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commit murder, rape, robbery, arson, or larceny, shall be imprisoned tering house, not exceeding five years, or be fined not exceeding five hundred

dollars.

&c., in daytime, &c., how. Larceny de

fined, and how to be punished.

SEC. 10. Every person who shall steal any money, goods, or chattels, any note of the treasurer of this state for the payment of money, any bank-bill, any certificate of any bank, or of any public officer or corporation, securing the payment of money to any person, or certifying the same to be due, any order entitling a person to money or other article, any bill of exchange, bond, warrant, obligation, bill, or promissory note for the payment of money, or other valuable property, any record or paper belonging to any public officer, any writ, warrant, or other legal process, any book account, any receipt for money, or other article paid or delivered, any adjustment or document of any kind, relating to the payment of money or delivery of any article, any indenture of apprenticeship, any deed, covenant, indenture, or assurance whatever, respecting any property, real or personal, shall be deemed guilty of larceny, and shall be imprisoned not exceeding five years, or be fined not exceeding one thousand dollars. SEC. 11. Every person who shall steal or attempt to steal from the Stealing from person of another any money, goods, chattels, or other article enu- the person, merated in the next preceding section, shall be imprisoned not less than one year, nor more than ten years.

how.

how.

SEC. 12. Every person who shall fraudulently receive any stolen Receiving money or other article, knowing the same to be stolen, shall be stolen goods, deemed guilty of larceny, and be subject to the like imprisonment and penalty as is in the next preceding two sections prescribed for the punishment of the person stealing the same, although the person who stole the same may not have been prosecuted or convicted therefor.

SEC. 13. Every person who shall personate another, or who shall falsely represent himself to be the agent or servant of another, and shall thereby receive any money or other property intended to be delivered to the person so personated, or to the alleged principal or master of such agent or servant, shall be imprisoned not more than five years, or be fined not exceeding one thousand dollars.

SEC. 14. Every person who shall obtain from another designedly, by any false pretence in writing, or by any privy or false token, and with intent to defraud, any money or other article, or obtain with such intent the signature of any person to any written instrument, the false making whereof would be punishable as forgery, shall be deemed guilty of larceny, and shall be imprisoned not exceeding five years, or be fined not exceeding one thousand dollars.

Falsely personating another, &c., to receive money, how.

Obtaining

money, &c., by false pretences or tokens, how.

SEC. 15. If any officer, agent, clerk, or servant, or person to Embezzlement, whom any money or other property shall be intrusted for any specific how. purpose, shall embezzle or fraudulently convert to his own use, or shall take or secrete, with intent to embezzle and fraudulently convert to his own use, any money or other property which shall have come into his possession or shall be under his care or charge, by virtue of such employment, or for such specific purpose, he shall be deemed guilty of larceny, and may be tried, sentenced, and punished, as for any other larceny.

SEC. 16. If any officer, agent, or servant of any incorporated Embezzlement bank shall embezzle or appropriate to his own use any moneys, by officers of goods, effects, or funds of any such bank, with intent to cheat or de- banks, how. fraud the same, or any person whomsoever, he shall be deemed guilty

Allegations, what sufficient in prosecutions under last two sections.

Fraudulent

how.

of larceny, and shall be fined not exceeding twenty thousand dollars, or be imprisoned for a term not exceeding twenty years.

SEC. 17. In prosecutions under the next two preceding sections it shall be sufficient to allege generally in the indictment or complaint an embezzlement, fraudulent conversion, taking, or secreting with such intent, or an embezzlement or appropriation with intent to cheat or defraud, as the case may be, of money to a certain amount, or property of a certain value, without specifying any particulars of such embezzlement, and on the trial evidence may be given of any such embezzlement, fraudulent conversion, or appropriation, or taking or secreting with intent so to embezzle or fraudulently convert, committed within six months next after the time stated in the indictment; and it shall be sufficient to maintain the charge in the indictment, and shall not be deemed a variance, if it is proved, that any bullion, money, notes, bank-notes, check, draft, bill of exchange, or other security, or money or other property, of such person, copartnership, incorporated bank, or company, or other body corporate, of whatever amount, was fraudulently embezzled, appropriated, or converted, or taken or secreted with intent so to embezzle or convert, by such officer, agent, clerk, or servant, within said period of six months.

SEC. 18. If any president, secretary, cashier, treasurer, or other issue of stock, officer or agent of any incorporated company or institution, shall fraudulently issue any stock or certificate of stock of any such company or institution, such president, secretary, cashier, treasurer, or other officer or agent shall be fined not less than one thousand dollars, and shall be imprisoned not exceeding ten years, nor less than one year.

Fraudulent de

posit or pledge of goods, or evidence of property in

goods by agent, or factor, how.

Dismemberment, killing, wounding, or poisoning beast of another, how.

SEC. 19. If any agent or factor shall deposit or pledge any goods, wares, or merchandise, or any bill of lading, receipt, or certificate of a warehouse keeper or inspector, or any warrant or order for the delivery of goods which he shall have been intrusted with, or which shall have been consigned to him as a security for any money or other property borrowed or received by such agent or factor, and shall apply or dispose of the proceeds thereof to his own use, in violation of good faith, and with intent to defraud any such owner of such goods, every person so offending shall be deemed and taken to be guilty of a misdemeanor, and shall be fined not exceeding one thousand dollars, or be imprisoned not exceeding five years.

