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chandise, or other valuable thing, every such offender shall be deemed a swindler, and on conviction, shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be fined not exceeding one thousand dollars, and imprisoned in the county jail not more than six months.

Art. 1992, Sec. 131. If any person or persons shall knowingly and designedly, by any false pretense or pretenses, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects, or other valuable thing, with intent to cheat or defraud any such person or persons of the same, every person so offending shall be deemed a cheat, and on conviction, shall be fined not exceeding one thousand dollars, and imprisoned in the county jail not more than one year, and be sentenced to restore the property so fraudulently obtained, if it can be done.

Art. 1993, Sec. 132. Any person or persons, after once selling, bartering, or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands, or town lot or lots, who shall again knowingly and fraudulently sell, barter, or dispose of the same tract or tracts of land, or town lot or lots, or any part thereof, or shall knowingly and fraudulently execute any bond or agreement to sell or barter or dispose of the same land, or lot or lots, or any part thereof, to any other person or persons for a valuable consideration, every such offender, upon conviction thereof, shall be punished by imprisonment in the state prison not less than one nor more than ten years.

Art. 1994, Sec. 133. If any person shall knowingly sell any goods, wares, or merchandise, or any valuable thing, by false weight or measure, or shall knowingly use false measures at any mill in taking toll for grinding corn, wheat, rye, or other grain, he or she shall be deemed a common cheat, and on conviction, shall be fined not exceeding two hundred dollars, and imprisoned in the county jail not more than three months.

Art. 1995, Sec. 134. If any debtor shall fraudulently remove his property or effects out of this state, or shall fraudulently sell, convey, or assign, or conceal bis property or effects, with intent to defraud, hinder, or delay his creditors of their just rights, claims, or demands, he shall, on conviction, be punished by imprisonment in the county jail for any term not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment.

Art. 1996, Sec. 135. Any person against whom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property or effects, who shall fraudulently conceal, sell

, or dispose of such property or effects, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or shall with such intent remove such property or effects beyond the limits of the county in which it may be at the time of the commencement of such action, or the rendering of such judgment, shall, on conviction, be punished as provided in the next preceding section.

XIII.-FRAUDULENT AND MALICIOUS MISCHIEF. Art. 1997, Sec. 136. Every person who shall willfully administer any poison to any cattle, or maliciously expose any poisonous substance with the intent that the same shall be taken or swallowed by any cattle, shall, upon conviction, be punished by imprisonment in the county jail not exceeding three years, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Art. 1998, Sec. 137. Every person who shall maliciously kill, maim or wound any horse, ox, or other domestic animal belonging to another, or shall maliciously or cruelly beat or torture any such animal, whether belonging to himself or another, shall, upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment; and every person who shall willfully, unlawfully and maliciously destroy, burn, cut, or otherwise injure any goods, chattels or

property, of any description whatsoever, belonging to another, shall, upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.—[Am. April 10, 1855; R. S. St. 1850, 246 ; C. L. 666.

Art. 1999, Sec. 138. Every person who shall willfully, unlawfully, and maliciously break, destroy, or injure the door or window of any dwelling-house, shop, store, or other house or building, or sever therefrom, or from any gate, fence, or inclosure, any part thereof, or any material of which it is formed, or sever from the freehold any produce thereof, or anything attached thereto, or pull down, injure, or destroy any gate, post, railing, or fence, or any part thereof, or cut down, lap, girdle, or otherwise injure or destroy any fruit or ornamental or shade tree, being the property of another, shall

, on conviction, be fined not more than two hundred dollars, or imprisoned in the county jail not exceeding three months.

ART. 2000, Sec. 139. Every person who shall willfully and maliciously burn, injure, or destroy any pile or raft of wood, plank, boards, or other lumber, or any part thereof, or cut loose, or set adrift any such raft or part thereof, or shall cut, break, injure, sink, or set adrift any boat, canoe, skiff, or other vessel or water craft, being the property of another, shall

, on conviction thereof, be punished by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months.

