ART. 1906, Sec. 46. Mayhem consists in unlawfully depriving a human being of a member of his or her body, or disfiguring or rendering it useless. If any person shall cut out or disable the tongue, put out an eye, slit the nose, ear or lip, or disable any limb or member of another, or shall voluntarily or of purpose put out an eye or eyes, every such person shall be guilty of mayhem. The crime of mayhem shall be punishable by imprisonment in the state prison for a term not to exceed fourteen years.-[Am. April 19, 1856; R. S. St. 1850, 233; C. L. 644. ART. 1907, Sec. 47. Rape is the carnal knowledge of a female, forcibly and against her will; and a person duly convicted thereof, shall be punished by imprisonment in the state prison, for a term not less than five years, and which may extend to life; and any person of the age of fourteen years and upwards, who shall have carnal knowledge of any female child, under the age of ten years, either with or without her consent, shall be adjudged guilty of the crime of rape, and be punished as before provided.-[Am. April 10, 1855.(1)

ART. 1908, Sec. 48. The infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the state prison for a term not less than five years, and which may extend to life.

ART. 1909, Sec. 49. An assault is an unlawful attempt coupled with a present ability to commit a violent injury on the person of another, and every person convicted thereof, shall be fined in a sum not exceeding five hundred dollars or imprisoned in the county jail not exceeding three months.-[Am. April 19, 1856; R. S. St. 1850, 234; C. L. 645.

Sec. 50. An assault with an intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny, shall subject the offender to imprisonment in the state prison for a term not less than one year, nor more than fourteen years. An assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment in the state prison, not exceeding two years or to a fine not exceeding five thousand dollars, or to both such fine and imprisonment.-[Am. April 10, 1855; R. S. St. 1850, 234; C. L. 645.(2)

ART. 1910, Sec. 51. Assault and battery is the unlawful beating of another, and a person duly convicted thereof shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year.

ART. 1911, Sec. 52. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority. Any person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and be fined in any sum not exceeding five thousand dollars, or imprisoned in the county jail for a term not exceeding one

year.

ART. 1912, Sec. 53. Kidnapping is the forcible abduction or stealing away of a man, woman, or child, from his or her own country, and sending or taking him or her into another.

Sec. 54. Every person who shall forcibly steal, take, or arrest, any man, woman, or child, whether white, black, or colored, or any Indian in this state, and carry him or her into another county, state, or territory, or who shall forcibly take or arrest any person or persons whatsoever, with a design to take him or her out of this state, without having established a claim according to the laws of the United States, shall, upon conviction, be deemed guilty of kidnapping, and be punished by imprisonment in the state prison for any term not less than one nor more than ten years for each person kidnapped or attempted to be kidnapped.

Sec. 55. Every person who shall hire, persuade, entice, decoy, or seduce by false promises, misrepresentations, and the like, any negro, mulatto, or colored

(1) People v. Benson, July T. 1856.

(2) People v. Vanard, Oct. T. 1856.

person, to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell such negro, mulatto, or colored person into slavery or involuntary servitude, or otherwise to employ him or her for his or her own use, or to the use of another without the free will and consent of such negro, mulatto, or colored person, shall be deemed to have committed the crime of kidnapping, and upon conviction thereof shall be punished as in the next preceding section specified.

ART. 1913. Every person who shall take any woman unlawfully, against her will, and by force, menace or duress, compell her to marry him, or to marry any other person, or to be defiled, and shall be thereof convicted, shall be punished by imprisonment in the state prison for a term not less than two, nor more than fourteen years. Every person who shall maliciously, forcibly or fraudulently lead, take or carry away, or decoy or entice away any child under the age of ten years, with intent to detain and conceal such child from its parent, guardian or other person having the lawful charge of such child, shall, upon conviction thereof, be punished by imprisonment in the state prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. Every person who shall willfully poison any spring, well or reservoir of water, shall, upon conviction thereof, be punished by imprisonment in the state prison for a term not less than one, nor more than ten years.-[Act April 19, 1856, in.

