEC. 23.) Embezzlement, etc., by any person-right to commission no defence. If any officer, agent, clerk or servant of any incorporated company, or if any clerk, agent or servant of any private person, or of any copartnership, except apprentices and other persons under the age of sixteen years, or if any attor ney-at-law, collector, or other person, who in any manner receives or collects money or any other property for the use of and belonging to another, embezzles, or fraudulently converts to his own use, or takes and secretes, with intent to embezzle and convert to his own use, without the consent of his employer, master, or the owner of the money or goods collected or received, any money or property of another, or which is partly the property of another and partly the property of such officer, agent, clerk, servant, attorney-at-law, collector, or other person, which has come to his possession or under his care in any manner whatsoever, he shall be deemed to have committed larceny; and, in a prosecution for such crime, it shall be no defence that such officer, agent, clerk, servant, attorney-at-law, or other person, was entitled to a commission out of such money or property, as commission for collecting or receiving the the same for and on behalf of the owner thereof: provided, that it shall be no embezzlement on the part of such agent, clerk, servant, attorney-at-law, collector, or other person, to retain his reasonable collection fee on the collection. (As amended 1876, c. 55, § 1.)

17 M. 76; 22 M. 41, 76.

§ 34. (SEC. 24.) Embezzlement by carrier of goods, etc. If any carrier or other person to whom any money, goods, or other property which is the subject of larceny, is delivered to be carried for hire, or if any other person who is intrusted with such property, embezzles, or fraudulently converts to his own use, or secretes, with intent to embezzle or fraudulently convert to his own use, any money, goods or property, either in the mass as the same were delivered, or otherwise, and before delivery of such money, goods or property at the places where or to the persons to whom they were to be delivered, he shall be deemed to have committed larceny.

§35. (SEC. 25.) Embezzlement, etc., by warehousemen, etc. Any warehouseman, storage, forwarding or commission merchant, or miller, or his agents, clerks or servants, who embezzles, or fraudulently converts to his or their own use, or fraudulently sells or otherwise disposes of for his or their own gain, profit or advantage, without the consent of the owner thereof, any grain, flour, pork, beef, wool, or other goods, wares or merchandise, which have been received by such warehouseman, miller, or storage, forwarding or commission merchant, to be stored for hire or for other purpose, shall be deemed to have committed larceny.

§ 36. (SEC. 26.) Embezzlement of public moneys. If any person having in his possession any money belonging to this state, or any county, town, city, or other municipal corporation, or school-district, or in which this state, or any county, town, city, village or other municipal corporation, or school-district, has any interest, or if any collector or treasurer of any town or county, or incorporated city, town or village, or school-district, or the treasurer or other disbursing officer of the state, or any other person holding any office under any law of

this state, or any officer of an incorporated company, who is by virtue of his office intrusted with the collection, safe-keeping, transfer or disbursement of any tax, revenue, fine or other money, converts to his own use, in any way or manner whatever, any part thereof, or loans, with or without interest, any portion of the money intrusted to him as aforesaid, or improperly neglects or refuses to pay over the same, or any part thereof, according to the provisions of law, he is guilty of embezzlement.

22 M. 67.

Who

$37. (SEC. 27.) Same-punishment-refusal to pay money lawfully demanded. ever is guilty of embezzling any money prohibited by this or the preceding section, not exceeding in amount the sum of one hundred dollars, shall be punished by imprisonment in the county jail not more than twelve months, nor less than three months; and whoever is convicted of embezzling a greater sum than one hundred dollars, shall be punished by imprisonment in the state prison not more than three years, nor less than one year, and by a fine in each case of twice the amount so embezzled; and if the court cannot determine, from the verdict of the jury or otherwise, the amount of the sum embezzled, it shall impose such fine as shall be adequate, and corresponding as nearly as may be with the penalty imposed by this section; and every refusal by an officer to pay any sum lawfully demanded, shall be deemed an embezzlement of the sum so demanded.

22 M. 67.

Any person

§ 38. (SEC. 28.) Same-who deemed an accessory to defaulting officer. demanding of an officer any sum of money which he may be entitled to demand and receive, and who is unable to obtain the same, by reason of the money having been embezzled as aforesaid, if he neglects or refuses, for thirty days. after making such demand, to make complaint against such officer, is an accessory, and shall be punished by fine not exceeding one hundred dollars.

