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P. L. 416.

81 March 1860 § 147 portion thereof, properly belonging to and in use, or in readiness to be made use of for the purpose of communicating telegraphically from one station of a telegraph company to another established station of the same, or a connecting telegraph line; or shall, unlawfully and maliciously, break, injure or otherwise destroy or damage any bridge, river or meadow-bank or mill-dam; or, wilfully and maliciously, take down, injure, remove or in any manner damage or destroy any flag, flag-staff, beacon, buoy or other way or water-marks, which now are or hereafter may be put, erected or placed, by lawful authority, near or in any streams that are or may be declared public highways; or shall, unlawfully and maliciously, cut, break or otherwise destroy any lead, tin, copper or iron spout affixed to any house or other building, public or private; or shall, unlawfully and maliciously, daub, paint or otherwise deface any dwelling-house; such offender shall be guilty of a misdemeanor, and upon conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, not exceeding twelve months, or both, or either, at the discretion of the court.(x)

Ibid. § 148. Breaking win

dows, tearing off knockers, &c.

Ibid. § 149. Injuring the grounds of the capitol hill.

290. If any person shall, wilfully and maliciously, break, injure or destroy any window or door belonging to any dwelling-house or out-house, parcel thereof; or shall, unlawfully and maliciously, break or take off from the door any knocker or bell-pull, or plate inscribed with the name of the occupant or number of the house; or shall, wilfully and maliciously, destroy, take down, injure or deface any sign, put up by an inhabitant to denote the place of his abode, occupation, business or employment; such person shall be guilty of a misdemeanor, and upon conviction, shall be sentenced to pay a fine, not exceeding one hundred dollars, or suffer an imprisonment, not exceeding six months, or both, or either, at the discretion of the court.

291. If any person shall, wilfully and maliciously, break down any tree or shrub growing on the public grounds as enclosed on capitol hill, or otherwise injure or destroy the same, or shall break or destroy the fence around such enclosure, or any part thereof, or shall, maliciously and wilfully, injure any part of the public Malicious trespass. grounds, or the buildings belonging to the state; or if any person shall, wilfully or maliciously, injure or destroy any fruit or ornamental trees, shrub, plant or grape-vines growing or cultivated in any orchard, garden or close, or upon any public street or square in this commonwealth; he shall be guilty of a misdemeanor, and on conviction, be fined not exceeding one hundred dollars, and undergo an imprisonment, not exceeding six months, or both, or either, at the discretion of the court.(y)

23 June 1885 § 1. P. L. 145.

Injury to oil, gas or water wells. Penalty.

8 May 1876 § 1. P. L. 142.

another.

292. If any person shall, wilfully and maliciously, injure any well sunk for the production of oil, or gas, or water, or any tank intended or used for the storage of oil, or gas, or water, or any line of pipe intended or used for the transportation of oil, or gas, or water, or any machinery connected with such wells, tanks or lines of pipe, he shall be guilty of a misdemeanor, and upon being thereof convicted, shall be sentenced to pay a fine, not exceeding one thousand dollars, and undergo imprisonment, not exceeding three years, or both, or either, at the discretion of the court.

293. If any person or corporation shall mine or dig out any coal, iron or other minerals, knowing the same to be upon the lands of another person or corporation, Mining on lands of without the consent of the owner, the person or corporation so offending, shall be guilty of a misdemeanor; and being thereof convicted, shall be sentenced to pay such fine, not exceeding one thousand dollars, or to such imprisonment, not exceeding one year, as to the court in their discretion may think proper to impose. And the person or corporation so offending, shall be further liable to pay to such owner double the value of said coal, iron or other materials so mined, dug out or removed, or in case of the conversion of the same to the use of such offender or offenders, treble the value thereof, to be recovered, with costs of suit, by action of trespass or trover, as the case may be; and no prosecution by indictment under this act shall be a bar to such action: Provided, That the provisions of this act shall not 31 March 1860 § 150 apply to persons picking coal for their own domestic use.

Double damages.

Exception.

