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of another, under the value of fifty dollars, shall be deemed guilty of petit larceny, and, upon conviction thereof, shall be punished by imprisonment in the county jail not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.

Sec. 74. That every person who shall feloniously steal, take, and carry, lead, or drive away any dog, either of the male or female kind, belonging to another, shall be deemed guilty of petit larceny, and, upon conviction thereof, shall be punished by imprisonment in the county jail not more than three months, or by a fine not exceeding one hundred dollars, or by both such fine and imprisonment. In any judgment rendered for a fine only, the judgment shall provide that unless the same be paid the defendant shall be imprisoned in the county jail, at the rate of one day for every two dollars of the fine.

Sec. 75. Bonds, promissory notes, bank notes, bills of ex· change, or other bills, orders, drafts, checks, receipts, or certificates, or warrants for or concerning money, goods, or property, due or to become due or to be delivered, or any public security issued by the United States or by this territory, and any deed or writing containing a conveyance of land or valuable contract in force, or any release or defeasance, or any other instrument whatever, shall be considered personal goods of which larceny may be committed, and the money due thereon, or secured thereby, and remaining unsatisfied, or which, in any event or contingency, might be collected thereon, or the value of the property transferred or effected thereby, as the case may be, shall be deemed the value of the property stolen.

Sec. 76. Every person who, for his own gain, or to prevent the owner from again possessing his property, shall buy or receive stolen goods, or any kind of property, the stealing of which is declared to be larceny, of the value of fifty dollars or more, or property obtained by robbery, burglary, or embezzlement, of such value, knowing the same to have been so obtained, shall, upon conviction thereof, be punished by imprisonment in the territorial prison for a term not less than one year, nor more than five years, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. If the value of the goods thus bought or received be of the value of less than fifty dollars, the offender, upon conviction, shall be punished by imprisonment in the county jail not exceeding three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment; and every such person may be tried, convicted, and punished before or after the trial of the principal.

Sec. 77. Every person bringing any goods or property into this territory, taken by himself, or which he knew was taken by another, in another territory or state, by robbery, burglary, em

bezzlement, or larceny, shall, upon reasonable cause being shown to a magistrate to induce him to believe that the accused has brought such goods or property into this territory, taken in either of the ways aforesaid in another territory or state, be committed to the county jail, to await a requisition from the governor of the territory or state whence such goods or property were brought, as aforesaid, into this territory: Provided, That such person shall not be detained in such custody longer than a period of eight weeks. Sec. 78. Every person who shall mark, brand, alter, or deface the mark or brand of any horse, mare, colt, jack, jennet, mule, or any one or more head of neat cattle or sheep, goats, hogs, shoats, or pigs, not his or her own property, but belonging to some other person, or cause the same to be done, with the intent thereby to steal the same, or to prevent identification thereof by the owner, shall, upon conviction thereof, be punished by imprisonment in the territorial prison for a term not less than six months, nor more than five years.

Sec. 79. Every servant, officer, or person employed in any public department, station, or office of the government of this territory, or any county of this territory, or in any office of a corporate body, who shall embezzle, steal, secrete, or fraudulently take or carry away any money, goods, chattels, effects, books, or book of record or of account, bond or bonds, promissory note or notes, bank bill 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 thereof, be punished by imprisonment in the territorial prison for a period of time not less than one year, nor more than ten years.

Sec. 80. If any officer who now is or hereafter may be intrusted by law to collect, disburse, or 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 of 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 or roads, river, creek, or other water course, bordering on or within this territory, or to any other fund now 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 officers or persons shall receive for disbursement, and has not disbursed, or shall collect, 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 thereto be 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 money, 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 therefor, be punished by imprisonment in a territorial prison for a term not less than two years, nor more than five years: Provided, That no person shall be imprisoned in the territorial prison under this section, unless the money not paid over shall amount to more than one hundred dollars, or if it appear that such failure or refusal shall be occasioned by unavoidable accident or loss. Every person convicted under the provisions of this section shall forever thereafter be disqualified from holding any office of honor, trust, or profit in this territory.

Sec. 81. That if any officer of the territory, or of any county, city, or town in this territory, charged with the safe keeping, transfer, or disbursement of public moneys, shall convert to his own use, in any way whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan, with or without interest, any portion of the public moneys, bonds, or other evidences of indebtedness of the territory, intrusted to him for safe keeping, transfer, or disbursement, or any other purpose, every such act shall be deemed and adjudged to be embezzlement of so much of such moneys as shall be thus taken, converted, invested, used, or loaned, which is hereby declared to be felony; and the neglect or refusal to pay over on demand any public moneys in his hands, upon the presentation of a draft or order or warrant, drawn upon him by the proper officer, or any officer authorized by law, and signed by such officer, or to transfer or disburse any such moneys promptly, according to law, on the legal requirement of any officer authorized to make such requirement, shall be prima facie evidence of such conversion to his own use of the public moneys that may be in his hands. All persons advising, or knowingly or wilfully participating in such embezzlement, shall, upon conviction, receive the same punishment as the principal offender, and may be tried, convicted, and punished before the original or principal offender shall have been apprehended. All persons offending against the provisions of this section shall, upon conviction, be punished by imprisonment in the territorial prison for a term not less than two nor more than ten years, and adjudged, at the discretion of the court, to pay a fine equal to the amount embezzled.

