leased, he shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the jail not exceeding one year. (g) collaterals be SEC. 16. Whoever, holding any collateral security deposited selling pledged with him for the payment of a debt which may be due him, for debt is due sells, pledges, loans or in any way disposes of the same before such debt becomes due and payable, and without the authority of the person depositing the same, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year. (g) monuments and lamps ma SEC. 17. Whoever wilfully and maliciously breaks down, in- Malicious dejures, removes, or destroys any monument erected for the pur-struction of pose of designating the boundaries of a city or town, or of a guide-boards. tract or lot of land, or any tree marked for that purpose, or so breaks down, injures, removes, or destroys any mile-stone, mile board, or guide board erected upon a highway or other public way, turnpike, or railroad, or wilfully and maliciously defaces or alters the inscription on any such stone or board, or wilfully and maliciously mars or defaces any building or sign-board, or extinguishes any lamp, or breaks, destroys, or Extinguishing removes any lamp or lamp-post, or railing, or posts erected liciously. on any bridge, sidewalk, street, highway, court, or passage, shall be punished by imprisonment in the county jail not ex. ceeding six months, or by fine not exceeding fifty dollars. (g) SEC. 18. Whoever wilfully and maliciously, or wantonly and without cause, destroys, defaces, mars, or injures any school-facing churches house, church, or other building erected or used for the pur- houses. pose of education or religious instruction, or for the general diffusion of knowledge, or any of the out-buildings, fences, wells, or appurtenances of such school-house, church, or other building, or any furniture, apparatus, or other property belonging to, or connected with such school-house, church, or other building, shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year. (g) Malicious de and school against build SEC. 19. Whoever wilfully and maliciously throws into, Throwing filthy against, or upon, any dwelling-house, office, shop, or other substances building, or vessel, or puts or places therein or thereon any ing with unoil of vitriol, coal tar, or other noxious or filthy substance, lawful intent. with intent unlawfully to injure, deface, or defile such dwellinghouse, office, shop, building, or vessel, or any property therein, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding three hundred dollars. (g) SEC. 20. Whoever, by erecting or maintaining a dam, either Erecting dams within or without the limits of this State, knowingly causes to injure existing mills. the water of a river or stream to be raised so as to flow upon or injure a mill, lawfully existing in this State, and belonging to any citizen or citizens thereof, without right, as against the (g) Secs. 58, 59, 61, 62 and 65, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. Trespass made a crime. Injuries to fruit owner or owners of such mill, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months; but this section shall not apply to cases where the courts of this State have jurisdiction to abate a dam so raised or maintained. (h) SEC. 21. Every person who shall wilfully enter into the enclosed land and premises of another, being forbidden to enter therein, or having entered without having been previously forbidden, shall be warned or given notice to depart therefrom, shall refuse to depart, or having departed shall re-enter without the previous consent of the owner, shall be deemed to be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one thousand dollars, or be imprisoned not exceeding six months, or be made to stand in the pillory for one hour and be whipped, not exceeding thirty-nine stripes, at the discretion of the court. (i) SEC. 22. Whoever wilfully and maliciously, or wantonly and and other trees; without cause, cuts down or destroys by girdling, or by lopbreaking glass, injuring fences. ping, or otherwise injures any fruit or other tree not his own, standing or growing for shade, ornament, or other useful purposes, or maliciously and wantonly breaks any glass in a building not his own, or maliciously breaks down, mars, injures, or defaces any fence belonging to or inclosing lands not his own, or maliciously throws down and opens any gate, bars or fence, and leaves the same down or open, or maliciously and injuriously severs from the freehold of another any produce thereof, or anything attached