SEC. 20. Every person who shall cut out the tongue, or otherwise dismember any beast, wilfully or maliciously, or wilfully or maliciously kill or wound any beast of another, or wilfully or maliciously administer poison to, or expose any poisonous substance with intent that the same should be taken or swallowed by any beast of another, shall be imprisoned not exceeding two years, or be fined not exceeding one thousand dollars; and shall moreover be liable to the owner of such beast for treble damages, to be recovered by action of trespass.

Taking away SEC. 21. Every person who shall take and carry away, without or maliciously the consent of the owner thereof, any corn, grain, fruit, or growing injuring growing corn, vege- vegetable out of any field, garden, or orchard, or shall maliciously tables, fruit, or root up, cut down, or otherwise injure or destroy any tree, root, fruit, buildings, &c., or vegetable growing in any garden, field, orchard, highway, common or public square; or who shall maliciously or wantonly in any way injure or deface any building not his own, or break the glass or any part of it in any such building; or shall maliciously injure any fence on or enclosing lands not his own, shall be imprisoned not ex

of another,

how.

ceeding one year, or be fined not exceeding two hundred dollars; and every justice court within the town shall have jurisdiction over either of the offences in this section mentioned, whenever the value of the property taken or destroyed shall not exceed the sum of twenty dollars; and may sentence the offender to imprisonment not exceeding thirty days, or to be fined not exceeding twenty dollars.

SEC. 22. Every sheriff, deputy sheriff, town sergeant, constable, or police officer, who shall discover any person or persons in the act of taking and carrying away any growing fruit or vegetables as aforesaid, shall arrest such person or persons, and detain him or them in custody until a complaint can be made against him or them for the offence for which he or they shall have been arrested, and he or they be taken on a warrant issued upon such complaint: Provided, that such arrest and detention without a warrant shall not continue longer than the space of six hours.

SEC. 23. Every person who shall rob or draw any fish-pot, weir, or net belonging to any other person, shall be fined not exceeding twenty dollars.

SEC. 24. The officer who shall apprehend any person as principal or accessory in any robbery or larceny shall secure the property alleged to be stolen, and shall be answerable for the same, and he shall annex a schedule thereof to his return, and upon conviction of the offender, the stolen property shall be restored to the owner. SEC. 25. Every person who shall maliciously fire between the first days of April and November in any year, any gun, musket, blunderbuss, or pistol, within eighty rods of any baiting place, not his own property, and actually used in the proper season thereof for the baiting and netting of wild pigeons, shall be fined not exceeding twenty dollars, nor less than five dollars.

SEC. 26. Every person who shall strew or place any powder or brimstone, or other sulphurous substance, upon any baiting place not his own property, or shall burn thereon any of said substances saturated with tar or turpentine, shall be fined not less than five, nor more than twenty dollars.

SEC. 27. Every person who shall wilfully place upon any railroad anything with the intent to hinder or impede the passage of any locomotive, engine, or car over such railroad, or shall wilfully do any other act, matter, or thing, with intent to hinder, impede, or interrupt the passage of such locomotive, engine or car, shall be imprisoned not exceeding ten years, or be fined not exceeding ten thousand dollars.

SEC. 28. Every person who shall wilfully cut or break down, or attempt to cut or break down, any post or upright on which the wires of any telegraph company are supported, or shall cut or break, or attempt to cut or break, the wire of any such company, or shall do any other act interrupting or intended to interrupt the communication of intelligence by any such company, shall be imprisoned not exceeding six months, or be fined not exceeding five hundred dollars.

SEC. 29. Every person who shall wilfully break down, remove, injure, or destroy any monument erected for the purpose of designating the boundaries of any town, or of any tract or lot of land, or any tree marked for that purpose, or stake set up to mark the line or grade of any railroad, shall be imprisoned not exceeding one year, or fined not exceeding five hundred dollars.

SEC. 30. Every person who shall wilfully and mischievously tear,

[blocks in formation]

Tearing or damang bank-bills, how.

Advertising by marking, &c.,

on property of

another, how.

Breaking down
or injuring
mill-dams, or
machinery, or
obstructing
water of mill-
pond, &c., how.

Using without right, vehicle, horse, or ox, or

another, how.

cut, burn, or in any other manner damage and impair the integrity, strength, or usefulness for circulation of any bank-bill or note, issued by any corporation which is established as a bank in this state, or shall wilfully and mischievously write, print, blot, or stamp any impression on the same, or aid and abet in any of the offences aforesaid, shall be imprisoned not exceeding one year, nor less than one month. SEC. 31. Every person who shall advertise any goods, wares, or merchandise, or occupation or business, by painting or posting any writing, printing, sign, or device upon the fence, rocks, or other property of another person, without his consent thereto being first obtained, shall be fined ten dollars for every offence.