ART. 2001, Sec. 140. Every person who shall willfully and maliciously cut, break, injure or destroy any bridge, mill, dam, canal, flume, aqueduct, reservoir or other structure erected to create hydraulic power, or to conduct water for mining, manufacturing or agricultural purposes, or any embankment necessary to the same, or either of them, or shall willfully and maliciously make, or cause to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, or structure, with intent to injure or destroy the same, shall, on conviction thereof, be fined in any sum not more than one thousand dollars, or imprisonment at hard labor in the state prison not more than two years, or both such fine and imprisonment.--[Am. March 3, 1853 ; R. S. St. 1850, 247.

Art. 2002, Sec. 141. If any person shall willfully and intentionally break down, pull down, or otherwise destroy or injure, in whole or in part, any public jail, or other place of confinement, every person so offending shall, on conviction, be fined in any sum not exceeding ten thousand dollars, nor less than the value of the said jail or other place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act, and be imprisoned in the state prison for any term not exceeding five years.

Art. 2003, Sec. 142. If any person or persons shall willfully and intentionally, or negligently and carelessly set on fire, or cause or procure to be set on fire any wood, prairies, grass, or other lands or grounds in this state, every person so offending, shall, on conviction before any court of competent jurisdiction, be fined in any sum not less than two hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than ten days nor more than six months, or by both such fine and imprisonment, in the discretion of the jury trying the case; provided, that this section shall not extend to any person or persons who shall set on fire any wood, prairies, grass, or other lands adjoining their own farm, house, plantation, or inclosure, for the necessary preservation thereof from accident or injury by fire, by giving to his, her, or their neighbors reasonable notice of such intention; which aforesaid act,(1) as amended, shall be in full foree and effect from and after the first day of May next.-[Am. April 30, 1852; R. S. St. 1850,247.

XIV. - MISCELLANEOUS OFFENSES. ART. 2004, Sec. 1. If any person or persons shall entice any seaman to desert from any vessel, belonging to any citizen or citizens of the United States, or of any foreign country, while lying within the waters of this state, and on board of

(1) Act of April 16, 1850, concerning crimes and punishments.

which said seaman shall have shipped for a term or voyage unexpired at the time of such enticement, such person or persons so offending shall be deemed guilty of a misdemeanor, and on conviction, shall be sentenced for the first offense to imprisonment in the county jail, not less than two months, nor more than six months, and to a fine not less than fifty dollars, nor more than five hundred dollars ; and for each subsequent offense, to imprisonment not less than six months, nor more than two years, and a fine not less than five hundred dollars, nor more than one thousand. -- [Act May 7, 1853, in.

Art. 2005, Sec. 2. Any person or persons who shall harbor or secrete any seaman shipped as aforesaid, knowing him to be so shipped, and with a view to persuale or enable said seaman to desert, shall be deemed guilty of a misdemeanor, and punished as provided in the first section of this act.-[Id.(1)

Art. 2006, Sec. 1. Any person who shall directly or indirectly, secretly, by force, or otherwise, molest, injure, or destroy, or cause to be molested, injured, or destroyed, any ballot-box, while in use at any election authorized by law, or shal fraudulently insert or cause to be inserted, in said ballot-box, or abstract, or cause to be abstracted any votes therefrom, or shall in any way maliciously get possession of, detain, mutilate, destroy or dispose of any returns of any election authorized by law, shall, for each offense, upon conviction thereof, be fined in any sum not exceeding two thousand dollars, to which may be added imprisonment in the county jail not exceeding one year.—[Act May 7, 1855, in.

Art. 2007, Sec. 1. If any person or persons, association, company or corporation shall make, issue, or put in circulation, any bill, check, ticket, certiticate, promissory note or the paper of any bank, to circulate as money, the said person or persons, association, company or corporation, or the persons forming the same shall, for the first offense, be deemed guilty of a misdemeanor, and for each and every subsequent offense, be deemed guilty of felony, and shall be punished as hereinafter provided. Any person or persons who shall, upon indictment, be convicted of having violated the provisions of this act, shall be punished for the first offense by imprisonment in the county jail not more than three months, or by fine not exceeding two thousand dollars, or by both such fine and imprisonment; and for the second and every subsequent offense, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than five years, at the discretion of the court before whom such person or persons shall be tried and convicted. It shall be the duty of the district attorney of each county in the state to prosecute all offenses against this act, and it shall be the duty of the judges of the courts of sessions to give this law in charge to the grand jury, who shall inquire into and present all cases of a violation thereof.—[Act April 19, 1855, in.

