P. L. 390.

tion, be sentenced to pay a fine, not exceeding one thousand dollars, or undergo an 31 March 1860 § 24. imprisonment, not exceeding twelve months, or both, or either, at the discretion of the court.(a)

8 June 1893. P. L. 273.

262. Any person who wilfully states, delivers or transmits by any means whatever to the manager, editor, publisher or reporter of any newspaper, magazine, publication, periodical or serial for publication therein any libellous statement concerning Procuring the pubany person or corporation, and thereby secures the actual publication of the same, is lication of libellous hereby declared guilty of a misdemeanor, and upon conviction, shall be sentenced to pay a fine, not exceeding five hundred dollars, and undergo imprisonment for a Penalty. period not exceeding two years, or either, or both, at the discretion of the court.

LII. Livery stables.

statement.

P. L. 223.

263. Any damages wilfully done to the property of any livery-stable keeper, in 1 April 1863 § 1. the county of Allegheny, (b) while in the custody or possession of any bailee or bailees to whom the same may have been hired, shall be taken and deemed to be a Wilful damage by misdemeanor, punishable by fine, at the discretion of the court of quarter sessions, bailees. or by imprisonment in the common jail of said county, for a period not exceeding thirty days.

P. L. 1223.

264. Any damage or damages done to the property of any livery-stable keeper in 23 Aug. 1865 § 1. the county (counties) of Allegheny, Berks or Westmoreland, (c) by careless driving or improper conduct, while in the custody or possession of any bailee or bailees to Negligent injury to whom the same may have been hired, shall be taken and deemed to be a misde- property of liverystable keepers by meanor, punishable by fine, at the discretion of the court of quarter sessions, or by bailees. imprisonment in the common jail of said county, for a period not exceeding thirty days, and shall be liable to pay said livery-stable keeper all damages he may sustain thereby.

P. L. 380.

265. Whenever hereafter any bailee or bailees for hire or loan of any property of 15 March 1871 § 1. any livery-stable keeper, or any other owner of property, in the counties of Greene, Perry, Luzerne, Bradford, Cumberland, Mercer, Washington, Philadelphia, Hunt- Extended to other ingdon, Juniata, Blair, Delaware, Snyder, Montgomery, Somerset, Lawrence, Bed- counties. ford, Lycoming, Susquehanna, Clinton, Warren and Dauphin, (d) shall, wilfully or with gross negligence, damage or destroy the property of any one as aforesaid, while the same is in the custody or possession of said bailee or bailees, the person or persons so offending shall be taken and deemed guilty of a misdemeanor, and upon conviction in the court of quarter sessions, shall be punished by fine, or imprisonment, not exceeding twenty days, in the county jail, or both, at the discretion of the court; and shall be liable to said owner or owners of said property for the value thereof, or the injury done to the same, in an action of debt, either in the court of common pleas or before a justice of the peace, as like amounts are now by law recoverable.

22 March 1887. P. L. 8.

266. Whenever hereafter any bailee or bailees for hire, or loan of any property of any livery-stable keeper, shall, wilfully or with gross negligence, damage or destroy the property of any one as aforesaid, while the same is in the custody or possession Wilful damages by of said bailee or bailees, the person or persons so offending shall be taken and bailees. deemed guilty of a misdemeanor, and upon conviction in the court of quarter sessions, shall be punished by a fine, not exceeding one hundred dollars, or imprison- Punishment. ment, not exceeding twenty days, in the county jail, or both, at the discretion of the court, and shall be liable to said owner or owners of said property for the value Civil remedy. thereof, or the injury done to the same, in an action of debt, either in the court

of common pleas or before a justice of the peace, as like amounts are now by law Jurisdiction. recoverable.

LIII. Lotteries.

267. All lotteries, (e) whether public or private, for moneys, goods, wares or 31 March 1860 § 52. merchandise, chattels, lands, tenements, hereditaments, or other matters or things

wealth v. Odell, 3 Pitts. 449. Commonwealth v. Reed, 30 L. I. 424. Commonwealth v. Singerly, 15 Phila. 368. Bruce v. Reed, 104 P. S. 408.

