restored.

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

same.

Grand and petit

§ 63. Every person who shall mark or brand, alter or de- Altering marks face the mark or brand of any horse, mare, colt, jack, jen- or brands. net, mule, or any one or more head of neat cattle, or sheep, goat, hog, shoat or pig, not his or her own property, but belonging to some other person, with intent thereby to steal the same, or to prevent identification thereof by the true owner, shall, on conviction thereof, be punished by confinement in the penitentiary for a term not less than one year, nor more than three years: Provided, That no person shall be condemned to the penitentiary, under this section, unless larceny. the value of the property affected shall amount to five dollars. And in case the value of the property affected by the offenses herein described, or by larceny, or by buying or receiving goods or other property obtained by larceny, robbery or burglary, shall not amount to five dollars, then the offender shall be punished by imprisonment in the county jail, for a term not exceeding three months, and fined not exceeding fifty dollars.

and corporate of

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

§ 65. If any officer or person who now is, or hereafter may be entrusted by law to collect, disburse, receive or safely keep any money or moneys, revenue or revenues, belonging to this territory, or any county of this territory, to the school fund of this territory, to the school fund of any county or precinct in this territory, to any canal, turnpike or rail road fund of this territory, or any county thereof, or to any fund for the improvement of any public road, river, creek or other water course, bordering on or within this territory, or to any other fund, now in being, or hereafter to be established by law for public purposes, and who shall fail or refuse to pay over all moneys, warrants, bills, notes

and orders, which any such officer or person shall receive for disbursement, and has not disbursed, or shall collect, or shall receive, or shall receive for safe keeping, belonging to this territory, to any county of this territory, or to any such fund as aforesaid, when such officer or person shall be thereto required by law, and demand duly made by the successor or successors of such officer or person in office, or by the officer or person to whom such moneys, warrants, bills, notes or orders, ought by law to be paid over, or by his or their attorney or agent duly authorized, in writing, signed and acknowledged, if such demand be practicable; every such officer or person shall, on conviction thereof, be punished by confinement in the penitentiary, for any term not less than one year, nor more than ten years: Provided, That no person shall be committed to the penitentiary, under this section, unless the money not paid over shall amount to five dollars, or if it appear that such failure or refusal shall be occasioned by unavoidable loss or accident. Every person convicted under the provisions of this section, shall forever thereafter be ineligible and disqualified from holding any office of honor or profit in this territory. § 66. Every person who shall fraudulently or maliciously defacing deeds, tear, burn, efface, cut, or in any other way destroy any deed, lease, bond, will, or any bank bill or note, check, warrant for the payment of money or other thing, or other security for the payment of money or the delivery of goods, or any certificate or other public security of this territory, or of the United States, or of any state or any other territory, for the payment of money, or any receipt, acquittance, release defeasance, discharge of any debt, suit or other demand of any transfer or assurance of money, stock, goods, chattels or other property, or any letter of attorney or other power, or any day book or other book of account, or any agreement or contract whatsoever, with intent to defraud, prejudice or injure any person or body corporate, shall, upon conviction thereof, be punished by confinement in the penitentiary, for a term not less than one year, nor more than five years.

Destroying or

etc.

Land marks.

Embezzlement

etc.

§ 67. Every person who shall knowingly, maliciously and fraudulently, cut, fell, alter or remove any certain boundary tree or other allowed land mark, to the wrong of his neighbor or any other person, shall, on conviction thereof, pay a fine not exceeding one hundred dollars, or be imprisoned in the county jail, for a term not exceeding three months.

§ 68. If any clerk, apprentice, or servant, whether bound 1. By servants, or hired, to whom any money, bank bill or note, or goods or chattels, shall be intrusted or delivered by his or her master or mistress, shall withdraw himself or herself from his or her master or mistress, and go away with the said money, bank bill or note, or goods or chattels, or any part

thereof, with intent to steal the same, and defraud his or her master or mistress thereof, contrary to the trust and confidence in him or her reposed by his or her said master or mistress, or being in the service of his or her said master or mistress, shall embezzle the said money, bank bill or note, goods or chattels, or any part thereof, or otherwise shall convert the same to his or her own use, with like purpose to steal the same, every such person so offending shall be deemed guilty of larceny, and be punished accordingly.

§ 69. If any bailee of any money, bank bill or note, or 2. By bailees. goods or chattels, shall convert the same to his or her own use, with an intent to steal the same, he shall be deemed guilty of larceny in the same manner as if the original taking had been felonious, and on conviction thereof, shall be punished accordingly.

§ 70. If any lodger shall take away, with intent to steal, 3. By lodgers. embezzle or purloin, any bedding, furniture, goods or chattels, which he or she is to use, in or with his or her lodging, he or she shall be deemed guilty of larceny, and on conviction shall be punished accordingly.