Sec. 82. Every person who shall fraudulently or maliciously tear, burn, efface, cut, or in any way destroy any debt, lease, bond, will, or any other writing sealed, or any bank bill or note, check, warrant, or certificate for the payment of money or other thing, or the delivery of goods, or any certificate or other public security of this territory, or of the United States, or any state or territory, for the payment of money, or any receipt, acquittance, release

or defeasance, discharge of any debt, suit, or other demand, or any transfer or assurance of money, stock, goods, chattels, or other property, or any letter of attorney, or other power, or any daybook, 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 imprisonment in the territorial prison for a term not less than one year, nor more than five years.

Sec. 83. Every person who shall wilfully or maliciously remove any monument of stone, wood, or other durable material, erected for designating the corner, or other point, or any post or stake fixed or driven into the ground for the purpose of designating a point in a boundary of any lot or tract of land, or alter the marks on any tree, post, or other monument, made for the purpose of designating any point, course, or line in the boundary of any lot or tract of land, or shall cut down or remove any tree upon which any such marks shall be made for such purpose, with the intent to destroy such marks, shall, upon conviction, be adjudged guilty of a misdemeanor, and punished by a fine not less than one hundred nor more than two thousand dollars, or by imprisonment in the county jail for a term not less than one month, nor more than one year.

Sec. 84. If any clerk, apprentice, or servant, or any other person, whether bound or hired, to whom any money or goods or chattels or other property shall be entrusted by his master or employer, shall withdraw himself from his master or employer, and go away with the money, goods, chattels, or other property, or any part thereof, with intent to steal the same and defraud his master or employer thereof, contrary to the trust and confidence in him reposed by his said master or employer, or being in the service of his said master or employer shall embezzle the said money, goods, or chattels or property, or any part thereof, or otherwise shall convert the same to his own use, with like purpose to steal the same, every person so offending shall be punished in the manner prescribed by law for feloniously stealing property of the value of the articles so taken, embezzled, or converted.

Sec. 85. If any bailee of any money, goods, or property shall convert the same to his own use, with intent to steal the same, he shall be guilty of grand or petit larceny, according to the amount of the money or value of the goods, chattels, or property so converted, in the same manner as if the original taking had been felonious, and, on conviction thereof, shall be punished accordingly.

Sec. 86. If any lodger shall take away, with intent to steal, embezzle, or purloin, any bedding, furniture, goods, or chattels, which he is to use in or with his lodging, he shall be deemed to be guilty of grand or petit larceny, according to the value of the

property so taken, and, on conviction, shall be punished accordingly.

Sec. 87. Every drover or other person or persons who shall drive off, or who shall knowingly or willingly suffer or permit to be driven off, from the premises of any resident of this territory, or from the range on which the stock of any such resident usually use and run, any horses, mules, neat cattle, hogs, sheep, or any other stock belonging to any such resident, with his herd or drove, shall (be) deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment in the county jail not to exceed one month, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment. All moneys collected under the provisions of this section shall be paid into the school fund of the county in which the offence is committed.

CHAPTER VII.

FORGERY AND COUNTERFEITING.

Sec. 88. Forgery—what is.

Sec. 89. Counterfeiting-what deemed.

Sec. 90. Of any person having in possession counterfeit money, with intention to pass same.

Sec. 91. Of person counterfeiting private stamps.

Sec. 92.

Sec. 93.

Of person knowingly selling goods with forged or counterfeit stamps thereon.

Of person having in possession or receiving forged promissory note, etc., with intent to pass same. Sec. 94. As to person having in possession or making check, etc., on corporation not in existence with intent to pass

same.

Sec. 95. Of person with evil intent making or having in possession dies or plates used in counterfeiting.

Of proof of corporation on trial for forgery.

Sec. 96.

Sec. 97.

Experts competent witnesses.

Sec. 98.

bul

As to counterfeiting seal of territory or of any court. Sec. 99. As to counterfeiting gold dust, bullion, etc. Sec. 100. Person having in possession counterfeit gold dust, lion, etc., knowing same to be counterfeit, with intent to pass same.

Section 88. Every person who shall falsely make, alter, forge, or counterfeit any record or other authentic matter of a public nature or character, letters-patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond covenant, bank

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