(a) See Const. of 1874, art. I., § 7.

(b) Extended to the counties of Armstrong, Butler, Indiana and Fayette, by act 18 March 1868, P. L. 358.

(c) Extended to Washington county, by act 7 March 1866, P. L. 285; to Lawrence and Clearfield, by act 18 February 1869, P. L. 212; to Venango, by act 12 April 1869, P. L. 871; to Beaver, by act 5 April 1870, P. L. 933; to Armstrong, by act 13 April 1870, P. L. 1151; to Jefferson county, by act 10 May 1871, P. L. 661; to Schuylkill county, by act 16 March 1872, P. L. 409; to Monroe and Clarion counties, by act 19 March 1872, P. L. 434; to Butler county, by act 28 February 1873, P. L. 188; and to Northumberland county, by act 10 April 1873, P. L. 674. See act 5 April 1867, for a similar provision as to Mercer county, P. L. 840; act 13

P. L. 396.

April 1868, as to Indiana county, P. L. 876; extended to Jefferson county, by act 26 February 1870, P. L. 258; and to Lancaster and Schuylkill counties, by act 18 March 1873, P. L. 304; and act 18 March 1869, as to Crawford and Chester counties, P. L. 416.

(d) Extended to the counties of Lebanon and Adams, by act 10 February 1872, P. L. 105; and to Northampton county, by act 4 April 1872, P. L. 931.

(e) A lottery for the disposal of land is within the prohibition of the act. Seidenbender v. Charles, 4 S. & R. 151. Any distribution of prizes by chance amounts to an illegal lottery: such as the sale of "prize candy." Commonwealth v. Sheriff, 10 Phila. 203. Hull v. Ruggles, 65 Barb. 432; s. c. 56 N. Y. Or a gift concert. Negley v. Devlin, 12 Abb. Pr. (N. S.) 210. But the mere determination of questions by lot, where there is no distribution of prizes by chance, is not a lottery within the act. Commonwealth v. Manderfield, 8 Phila. 457. See Governors

424.

31 March 1860 § 52.

P. L. 396.

Illegal lotteries to

be deemed nui

sances.

Ibid. § 53.

up an illegal lottery.

whatsoever, are hereby declared to be common nuisances; and every grant, bargain, sale, conveyance or transfer of any goods or chattels, lands, tenements or hereditaments, which shall be made in pursuance of any such lottery, is hereby declared to be invalid and void.(g)

268. If any person shall, within this state, either publicly or privately, erect, set Erecting or setting up, open, make or draw any such lottery as aforesaid, or be in any way concerned in the managing, conducting or carrying on the same, he shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding one year. (h)

Ibid. § 54.

Selling tickets or policies in an unfawful lottery.

Purchaser not to be liable.

Form of indictment.

2 April 1870 § 1. P. L. 46.

269. If any person shall sell, or expose to sale, or cause to be sold or exposed to sale, or shall barter or exchange, or cause or offer to be bartered or exchanged, or shall advertise, or cause to be advertised, for sale, barter or exchange, any lotteryticket, or share, or any part thereof, or any lottery policy or any writing, certificate, bill, token or other device purporting or intending to entitle, or represented as entitling, the holder or bearer, or any other person, to any prize to be drawn in any lottery, or any part of such prize, or any interest therein, or shall, in any newspaper, magazine or periodical owned or controlled by him, publish or cause to be published, any advertisement of any lottery-ticket, share, policy, writing, certificate, bill, token or device aforesaid, or of any lottery drawing or lottery scheme, or any prospectus scheme, or other advertisement of any company, association, corporation, partnership, individual or individuals conducting, managing or controlling any lottery, or acting as agent therefor; such person shall be guilty of a misdemeanor, and on conviction, be sentenced to an imprisonment, by separate and solitary confinement at labor, not exceeding two years, and to pay a fine, not exceeding one thousand dollars, or both, or either, at the discretion of the court. The purchaser of such ticket, policy or device shall not be liable to any prosecution or penalty, by virtue of this or any other law of the commonwealth, and shall, in all respects, be a competent witness to prove the offence. (i) Any indictment under this act shall be deemed and adjudged good and sufficient, which describes the offence in the words of this law, although it does not set out the name or location of such lottery, nor set out in words or figures the ticket, policy or device sold, bartered or exchanged, or offered or advertised to be sold, bartered or exchanged.(k)