P. L. 418.

294. If any person shall, unlawfully and maliciously, cause any water to be con

(c) Sections 147 to 153 are the consolidation and amendment of various laws prescribing against malicious mischief. Section 147 contains the provisions of the act 27 March 1819, 7 Sm. 197; part of the 8th, and all of the 9th section of the act 16 April 1838, P. L. 463; and the 1st section of the act 8 May 1855, P. L. 531. So much of these acts as provides against the setting fire to engine-houses, has been introduced among the provisions of section 138, punishing arsons. The amendment to these acts, introduced in this section, are the clauses punishing malicious injury or damage done to any bridge, river or meadow-bank, or mill-dam, and the provision against maliciously defacing a dwelling-house, a mode of venting malice which sometimes takes place in our large cities. The 148th section contains the enactments of the 3d and 4th sections of the act 21 March 1772, 1 Sm. 382. Section

149 embraces the provisions of the act 27 March 1824, 8 Sm. 259; and the 10th section of the act 14 March 1842, P. L. 74. Section 150 is new, and rendered necessary for the protection of the great mining interests which have, within comparatively recent years, sprung up in the commonwealth. Section 151 contains the provisions of the 5th section of the act 7 March 1848, P. L. 111; this law, now local, is thus made to embrace the whole state. The enactments against injuries to grave-yards, tombs, &c., have been introduced in section 47, against violation of sepulchre. The 152d section is an amendment of the first section of the act 27 March 1824, 8 Sm. 282. The 153d section is an amendment of the act of 1700, 1 Sm. 4. Report on the Penal Code 34.

(y) See supra 277-282.

veyed into any mine, or into any subterraneous passage communicating therewith, 31 March 1860 § 150.
with intent thereby to destroy or damage such mine, or to hinder or delay the P. L. 418.
working thereof, or shall, with the like intent, unlawfully and maliciously, pull Drowning mines or
down, fill up or obstruct any air-way, water-way, drain, pit, level or shaft of or be- filling up shafts.
longing to any mine; such offender, his aiders and abettors, shall, on conviction
thereof, be sentenced to pay a fine, not exceeding five hundred dollars, and undergo
an imprisonment, not exceeding two years.

Ibid. § 151.

295. If any person shall, wilfully and maliciously, cut, injure or destroy, or deface any hose or engine, or any apparatus appertaining to the same, belonging to any Maliciously injur fire-engine or hose company, he shall be guilty of a misdemeanor, and on convic- ing fire-engine or tion, be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo hose. an imprisonment, by separate or solitary confinement at labor, not exceeding three years.

Ibid. § 152.

296. If any person shall cut down or fell any timber-tree or trees,(z) knowing(a) the same to be growing or standing upon the lands(b) of another person, (c) withCutting down out the consent of the owner; or if any person shall purchase or receive any tim- timber-trees. ber-tree or trees, knowing the same to have been cut or removed from the lands of another, without the consent of the owner thereof; (d) or who shall purchase or receive any planks, boards, staves, shingles or other lumber made from such timbertree or trees, so as aforesaid cut or removed, knowing the same to have been so made; the person so offending shall be guilty of a misdemeanor, (e) and being thereof convicted, shall be sentenced to pay such fine, not exceeding one thousand dollars, or to such imprisonment, not exceeding one year, as the court, in their discretion, may think proper to impose.

Ibid. § 158.

Removing or de

297. If any person shall, knowingly and maliciously, cut, fell, alter or remove any certain bounded tree, or other allowed landmark, to the wrong of his neighbor, or any other person, he shall be guilty of a misdemeanor, and on conviction, be stroying landsentenced to pay a fine, not exceeding five hundred dollars, and to undergo an im- marks. prisonment, not exceeding one year.

LV. Mayhem.

P. L. 403.

298. If any person, on purpose, and of malice aforethought, by lying in wait, (g) 31 March 1860 § 80. shall unlawfully cut or disable the tongue, put out an eye, slit the nose, cut off the nose, ear() or lip, or cut off or disable any limb or member of another, or Malicious brand another, with intention in so doing to maim or disfigure such person; (i) mayhem. or shall voluntarily, maliciously and of purpose, pull or put out an eye,(k) or bite off the nose, ear, lip, limb or member, or any part of the nose, ear, lip, limb or member of his opponent, while fighting, or otherwise; every such offender shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding one thousand dollars, three-fourths parts whereof shall be for the use of the party grieved, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years: Provided also, That the party grieved Party grieved to shall, in such prosecution, be received as a competent witness, his credibility to be a competent be judged of by the jury as in other cases.(1)

LVI. Military orders.

witness.

