received by him as such officers when it is his duty imposed by law to pay over, or account for, the same;

Is guilty of felony.

§ 471. Other violations of law. An officer or other person mentioned in the last section who willfully disobeys any provision of law regulating his official conduct, in cases other than those specified in that section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding two years, or both.

§ 472. Misappropriation, etc., by county treasurer. A county treasurer who willfully misappropriates any moneys, funds or securities, received by or deposited with him as such treasurer, or who is guilty of any other malfeasance or willful neglect of duty in his office, is punishable by a fine not less than five hundred dollars nor more than ten thousand dollars, or by imprisonment in a state prison not less than one year or more than five years, or by both such fine and imprisonment.

? 473. [am'd 1890.] Officials not to be interested in contracts, etc.-A public officer or school officer, who is authorized to sell or lease any property, or to make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily becomes interested individually in such sale, lease or contract, directly or indirectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or approval by the superintendent of public instruction, is guilty of a misdemeanor.

474. County clerks omitting to publish statements required by law. A county clerk who willfully omits to publish any statement required by law, within the time prescribed, is guilty of a misdemeanor, punishable by a fine of one hundred dollars, or imprisonment for six months, or both.

475. Obstructing officer in collecting revenue. A person who willfully obstructs or hinders a public officer from collecting any revenue, taxes or other sum of money in which, or in any part of which the people of this state are directly or indirectly interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor.

§ 476. Delivering false bill of lading to canal collector. A person whose duty it is to deliver to any collector of tolls upon any of the canals belonging to this state, a bill of lading of any property transported upon such canal, who delivers a false bill of lading as true, or makes or signs a false bill of lading, intending it to be deliv

ered as true, knowing such bill to be false, is punishable by imprisonment in a state prison not exceeding two years, or by a fine not exceeding three times the value of the property omitted in such bill, or both

1 R. S. 692, §§ 293-297.

boat.

$477. Weighmaster making false entry of weight of canal A weighmaster upon any of the canals belonging to this state, and a clerk of such weighmaster, who makes a false entry of the weight of any boat, or cargo of any boat, navigating such canal, or who makes a false certificate of the light weight of any boat, knowing such entry or certificate to be false, is guilty of a misdemeanor.

A

478. Canal officer concealing frauds upon the revenue. public officer or agent employed by the people of this state in relation to the canals belonging to this state, who knows, or has good reason to believe that any fraud upon the revenues of the canals has been committed or attempted, and who omits to disclose the same, and enforce the penalties therefor, if within his power, is guilty of a misdemeanor.

8 479. Willful injuries to the canals. A person who, without authority of law, willfully inflicts an injury upon any of the canals belonging to this state, or disturbs or injures any of the boats, locks, bridges, buildings, machinery or other works or erections connected with any such canal, and in which the people of this state have an interest, is guilty of felony.

1 R. S. 700, §§ 366-369.

480. Drawing off water from canals. A person who draws water from any canal in this state, or from a feeder or reservoir of any canal, during the season of navigation of the canal, and to the detriment or injury of the navigation thereof, without authority of law is punishable by imprisonment in a county jail not less than one year, and by a fine not less than one thousand dollars.

3 R. S. 685, § 252.

§ 481. Canal officer acceptin ̧ bribe to allow water to be drawn off from canals. A public officer or agent employed by the people of this state in relation to the canals belonging to the state, or a contractor for canal repairs, or person having charge of any canal, or any part thereof, or of any lock, waste weir, feeder or other work belonging thereto, or being employed thereon, who asks, or accepts or promises to accept any bribe as an inducement to permit water to be drawn from a canal, feeder or reservoir in violation of the last section; and a person who gives, or offers or promises to give to any officer or person above mentioned, any bribe as an inducement to him

to permit water to be drawn from any canal, feeder or reservoir i violation of this section, is guilty of a misdemeanor.

1 R. S. 699, § 359.

§ 482. Fraudulent appropriation of lost treasure, or waived property. A person who fraudulently conceals or appropriates to his own use any lost treasure or any waived property belonging to this state by virtue of its sovereignty, is guilty of a misdemeanor.