270. The 73d section of the act to which this is a supplement shall be extended to apply to any person who shall be legally indicted, in any court of criminal jurisdiction within this commonwealth, of the crime of keeping or exhibiting any tickets declared a gaming-table, device or apparatus to win or gain money or other property of value,

Selling lottery

nuisance.

31 March 1860 § 155. P. L. 416.

works of art.

or of engaging in gambling for a livelihood, or of aiding and assisting others to do the same; and also to any person who may be legally indicted in any such court of selling tickets or policies in any unlawful lottery.

LIV. Malicious mischief and trespass.

271. If any person shall, unlawfully and maliciously, destroy or damage anything kept for the purpose of art, science or literature, or as an object of curiosity, Malicious injury to in any museum, gallery, cabinet, library or other repository, which museum, gallery, cabinet, library or other repository is either at all times, or from time to time, open for the admission of the public, or any considerable number of persons to view the same, either by the permission of the proprietor thereof, or by payment of money for entering the same; or any picture, statue, monument or painted glass in any church, meeting-house or other place of religious worship, or any statue or monument exposed to public view; such person shall be guilty of a misdemeanor, and being convicted thereof, shall be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, not exceeding six months.(1)

23 June 1885. P. L. 138.

272. If any officer, clerk, agent or member of any public library, duly incorporated under the laws of this commonwealth, or any other person whatever,

of the Almshouses v. American Art Union, 7 N. Y. 228. People v. American Art Union, Ibid. 240. Kohn v. Kochler, 21 Hun 466. And see act 9 March 1867, relative to auctions and gift enterprises in Mercer county. P. L. 378.

(9) A contract of purchase of a prize lotteryticket, the sale of which is prohibited by law, cannot be enforced by action; nor will the purchaser be entitled to recover, in an action for money had and received, upon proof that the seller of the ticket received the amount of the prize-money. Eberman v. Reitzel, 1 W. & S. 181. Aliter, where the ticket was purchased in another state, whose laws legalized the sale. McNight v. Biesecker, 13 P. S. 328. See Comly v. Hillegas, 94 P. S. 132.

(h) And he may be compelled to testify. Commonwealth v. Roberts, Bright. 109.

(i) The 52d, 53d and 54th sections are consolida

tions and amendments of the acts of 17 February 1762, 1 Sm. 246; of the act of 20 January 1792, 3 Sm. 60; of the act of 2 March 1805, 4 Sm. 210; of the 2d section of the act of 1 March 1833, P. L. 60; and of the 3d section of 16 March 1847, P. L. 476. Report on the Penal Code 21. By act 2 April 1870 (infra 270) the selling of tickets or policies in any unlawful lottery is declared to be a public nuisance.

(k) So amended by act 13 June 1883, P. L. 90. The act of 3 June 1885, P. L. 55, prohibiting merchants giving checks to customers entitling them to receive money or articles of value, was held to be unconstitutional in Commonwealth v. Moorhead, 7 C. C. 513.