$39. (SEC. 29.) Refusal of officer to pay over public money, not embezzlement, when. The refusal of an officer to pay any demand in specie, where the sum so demanded was actually received by such officer, in good faith, in checks, drafts, certificates of deposit, or currency, which have depreciated in value, provided payment is tendered in the checks, drafts, certificates of deposit or currency, by such officer, or to pay any sum demanded of him when there is reasonable doubt as to his duty or authority to pay the same on such demand, or where such refusal is not with a wrongful intent, shall not be construed to be an embezzlement, according to the intent and meaning of the twenty-sixth and twenty-seventh sections of this chapter.

$ 40. (SEC. 30.) Certain officers to pay over same moneys received, when. Whoever is. mentioned in the twenty-sixth section of this chapter shall pay over the same money that he received in the discharge of his duties, and shall not set up any amount as a set-off against any money so received; and all justices of the peace, clerks of the district courts, sheriffs and other officers, shall pay into the respective treasuries all the money collected on fines, within thirty days after said moneys are collected.

*§ 41. Unlawful appropriation of public funds, how punished. That any county commissioner or other county officer of any county, or any officer of any town, village or school-district, who shall wilfully vote for the allowance or payment of any claim, or the appropriation of any moneys, or who shall wilfully aid, assist, co-operate, or in any wise be instrumental in the payment or disbursement of any moneys of any county, town, city, village or school-district, except as provided or authorized by law, shall be liable to indictment therefor, and, upon conviction thereof, shall be punished by imprisonment in the state prison for a term not exceeding two years, nor less than six months, or by fine not exceeding two thousand dollars, nor less than five hundred dollars; or in any

case the amount involved in such allowance, appropriation or payment shall not exceed the sum of twenty dollars, then the person so offending shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars. (1877, c. 175, § 1.)

$42. (SEC. 31.) Warehouseman, etc., making false receipt, etc. If any warehouseman, miller, or storage, forwarding or commission merchant, or his agents, clerks. or servants, wilfully and fraudulently makes or utters any receipt, or other written evidence of the delivery into any warehouse, mill, store, or other building belonging to him, them, or his or their employers, of any grain, flour, pork, beef, wool, or other goods, wares or merchandise, which have not been so received or delivered into such mill, warehouse, store, or other building, previous to the making and uttering of such receipt or other written evidence thereof, shall be punished by imprisonment in the state prison not more than two years, not less than one year.

§ 43. (SEC. 32.) Obtaining money, etc., by falsely personating another. Whoever falsely personates or represents another, and in such assumed character receives any money or other property whatever, intended to be delivered to the party so personated, with intent to convert the same to his own use, is guilty of larceny.

§ 44. (SEC. 33.) Obtaining money, etc., by false pretences. Whoever, designedly, by any false pretence, or by any privy or false token, and with intent to defraud, obtains from any other person any money or goods, wares, merchandise, or other property, or obtains with such intent the signature of any person to any written instrument the false making whereof would be punishable as forgery, shall be punished by imprisonment in the state prison not more than five years, nor less than one year, or by fine not exceeding five hundred dollars, nor less than fifty dollars.

§ 45. (SEC. 34.) Gross fraud, how punished. Whoever is convicted of any gross fraud or cheat at common law shall be punished by imprisonment in the state prison. not more than four years, nor less than one year, or by fine not exceeding one thousand dollars, nor less than fifty dollars.

§ 46. (SEC. 35.) Fraudulent or malicious destruction of ship, etc. Whoever wilfully casts away, burns, sinks, or otherwise destroys any ship, steamboat or vessel, within the body of any county, with intent to injure or defraud any owner of such vessel, steamboat or ship, or the owner of any property laden on board the same, or any insurer of such vessel or property, or of any part thereof, shall be punished by imprisonment in the state prison not more than ten years, nor less than three years.

§ 47. (SEC. 36.) Equipping ship etc. with intent to destroy it, etc. Whoever equips or fits out, or assists in lading, equipping and fitting out, any steamboat, ship or vessel, with the intent that the same shall be cast away, burnt, sunk, or otherwise destroyed, to injure or defraud any owner or insurer of such vessel, or of any property laden on board the same, shall be punished by imprisonment in the state prison not more than five years, nor less than two years, or by fine not exceeding five thousand dollars, nor less than one hundred dollars.

