16. Whoever places any rocks, stones, or other obstructions in the traveled roads of this State, and leaves them there, shall be subject to a fine of one dollar for each offense, to be recovered, on complaint, to the use of the town where the offense is committed.28

17. All prosecutions for offenses hereinbefore described, except such as are set forth in sections one, four, and five, must be commenced within four years after the commission thereof; and trial justices shall have jurisdiction thereof when the property destroyed, or injury done, is not alleged to exceed ten dollars in value, and in that case the punishment shall be by fine not exceeding ten dollars, and imprisonment not more than thirty days, unless otherwise specially provided.24

(n) The supreme judicial court has concurrent jurisdiction of the offenses in this chapter as by § 17, with trial justices, as the jurisdiction of the latter is not declared to be exclusive.25 And the indictment need not allege the amount of injury to the property, 25

TRANSPORTATION OF BAGGAGE.

18. When baggage-masters, express-agents, stage-drivers, hackmen, or any other person whose duty it is to handle, remove, or take care of trunks, valises, boxes, packages, or parcels, while loading, transporting, unloading, delivering, or storing the same, whether or not in the employ of railroad, steamboat, or stage companies, shall wantonly, or recklessly, injure or destroy the same, they shall be punished by imprisonment less than one year or by fine not exceeding one hundred dollars; and the persons so offending may be prosecuted by the owner of such property so destroyed or injured, or by his authorized agent within one year from the day of committing the offense, one half of the fine to be paid to such owner, and the other half to the county in which the offense was committed.26

19. Trial justices have jurisdiction thereof, when the property destroyed or injury done is not alleged to exceed twenty dollars.

27

23 R. S. c. 127, § 16.-24 R. S. c. 127, § 17.-25 State v. Billington, 33 Me. 146.— 26 R. S. c. 127, § 18.-27 R. S. c. 127, § 19.

(0) FORMS OF COMPLAINT FOR MALICIOUS MISCHIEF, &c.

1. Killing or maiming a horse.

A. B., of, &c., on —, at, with force and arms, one black gelding, of the value of one hundred dollars, of the goods and chattels of the said J. B., in the pasture of him the said J. B. then and there being, did then and there willfully and maliciously kill and destroy [or maim, disfigure], by then and there stabbing the said horse with a knife (or by then and there cutting of his ears, or by cutting of his mane and tail).

2. For poisoning a horse.

A. B., of, on-, at with force and arms, unlawfully, willfully, and maliciously did administer to a certain horse, of the value of one hundred dollars, of the goods and chattels of the said J. B., a large quantity, to wit, four drachms of a certain poison, called arsenic, by then and there mixing the said arsenic with the food of said horse, which the said horse then and there ate.

3. Pulling down a mill-dam.

A. B., of -, &c., at, on, with force and arms, one mill-dam, the property of the said J. B. then and there erected across a certain stream there situate, for the purpose of raising a head of water to drive the grist-mill of the said J. B. then and there situate, did willfully and maliciously break down and destroy, to the great damage of the said J. B.

4. For destroying telegraph posts.

A. B., of—, &c., at—, on —, with force and arms, ten wooden posts, the property of the telegraph company, then and there erected and used for the purpose of supporting the telegraph wires of said company, did then and there willfully and maliciously cut down and destroy, to the great damage of the said company.

5. Letting loose a raft of logs.

A. B., of, &c., at, on, with force and arms, one raft of logs, to the number of one hundred, of the goods and chattels of the said J. B., lying in the river in said county, and then and there confined and firmly fastened to a tree on the bank of said river, then and there being on land not belonging to or in the possession of A. B., did willfully and maliciously, without the consent of the owner, let loose said raft of logs by then and there cutting the warp by which the logs were then and there confined as aforesaid, and did then and there permit the same to float away, to the great damage of said J. B.

6. Injuring an engine.

A. B., of —, &c., at—, on, with force and arms, a certain engine and the apparatus thereto belonging, then and there prepared and kept by the town of -, for the extinguishment of fires, of the value of one thousand dollars, did then and there willfully

and maliciously injure by then and there breaking the plungers thereof, and then and there destroying the brake of said engine, to the great damage, &c.

7. Obstructing a public road.

A. B., of, &c., at on, with force and arms, did willfully and maliciously place in a certain public road in the town of in said county of, then and there established and made by legal authority, a certain obstruction, to wit, a large log of timber, with intent then and there to injure any persons and property passing on said public road.

8. Cutting ornamental tree.

A. B., of - &c., at —, on —, with force and arms, willfully and maliciously did cut down and destroy ten ash trees not his own, then standing and growing for ornament on the land of the said J. B., in -, in said county, and then and there belonging to the said J. B.