(1) This section is new; if we desire the future encouragement of the fine arts, such a law is absolutely necessary. Report on the Penal Code 35.

shall hereafter wilfully cut, mutilate, or otherwise injure any book, volume map, 23 June 1885. chart, magazine, newspaper, painting, engraving or statuary belonging to or deposP. L. 188. ited in any public library, museum or gallery, so incorporated as aforesaid, or in Injuring books, any department of this commonwealth, shall procure such injury to be done, as maps, &c., of public library, &c. herein stated, every such person shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, by any court of competent jurisdiction, shall be liable for each offence, to a fine of not more than one hundred dollars, or imprisonment Punishment. in the county jail, not exceeding three months, or both, or either, at the discretion of the court moreover he shall be liable to make good the said damage or injury to said institution, in addition to aforesaid fine and imprisonment: Provided, however, Copies of this law That no prosecution shall be maintained under this act, unless the library, [museum to be posted. or gallery or institution] (m) prosecuting, shall have at least two printed copies of this act conspicuously placed upon its premises.

22 March 1887. P. L. 8.

273. Whenever hereafter any bailee or bailees for hire, or loan of any property of any livery-stable keeper, shall, wilfully or with gross negligence, damage or destroy the property of any one as aforesaid, while the same is in the custody or Wilful damage by possession of said bailee or bailees, the person or persons so offending shall be bailees. taken and deemed guilty of a misdemeanor, and upon conviction in the court of quarter sessions, shall be punished by a fine, not exceeding one hundred dollars, Punishment. or imprisonment, not exceeding twenty days, in the county jail, or both, at the

discretion of the court, and shall be liable to said owner or owners of said property Civil remedy. for the value thereof, or the injury done to the same, in an action of debt, either in the court of common pleas or before a justice of the peace, as like amounts are Jurisdiction. now by law recoverable.

&c.

6 May 1887. P. L. 87.

274. Any person found guilty of wilfully and maliciously mutilating, destroying, tearing down or removing any show-bill, placard, programme, poster or other advertisement, posted upon any rail, fence, bill-board or other structure, in or Mutilation, &c., of located upon any public highway, in this commonwealth, shall be deemed guilty show-bills, posters, of a misdemeanor, and upon conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars: Provided, The penalties of this act Punishment. shall not apply to those tearing down or removing show-bills, play-bills, posters, programmes, after the performance therein advertised, or to the owner or tenant of any building, fence or other structure, when the same has been posted or put up without his or their consent, except such owner or tenant be the bill-poster putting up or employed to put up the same.(n)

Exception.

9 May 1889. P. L. 167.

275. If any person or persons shall unlawfully, wilfully or recklessly injure or deface any statue or monument now erected, or which may hereafter be erected, by the authority of or within the commonwealth, or shall in like manner alter, Injuring or defacdeface, add to or change any of the inscriptions upon any such statue or monu- ing monuments. ment, such person or persons shall be deemed guilty of a misdemeanor, and upon being convicted thereof, shall be sentenced to pay a fine, not exceeding five hundred Penalty. dollars, or undergo imprisonment, not exceeding one year, or either, or both, in the discretion of the court.

P. L. 42.

276. If any person or persons, from and after the passage of this act, shall, 28 March 1865 § 1. maliciously or wantonly, break or throw down any post and rail or other fence, erected for the enclosure of land, or shall carry away, break or destroy any post, Maliciously breakrail or other material, of which such fence was built, enclosing any lots(0) or fields ing down fences. within the commonwealth, such person or persons so offending shall be guilty of a misdemeanor, and on conviction, shall be sentenced to pay a fine, not exceeding fifty dollars, one-half thereof to be paid to the informer, on conviction of the offender or offenders, the other half to the support of the poor of such county, township, borough or ward where the offence has been committed, with costs of prosecution, or to undergo an imprisonment, not exceeding six months, or both, or either, at the discretion of the court.