§ 48. (SEC. 37.) Making false invoice of cargo. If the owner of any ship, steamboat or vessel, or any property laden or pretended to be laden on board the same, or if any other person concerned in the lading or fitting out of such ship, steamboat or vessel, makes out or exhibits, or causes to be made out or exhibited, any false or fraudulent invoice, bill of lading, bill of parcels, or other false estimates of any goods or property laden or pretended to be laden on board such vessel, with intent to injure or defraud any insurer of such vessel or property, or any part thereof, he shall be punished by imprisonment in the state prison not more than three years, nor less than one year, or by fine not more than five hundred dollars, nor less than one hundred dollars.

$ 49. (SEC. 38.) Making false affidavit or protest. If any master, or other officer or mariner of a ship, steamboat or vessel, makes or causes to be made, or swears

to, any false affidavit or protest, or if any owner or other person concerned in such vessel, or in the goods or property laden on board of such vessel, procures any such false affidavit or protest to be made, or exhibits the same with intent to injure, or deceive or defraud any insurer of such ship, steamboat or vessel, or of the goods or property laden on board the same, or any other person, he shall be punished by imprisonment in the state prison not more than five years, nor less than two years, or by fine not exceeding one thousand dollars, nor less than one hundred dollars

$50. (SEC. 39.) Malicious killing or maiming horses, etc., punished. Whoever wilfully and maliciously kills, maims or disfigures any horses, cattle or other beasts of another person, or wilfully and maliciously administers poison to any such beasts, or exposes any poisonous substance with intent that the same may be taken or swallowed by them, or wilfully or maliciously destroys or injures the personal property of another, in any manner, by any means not particularly mentioned or described in this chapter, shall be punished by imprisonment in the county jail not more than two years, nor less than three months, or by fine not exceeding five hundred dollars, nor less than fifty dollars.

1 M. 226 [292].

§ 51. (SEC. 40.) False representations concerning title to land. Whoever falsely and fraudulently represents that he is the owner of any parcel of land or tract of land to which he has no title, and executes any deed of the same, with intent to defraud any person whatever, shall be punished by imprisonment in the state prison not more than two years, nor less than six months.

§ 52. (SEC. 41.) Malicious injury to dams, etc. Whoever wilfully and maliciously breaks down, injures, removes or destroys any dam, reservoir, canal or trench, or any gate, flume, flash-boards, or other appurtenances thereof, or of the wheels, mill gear or machinery of any mill, or wilfully or wantonly, and without color of right, draws off the water contained in any mill pond, reservoir, canal or trench, shall be punished by imprisonment in the state prison not more than two years, nor less than six months, or by fine not exceeding four hundred dollars, nor less than fifty dollars.

§ 53. (SEC. 42.) Malicious injury to bridge, road, telegraph post, etc. Whoever wilfully or maliciously breaks down, injures, removes or destroys any public or tollbridge, or railroad, or plank-road, or telegraph-posts or wires, or any turnpike or plank-road gate, or any lock, culvert, or embankment of any canal, or wilfully or maliciously makes any aperture or breach in any such embankment, with intent to destroy or injure the same, shall be punished by imprisonment in the state prison for not more than three years, nor less than six months, or by fine not exceeding six hundred dollars, nor less than fifty dollars.

*§ 54. Penalty for injuring or obstructing railroads. Whoever shall wilfully and maliciously obstruct the passage of any carriage upon any railroad, or in any way injure such road or anything appertaining thereto, or any materials or implements for the construction and use thereof, and whoever shall be aiding and abetting in such trespass, shall forfeit to the use of the corporation, for every such offence, treble the amount of the damages which shall appear on the trial to have been sustained thereby. (1868, c. 57, § 1.)

See ante, c 94, §§ 63-64; post §§ 84-90.

§ 55. (SEC. 43.) Malicious injury to trees, fences, &c., how punished. Whoever wilfully and maliciously, or wantonly, and without cause, cuts down and destroys, or, by girdling, lopping or otherwise, injures any fruit-tree, or any other trees not his own, standing or growing for shade, ornament, or other useful purposes, or maliciously or wantonly breaks the glass, or any part of it, in any building not his own, or maliciously breaks down any fence belonging to or inclosing land not his own, or maliciously throws down or opens any bars, gate or fence, and leaves the same down or open, or maliciously and injuriously severs from