§ 483. Injuries to the salt works. A person who willfully burns, destroys, or injures any salt manufactory connected with the Onondaga salt springs, or any building appurtenant to such manufactory or any part of such manufactory, or any of the buildings, reservoirs, pumps, conductors or water conduits, belonging to this state, used in the raising of salt water for the manufacture of salt, without authority of law, is punishable by imprisonment in a state prison not exceeding five years.

§ 484. Seizing military stores belonging to the state. A person who enters any fort, magazine, arsenal, armory, arsenal yard or encampment, and seizes or takes away any arms, ammunition, military stores or supplies belonging to the people of this state; and a person who enters any such place with intent so to do, is punishable by imprisonment in a state prison not exceeding ten years.

3 R. S. 979, § 74.

§ 485. Making false statement in reference to taxes. A person, who, in making any statement, oral or written, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully makes, as to any material matter, any statement which he knows to be false, is guilty of a misdemeanor.

§ 485a. [added 1893.] School district trustee not to draw draft on supervisor in certain cases. A school district trustee who issues an order or draws a draft on supervisor or collector for any money, unless there is at the time sufficient money in the hands of such supervisor or collector belonging to the district to meet such order or draft, is guilty of a misdemeanor.

VI. False personation, and cheats.

VII. Fraudulently fitting out and destroying ships and vessels.

VIII. Fraudulent destruction of property insured.

IX. False weights and measures.

X. Fraudulent insolvencies by individuals.

Fraudulent insolvencies by corporations, and other frauds in their

XI.

XIII. Frands relative to documents of title to merchandise.

486. Arson in first degree defined. A person who willfully burns, or sets on fire, in the night time, either

1. A dwelling-house in which there is, at the time, a human being; or

2. A car, vessel, or other vehicle, or a structure or building other than a dwelling-house, wherein, to the knowledge of the offender, there is, at the time, a human being;

Is guilty of arson in the first degree.

3 R. S. 929, § 9.

§ 487. Id.; in second deree. A person who,

1. Commits an act of burning in the day time, which, if committed in the night time, would be arson in the first degree;

2. Willfully burns, or sets on fire, in the night time, a dwelling. house, wherein, at the time, there is no human being; or

3. Willfully burns, or sets on fire, in the night time, a building not inhabited, but adjoining or within the curtilage of an inhabited building, in which there is, at the time, a human being, so that the inhabited building is endangered, even though it is not in fact injured by the burning; or

4. Willfully burns, or sets on fire, in the night time, a car, vessel, or other vehicle, or a structure or building, ordinarily occupied at night by a human being, although no person is within it at the time; Is guilty of arson in the second degree,

3 R. S. 939, § 2.

§ 488. Id.; in third degree. A person who willfully burns, or sets on fire, either

1. A vessel, car, or other vehicle, or a building, structure, or other erection, which is, at the time, insured against loss or damage by fire, with intent to prejudice the insurer thereof; or

2. A vessel, car, or other vehicle, or a building, structure, or other erection, under circumstances not amounting to arson in the first or second degree;

Is guilty of arson in the third degree.

489. [am'd 1892.] Arson, how punished. Arson is punishable as follows:

1. In the first degree, by imprisonment for any term not less than ten years.

2. In the second degree, by imprisonment for a term not exceeding fifteen years.

3. In the third degree, by imprisonment for a term not exceeding seven years.

§ 490. Intent to destroy building requisite. The burning of a building under circumstances which shows, beyond a reasonable doubt that there was no intent to destroy it, is not arson.

491. Contiguous buildings. Where an appurtenance to a building is so situated with reference to such building, or where any building is so situated with reference to another building that the burning of the one will manifestly endanger the other, a burning of the one is deemed a burning of the other, within the foregoing provisions, against any person actually participating in the original setting on fire, as of the moment when the fire from the one communicates to and sets on fire the other.

3 R. S. 939, § 2.

§ 492. "Night time," defined. The words "night time," as used in this chapter, include the period between sunset and sunrise, and every building or structure, which shall have been usually occupied by persons lodging therein at night, is a dwelling-house within the meaning of this chapter.

§ 493. "Building," defined. Any house, vessel or other structure, capable of affording shelter for human beings, or appurtenant to, or connected with a structure so adapted, is a "building" within the meaning of this chapter.

an

494. "Inhabited building," defined. A building is deemed "inhabited building" within the meaning of this chapter, any