VI.-OFFENSES AGAINST HABITATIONS AND OTHER BUILDINGS.

ART. 1914. Every person who shall willfully and maliciously burn, or cause to be burned, in the night-time, any dwelling-house in which there shall be at the time some human being, shall be deemed guilty of arson in the first degree, and upon conviction thereof, shall be punished by imprisonment not less than two years, and which may extend to life, in the state prison.-[Act April 19, 1856, in. ART. 1915. Every person who shall, willfully and maliciously, burn or cause to be burned, any dwelling-house, the property of another, in the day-time, or in the night or day-time willfully burn, or cause to be burned, any kitchen, office, shop, barn, stable, storehouse, warehouse or other building, or stacks or stocks of grain, or standing crops, the property of any other person or corporation, or any church, meeting-house, school-house, state-house, court-house or other public building, or any ship, vessel, boat or other water-craft, or any bridge of the value of fifty dollars or more, erected across any of the waters of this state, such person so offending shall be deemed guilty of arson in the second degree, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year nor more than ten years; and should the life or lives of any person or persons be lost in consequence of such burning as aforesaid, such offender shall be deemed guilty of murder, and shall be indicted and punished accordingly.— [Act April 19, 1856, in.

ART. 1916. Every house, prison, jail or other edifice, which shall have been usually occupied by persons lodging therein at night, shall be deemed a dwellinghouse of any person so lodging therein; but no warehouse, barn, shed or other out-house, unless used as a dormitory, shall be deemed a dwelling-house or part thereof within the meaning of the two preceding articles, unless the same be joined to, and immediately connected with, a dwelling-house.-[Act April 19, 1856, in. ART. 1917. Every person who shall willfully burn, or cause to be burned, any building, ship, vessel, or other water-craft, or any goods, wares, merchandise or other chattel, which shall be at the time insured against loss or damage by fire, with intent to injure or defraud such insurer, whether the same be the property of such person or of any other, shall, upon conviction, be adjudged guilty of arson in the second degree, and punished accordingly.-[Act April 19, 1856, in.

[Secs. 56 and 57 repealed April 19, 1856. St. 1856, 133.]

ART. 1918, Sec. 58. Every person who shall in the night-time forcibly break

any

and enter, or without force (the doors and windows being open) enter into dwelling-house, or any other house whatever, or tent, or vessel, or other watercraft, with intent to commit murder, robbery, rape, mayhem, larceny, or other felony, shall be deemed guilty of burglary, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one nor more than ten years.

VII.-OFFENSES AGAINST PROPERTY.

ART. 1919, Sec. 59. Robbery is the felonious and violent taking of money, goods, or other valuable thing from the person of another by force or intimidation. Every person guilty of robbery shall be punished by imprisonment in the state prison for a term not less than one year, and which may extend to life.—[Am. April 19, 1856; R. S. St. 1851, 406; St. 1850, 235; C. L. 647.

ART. 1920, Sec. 60, Every person who shall feloniously steal, take and carry away, lead, or drive away, the personal goods or property of another, of the value of fifty dollars, or more, shall be deemed guilty of grand larceny, and, upon conviction thereof, shall be punished by imprisonment in the state prison for any term not less than one year, nor more than fourteen years.-[Id.

ART. 1921, Sec. 61. Every person who shall feloniously steal, take and carry, lead, or drive away, the personal goods, or property of another, under the value of fifty dollars, shall be deemed guilty of petit larceny, and, upon conviction thereof, shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars, or by [both] such fine and imprisonment. [Id.