Art. 2008, Sec. 1. Any person or persons who shall vend, by wholesale or retail, any spirituous, or malt, or vinous liquors, or any goods, wares, or merchandize, within any county in this state, without first obtaining a license so to do, as required by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, be fined in a sum of not less than twenty-five nor more than two hundred dollars for each and every offense. The recorder's court of any city and any justice of the peace of the county in which such offense is charged to have been committed, shall have jurisdiction to try and determine the same. Upon the trial of any criminal action provided for by this act, the defendant shall be deemed not to have procured any such license, unless

the contrary to the satisfaction of the court or jury by whom the same is tried. All fines collected under this act, shall be paid into the treasury of the county in which the conviction is had.—[Act April 1, 1853, in.

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Art. 2009, Sec. 143. Every offense or act which by law is declared to be a

(1) Ex parte Crandall, 2 Cal. 144.

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misdemeanor, and for which no punishment is especially prescribed, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both fine and imprisonment.

Art. 2010, Sec. 144. Until a state prison is provided the county jail of each county shall be deemed the state prison.

ART. 2011, Sec. 145. A sentence of imprisonment in the state prison for a term less than life suspends all civil rights of the person so sentenced during the term of imprisonment, and forfeits all public offices, and all private trusts, authority, and power; and the person sentenced to such imprisonment for life shall thereafter be deemed civilly dead.

Art. 2012, Sec. 146. Where the term “person” is used in this act to designate the party whose property may be the subject of any offense, such term shall be construed to include the United States, this state, or any other state or territory, government or county, which may lawfully own any property within this state, and all public and private corporations as well as individuals.

Sec. 147. The provisions of this act shall extend to females.

Art. 2013, Sec. 148. When any intent to injure, defraud, or cheat, is required by law to be shown in order to constitute any offense, it shall be sufficient if such intent be to injure, defraud, or cheat the United States, this state, or any other state, territory, or county, or the government, or any public office thereof, or any county, city, or town, or any corporation, body politic, or private individual.

ART. 2014, Sec. 1. If any person who has been sentenced to confinement in the state penitentiary by any court having competent authority within this state, shall escape therefrom, or if any person shall commit treason against the state, or shall be charged with murder, or the perpetration of any crime punishable with death, the governor is authorized, upon satisfactory evidence of the guilt of the accused, to offer a reward for his or their apprehension, which reward shall not exceed the sum of one thousand dollars, and shall be paid out of the general fund.—[Act April 29, 1851, in.

Art. 2015, Sec. 8. Every person who shall attempt to commit a public offense, and in such attempt shall do any act toward the commission of such offense, but sball fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, shall, in cases where no provision is made by law for the punishment of such attempt, be punished as follows: 1. If the offense so attempted to be committed, be such as is punishable by death, or by imprisonment in the state prison for a term which may extend to life, the person convicted of such attempt shall be punished by imprisonment in the state prison not exceeding ten years. 2. If the offense so attempted is a misdemeanor, the person so convicted of such attempt shall be punished by a fine not exceeding one-half of the largest amount, or by imprisonment in the county jail for a term not exceeding one-half of the longest time prescribed by law upon a conviction of the offense so attempted. 3. If the offense so attempted is a felony, not punishable

a by death, or imprisonment which may extend to life, the person convicted of such attempt shall be punished by imprisonment in the state prison for a term not exceeding one-half the longest time which may be imposed upon a conviction of the offense so attempted. [Act April 19, 1850, in.

See Charts of Justice, Ciril Practice, Criminal Practice, Office, Revenue, Controller of State, Treasurer of State, Treasurer of County, Game, Grave-Yards, Estrays, Gaming, Fees, Elections, Corporation, Constable, Auctioneer, Administrator.---Public, Assessor, Allorney, Hogs, Houses of Ill-Fame, Husband and Wife, Lotteries, Nuisance, Oysters, Passengers, Railroad Companies, Prison-State, Sabbath.

XXVI.-DEBT OF THE STATE, CIVIL.

ARTICLE

ARTICLE 2016. Loan of two hundred thousand dollars, author- 2017. Loan of three hundred thousand dollars at an ized.

interest of three per cent. per month, authorized.