P. L. 362.

277. The wilful taking and carrying away of fruit, vegetables, plants, fruit or 30 March 1860 § 1. ornamental trees, vines or shrubs, in the counties of Huntingdon, Washington, Allegheny, Berks, Lancaster, Lycoming and Delaware, (p) whether attached to the Wilful taking and soil or not, shall be deemed, and the same is hereby declared a misdemeanor, and carrying away of fruits, &c. may be prosecuted and punished as such, under the laws of this commonwealth, and on conviction thereof, in the court of quarter sessions of said county, shall be fined, not exceeding fifty dollars, and imprisoned, not exceeding sixty days; such fine or penalty to be appropriated as provided in the second section of this act.(q) 278. Any person or persons who shall wilfully enter or break down, through or over any orchard, garden or yard-fence, hot-bed or green-house; or who shall wrongfully club, stone, cut, break, bark or otherwise mutilate or damage any nut, fruit or ornamental tree, shrub, bush, plant or vine, trellis, arbor, hot-bed, hot or green-house; or who shall wilfully trespass upon, walk over, beat down, trample or in anywise injure any grain, grass, vines, vegetables or other growing crop;

(m) So amended by act 19 May 1887, P. L. 140. (n) See Commonwealth v. Johnson, 13 C. C. 543, and ante, sub-tit. "Bill-Posting."

(0) Maliciously and wantonly breaking down a division fence, in the thickly inhabited part of a city,

Ibid. § 2.

Wilful trespasses.

P. L. 362.

Appropriation of penalties.

Imprisonment, in default of payment.

30 March 1860 § 2. shall and may on conviction thereof, before any alderman or justice of the peace, or in any court of law in said counties, have judgment against him, her or them, in a sum not less than five, nor more than one hundred dollars, with costs of suit; one-half the damage or penalty to go to the use of the informer, the other half of the damage or penalty to the occupant or owner of the premises on which the said trespass shall or may be committed; and in default of payment of said fine or judgment, with costs of suit, the party convicted may and shall be committed to the jail of said county, for not less than twenty, nor more than sixty days; said complaint or action to be in the name of the commonwealth, and the testimony of Owner to be a wit- the owner or occupant of the premises shall be admitted as evidence to prove the trespass and damage sustained: Provided, That when the owner of the premises shall become the informant, then one-half of the penalty shall be appropriated to the school fund of the district in which the trespass was committed.

ness.

1 May 1861 § 2. P. L. 478.

Extended to the protection of graperies, &c.

8 April 1867 § 1. P. L. 907.

Wilful taking and carrying away of fruits, &c.

Ibid. § 2.

Wilful trespasses.

279. The provisions of the first section of said act() are hereby extended for the protection of graperies, statuary, vases, fountains and all other useful and ornamental erections in public and private gardens, yards, grounds, parks, streets and squares, the wilful trespass upon, or injury to which is hereby declared a misdemeanor, which may be prosecuted and punished as such, as directed for the prosecution and punishment of the offences named in said act.(s).

280. The wrongful taking and carrying away of fruit, vegetables, plants, fruit, ornamental or other trees, vines or shrubs, in the counties of Clinton, Centre, Butler, Lawrence and Mercer, whether attached to the soil or not, shall be deemed, and the same is hereby declared a misdemeanor, and may be prosecuted and punished as such, under the laws of this commonwealth.

281. Any person or persons who shall, wilfully and maliciously, in said county, enter or break down, through or over field, orchard, garden or yard, fence, hot-bed, hot or green-house; and who shall wilfully or maliciously club, stone, cut, bark. break or otherwise mutilate or damage any fruit, ornamental or other tree, shrub, bush, plant or vine, trellis, arbor, hot-bed, hot or green-house; or who shall, wilfully and maliciously, trespass upon, walk over, beat down, trample or in anywise injure any grain, grass, vines, vegetables or other growing crop, in the said counties of Clinton, Centre, Butler, Lawrence and Mercer; shall, on conviction thereof, in an action of trespass, before any mayor, burgess, alderman or justice of the peace, or in any court of law of said counties, have judgment against him, her or them, for double the amount of damage proved to have been done, together with costs of suit ; Appropriation of one-half of said damage or penalty to go to the use of the poor of the district wherein penalties. the premises lie; and in default of payment of said fine, the party convicted may and shall be committed to jail for not less than one, nor more than twenty days; said action to be brought in the name of the commonwealth, and the testimony of the owner or occupant of the premises shall be admitted as evidence to establish the trespass.