ART. 1922, Sec. 62. Bonds, promissory notes, bank notes, bills of exchange, or other bills, orders, drafts, checks, receipts or certificates, or warrants for, or concerning money, goods or property, due, or to become due, or to be delivered, or any public security issued by the United States, or by this state, and any deed or writing containing a conveyance of land, or valuable contract in force, or any release, or defeasance, or any other instrument whatever, shall be considered personal goods, of which larceny may be committed, and the money due thereon, or secured thereby, and remaining unsatisfied, or which, in any event or contingency, might be collected thereon, or the value of the property transferred or affected thereby, as the case may be, shall be deemed the value of the article stolen.—[Id. ART. 1923, Sec. 63. Every person who for his own gain, or to prevent the owner from again possessing his property, shall buy or receive stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery or burglary, knowing the same so to have been obtained, shall, upon conviction, be imprisoned in the state prison for a term not exceeding five years, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment; and every such person may be tried, convicted, and punished as well before as after the trial of the principal. No person convicted of the offense specified in this section shall be condemned to imprisonment in the state prison, unless the value of the thing bought or received shall amount to fifty dollars, but the same shall be punished as provided in cases of petit larceny.

Sec. 64. All property obtained by larceny, robbery, or burglary, shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his right to such property. Such owner may maintain his action not only against the felon, but against any person in whose possession he may find the property.

ART. 1924, Sec. 65. Every person who shall mark or brand, alter or deface the mark or brand of any horse, mare, colt, jack, jennet, mule, or any one or more head of neat cattle or sheep, goat, hog, shoat, or pig, not his or her own property, but belonging to some other person, or cause the same to be done, with intent thereby to steal the same, or to prevent identification thereof by the true owner,

shall, on conviction thereof, be punished by imprisonment in the state prison for a term not less than one year, nor more than five years.

ART. 1925, Sec. 66. Every servant, officer, or person employed in any public department, station, or office of the government of this state, or of any county of this state, or in any office of a corporate body, who shall embezzle, steal, secrete, or fraudulently take and carry away any money, goods, chattels, effects, book or books of record, or of account, bond or bonds, promissory note or notes, bank bill or notes, or any other writing or security for the payment of money or property, of whatever description it may be, being the property of said state, county, or corporate body, shall, on conviction thereof, be punished by imprisonment in the state prison for a term not less than one year, nor more than ten years.

ART. 1926, Sec. 67. If any officer or person who now is, or hereafter may be intrusted by law to clerk,(1) disburse, receive, or safely keep any money or moneys, revenue or revenues, belonging to this state, to the school fund of this state, to the school fund of any county or township, to any county in this state, to any canal, turnpike, or railroad fund of this state, or any county thereof, or to any fund for the improvement of any public road, river, creek, or other water-course bordering on or within this state, or to any other fund now being or hereafter to be established by law, for public purposes, and who shall fail or refuse to pay over all moneys, warrants, bills, notes and orders which any such officer or person shall receive for disbursement, and has not disbursed, or shall collect or shall receive, or shall receive for safe keeping, belonging to this state, to any county of this state, or to any such fund as aforesaid, when such officer or person shall be thereto required by law, and demand duly made by the successor or successors of such officer or person in office, or by the officer or person to whom such money, warrants, bills, notes, or orders, ought by law to be paid over, or his or their attorney or agent, duly authorized in writing, signed and acknowledged, if such demand be practicable, every such officer or person shall, on conviction thereof, be punished by imprisonment in the state prison for a term not less than one year, nor more than ten years; provided, that no person shall be imprisoned in the state prison under this section, unless the money [not] paid over shall amount to one hundred dollars, or if it appear that such failure or refusal shall be occasioned by unavoidable accident or loss. Every person convicted under the provisions of this section shall for ever thereafter be disqualified from holding any office of honor, trust, or profit in this state.

