Altering marka

and brands.

Pravention of identifica.

Provies.

Servants, off

0626, &c.

Collectton of

maintain his action not only against the felon, but against any person in whose possession he may find the same.]

SEC. 46. Every person who shall mark or brand, alter or deface the mark or brand of any horse, colt, mare, jack, jennet, 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 the 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 five years; Provided, That no person shall be condemned to the penitentiary under this section, unless 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, burglary or robbery, shall not amount to five dollars, then the offender shall be punished by imprisonment in the county jail for a term not exceeding six months, or fined not exceeding one hundred dollars.

SEC. [46. Every servant, officer or person employed in any public department, station or office of the government in this territory, or any county of this territory, or in any office of a corporate body, who shall embezzle, steal, secrete or public moneys. fraudulently take, 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 two years.]

Refusal to pay evor &c.

SEC. 47. If any officer or person who now is, or hereafter may be, intrusted by law to collect, disburse, receive or safely keep any money or moneys, revenue or revenues, belonging to this territory, to the school fund of this territory, to the school fund of any county or township, to any county

in this territory, to any canal, turnpike or railroad 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, 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 for safe keeping, belonging to this territory, or 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 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 a 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 one hundred dollars, or 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.

Provieo.

Frundulent de

SEC. 48. Every person who shall fraudulently or maliciously tear, burn, efface, cut or in any other way destroy atructionof bonds any deed, lease, bond, will, or any other writing, sealed bank or other writings. 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 the United States, or any of them, for the payment of money, or any receipt, acquittance, release, defeasance, discharge of any debt, suit or other demand, or any transfer or assurance of money, stock, goods,

Removal boundaries.

Punishment.

of

Embezzling,

tute larceny.

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 the 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 one year, nor more than five years.

SEC. 49. Every who person shali knowingly, maliciously, fraudulently cut, fell, alter or remove any certain boundary tree, or other allowed landmark, 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.

SEC. 50. If any clerk, apprentice or servant, whether when to consti- bound or hired, to whom any money, bank bill or note, or goods or chattels, shall be intrusted or be delivered, by his 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 the 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, 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, every such person so offending shall be deemed guilty of 'arceny and punished accordingly.

Conversion by

baileo.

Lodgers.

SEC. 51. If any bailee by finding or otherwise of any money, bank bill, or note, or goods or chattels, shall convert the same to his or her own use with 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.

SEC. 52. If any lodger take away, with intent to steal, 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.

road signals &c.

SEC. 53. If any person shall willfully and maliciously Displacing alldisplace any switch, signal, or rail of any railroad, or shall break down, rip up, injure or destroy any railroad track, or railroad bridge, or any portion thereof, or shall place any obstruction whatever upon any such railroad track, or bridge, or switch, or shall place any false signal upon or in the vicinity of any railroad track with intent that any person or property being or passing upon or over such railroad track or bridge should be injured, delayed or hindered, every such person so offending, shall be punished by imprisonment in the penitentiary not less than one year and not excceding five years. And if in consequence of any such act done, with the intent aforesaid, any person or property shall in fact be injured, every such person so offending, shall be punished by imprisonment in the penitentiary not less than three years and not exceeding ten years; or if by reason of any such act done as aforesaid, with the intent aforesaid, any person is killed, or the life of any person is lost, every such person 80 offending shall be deemed guilty of murder.

TITLE. VI.

Forgery and Counterfeiting.

Forgery and

SEC. 54. Every person who shall falsely make, alter, forge or counterfeit any record or other authentic matter of counterfeiting. a public nature, or any charter, letters-patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond covenant, United States treasury note or United States bond, bank bill or note, post note, check or draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for property or money, 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, moneys, 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 handwriting 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 genuine, or cause to be uttered, published, passed, or attempt 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 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 Punishment. be punished by confinement in the penitentiary for a term not less than one year nor more than fourteen years.

Counterfeiting gold and silver coin.

SEC. 55. Every person who shall counterfeit any of the species of gold or silver coin now current, or that shall hereafter be current in this territory, or shall pass or give in payment, or offer to pass or give in payment, such counterfeit coin, or permit, cause or procure the same to be uttered or passed, with intent to defraud any person, body politic or corporate, knowing the same to be counter