more persons, or a fight commonly called a ring or prize fight, either within or without the state, or who sends or publishes a challenge or acceptance of a challenge for such a contention or fight, or carries or delivers such a challenge or acceptance, or trains or assists any person in training or preparing for such a contention or fight, is guilty of a misdemeanor. 3 R. S. 963, § 8. 459. What is a challenge. Any words spoken or written, or any signs uttered or made to any person, expressing or implying, or intended to express or imply a desire, request, invitation or demand to engage in any fight, such as is mentioned in section 458, are to be deemed a challenge within the meaning of that section. 460. Betting or stakeholding on fight. A person who bets, stakes, or wagers money or other property, upon the result of such a fight or encounter, or who holds or undertakes to hold money or other property so staked or wagered, to be delivered to or for the benefit of the winner thereof, is guilty of a misdemeanor. § 461. Fight out of state. A person who leaves the state, with intent to elude any provision of this title, or to commit any act without the state, which is prohibited by this title, or who, being a resident of this state, does any act without the state, which would be punishable by the provisions of this title, if committed within the state, is guilty of the same offense and subject to the same punishment, as if the act had been committed within this state. 3 R. S. 963, § 5. § 462. Indictment. An indictment for an offense specified in the last section, may be tried in any county within the state. § 463. Apprehension of persons about to fight. A magistrate having power to issue warrants in criminal cases, to whom it is made to appear that there is reasonable ground to apprehend that an offense specified in sections 458, 460 and 461 is about to be committed within his jurisdiction, or by any person being within his jurisdiction, must issue his warrant to a sheriff or constable, or other proper officer, for the arrest of the person or persons so about to offend. Upon a person being arrested and brought before him by virtue of the warrant, he must inquire into the matter, and, if it appears that there is reasonable ground to believe that the person arrested is about to commit any offense, the magistrate must require him to give a bond to the people of the state in such a sum, not exceeding one thousand dollars, as the magistrate may fix, either with or without sureties in his discretion, conditioned that such person will not, for one year thereafter, commit any such offense. Id. § 9. 464. Same. If the person arrested, as prescribed in the last section, does not furnish a bond as prescribed therein, within a time fixed by the magistrate, the latter must commit him to the county jail, there to remain until discharged by a court of record having criminal jurisdiction. A person so committed may, at any time, be discharged upon a writ of habeas corpus, upon his executing the bond required by the committing magistrate. If the bond is required to be given with one or more sureties, the surety or sureties must be approved by the officer taking the same. § 465. Forcible entry and detainer. A person, guilty of using, or of procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and the manner allowed by law, is guilty of a misdemeanor. 3 R. S. 820, § 1. § 466. Returning to take possession of lands after being removed by legal process. A person, who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer, and who afterwards, without authority of law, returns to settle or reside upon or take possession of such lands, is guilty of a misdemeanor. 1 R. S. 600, § 67. § 467. Unlawful intrusion, etc. A person, who intrudes upon any lot or piece of land within the bounds of a city or village, without authority from the owner thereof, or who erects or occupies thereon any hut, or other structure whatever without such authority; and a person who places, erects, or occupies within the bounds of any street or avenue of a city or village, any hut, or other structure, without lawful authority, is guilty of a misdemeanor. 3 R. S. 934, § 109. 468. Discharging fire-arms in public places. A person, who willfully discharges any species of fire-arms, air-gun, or other weapon, or throws any other deadly missile in any public place, or in auy place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of a misdemeanor. 469. Witnesses' privilege. No person shall be excused from giving evidence upon an investigation or prosecution for any of the offenses specified in this title, upon the ground that the evidence might tend to convict him of a crime. But such evidence shall not be received against him upon any criminal proceeding. 3 R. S. 964, § 12. TITLE XIV. OF CRIME AGAINST THE Revenue and PROPERTY OF THE STATE. SECTION 470. Misappropriation, etc., and falsification of accounts by public officers. 471. Other violations of law. 472. Misappropriation, etc., by county treasurer. 473. Officer authorized to make any sale, lease or contract, becoming interested under it. 474. County clerks omitting to publish statement required by law. 475. Obstructing officer in collecting revenue. 476. Delivering false bill of lading to canal collector. 477. Weighmaster making false entry of weight of canal boat. 478. Canal officer concealing frauds upon the revenue. 479. Willful injuries to the canals. 480. Drawing off water from canals. 481. Canal officer accepting bribe to allow water to be drawn off from 482. Fraudulent appropriation of lost treasure, or waived property. 484. Seizing military stores belonging to the state. § 470. Misappropriation, etc., and falsification of accounts by public officers. A public officer, or a deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the people of this state, or of any department of the government of this state, or of any bureau or fund created by law, and in which the people of this state are directly or indirectly interested, or for or on account of any city, county, village or town, who 1. Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise; or 2. Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him; or 3. Fraudulently alters, falsifies, conceals, destroys or obliterates any such account; or 4. Willfully omits or refuses to pay over to the people of this state or their officer or agent authorized by law to receive the same, or to such city, village, county, or town, or the proper officer or authority empowered to demand and receive the same, any money 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. 1 R. S. 549, § 28. § 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. Officer authorized to make any sale, lease or contract, becoming interested under it. A public 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, 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. $477. Weighmaster making false entry of weight of canal boat. 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. 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 |