1 June 1891.

P. L. 141.

299. That any person who shall wilfully wear the insignia or rosette of the military order of the Loyal Legion of the United States, or the badge or button of the Grand Army of the Republic, or the badge or shield of the Union Veteran Unauthorized use Legion, or the badge or shield of the order Sons of Veterans, United States of of insignia of America, or use the same to obtain aid or assistance within this state, unless he army orders. shall be entitled to use or wear the same under the constitution and by-laws, rules and regulations of such organization, shall be guilty of a misdemeanor, and upon convic- Punishment. tion, shall be punished by a fine not to exceed one hundred dollars.(m)

(z) Timber-trees are such as are used, not only for building purposes, but in the mechanical arts. Commonwealth v. Lewis, Lewis's Cr. L. 506. See 1 Madd. Ch. 140, in note. Church v. Bronson, 7 Johns. 233. (a) See O'Reilly v. Shadle, 33 P. S. 489. (b) The act extends as well to unseated as to seated lands. Houston v. Sims, 12 P. S. 195.

(c) Possession under claim of title, is enough. Commonwealth v. Hoover, 1 Bro. App'x, xxv. A tenant under a lease for years may be described as owner. Commonwealth v. Lewis, Lewis's Cr. L. 505. And it is unnecessary, to prove that the defendant knew who was the owner. Commonwealth v. Caldwell, Lewis's Cr. L. 506.

(d) See Commonwealth v. Bechtol, 4 Clark 306. (e) As to form of indictment, see Moyer v. Commontrealth, 7 P. S. 439. Commonwealth v. Bechtol, 4 Clark 306. 4 Am. L. J. 130.

(g) The malice and lying in wait need not be expressly proved, but may be collected from all the cir

See amendmen
25 June 1895,
P. L. 289,
Supp. 2563.

cumstances of the case. Respublica v. Langcake, 1
Y. 415. An indictment, leaving out the words "lying
in wait," is defective. Respublica v. Reiker, 3 Y. 282.
(h) Cutting or biting off the ear is not mayhem at
common law. Scott v. Commonwealth, 6 S. & R.

226.

(i) To convict under this clause, there need be only a general intent to maim and disfigure. Respublica v. Langcake, 1 Y. 415.

(k) Under this clause, a particular intent to put out the eye must be shown. Respublica v. Langcake, 1 Y. 415. An indictment, leaving out the word voluntarily," is bad. Respublica v. Reiker, 3 Y. 282.

(1) This section is taken from the 6th section of the act of the 22 April 1794, 3 Sm. 188; and the 4th section of the act 23 April 1829, 10 Sm. 440; the maximum punishment being fixed at five years. Report on the Penal Code 24.

(m) This is an amendment of the act 8 March 1889, P. L. 10.

31 March 1860 § 29.

P. L. 413.

Fraudulently destroying any deed

or other security.

12 June 1878 § 3. P. L. 196.

Destroying or

mutilating books of a corporation.

16 March 1870 § 1. P. L. 40.

trums for secret

diseases, &c.

LVII. Mutilation and destruction.

300. If any person shall, fraudulently or maliciously, tear, burn or in any other way destroy any deed, lease, will, bond or any bill or note, check, draft or other security for the payment of money, or the delivery of goods, or any certificate of loan or other public security of this commonwealth, or of the United States, or any of them, or any certificate of the stock or debt of any bank, corporation or society, either of this commonwealth or the United States, or either of them, or of any foreign country, or any receipt, acquittance, release or 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 daybook or other book of accounts, or any agreement or contract whatever, with intent to defraud, prejudice or injure any person, bank, body corporate, society or association, the person so offending shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, not exceeding three years, or either, or both, at the discretion of the court.(n)

301. If any officer, director, superintendent, manager, receiver, employé, agent, attorney, broker or member of any bank, or other body corporate or public company, municipal or quasi municipal corporation, (o) shall, with intent to defraud, destroy, alter, mutilate or falsify any of the books, papers, writings or securities belonging to the bank, body corporate or public company, municipal or quasi municipal corporation, of which he is a director, officer, superintendent, manager, receiver, employé, agent, attorney, broker or member, or shall make or concur in the making of any false entry, or any material omission, in any book of accounts or other document, he shall be guilty of a misdemeanor.

