which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise, or as security for any indebtedness, is punishable by imprisonment in a state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. See Laws of 1858, ch. 326, §§ 1, 2. bills of lading or issued in receipts, good faith, excepted. $685. No person can be convicted of an offense Erroneous under the last two sections by reason that the contents of any barrel, box, case, cask or other vessel or package mentioned in the bill of lading, receipt or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corresponded substantially with the marks, labels or brands upon the outside of such vessel or package, unless it appears that the accused knew that such marks, labels or brands were untrue. S636. Every person mentioned in sections 683 and 634, who issues any second or duplicate receipt or voucher, of a kind specified in those sections, at a time while any former receipt or voucher for the merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word "duplicate," in a plain and legible manner, is punishable by imprisonment in a state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. See Laws of 1858, ch. 326, § 3. The words "bill of lading" are not inserted in this section, as suggested by Laws of 1859, ch. 353, because by the settled commercial form of that instrument, a different mode of indicating that the parts of the bill are duplicates, is in use, and no advantage is anticipated from insisting on the word "duplicate." S687. Every person mentioned in sections 683 and Duplicate must be Dupli receipts marked cate. Selling, hypothecating or 684, who sells, hypothecates or pledges any merchan- pledging property received for transportation dise for which any bill of lading, receipt or voucher has been issued by him, without the consent in writing or storage. thereto of the person holding such bill, receipt or voucher, is punishable by imprisonment in a state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. Bill of lading or receipt issued by man. must be canceled on redeli very of the property. See Laws of 1858, ch. 326, § 4. S688. Every person mentioned in section 684, who delivers to another any merchandise for which any warehouse bill of lading, receipt or voucher has been issued, unless such receipt or voucher bore upon its face the words "not negotiable," plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of such delivery, or unless, in the case of a partial delivery, a memorandum thereof is indorsed upon such receipt or voucher, is punishable by imprisonment in a state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. Property demanded of law. See Laws of 1858, ch. 326, § 6; Laws of 1859, ch. 353. The latter seems to have been intended to amend the former by adding the words "bill of lading" to the words 'receipt or voucher," whenever they occur, and the word "forwarder" to the words "warehouseman, wharfinger, &c." The commissioners have inserted the words "bill of lading" in the sections in the text, wherever they are appropriate; but to insert the word "forwarder" is thought unnecessary in the present form of the provision, and in sorae of the sections unsuitable. $ 689. The last two sections do not apply where property is demanded by virtue of process of law. See Laws of 1858, ch. 326, § 8. CHAPTER XV. MALICIOUS INJURIES TO RAILROADS, BRIDGES AND TELEGRAPHS. HIGHWAYS, SECTION 690. Injuries to railroads. 691. Cases where death ensues. 692. Injuries to highways, private ways and bridges. 693. Injuries to toll houses and turnpike gates. 695. Injuring telegraph line, or intercepting message, a misde meanor. $690. Every person who maliciously either: 1. Removes, displaces, injures or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with any railroad; or, 2. Places any obstruction upon the rails or track of any railroad, or of any branch, branchway or turnout connected with any railroad, Is punishable by imprisonment in a state prison not exceeding four years, or in a county jail not less than six months. See 2 Rev. Stat., 689, § 21. Injuries to railroads. where ensues. $ 691. Whenever any offense specified in the last Cases section results in the death of any human being, the death offender is punishable by imprisonment in a state prison for not less than four years. highways, ways and S692. Every person who maliciously digs up, Injuries to removes, displaces, breaks or otherwise injures or private destroys any public highway or bridge, or any pri- bridges. vate way laid out by authority of law, or bridge upon such way, is guilty of felony. $ 693. Every person who maliciously injures or destroys any toll house or turnpike gate, is guilty of felony. See 2 Rev. Stat., 695, § 30. S694. Every person who removes or injures any mile board, mile stone or guide post, or any inscrip tion on such, erected upon any highway, is guilty of a misdemeanor. Injuries to and turn toll houses pike gates. Injuries to mile boards and guide posts. Rep. Pol. Code, § 518. Injuring telegraph line, or intercepting message, a misde meanor. $ 695. Every person who maliciously takes down, removes, injures or obstructs any line of telegraph or any part thereof, or appurtenance or apparatus therewith connected, or severs any wire thereof, or fraudulently intercepts any message in its passsge over such wire, is guilty of a misdemeanor. TITLE XVI. OF MALICIOUS MISCHIEF. SECTION 696. Malicious mischief, in general defined. 697. Specifications in following sections, not restrictive of last section. 698. Poisoning cattle. 699. Killing, maiming or torturing animals. 700. Instigating fights between animals. 701. Keeping houses, pits, &c., for fights between animals. 702. Wounding or trapping birds, or destroying bird's nests in cemeteries. 703. Burning buildings and other property not the subject of arson. 704. Breaking or injuring property in houses of worship. 705. Using gunpowder, &c., in destroying or injuring any build ing. 706. Endangering human life by placing gunpowder, &c., near building. 707. Malicious injuries to freeholds. 708. Injuries to standing crops, &c. 709. Removing, defacing or altering landmarks. 710. Interfering with piers, dams, &c. 711. Destroying or injuring dams, &c. 712. Removing or injuring piles used in sea or river embank. ments, &c. 713. Removing any beacon in New York harbor. 714. Masking or removing signal lights. 715. Injuring or destroying written instruments. 716. Destroying or delaying election returns. 717. Opening or publishing sealed letters. 718. Disclosing contents of telegraphic dispatch. 719. Concealing telegraphic dispatch. 720. Injuring works of art or improvements in any city or vil. lage. 721. Destroying works of literature or art, or objects of curiosity in public libraries, museums, &c. 722. Breaking or obstructing gas or water pipes or appurtenances. mischief, in general, $696. Every person who maliciously injures, de- Malicious faces or destroys any real or personal property not defined. his own, in cases other than such as are specified in the following sections, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he is liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property or public officer having charge thereof. See Rep. Pol. Code, 860. tions in $697. The specification of the acts enumerated in Specificathe following sections of this chapter, is not intended following to restrict or qualify the interpretation of the last tive of last section. sections, not restric section. cattle. $ 698. Every person who maliciously administers Poisoning any poison to any animal, the property of another, and every person who maliciously exposes any poisonous substance with intent that the same shall be taken by any such animal, is punishable by imprisonment in a state prison not exceeding three years, or in a county jail not exceeding one year, or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment. 2 Rev. Stat., 689, § 16. S699. Every person who maliciously kills, maims or wounds any animal, the property of another, or who maliciously and cruelly beats, tortures or injures any animal, whether belonging to himself or another, is guilty of a misdemeanor. 2 Rev. Stat., 695, § 26. Killing, maiming or torturing animals. fights between ani $700. Every person who maliciously, or for any Instigating bet, stake or reward, instigates, encourages or pro- mals. motes any fight between animals, or instigates or encourages any animal to attack, bite, wound or worry another, is guilty of a misdemeanor. $701. Every person who keeps any house, pit or Keeping other place to be used in permitting any fight between rights houses, for |