Imprisonment in default of pay

ment.

Ibid. § 3. Other malicious trespasses.

8 June 1881 § 1. P. L. 82.

Injury to fruit gardens, &c.

See amendment

18 June 1895, P. L. 196, Supp. 2562.

Ibid. § 2. Jurisdiction of justices.

282. Any person in the county of Clinton, Centre, Butler, Lawrence and Mercer, who shall cut, break or girdle, or otherwise injure any fruit, ornamental or other tree, vine or shrub, or who shall enter any field, orchard, garden or close, without the consent of the owner or owners thereof, with intent to take, injure or destroy any fruit or vegetables therein growing or being, without the consent of the owner or owners as aforesaid, or who shall wilfully deface, injure, break or destroy any fence, wall or gate surrounding any orchard, garden or close as aforesaid, shall be guilty of a misdemeanor, and upon conviction thereof, before any justice of the peace, shall forfeit and pay a fine not less than five, nor more than fifty dollars, or suffer imprisonment in the county jail for not less than ten, nor more than sixty days: Provided, That nothing herein contained shall prevent the injured party from pursuing any civil remedy authorized by law.

283. Any person or persons who shall wilfully enter or break down, through or over any field, orchard, garden or yard fence, hot-bed or green-house, or who shall wrongfully club, stone, cut, break, bark or otherwise mutilate or damage any fieldcrop, nut, fruit or ornamental tree, shrub, bush, plant or vine, trellis, arbor, hotbed, hot or green-house, or who shall trample, or in anywise injure, any grain, grass, vines, vegetables or other growing crop, or who shall wilfully take or carry away any grain, corn, rye, wheat or other field-crop, fruit, vegetables, plants, fruitor ornamental trees, vines or shrubs, whether the same be attached to the soil or not, shall subject such person or persons to a penalty of not less than five, nor more than fifty dollars, for each and every offence.

284. Any justice of the peace or alderman, upon information or complaint made before him, by the affidavit of one or more persons, of the violation of said act by any person or persons, shall issue his warrant, directed to any constable or police officer, to cause such person or persons to be arrested and brought before said justice or alderman, who shall hear and determine the guilt or innocence of such

(r) The first section of this act extends the provisions of the act 30 March 1860, supra 277-8, to various counties; having been passed, apparently, in ignorance of the fact that the act of 1860 had already

been extended throughout the state by act 17 April 1861. P. L. 322.

(s) The residue of this section is repealed by act 23 April 1864. P. L. 582.

8 June 1881 § 2. P. L. 82.

person or persons so charged, and if convicted of said offence or offences, shall be sentenced to pay the said penalty aforesaid, attached to said violations, with costs, one-half to go to the party or parties injured, to pay for damages sustained, and the remaining one-half to the school fund of the district in which said offence was committed: Provided, That the defendant or defendants, on refusing to pay at Commitment of once said penalty, shall be committed to the common jail of the said county, for offender. a period of not less than one day for each dollar of penalty imposed, unless the defendant or defendants enter in a recognizance, with good security, to answer said Powers of the complaint, on a charge of misdemeanor, before the quarter sessions of the peace of quarter sessions the county in which the offence is committed,(t) which court, on conviction of the offence so charged, and failure to pay the penalty imposed by this act with costs, shall commit said defendant or defendants to the common jail of the county, for a period not less than one day for each dollar of penalty imposed.

P. L. 65.

285. Any person or persons who shall maliciously, after the passage of this act, 19 May 1879 § 1. break down, destroy or remove, or in any manner whatsoever injure, impair or damage, in whole or in part, any rip-rap, wall, dam, bank or breakwater, built or Destroying emformed or composed of stone, cinders or other materials, along property fronting bankments. or abutting on any river or stream within this commonwealth, or who shall remove, carry away or tear up any stones, cinders or other materials of which such rip-rap, wall, dam, bank or breakwater shall be in whole or in part composed, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, in the court of quarter sessions of the county in which the offence shall have been committed, be fined, for each offence, not exceeding two hundred dollars, or imprisonment in the county jail or workhouse, not exceeding six months: Provided, That prosecu; tions under this act shall be begun within two years from the time of the commission of the offence: And provided further, That the provisions of this act shall not apply to counties having a population of over five hundred thousand inhabitants.

