X. Buying or receiving stolen XXIV. Embezzlement by county treas goods, chattels, etc. XI. Treasurers of city, county, township, etc., who shall XII. Receiving or buying from mi urer. XXV. Embezzlement by bank officers and employés of banks, issuing notes and drawing drafts without authority, etc. XXVI. Embezzlement by a member of the National Guard. nors and others, scrap-iron, XXVII. Embezzlement by directors, brass, lead, copper, etc., how XIII. Cheating by false pretences. XIV. Defrauding and cheating board- XXVIII. ing-house and innkeepers, etc., by false show of bag- officers, or agents of fire, marine, life, trust, annuity, etc., companies. Embezzlement by officers and employés of banks and other corporations. XXIX. Keeping fraudulent accounts, by which means an officer (460) or employé of any corporation, or member of a body corporate, or municipal corporation, possesses himself of money or other property unlawfully, how punished. XXX. Destroying or mutilating books of a corporation. XXXI. False statements by officers or members of corporations, with intent to deceive, etc. XXXII. Embezzlement by officers, agents, etc., of foreign and domestic insurance companies. XXXIII. Fraudulent issue and utter ing of railroad tickets, and failing to cancel the same, how punished, etc. XXXIV. To prevent and punish the rehypothecation of stocks, bonds, or other securities pledged for money lent or borrowed. XXXV. Purchasers of property upon which there is a chattel mortgage, must be informed by owner. XXXVI. Penalty for cheating by concealing heavier sub stances in baled hay straw or similar articles. XXXVII. Conspiring to indict. XXXVIII. Conspiracy to defraud or XLII. Fraudulent insolvency. XLIII. Colluding with an insolvent for concealment of his effects. XLIV. Receiving money on deposit fraudulently. XLV. Penalty for not writing on the face of a promissory note given in whole or part for a patent-right, the words: "Given for a patent-right." XLVI. Penalty for removing shingles, lumber, logs, etc., adrift, from the Schuylkill River. XLVII. Penalty for secreting or ap propriating lumber adrift in the Delaware River or lodged on any island or shore. XLVIII. Fraudulent and wilful use of registered marks on lumber in the Susquehanna or Lehigh rivers, or fraudulent claiming of lumber, or refusal to surrender another's logs duly stamped or marked, or defacement of marks on lumber, or sale or purchase thereof, or consumption of, how punished. XLIX. Penalty for defacing owner's marks on lumber in McKean County, floating on the Allegheny River and its tributaries, and fraudulent use of such marks, and for falsely claiming to own any lumber, etc. I. ROBBERY, BEING ARMED WITH AN OFFENSIVE WEAPON. Act 31 March, 1860, Sec. 100, P. L., 408.-If any person, being armed with an offensive weapon or instrument, shall rob, or assault, with intent to rob another, or shall, together with one or more person or persons, rob, or assault, with intent to rob, or shall rob any person, and at the same time, or immediately before or immediately after such robbery, beat, strike or ill-use any person, or do violence to such person, the person so offending shall be guilty of felony, and, being thereof convicted, shall be sentenced to pay a fine not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding ten years. II. ROBBERY, BY THREATS TO ACCUSE OF INFAMOUS CRIME, Act 31 March, 1860, Sec. 101, P. L., 408.-If any one shall accuse any person of the abominable crime of sodomy or buggery, committed either with man or beast, or of any assault, with intent to commit such abominable crime, or any attempt or endeavor to commit the same, or of making or offering any solicitation, persuasion, promise or threat to any person, whereby to move or induce such person to commit, or permit such abominable crime, with a view and intent, in any of the cases aforesaid, to extort or gain from such person, and shall, by intimidating such person by such accusation or threat, extort or gain from such person any money or property, the person so offending shall be deemed guilty of felony, and, being thereof convicted, shall be sentenced to pay a fine not exceeding one thousand dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding ten years. III. ROBBERY, STEALING FROM THE PERSON AND MENACES. Act 31 March, 1860, Sec. 102, P. L., 408.-If any person shall rob another, or shall steal any property from the person of another, or shall assault any person with intent to rob him, or shall, by menaces or by force, demand any property of another, with intent to steal the same, such person shall be guilty of felony, and, being convicted thereof, shall be sentenced to pay a fine not exceeding one thousand dollars, and to undergo an imprisonment, by separate or solitary confinement, not exceeding five years. Commonwealth v. Boyer, 1807,1 Binney, 204.