ART. 1927. That, if any officer of the state, or of any county, city or town, in this state, charged with the safe keeping, transfer, or disbursement of public moneys, shall convert to his own use in any way whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan with or without interest any portion of the public moneys, bonds, or other evidences of the indebtedness of the state intrusted to him for safe keeping, transfer, disbursement, or any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much of said moneys as shall be thus taken, converted, invested, used, or loaned, which is hereby declared to be felony; and the neglect or refusal to pay over on demand any public moneys in his hands upon the presentation of a draft, order, or warrant drawn upon him by the controller, or any other officer authorized by law, and signed by such officer, or to transfer or disburse any such moneys promptly according to law, on the legal requirement of any officer authorized to make such requirement, shall be prima facie evidence of such conversion to his own use of the public moneys as may be in his hands. All persons advising, or knowingly and willingly participating in such embezzlement, upon being convicted thereof, before any court of this state of competent jurisdiction, shall for every such offense forfeit and pay to the state a fine equal to the amount embezzled, and shall suffer imprisonment for a term not less than six months, nor more than five years.-[Act April 10, 1851, in.

(1) "Clerk" is in the original but evidently an error for "collect."

ART. 1928, Sec. 68. Every person who shall fraudulently or maliciously tear, burn, efface, cut, or in any other way destroy any deed, lease, bond, will, or any other writing sealed, or any bank bill or note, check, warrant, or certificate for the payment of money or other thing, or other security for the payment of money or the delivery of goods, or any certificate or other public security of this state, or of the United States, or of any state or territory for the payment of money, or any receipt, acquittance, release, defeasance, discharge of any debt, suit, or other demand, or any transfer or assurance of money, stock, goods, chattels, or other property, or any letter of attorney or other power, or any day-book or other book of account, or any agreement or contract whatsoever, with intent to defraud, prejudice, or injure any person or body corporate, shall, upon conviction thereof, be punished by imprisonment in the state prison for a term not less than one year nor more than five years.

ART. 1929, Sec. 69. Every person who shall willfully or maliciously remove any monument of stone, wood, or other durable material, erected for the purpose of designating the corner or any other point in the boundary of any lot or tract of land, or any post or stake fixed or driven in the ground for the purpose of designating a point in the boundary of any lot or tract of land, or alter the marks upon any tree, post, or other monument made for the purpose of designating any point, course, or line, in the boundary of any lot or tract of land, or shall cut down or remove any tree upon which any such marks shall be made for such purpose, with the intent to destroy such marks, shall, upon conviction, be adjudged guilty of a misdemeanor, and punished by fine not less than one hundred nor more than two thousand dollars, or by imprisonment in the county jail not less than one month nor more than one year.

ART. 1930, Sec. 70. If any clerk, apprentice, or servant, or other person, whether bound or hired, to whom any money, or goods, or chattels, or property, shall be intrusted by his master or employer, shall withdraw himself from his master or employer, and go away with the said money, goods, chattels, or property, or any part thereof, with the intent to steal the same and defraud his master or employer thereof, contrary to the trust or confidence in him reposed by his said master or employer, or being in the service of his said master or employer, shall embezzle the said moneys, goods, chattels, or property, or any part thereof, or otherwise shall convert the same to his own use with like purpose to steal the same, every such person so offending shall be punished in the manner prescribed by law for feloniously stealing property of the value of the articles so taken, embezzled, or converted.

ART. 1931, Sec. 71. If any bailee of any money, goods, or property, shall convert the same to his own use with intent to steal the same, he shall be deemed guilty of grand or petit larceny, according to the amount of the money or value of the goods, chattels, or property so converted, in the same manner as if the original taking had been felonious, and on conviction thereof shall be punished accordingly. ART. 1932, Sec. 72. If any lodger shall take away with intent to steal, embezzle, or purloin, any bedding, furniture, goods, or chattels, which he is to use in or with his lodging, he shall be deemed to be guilty of grand or petit larceny, according to the value of the property so taken, and on conviction shall be punished. accordingly.

VIII.-FORGERY AND COUNTERFEITING.

ART. 1933, Sec. 73. Every person who shall falsely make, alter, forge, or counterfeit any record or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post-note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for money or property, power of attorney, any controller's warrant for the pay