LVIII. Nostrums.

302. It shall not be lawful to print or publish advertisements of medicines, drugs, nostrums or apparatus for the cure of secret or venereal diseases, or for the Publication of nos- cure of those diseases peculiarly appertaining to females; and if any person shall print or publish, or procure to be printed or published, in any newspaper in this state, any advertisement of medicines, drugs or nostrums, or apparatus for the cure of secret or venereal diseases, or for the cure of those diseases peculiarly appertaining to females, or shall, by printing or writing, or in any other way, publish an account or description of such medicines, drugs, nostrums or apparatus, or shall procure the same to be published or written, or in any other way published, or shall circulate or distribute any such newspaper advertisement, writing or publication, every such person so offending shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined in any sum not exceeding one thousand dollars, or be imprisoned in the county jail, not exceeding six months, or both, at the discretion of the court.

Ibid. § 2.

Publication of nos

ing conception or procuring abortion or sale thereof.

303. If any person shall print or publish, or cause to be printed or published, in any newspaper in this state, any advertisement of any secret drug or nostrum trums for prevent- purporting to be for the use of females; or if any druggist or other person shall sell or keep for sale, or shall give away any such secret drug or nostrum purporting to be for the use of females; or if any person shall, by printing or writing, or in any other way, publish an account or description of any drug, medicine, instrument or apparatus for the purpose of preventing conception, or of procuring abortion or miscarriage; or shall, by writing or printing, or any circular, newspaper, pamphlet or book, or in any other way, publish or circulate any obscene notice; or shall, within this state, keep for sale or gratuitious distribution any secret drug, nostrum or medicine for the purpose of preventing conception, procuring abortion or miscarriage; such person or persons, so violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in any sum not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court: Provided, That nothing in this act contained shall be construed to affect teaching in regular chartered medical colleges, or the publication of standard medical books.

31 March 1860 § 73. P. L. 402.

LIX. Nuisances.

304. Any person who shall erect, set up, establish, maintain, keep up or continue, or cause to be erected, set up, established, maintained, kept up or continued, any public or common nuisance,(p) shall be guilty of a misdemeanor, and on

(n) This section is new, and provides against the fraudulent and malicious destruction of the various securities therein enumerated; the necessity for such an enactment seems obvious. Report on the Penal Code 31.

(0) This is an amendment of the act 31 March 1860,

$118. See Commonwealth v. Beamish, 81 P. S. 389. By section 5 of this act, the punishment is fixed at a fine not exceeding one thousand dollars, and to undergo an imprisonment by separate or solitary confinement at labor not exceeding six years.

(p) The obstruction of a highway was indictable at

conviction, shall be sentenced to pay a fine, and suffer an imprisonment, or either, 31 March 1860 § 78. or both, according to the discretion of the court under the circumstances of the P. L. 402. case; and where the said nuisance shall be in existence at the time of the convic- Punishment for tion and sentence, it shall be lawful for the court, in its discretion, to direct either maintaining public nuisance. the defendant or the sheriff of the proper county, at the expense of the defendant, to abate the same: Provided, also, That all obstructions to private roads, laid out according to law, shall be nuisances, which would be nuisances in cases of obstructions to public roads or highways.(q)

LX. Obscene literature.

P. L. 392.

305. If any person shall publish or sell any filthy and obscene libel, or shall 81 March 1860 § 40. expose to sale, or exhibit, or sell any indecent, lewd and obscene print, painting or statue; or if any person shall keep and maintain any house, room or gallery, Obscene libels. for the purpose of exposing or exhibiting any lewd, indecent and obscene prints, pictures, paintings or statues, and shall be convicted thereof, such person shall be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, not exceeding one year.(r)

6 May 1887 § 1. P. L. 85.

306. If any person shall bring or cause to be brought into this state for sale or exhibition, or shall sell, lend, give away, or offer to give away, or show, or have in his, or her possession, with intent to sell, or give away, or to exhibit, show, Dissemination of advertise, or otherwise offer, for loan, gift, sale or distribution, any obscene or obscene literature. indecent book, magazine, pamphlet, newspaper, story paper, writing, paper, picture, card, drawing or photograph, or any article or instrument of indecent or immoral use, or shall design, copy, draw, photograph, print, utter, publish, or otherwise prepare such book, picture, card, drawing, paper, or other article, or shall write, or print, or cause to be written, or printed, a circular advertisement, or notice of any kind, or give information orally, stating when, where, how, or of whom, or by what means such an indecent or obscene article or thing can be purchased, seen or obtained, shall in every such case be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine, not exceeding five Punishment. hundred dollars, and undergo an imprisonment, not exceeding one year: Provided, Proviso. That this section shall not apply to any persons giving information orally for the purpose of procuring or furnishing evidence to convict under this act.(s)

Ibid. § 2.