-" An indictment for stealing two ten-dollar notes of the President, Directors and Company of the Bank United States, etc., is bad. They should be laid to be promissory notes for the payment of money. Quare. Whether an indictment is bad for laying bank notes as the goods and chattels of the prosecutor." Commonwealth v. Snelling, 1812, 4 Binney, 383.-" To constitute robbery, there must be a felonious taking of property from the person of another by force, either actual or constructive; but if force be used, it is not essential that the prosecutor should be either aware or afraid of the taking. "Hence, where the prisoner took the prosecutor by the cravat, with an intention to steal his watch, and also pressed his breast against the prosecutor's and held him against a wall, during which time he took the prosecutor's watch from his fob, without his knowledge, and without his suspecting any intention of felony, this was held to be robbery." Acker v. Commonwealth, 1880, 94 Penna., 286.—"It is not necessary that all the circumstances which enter into the definition of robbery at common law should be particularly averred in the indictment. The word rob, which is used ex vi termini, includes all those circumstances, and it sufficiently appears that a taking from the person of the prosecutor and against his will, that being the legal definition of robbery, was substantially charged in the indictment." IV. PENALTY FOR USING FORCE, FRAUD, OR THREATS, OR SEIZING, GAGGING, ETC., ANY PERSON TO COMPEL HIM OR HER TO DISCLOSE A LOCK COMBINATION OR THE MEANS OF OPENING A VAULT OR SAFE, OR TO COMPEL THE SURRENDER OF A KEY, OR ADMINISTER ANY DRUG IN FURTHERANCE OF ANY ATTEMPT TO STEAL MONEY OR SECURITIES. Act 8 May, 1876, Sec. 1, P. L., 139.—If any person shall, by fraud, force, threats or menaces, or by seizing, gagging or tying, compel or attempt to compel, another to surrender the key or other appliance, or to divulge the combination, secret or other means used to open, any bank, vault, safe or other depository of money, securities or property, or if any person shall administer, or attempt to administer, to another, any stupefying or overpowering drug, matter or thing, for the purpose of enabling such offender to obtain such key or other appliance, with intent, in any of the cases aforesaid, to steal such money, securities or property, or any portion thereof, every such offender shall be guilty of a felony, and, being thereof convicted, shall be sentenced to pay a fine not exceeding ten thousand dollars, and to undergo an imprisonment at hard labor, not exceeding twenty years. V. LARCENY. Act 31 March, 1860, Sec. 103, P. L., 408.—If any person shall be guilty of larceny, he shall, on conviction, be deemed guilty of felony, and be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding three years. Act 31 March, 1860, Sec. 104, P. L., 408.-If any person shall steal any bank bill, note, draft or check, of, or on any bank, or any bill of exchange, order, warrant, draft, bill or promissory note, for the payment of money, or any certificate or security whatsoever, entitling or evidencing the title of any person or body corporate, to any share, portion or interest in any public debt or security, or fund, either of this Commonwealth or of the United States, or of any of the States thereof, or of any foreign State, or to any interest in any stock, fund or debt of any body corporate, company or society, or to any deposit in any saving bank or company, being the property of another person, or any corporation, association or society, notwithstanding the said enumerated particulars are, or may be deemed in law, choses in action, such person shall be deemed guilty of larceny, and punished as is provided in the preceding section; and any person who shall steal any letters patent, charter, testament, will or deed, whether indented or poll covenant, assurance, lease, indenture, contract, letter of attorney, or other power or instrument of writing, respecting any property, real or personal, or any release, acquittance, voucher, receipt, receipt book, letter book, waste book, day book, journal, ledger, or other book of accounts belonging to another, every person so offending shall, on conviction, be adjudged guilty of larceny, and be sentenced to pay a fine not exceeding five hundred dollars, or to undergo an imprisonment, by separate or solitary confinement, not exceeding two years, or either, or both, at the discretion of the court. See Hutchinson and Batchelder v. Commonwealth, Title G, p. 472. |