thereto, shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding one hundred dollars. (j) To kill, maim, a misdemeanor. SEC. 23. Whoever, not having a sufficient fence or other en&c., an animal, closure to prevent the intrusion of animals upon his premises, shall, in attempting to expel therefrom any horse, cow, hog, or other animal of another person found intruding thereon, kill, maim, wound, or disfigure any such animal, shall be held guilty of a misdemeanor and punished by a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding twelve months. (k) Punishment for defacing or in juring State buildings. Malicious , mischief. SEC. 24. Whoever wantonly, wilfully, or maliciously, shall mar, deface, injure, or mutilate the Capitol or any other public State building, or the walls thereof, or the fence, or the trees, or the grounds, or shall cause the same to be done, shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars, or both, at the discretion of the court. (1) SEC. 25. Every trespass upon the property of another, committed with a malicious and mischievous intent, the punisment of which is not provided for by law, shall be deemed and held (h) Sec. 66, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. (i) Sec. 16, Chap. 1466, Act of Jan. 15, 1866. (j) Sec. 76, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. (k) Chap. 1846, Act of Jan. 27, 1871. to be an act of "malicious mischief," and the party guilty of the same, his, her or their aiders and abettors shall, upon conviction, be punished by a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, or by standing in the pillory for one hour, or by whipping, not exceeding thirty-nine stripes, or by both whipping and standing in the pillory, at the discretion of the court. (m) SEC. 26. If any person shall, wilfully and maliciously, set Firing woods. on fire any woods, lands, or marshes, within this State, so as thereby to occasion loss, damage, or injury to another person, he or she shall, on conviction, be sentenced to a fine not exceeding two hundred dollars, or be whipped, not exceeding thirtynine stripes, at the discretion of the court: Provided, That it shall be lawful for any person, upon giving notice to all persons residing within two miles of the place intended to be fired, to set on fire any woods in this State during the months of February, March, and April. (n) animals. SEC. 27. Whoever cruelly beats or tortures any horse, ox, Cruelty to or other animal, whether belonging to himself or another, shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding one hundred dollars. (0) SEC. 28. Whoever wilfully or wantonly, and without malice willfully, &c.. towards the owners, kills, maims or disfigures any horse, cattle killing or maiming or other animals belonging to another person, shall be guilty animals, of a misdemeanor, and, on conviction thereof, shall be punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. (p) graph lines. SEC. 29. If any person shall wilfully destroy, damage or in Penalty for inany way injure telegraph posts, wires or fixtures, he, she or jury to telethey so offending shall be deemed guilty of a misdemeanor, and may be indicted in the Circuit Court of the county where such damage may be done, and shall, on conviction, be fined not less than fifty dollars, or imprisoned in the common jail of the county not less than six months, or by both such fine and imprisonment, at the discretion of the court; and if there be no jail in said county, then in any jail in the circuit or district. The Circuit Judges of the State shall give this act in special charge to the grand jury at every term of their court. (9) SEC. 30. When an engineer, fireman or other employee of any Employee of railroad company of this State is guilty of negligence or care- railroad comlessness, whereby an injury is done to any person or property, negligence. pany guilty of he shall be subject to indictment, and, upon conviction thereof, shall be fined in a sum not exceeding one thousand dollars, or Penalty. (m) Sec. 10, Chap. 1466, Act of Jan. 15, 1866. (n) Sec. 58, Act of Feb. 10, 1832. (0) Sec. 29, Sub-Chap. 8, Chap. 1637, Act of Ang. 6, 1868. (p) Sec. 1, Chap. 3274, Act of Feb. 9, Gross carelessness. Penalty. Constructing ways over grave-yards. Duty of the inspectors of marks and brands in the sale or ship ment of cattle. Penalty for illegally selling or shipping cattle. Penalty on the inspector for violating this act. Destroying beacons or buoys. imprisoned not exceeding twelve months, at the discretion of the court. (r) SEC. 31. Whoever, having management or