FORGERY AND COUNTERFEITING.

§ 71. Every person who shall falsely make, alter, forge Forgery. or counterfeit any record, or other authentic matter, of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, due bill, for the payment of money or property, receipt for money or property, power of attorney, any auditor's warrant for the payment of money at the treasury, county order, or any accountable receipt, or any order or warrant, or request for the payment of money or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing or acquittance, release or receipt for money or goods, or any acquittance, release or discharge for any debt, account, action, suit, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or indorsement of any bill of exchange, promissory note, draft or order, or assignment of any bond, writing obligatory or promissory note, for money or other property; or shall counterfeit or forge the seal or hand writing of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in, or belong to, this territory or not; or shall utter, publish, pass or attempt to pass, as true and

Counterfeiting

coin.

Having counter

session.

Uttering same.

genuine, or cause to be uttered, published, passed or attempted to be passed as true and genuine, any of the above named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged or counterfeited, with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in this territory or not; every person so offending, shall be deemed guilty of forgery, and upon conviction thereof, shall be punished by confinement in the penitentiary, for a term not. less than one year nor more than fourteen years.

§ 72. Every person who shall counterfeit any of the species of gold and silver coin now current, or that shall hereafter be current in this territory, or shall pass or give in payment, or offer to pay or give in payment, such counterfeited coin, or permit, caused or procured the same to be altered or passed, with intention to defraud any person, body politic or corporate, knowing the same to be counterfeited, shall be deemed guilty of counterfeiting, and being thereof duly convicted, shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than fourteen years.

§ 73. Every person who shall have in his or her possesfeit coin in pos- sion, or receive for any other person, any counterfeit gold or silver coin or coins, of the species now current, or hereafter to be current, in this territory, with intention to utter or pass the same, or to permit, cause or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeit, and being thereof duly convicted, shall be punished by confinement in the penitentiary, not less than one, nor more than fourteen years.

Having forged

in possession.

§ 74. Every person who shall have in his or her possesbank notes, etc., sion, or shall receive from any other person, any forged promissory note or notes, or bank bill, or bills for the payment of money, with intention to utter or pass the same, or to permit, cause or procure the same to be uttered or passed, with intention to defraud any person or persons, body corporate or politic, whether such person or persons, body corporate or politic, reside in, or belong to, this territory or not, knowing the same to be forged or counterfeited, or shall have or keep in his possession, any blank or unfinished note or bank bill, made in the form or similitude of any promissory note or bill for payment of money, made to be issued by any incorporated bank or banking company in this territory or elsewhere, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause or procure the same to be filled up and completed, in order to utter or pass the same, or to permit, or cause or

Unfinished bill, etc.

procure the same to be uttered or passed, to defraud any person or persons, body politic or corporate, whether in this territory or elsewhere, shall, upon conviction thereof, be punished by confinement in the penitentiary, for a term not less than one year, nor more than fourteen years.

$75. Every person who shall make, pass, utter or publish, Fictitious bills. with an intention to defraud any other person or persons, body politic or corporate, either in this territory or elsewhere, or with like intention, shall attempt to pass, utter or publish, or shall have in his or her possession, with like intent to pass, utter or publish, any fictitious bill, note or check, purporting to be the bill, note or check, or other instrument in writing for the payment of money or property of some bank, corporation, co-partnership or individual, when in fact there shall be no such bank, corporation, copartnership, or individual in existence, the said person, knowing the said bill, note, check or instrument of writing for the payment of money or property to be fictitious, shall be deemed guilty of the crime of forgery, and on conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one, nor more than fourteen years.

session dies, etc.,

§ 76. Every person who shall make, or knowingly have in Having in poshis possession, any die or dies, plate or plates, or any appa- used in forging ratus, paper, metal, machine or other thing whatever, made coin. use of in counterfeiting the coin now current, or hereafter to be current, in this territory, or in counterfeiting bank notes or bills, whether such bank be situate in this territory or not, upon conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than fourteen years; and all such dies, plates, apparatus, paper, metal or machines, intended for the purposes aforesaid, shall be destroyed.

§ 77. On the trial of any person for forging any bill or Evidence. note, purporting to be the bill or note of some incorporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any such forged bill or note, it shall not be necessary to prove the incorporation of any such bank or company by the charter or act of incorporation, but the same may be proved by general reputation.

§ 78. Persons of skill shall be competent witness to prove that such bill or note is forged or counterfeited.

§79. Every person who shall fraudulently forge, deface, Forging seals, corrupt or counterfeit the seal of this territory, or the seal etc. of any court or public officer, by law entitled to have and use a seal, and shall make use of the same, or shall forge or counterfeit the signature of any public officers, or shall unlawfully and corruptly, or with evil intent, affix any of the said true seals to any commission, deed, warrant,