307. Any person who shall sell, lend, give away, or show, or shall have in his possession, with intent to sell, or give away, or to show, or shall advertise, or selling, lending, otherwise offer, for loan, gift or distribution to any minor, any book, pamphlet, giving or showing magazine, newspaper, or other printed paper devoted to the publication or prin- to a minor. cipally made up of criminal news, police reports, or accounts of criminal deeds, or pictures and stories of deeds of bloodshed, lust or crime, or shall exhibit on any street, or highway, or in any other place within the view, or which may be within the view of any minor child, any book, magazine, pamphlet, newspaper, writing, paper, picture, drawing, photograph, or other article, or article coming within the description of articles mentioned in the first section of this act, shall, in every such case be guilty of a misdemeanor, and upon conviction thereof, Punishment. shall be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, not exceeding two years.

Ibid. § 3.

308. If any person shall, in a public place, or on any fence, or wall, or other surface contiguous to the public street or highway, or on the floor, or ceiling, or on Making, drawing the inner or outer wall, closet, room, passage, hall, or any part of any hotel, inn, or posting indecent or tavern, court-house, church, school, station-house, depot for freight or passen- picture, &c. gers, capitol or other buildings devoted or open to other or like public uses, or on the walls of any out-buildings or other structures pertaining thereto, make or cause to be made any obscene drawing, or picture, or obscene or indecent writing, or print, liable to be seen by others passing, or coming near the same, such person so offending shall, in every such case, be guilty of a misdemeanor, and on conviction thereof, shall be sentenced to pay a fine, not exceeding five hundred Punishment. dollars, and undergo an imprisonment, not to exceed one year.

309. Any person or persons who shall put up in any public place any indecent, lewd or obscene picture or character representing the human form in a nude or

common law. Kelly v. Commonwealth, 11 S. & R. 345. Collecting a crowd in the streets, by the delivery of a political speech, is not a nuisance per se, though it may become so by the obstruction of the public highway. Fairbanks v. Kerr, 70 P. S. 86. And see Commonwealth v. Spratt, 14 Phila. 365. So, the publication of an advertisement calculated to alarm the public mind unnecessarily, is a public nuisance. Commonwealth v. Cassidy, 6 Phila. 82.

(1) This section provides for the punishment of the common-law crime of keeping or continuing a public nuisance. Express power is also given to the courts to direct, upon conviction, the abatement of the nuisance at the expense of the defendant. The proviso to

Ibid. § 4.

this section embraces the provision of the first section of the act 16 March 1847, P. L. 476; and the first section of the act 27 February 1849, P. L. 90. Report on the Penal Code 23.

(r) See Commonwealth v. Sharpless, 2 S. & R. 91. Commonwealth v. Landis, 8 Phila. 453. This section is new to our statute law, but the offences prescribed against by it are now punished, at common law, by fine and imprisonment. Report on the Penal Code 19. (s) This act is not unconstitutional. Commonwealth v. Havens, 6 C. C. 545. The "Kreutzer Sonata was held not to be an obscene publication. Commonwealth v. Arentzen, 26 W. N. C. 359.

6 May 1887 § 4.

P. L. 85.

Public exhibition

of indecent pic

semi-nude condition, or shall advertise by circulars or posters any indecent, lewd or immoral show, play or representation, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than twenty-five dollars, nor tures of the human more than three hundred dollars: Provided, That nothing in this act shall be so construed as to interfere with the purely scientific works written on the subject of sexual physiology or works of art.

form.

Punishment.

Works of art or science excepted.

31 March 1860 § 8. P. L. 385.

Obstructing the

process.