control of or over any railway train, while being engaged or used for the common carriage of persons, is guilty of gross carelessness or neglect in or in relation to the conduct, management or control thereof, shall likewise be subject to indictment, and, upon conviction, shall be fined in a sum not exceeding five thousand dollars, or imprisonment not more than three years, at the discretion of the court. (r) SEC. 32. Whoever lays out, opens or makes a highway or townway, or constructs a railroad, turnpike or canal, or any other thing in the nature of a public easement, over, through, in or upon any part of such inclosure, being the property of a city, town, parish, religious society or of private proprietors, used or appropriated for the burial of the dead, unless an authority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society or proprietors, respectively, is first obtained, shall be punished by fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding one year. (8) SEC. 33. The Inspector of marks and brands shall require of all persons offering to sell or ship any cattle from this State other than his or their own, to exhibit the written permission of the owner or owners of such cattle authorizing such person or persons to sell or ship such cattle. (t) SEC. 34. If any person or persons sell or ship any cattle other than his or their own without such written permission from the owner or owners of such cattle, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned in the county jail not exceeding six months, at the discretion of the court. (t) SEC. 35. If any such Inspector of marks and brands shall take the marks and brands of any cattle gathered for the purpose of being driven out of the county, or to be shipped, other than those belonging to the person or persons offering to drive or ship the same, without the written permission of the owner or owners thereof, he shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned in the county jail not exceeding six months, at the discretion of the court. (t) SEC. 36. If any person or persons shall, maliciously or without authority, cut down, remove or destroy any beacon or beacons, buoy or buoys erected by any commission of pilotage, or by any other person or persons duly authorized for that (r) Secs. 1 and 2, Chap. 1119, Act of Feb. (8) Sec. 28, Sub-Chap. 8, Chap. 1637, Act 14, 1861. of Aug. 6, 1868. (t) Secs. 1, 2 and 3, Chap. 1982, Act of Feb. 16, 1874. purpose, he, she or they shall, on conviction, be fined not exceeding one thousand dollars, or whipped not exceeding thirtynine stripes, at the discretion of the court. (u) CHAPTER 69. CRIMES-MISDEMEANORS-OFFENCES AGAINST PUBLIC JUSTICE. 1. Penalty for Jailer to suffer prisoner to escape voluntarily. 2. Penalty for suffering prisoner to escape through negligence. 12. Penalties for extortion. 14. Penalty for falsifying any 3. Penalty for officer to omit or public record, &c. refuse to execute process. 4. Penalty for persons to fail to assist officer when called upon. 5. Penalty for persons to fail to assist Justices of the Peace when required. 6. Penalty for false assumption of authority. 7. Penalty for resisting execution of process. 8. Penalty for obstructing officer without violence. 9. Penalty for obstructing execution of law and for intimidating officers. 10. Penalty for Sheriff, Constables, &c., to accept bribes. 11. Penalty for recording officer to make overcharges. 15. Penalty for officer to mutilate documents. 16. Penalty for malpractice of Jailers. 17. Penalty for malpractice of Justice of the Peace. 18. Penalty for extortion by by Sheriff, &c. 19. Penalty for malpractice by 20. Penalty for officers to dis- 23. Penalty for Auctioneers to 24. Penalty for persons to entice away employees. cape volun SECTION 1. If a jailer or other officer voluntarily suffers a Jailer suffering prisoner in his custody, upon conviction of any criminal prisoner to escharge, to escape, he shall suffer the like punishment and pen- tarily. alties as the prisoner suffered to escape was sentenced to, or would be liable to suffer upon conviction of the crime or offence wherewith he stood charged. (a) Suffering es SEC. 2. If a jailer or other officer through negligence, suffers a prisoner in his custody upon conviction of any criminal cape through charge, to escape, or wilfully refuses to receive into his negligence. custody a prisoner lawfully directed to be committed thereto on a criminal charge or conviction, or any lawful pro (*) Sec. 53, Act of Feb. 10, 1832. (a) Sec. 13, Sub-Chap. 6, Chap. 1637, Act of Aug. 6, 1868. |