SEC. 32. Every person who shall wilfully and maliciously break down, injure, remove, or destroy any dam, reservoir, canal, or trench, or any gate, flume, flash board, or other appurtenance thereof, or any of the wheels, mill-gear, or machinery of a water-mill, or wilfully or wantonly, without color of right, draw off the water contained in a mill-pond, reservoir, canal, or trench, or wilfully and maliciously, without color of right, obstruct the water of a mill-pond, reservoir, canal, or trench, from flowing out of the same, shall be imprisoned not exceeding five years, or be fined not exceeding two thousand dollars.

SEC. 33. Every person who shall wilfully, mischievously, and without right take or use any boat, carriage, wagon, or vehicle of milking cow of any kind, or take, drive, ride, or use any horse, or ox, or milk any cow, the property of another, without the consent of the owner, or the person having the lawful care or custody of the same, shall be fined not exceeding five hundred dollars, or be imprisoned not exceeding six months: Provided, that nothing herein contained shall apply to any case where property is taken with the intent to steal the same, or where it is taken under the claim of right or with the presumed consent of the owner, or the person having the lawful custody of the same.

Power of court

to sentence or bind over, in its discretion.

Evading payment of fare, how punished.

contents of

SEC. 34. Every person convicted of any of the offences in the last section mentioned may be sentenced by the court to pay a fine not exceeding twenty dollars, or to imprisonment not exceeding three months; and in case of persons under the age of eighteen years, to confinement in the Providence Reform School during his or her minority, or, in the alternative, to three months' imprisonment in jail and payment of costs; but if it shall appear to such court that such punishments are inadequate to the offence, the like course shall be taken with the accused as though he were complained of for an offence beyond the jurisdiction of the court trying the same.

SEC. 35. Every person who shall fraudulently evade, or attempt to evade the payment of any fare, lawfully established by any railroad company or by the owners or charterers of any steamboat or ferryboat, or by any steamship company, either by giving a false answer to the collector of the fare, by travelling beyond the point to which he may have paid his fare, or by leaving the train, steamboat, ferry-boat, or steamship without having paid the fare established for the distance travelled, or otherwise, shall be fined not less than five dollars, nor more than twenty dollars, for each and every offence.

Surreptitiously SEC. 36. Every person who shall surreptitiously obtain, or attempt obtaining, &c., to obtain the contents of any private telegraphic message, and every telegram, how. employee of any telegraphic company who shall disclose the contents or purport of any private telegraphic message to a person not author

ized to receive the same, shall be fined not exceeding one thousand dollars.

&c., of another,

SEC. 37. Every person who shall wilfully and maliciously or mis- Malicious mischievously injure or destroy the property of another, or obstruct the chief to propuse of the property of another, or obstruct another in the prosecution erty, business, of his lawful business or pursuits, in any manner the punishment how. whereof is not specially provided for by statute, shall be fined not exceeding twenty dollars, or be imprisoned not exceeding three

months.

SECTION

CHAPTER 231.

OF FORGING AND COUNTERFEITING.

1. Forging and counterfeiting defined, and how to be punished.

2. Forging, &c., of certificate of state debt, or bank-bill, or note, how. 3. Passing such counterfeit certificate

or bank-bill, or note, knowing same to be counterfeit, how. 4. Bringing counterfeit securities, &c., bank-bills, or notes, in to state with intent to pass them, how. 5. Engraving, &c., or making, &c., instruments to make counterfeit bank-bills or notes, or having such instruments in possession for use, how.

6. Evidence that signature to bankbill or note is counterfeit, what may be.

7. Forging or counterfeiting current

SECTION

gold and silver coin, how to be
punished.

8. Uttering or tendering falsely such
coin, how.

9. Designedly bringing such coin
into this state, with intent to
utter it, how.

10. Making, &c., instruments for the
purpose of counterfeiting cur-
rent coin, how.

11. Of seizure and destruction of such
instruments.

12. Plates and dies of banks whose
charters have expired or been
forfeited, how to be disposed
of.

13. Penalty upon directors of such
banks for not so disposing of
them.

counterfeiting how to be pundefined, and ished.

SECTION 1. Every person who shall falsely make, alter, forge, or Forging and counterfeit, or procure to be falsely made, altered, forged, or counterfeited, any public record, or any writ, process, or proceeding in any court of justice in this state, any certificate or attestation of any judge, justice of the peace, warden, notary public, clerk of any court, town clerk, city clerk, or other public officer, in any matter wherein such certificate or attestation may be received as legal proof, any charter, deed, will, testament, bond or writing obligatory, letter of attorney, policy of insurance, bill of exchange, promissory note, order, acquittance, discharge for or upon the payment of money or delivery of goods, or any acceptance of a bill of exchange, or any endorsement, assignment, or guaranty of any bill of exchange or promissory note, or any certificate, or accountable receipt for money, goods, or any other thing, or any warrant, order, or request for the payment of money or delivery of goods, or for the delivery of any note, bill, or other security for money or goods, or any lottery ticket, or part or share of any lottery ticket in any lottery authorized by the laws of any state, territory, or country, or any writing whatsoever purporting to contain evidence of any debt, contract, or promise, or of the discharge, pay

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