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between animals.

Wounding or trapping birds, or destroying birds' nests in ceme. teries.

Burning

buildings

property not the subject of

arson.

animals, or in any other violation of the last section, is guilty of a misdemeanor.

S702. Every person who, within any public cemetery or burying ground, wounds or traps any bird or destroys any bird's nest, or removes any eggs or young birds from any nest; and every person who buys or sells, or offers or keeps for sale, any bird which has been killed or trapped in violation of this section, is punishable by a fine of five dollars for each offense, recoverable by a civil action in any justice's court within the county where the offense is committed, brought in the name of any person making a complaint. Such fine shall be applied to the support of the poor of such county.

See Laws of 1853, ch. 629; Laws of 1855, ch. 564.

S 703. Every person who willfully burns any buildand other ing not the subject of arson, any stack of grain of any kind, or of hay, any growing or standing grain, grass, trees or fence, not the property of such person, is punishable by imprisonment in a state prison not exceeding four years and not less than one year, or by imprisonment in a county jail not exceeding one year.

Breaking or injuring property in

worship.

This species of offense is by the existing law denominated arson in the fourth degree. 2 Rev. Stat., 667, S 7, 8. The Commissioners have transferred it to this chapter for the reasons specified in the note to section 521, applying to it the punishment prescribed for arson in the fourth degree by Laws of 1862, ch. 197, § 9.

§ 704. Every person who willfully breaks, defaces or otherwise injures any house of worship, or any houses of part thereof, or any appurtenance thereto, or any book, furniture, ornament, musical instrument, article of silver or plated ware, or other chattel kept therein for use in connection with religious worship, is guilty of felony.

Using gun-
powder,
&c., in de-
stroying or

S705. Every person who maliciously, by the explosion of gunpowder or other explosive substance,

any build

destroys, throws down or injures the whole or any injuring part of any building, by means of which the life or ing. safety of any human being is endangered, is punishable by imprisonment in a state prison not exceeding ten years, and not less than three.

See Stat., 24th and 25th Vict., ch. 97, § 9.

§706. Every person who places in, upon, under, against or near to any building, any gunpowder or other explosive substance, with intent to destroy, throw down or injure the whole or any part thereof, under circumstances, that if such intent were accomplished, human life or safety would be endangered thereby, although no damage is done, is guilty of felony.

Ibid, § 20.

ing human ing gun

Endangerlife by plac

powder,

&c., near

building.

Malicious

$707. Every person who willfully commits any injuries to trespass, by either:

1. Cutting down or destroying any kind of wood or timber, standing or growing upon the lands of another; or,

2. Carrying away any kind of wood or timber that has been cut down, and is lying on such lands; or 3, Maliciously severing from the freehold any produce thereof, or anything attached thereto; or,

4. Digging, taking or carrying away from any lot situated within the bounds of any incorporated city, without the license of the owner, or legal occupant thereof, any earth, soil or stone, severed from the freehold at some previous time, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away were personal property; or,

5. Digging, taking or carrying away from any land in any of the cities of the state, laid down on the map or plan of said city as a street or avenue, or otherwise established or recognized as a street or

freeholds.

Injuries to standing crops, &c.

Removing, defacing or altering landmarks.

avenue, without the license of the mayor and common council or other governing body of such city, or of the owner of the fee thereof, any earth, soil or stone, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away were personal property; or,

6. Putting up, affixing, fastening, printing or painting, without authority of law, upon any real property belonging to the state, or to any city, town or village, or dedicated to the public, or upon any real property of any person, association or corporation, without license from the owner thereof, any notice, advertisement or designation of, or any name for any commodity, whether for sale or otherwise, or any picture, word, sign or device, intended to call attention thereto;

Is guilty of a misdemeanor.

Embraces such of the provisions of 2 Rev. Stat., 693, § 15, as amended Laws of 1851, ch. 182, as are not already covered by other sections of the Code. See section 596.

Subd. 6. This provision is rendered necessary by the practice, unfortunately, common, of affixing to any picturesque rock or point of land, some advertisement of a current nostrum, or other notice, without permission from any competent authority. This is now only a simple trespass; but it should be a misdemeanor.

S708. Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this Code, or by some of the statutes which it specifies as continuing in force, is guilty of a misdemeanor. See Stat., 24th and 25th Vict., ch. 97, §§ 23, 24.

S709. Every person who either:

1. Maliciously removes any monuments of stone, wood or other material, erected for the purpose of designating any point in the boundary of any lot or tract of land; or,

2. Maliciously defaces or alters the marks upon any tree, post or other monument, made for the purpose of designating any point, course or line in any such boundary; or,

3. Maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks,

Is guilty of a misdemeanor.

See 2 Rev. Stat., 695, § 32.

Interfering

S 710. Every person who, without authority of law, with piers, interferes with any pier, booms or dams, lawfully dams, &c. erected or maintained upon any waters within this state, or hoists any gate in or about said dams, is guilty of a misdemeanor.

Founded upon Laws of 1859, ch. 350, § 2, but made general. That act applies only to booms and dams in Salmon river.

or injuring

dams, &c.

S 711. Every person who maliciously destroys any Destroying dam or structure erected to create hydraulic power, or any embankment necessary for the support thereof, or maliciously makes, or causes to be made, any aperture in such dam or embankment, with intent to destroy the same, is guilty of a misdemeanor.

2 Rev. Stat., 695, § 31.

S 712. Every person who maliciously draws up or removes, or cuts or otherwise injures, any piles fixed

in the ground and used for securing any sea bank or sea walls, or the bank or dam of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, harbor, dock, quay, jetty or lock, is punishable by imprisonment in a state prison not exceeding five years and not less than two, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

See Stat., 24th and 15th Vict., ch. 97, § 31.

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Removing any beacon

in New

S713. Every person who willfully removes any

York har buoy or beacon placed in the harbor of New York by

bor.

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the United States light house board, or any other lawful authority, is guilty of a misdemeanor.

Rep. Pol. Code, § 381.

S 714. Every person who unlawfully masks, alters or removes any light or signal, or willfully exhibits any false light or signal, with intent to bring any vessel into danger, is punishable by imprisonment in a state prison not exceeding ten years, and not less than three.

See Stat., 24th and 25th Vict., ch. 97, § 47.

S715. Every person who maliciously mutilates, tears, defaces, obliterates or destroys any written instrument being the property of another, the false making of which would be forgery, is punishable in the same manner as the forgery of such instrument is made punishable.

See Nixon's Dig. Laws of N. J., 188, § 69.

$ 716. Every messenger appointed by authority of law to receive and carry any report, certificate or certified copy of any statement relating to the result of any election, who willfully mutilates, tears, defaces, obliterates or destroys the same, or does any other act which prevents the delivery of it as required by law; and every person who takes away from such messenger any such report, certificate or certified copy, with intent to prevent its delivery, or who willfully does any injury or other act such as is above specified, is punishable by imprisonment in a state prison not exceeding five years, and not less than two. See Laws of 1842, ch. 130, tit. vi., § 18.

S 717. Every person who willfully opens or reads, or causes to be read any sealed letter not addressed to himself, without being authorized so to do, either by the writer of such letter, or by the person to whom

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