LXI. Obstructing process.

310. If any person shall, knowingly, wilfully and forcibly, obstruct, resist or oppose (1) any sheriff, coroner or other officer of the commonwealth, or other person duly authorized, in serving or attempting to serve or execute any process or order execution of legal of any court, judge, justice or arbitrator, or any other legal process whatsoever;(u) or shall assault or beat any sheriff, coroner, constable or other officer or person duly authorized, in serving or executing any process or order as aforesaid, or for and because of having served or executed the same; or if any person shall rescue another in legal custody; or if any person, being required by any sheriff, coroner, constable or other officer of the commonwealth, shall neglect or refuse to assist him in the execution of his office, in any criminal case, or in the preservation of the peace, or in apprehending and securing any person for a breach of the peace; such person shall be guilty of a misdemeanor, and on conviction, be sentenced to an imprisonment, not exceeding one year, and to pay a fine, not exceeding one hundred dollars, or either, or both, in the discretion of the court.

Rescuing prisoners.

Refusing to aid an officer.

10 June 1885 § 1. P. L. 81.

Establishment of

joints, booths or places for use of

opium prohibited.

Renting for such

purposes.

Punishment.

Ibid.

Duty of owners upon receiving information that

opium is used on premises.

Ibid.

Keeping devices

for using opium.

Penalty.

Ibid.

Frequenting

used for opium

LXII. Opium joints.

311. If any person shall set up or establish, or cause to be set up or established in any house, room, out-house, tent, booth, arbor or other place whatsoever, any apparatus or device, or instrument whereby opium may be smoked or used in any manner whatsoever by other persons, or if any person shall procure, permit, suffer or allow persons to collect and assemble in his house, room, out-house, booth, tent, arbor or other place whatsoever under his control, for the purpose of smoking opium, or of using opium in any manner, or if the owner, tenant, lessee or occupant of any house, room, out-house, tent, booth, arbor or other place whatsoever, shall lease, hire or rent the same or any part thereof, to be used and occupied or employed for the purpose of smoking opium or of using opium in any way or manner by other persons, the persons so offending in either of the enumerated cases, shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, not exceeding one year.

312. The owner of such house, room, out-house, tent, booth, arbor or other place whatsoever, who shall have received information that any such smoking or use as aforesaid, is in or upon the said premises, and shall not within ten days thereafter, cause complaint to be made against the person who has set up or established the same, shall be deemed and held to have knowingly leased, hired or rented the premises for the said unlawful purposes.

313. If any person shall keep or exhibit any apparatus, device or instrument for the smoking of opium, or of using opium in any way or manner, by other persons, or aid or assist or permit others to do the same, such persons shall be deemed guilty of a misdemeanor, and upon conviction thereof, be sentenced to an imprisonment, not exceeding one year, and to a fine, not exceeding five hundred dollars.

314. If any person shall be found in any house, room, out-house, tent, arbor or other place whatsoever, set up or established as aforesaid, smoking opium or using house, room, &c., opium in any way or manner, or in any way or manner aiding, assisting, abetting or permitting the smoking of opium or the use of opium, in the way or manner as aforesaid, such person so offending, shall be guilty of a misdemeanor, and upon conviction thereof, be sentenced to an imprisonment, not exceeding one year, and to a fine, not exceeding five hundred dollars.

purposes.

Penalty.

Ibid.

Solicitation, &c., to visit.

Penalty.

315. If any person shall, through solicitation, invitation or device, persuade or prevail on any person to visit any room, building, arbor, booth, shed or tenement, or other place kept for the purpose of the smoking of opium, or of using opium in any way or manner, such person shall be deemed guilty of a misdemeanor, and upon conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, not exceeding one year.

(t) The offence of obstructing process consists in refusing to give up possession, or in opposing or obstructing the execution of the writ, by threats of violence, which it is in the power of the party to enforce. United States v. Lowry, 2 W. C. C. 169. And if the defendant resist the execution of process for his arrest, by refusing to accompany the officer, it is not necessary to complete the offence, that he should use or threaten violence. United States v. Lukins, 3 Ibid. 335. Any obstruction to the free action of the

officer, or his lawful assistants, wilfully placed in his or their way, for the purpose of thus obstructing him or them, is sufficient. 2 Curt. C. C. 639. But barely remonstrating with an officer, or demanding his number, is not enough. Commonwealth v. Sheriff, 3 Brewst. 343.

(u) This embraces every legal process whatsoever. United States v. Lukins, 3 W. C. Č. 335. 2 Curt. C. C. 639. See United States v. Bright, Bright. 27-28. United States v. Buck, 8 Am. L. Reg. 540.

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