P. L. 416.

286. If any person shall, wilfully and maliciously, break, throw down, level or 31 March 1866 § 144. destroy the whole or any part of any lock, sluice, flood-gate, bank, waste-wier, dam, aqueduct, culvert, bridge, feeder, guard-wall, towing-path or berm-bank belonging Malicious injury to any artificial navigation, or stop up or obstruct any such feeder, waste-wier, to artificial naviaqueduct or culvert, such person shall be guilty of a misdemeanor, and on convic- gation. tion, be sentenced to pay a fine, not exceeding one hundred dollars, and undergo an imprisonment, by separate or solitary confinement, or by simple imprisonment, at labor, not exceeding three years.(u)

Ibid. § 145.

or shutting locks,

287. If any person shall wantonly open or shut, or cause to be opened or shut, any lock or safety-gate, or any wicket, paddle or culvert-gate, or any waste-feeder Wantonly opening or sluice-gate, or drive any nails, spikes, pins or wedges into any such gate or fixtures thereof, or shall take any other means to prevent the perfect and free use &c. of the same, or shall wantonly or maliciously break, throw down or destroy any fence, wall or timber-work on any canal, pool, feeder or other part of any artificial navigation; or if any person shall wilfully obstruct the navigation of any canal or pool, by throwing into the same, or sinking to the bottom thereof, any vessel, timber, stone, earth or other thing, or by placing anything whatever upon any towing-paths; such person shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding one hundred dollars, and undergo an imprisonment, not exceeding three calendar months. (v)

Ibid. § 146.

or walls.

Ibid. § 147. Destroying or

288. If any person shall, unlawfully and maliciously, break down or cut down the bank or wall of any river, canal or marsh, whereby any land shall be overflowed or damaged, or be in danger thereof, such person shall be guilty of a mis- Destroying banks demeanor, and on being thereof convicted, be sentenced to pay a fine, not exceeding one hundred dollars, and to undergo an imprisonment, not exceeding one year. (w) 289. If any person shall, unlawfully and maliciously, break, injure or otherwise destroy or damage any part of any locomotive or stationary engine, inclined plane, engine-house, station or depot, bridge, culvert, tressel-work or other building or damaging bridges, structure belonging to any railroad or any other part of such railroad; or shall, buoys, flagstaffs, wantonly and maliciously, derange or displace the fixtures or machinery of any houses, &c. locomotive or stationary engine used or employed on any railroad; or shall, wilfully and maliciously, destroy or injure any fence or wall, cross-road passing over or under such railroad; or shall, unlawfully and maliciously, break, injure or otherwise destroy or damage any of the posts, wires or other materials or fixtures employed in the construction and use in any line of an electrical telegraph, or shall, wilfully and maliciously, interfere with such structure so erected, or in any way attempt to lead from its uses or make use of the electrical current, or any

(t) A justice having bound a defendant to court has no right to subsequently accept the fine and discharge the recognizance. Commonwealth v. Laubacher, 4 C. C. 606. Upon an appeal from a summary conviction, the record must show a trial conviction and sentence. A recognizance cannot be offered until after sentence. Hoffman v. Commonwealth, 123 P. S. 75.

(u) This section is a re-enactment and amendment of the 5th section of the act of 10 April 1826, 9 Sm. 200. Report on the Penal Code 33.

(2) This section is a re-enactment and amendment of the 4th and 6th sections of the act of 10 April 1826, 9 Sm. 200. Report on the Penal Code 34.

(w) This section is new, and sufficiently explains itself. Report on the Penal Code 34.