2. Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him, or 3. Fraudulently alters, falsifies, conceals, destroys or obliterates any such account; or 4. Willfully omits or refuses to pay over to the people of this state or their officer or agent authorized by law to receive the same, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officers when it is his duty imposed by law to pay over, or account for, the same; Is guilty of felony. violations of law. § 471. An officer or other person mentioned in the last other section who willfully disobeys any provision of law regu lating his official conduct, in cases other than those specified in that section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding two years, or both. priation, county § 172. A county treasurer, who willfully misappropriates Misapproany moneys, funds or securities, received by or deposited &c., by with him as such treasurer, or who is guilty of any other treasurer. malfeasance or willful neglect of duty in his office, is punishable by a fine not less than five hundred dollars nor more than ten thousand dollars, or by imprisonment in a state prison not less than one year or more than five years, or by both such fine and imprisonment. thorized to § 473. A public officer, who is authorized to sell or lease Officer auany property, or to make any contract in his official capacity, make any or to take part in making any such sale, lease or contract, or conwho voluntarily becomes interested individually in such becoming sale, lease or contract, directly or indirectly, is guilty of a under it. misdemeanor. tract, interested clerks § 474. A county clerk who willfully omits to publish County any statement required by law, within the time prescribed, omitting is guilty of a misdemeanor, punishable by a fine of one statement hundred dollars, or imprisonment for six months, or both. by law. required Obstructing officer $475. A person who willfully obstructs or hinders a public officer from collecting any revenue, taxes or other in collect ing reve nue. Delivering false bill of sum of money in which, or in any part of which the people of this state are directly or indirectly interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor. § 476. A person whose duty it is to deliver to any collading to lector of tolls upon any of the canals belonging to this collector. state, a bill of lading of any property transported upon canal Weigh master false entry of weight of canal boat. such canal, who delivers a false bill of lading as true, or makes or signs a false bill of lading, intending it to be delivered as true, knowing such bill to be false, is punishable by imprisonment in a state prison not exceeding two years, or by a fine not exceeding three times the value of the property omitted in such bill, or both. § 477. A weighmaster upon any of the canals belonging making to this state, and a clerk of such weighmaster, who makes a false entry of the weight of any boat, or cargo of any boat, navigating such canal, or who makes a false certificate of the light weight of any boat, knowing such entry or certificate to be false, is guilty of a misdemeanor. Canal offi cer con cealing frauds upon the revenue. Willful injuries to § 478. A public officer or agent employed by the people of this state in relation to the canals belonging to this state, who knows, or has good reason to believe that any fraud upon the revenues of the canals has been committed or attempted, and who omits to disclose the same, and enforce the penalties therefor, if within his power, is guilty of a misdemeanor. § 479. A person who, without authority of law, willfully the canals. inflicts an injury upon any of the canals belonging to this state, or disturbs or injures any of the boats, locks, bridges, buildings, machinery or other works or erections connected with any such canal, and in which the people of this state have an interest, is guilty of felony. Drawing off water from canals. § 480. A person who draws water from any canal in this state, or from a feeder or reservoir of any canal, during the season of navigation of the canal, and to the detriment or injury of the navigation thereof, without authority of law, is punishable by imprisonment in a county jail not less than one year, and by a fine not less than one thousand dollars. canal off cer accept to allow water to be from § 481. A public officer or agent employed by the people of this state in relation to the canals belonging to the state, ing bribe or a contractor for canal repairs, or person having charge ran off of any canal, or any part thereof, or of any lock, waste canals. weir, feeder or other work belonging thereto, or being employed thereon, who asks, or accepts or promises to accept any bribe as an inducement to permit water to be drawn from a canal, feeder or reservoir in violation of the last section; and a person who gives, or offers or promises to give to any officer or person above mentioned, any bribe as an inducement to him to permit water to be drawn from any canal, feeder or reservoir in violation of this sec. tion, is guilty of a misdemeanor. lent appro lost treas § 482. A person who fraudulently conceals or appropri- Fraudu ates to his own use any lost treasure or any waived prop- priation of erty belonging to this state by virtue of its sovereignty, is ure, or guilty of a misdemeanor. property. the salt § 483. A person who willfully burns, destroys, or injures Injuries to any salt manufactory connected with the Onondaga salt works. springs, or any building appurtenant to such manufactory or any part of such manufactory, or any of the buildings, reservoirs, pumps, conductors or water conduits, belonging to this state, used in the raising of salt water for the manufacture of salt, without authority of law, is punishable by imprisonment in a state prison not exceeding five years. military longing to § 484. A person who enters any fort, magazine, arsenal, seizing armory, arsenal yard or encampment, and seizes or takes stores beaway any arms, ammunition, military stores or supplies be- the state. longing to the people of this state; and a person who enters any such place with intent so to do, is punishable by imprisonment in a state prison not exceeding ten years. Making false statement in to taxes. § 485. A person, who, in making any statement, oral or reference written, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully makes, as to any material matter, any statement which he knows to be false, is guilty of a misdemeanor. CHAPTER I. Arson. TITLE XV. OF CRIMES AGAINST PROPERTY. II. Burglary and housebreaking. III. Forgery and counterfeiting. IV. Larceny, including embezzlement. V. Extortion. VI. False personation, and cheats. VII. Fraudulently fitting out and destroying ships and vessels. VIII. Fraudulent destruction of property insured. IX. False weights and measures. X. Fraudulent insolvencies by individuals. XI. Fraudulent insolvencies by corporations, and other frauds in their XII. Frauds in the sale of passage tickets. XIII. Frauds relative to documents of title to merchandise. XIV. Malicious mischief. CHAPTER I. ARSON. Arson in first degree SECTION 486. Arson in first degree defined. 487. Id.; in second degree. 488. Id.; in third degree. 489. Arson, how punished. 490. Intent to destroy building requisite. 491. Contiguous buildings. 492. "Night time," defined. 493. "Building," defined. 494. "Inhabited building," defined. 495. Ownership of building. § 486. A person who willfully burns, or sets on fire, in defined. the night time, either 1. A dwelling-house in which there is, at the time, a human being; or 2. A car, vessel, or other vehicle, or a structure or building other than a dwelling-house, wherein, to the knowledge of the offender, there is, at the time, a human being; Is guilty of arson in the first degree. § 487. A person who, Id.; in second 1. Commits an act of burning in the day time, which, if degree. committed in the night time, would be arson in the first degree; or 2. Willfully burns, or sets on fire, in the night time, a dwelling-house wherein, at the time there is no human being; or 3. Willfully burns, or sets on fire, in the night time, a building not inhabited, but adjoining or within the curtilage of an inhabited building, in which there is, at the time, a human being, so that the inhabited building is endangered, even though it is not in fact injured by the burning; or 4. Willfully burns, or sets on fire, in the night time, a car, vessel, or other vehicle, or a structure or building, ordinarily occupied at night by a human being, although no person is within it at the time; Is guilty of arson in the second degree. third § 488. A person who willfully burns, or sets on fire, either Id.; in 1. A vessel, car, or other vehicle, or a building, struct. degree. ure, or other erection, which is at the time insured against loss or damage by fire, with intent to prejudice the insurer thereof; or 2. A vessel, car, or other vehicle, or a building, structure, or other erection, under circumstances not amounting to arson in the first or second degree; Is guilty of arson in the third degree. § 489. Arson is punishable as follows: 1. In the first degree, by imprisonment for not less than Arson, how ten years. punished. |