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ARTICLE

ARTICLE 2018. Appropriation of one million dollars.

Funding Act of 1855– 2019. Loan of one million dollars, authorized. 2053. Bonds to amount of seven hundred thousand Funding Act of 1851

dollars to be issued; denominations; when and 2020. Bonds to the amount of seven hundred thousand

where payable.
dollars to be prepared; rate of interest; where 2054. Coupons; record of bonds; expenses of prepar-
payable.

ing bonds. 2021. Coupons for interest.

2055. What securities may be funded; duty of treas2022. Record of bonds; expense of preparing bonds.

urer; indebtedness not to be otherwise liquida2023. What securities may be funded.

ted. 2024. Cancellation of bonds and warrants redeemed. 2056. Interest tax; faith of state pledged. 2025. Revenue, in what to be paid.

2057. Surplus of interest fund, how applied; record of 2026. Moneys in treasury not to be applied.

funds. 2027. Interest tax.

2058. Treasurer to make provision for interest. 2028. Payment of interest.

2059. Cancellation of security; employees of treasurer 2029. Sinking fund.

to give security. 2030. Faith of state pledged.

2060. Treasurer to transmit abstract to governor ; 2031. Employees of treasurer to give security.

books etc. to be open to inspection. 2032. Treasurer to transmit abstract to governor.

Funding Act of 1856– 2033. Surplus of sinking fund, how disposed of. 2061. Funding act of 1856. 2034. Surplus in general fund, how disposed of. 2062. Certain warrants excluded from benefits of act. 2035. Rate at which bonds to be paid.

[The remaining provisions of this act are identical Funding Act of 1852

with those of previous funding acts, except the amount 2036. Bonds to amount of six hundred thousand dol- and time of payment of the bonds.] lars to be issued; where payable; interest.

Funding Act of 1857– 2037. Coupons; notice where interest will be paid. 2063. Bonds to the amount of three million, nine hun2038. Record of bonds; expense of preparing bonds. dred thousand dollars to be prepared; when and 2039. What securities may be funded.

where payable; interest. 2040. Cancellation of redeemed securities.

2064. Coupons; record of bonds; expense of prepare 2041. Interest tax.

ing. 2042. Sinking fund.

2065. What securities may be funded. 2043. Surplus of interest fund, how applied.

2066. Interest tax. 2014, Record of sinking fund.

2067. Surplus of interest fund, how applied. 2045. Faith of state pledged.

2068. Duty of treasurer, 2046. Employees of treasurer to give security.

2069. Cancellation of redeemed securities. 2047. Treasurer to transmit abstract to governor. 2070. Specification of claims entitled to be funded. 2048. Notice of redemption of three per cent. bonds. 2071. Limitation of time of funding. Funding Act of 1853–

2072. Act when to take effect. 2049. Duty of treasurer.

2073. Act to be ratified by the people; yote how can2050. Interest tax and sinking fund.

vassed; effect of. 2051. Expense of preparing bonds.

2074. Duty of secretary of state to have act published. 2052. Certain moneys to be turned over to interest fund.

[Several of the laws embraced in this title have been executed and are now obsolete; they are given for the purpose of showing the agency of the first legislature in the creation of the existing debt of the state.)

Act of January 5, 1850, authorizing a loan of Money to pay the immediate demands on the Treasury. ARTICLE 2016, Sec. 1. The treasurer of the state be, and is hereby, authorized and empowered to receive proposals in writing, until the twenty-fifth day of January, one thousand eight hundred and fifty, at twelve o'clock m. of that day, from any and all persons to loan to this state a sum of money not exceeding two hundred thousand dollars, for a term not more than twelve nor less than six years, payable at the pleasure of the state, at any time after six years.

Sec. 2. It shall be the duty of the treasurer, any time after noon of said twentyfifth day of January, one thousand eight hundred and fifty, to open any and all propositions, filed with him for said loan, in the presence of the chairman of the finance committee of the senate, and chairman of the committee of ways and means of the assembly, and said treasurer and the chairmen of the said committees shall proceed to select from all of said bids, such one or more as they may deem most reasonable and best calculated to secure said loan; provided, however, that said treasurer and committee-men shall lay all such proposals before the legislature for their approval.

Sec. 3. If the legislature shall decide to accept, or instruct the treasurer to

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