9. Throwing down bars. A. B., of - at - on, with force and arms, did willfully and maliciously throw down certain bars, being part of a fence belonging to and inclosing a parcel of land there situate; and did then and there unlawfully leave down said bars, the said land, fence, and bars being then and there the property of the said J. B. and not the property of the said A. B.

10. Entering a garden with intent to steal.

A. B., of, at, on —, with force and arms, the garden of one J. B. there situate, did unlawfully, willfully, and maliciously enter, without permission of the said J. B., with intent to take and carry away the vegetables then and there growing and being.

11. Entering and passing over garden after being forbidden. A. B., of, &c., at —, on —, with force and arms, the garden of one J. B., then and there situate, did unlawfully and willfully enter and pass over, the said J. B. then and there having expressly forbidden the said A. B. so to do.

12. Entering a fruit-garden.

A. B., of, &c., at, on, with force and arms, a certain fruitgarden the property of one J. B., then and there kept by the said J. B. for the purpose of cultivating domestic fruit, did unlawfully and willfully enter, without the consent of the said J. B., who then and there occupied the same, with intent then and there to take and carry away the said fruit then and there being and growing.

13. Cutting timber on land of another. A. B., of, &c., at - on, with force and arms, did willfully commit a trespass, by then and there unlawfully and willfully cutting down thirty living pine trees, of the value of one hundred dollars, then and there standing on land then situate in said county, and then and there owned and occupied by the said J. B.

14. Destroying a monument.

A. B., of, &c., on —, at —, with force and arms, did willfully and maliciously cut down and remove a certain ash tree, spotted and marked as a monument, and then and there standing on a line between the land of said A. B. and land of said J. B., for the purpose of marking the line between the land of said A. B. and said J. B.

15. Removing a guide-board.

C. D., of, &c., on, &c., at, &c., with force and arms, a certain guideboard, placed and put up in a public road there, for public convenience and the information of travelers, did then and there willfully and maliciously remove.

16. Destroying a note of hand.

A. B., of, &c., on —, at —, with force and arms, a certain promissory note, for the payment of money made and drawn by said A. B. in favor of one J. B., and dated, for the sum of five dollars and of the value of five dollars, of the goods and chattels of said J. B., the said note being then and there due and unpaid by him the said A. B., did then and there willfully and maliciously tear and destroy.

17. Injuring a tree marked as a boundary of land.

A. B., of, &c., at, on, with force and arms, did unlawfully, willfully, and maliciously cut down and remove a certain hemlock tree, then and there marked as a boundary of a certain tract of land owned by J. B., and for the purpose of designating the boundary of said J. B.'s said land.

on,

18. Taking away a horse standing in the street. A. B., of, &c., at with force and arms, a certain gelding, of the property of the said J. B., then and there harnessed to a buggy wagon, also of the property of said J. B., and all of the value of dollars, and then and there standing within the highway, did unlawfully, willfully, and with intent to injure the owner, take away.

, on

19. For injuring a trunk. A. B., of, &c., hackman, at with force and arms, a certain trunk, the property of the said J. B., then and there being unloaded by the said A. B. from a certain hack then and there running from the station of the railroad to the - hotel in said, and then and there driven by said A. B., did then and there so wantonly and recklessly handle said trunk that it was then and there thereby broken and destroyed.

20

CHAPTER XL.

OFFENSES AGAINST THE PUBLIC HEALTH, SAFETY, AND POLICY.

UNWHOLESOME PROVISIONS AND DRINKS.

1. Whoever sells any diseased, corrupted, or unwholesome provision for food or drink, knowing it to be such, without informing the buyer; or fraudulently adulterates, for the purpose of sale, any substance intended for food, or any wine, spirits, or other liquors intended for drink, so as to render them injurious to health, shall be punished by imprisonment not more than five years, or by fine not exceeding one thousand dollars; and whoever knowingly sells or offers for sale as food any veal killed before the calf was four weeks old, without informing the buyer, shall be punished by a fine of not more than twenty dollars, or by imprisonment not more than thirty days.1

FIRE-WORKS.

2. Whoever sells, offers for sale, or gives away any crackers, squibs, rockets, or other fire-works, or fires or throws the same in any town, without the license of the municipal officers thereof, shall be punished by fine not exceeding ten dollars, to the use of such town.2

LOTTERIES.

3. Every lottery, scheme, or device of chance, of whatever name or description, is prohibited and declared a nuisance; and whoever is concerned therein, directly or indirectly, by making, advertising, purchasing, receiving, selling, offering for sale, giving away, disposing of, or having in his possession with intent to sell or dispose of, any ticket, certificate, share, or interest therein; by printing, publishing, or circulating the same, or any hand-bill, adver tisement, or notice thereof, or by knowingly suffering the

1 R. S. c. 128, § 1.-2 R. S. c. 128, § 2.