to permit water to be drawn from any canal, feeder or reservoir in 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. VI. False personation, and cheats. VII. Fraudulently fitting out and destroying ships and vessels. IX. False weights and measures. X. Fraudulent insolvencies by individuals. Frandulent insolvencies by corporations, and other frauds in their XI. XIII. Frands relative to documents of title to merchandise. Malicious mischief. § 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 dwellinghouse, 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. 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. Arson, how punished. Arson is punishable as follows: 1. In the first degree, by imprisonment, for not less than ten years; 2. In the second degree, by imprisonment for not less than seven nor more than fifteen years; 3. In the third degree, by imprisonment for not more than seven years. 3 R. S. 940, § 10. § 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. 494. "Inhabited building," defined. A building is deemed an "inhabited building" within the meaning of this chapter, any part of which has usually been occupied by a person lodging therein at night. § 495. Ownership of building. To constitute arson it is not necessary that another person than the defendant should have had ownership in the building set on fire. 506. Burglar punishable separately for crime in building. 508. Possessing burglar's instruments, etc. § 496. Burglary in first degree defined. A person, who, with intent to commit some crime therein, breaks and enters, in the night time, the dwelling-house of another, in which there is at the time a human being, 1. Being armed with a dangerous weapon; or 2. Arming himself therein with such a weapon; or 3. Being assisted by a confederate actually present; or 4. Who, while engaged in the night time in effecting such entrance, or in committing any crime in such a building, or in escaping therefrom, assaults any person; Is guilty of burglary in the first degree. 3 R. S. 940, § 11. § 497. Id.; in second degree. A person who, with intent to commit some crime therein, breaks and enters the dwelling-house of another in which there is a human being, under circumstances not amounting to burglary in the first degree, is guity of burglary in the second degree. 3 R. S. 940, §§ 12-16. out of the same; Is guilty of burglary in the third degree. 3 R. S. 941, §§ 18, 19. § 499. "Break," defined. The word "break," as used in this chapter, means and includes 1. Breaking or violently detaching any part, internal or external, of a building; or 2. Opening, for the purpose of entering therein, by any means whatever, any outer door of a building, or of any apartment or set of apartments therein separately used or occupied, or any window, shutter, scuttle, or other thing, used for covering or closing an opening thereto or therein, or which gives passage from one part thereof to another; or 3 Obtaining an entrance into such a building or apartment, by any threat or artifice used for that purpose, or by collusion with any person therein; or 4. Entering such a building or apartment by or through any pipe, chimney, or other opening, or by excavating, digging, or breaking through or under the building, or the walls or foundation thereof. 3 R. S. 941, §§ 20, 21. § 500. "Night time,” defined. The words “ night time,” in this chapter, include the period between sunset and sunrise. § 501. "Enter," defined. The word "enter," as used in this chapter, includes the entrance of the offender into such building or apartment, or the insertion therein of any part of his body or of any instrument or weapon held in his hand, and used, or intended to be used, to threaten or intimidate the inmates, or to detach or remove property. § 502. "Dwelling-house," defined. A building, any part of which is usually occupied by a person lodging therein at night, is, for the purposes of this chapter, deemed a dwelling-house. 3 R. S. 941, § 17. If a § 503. Dwelling-houses, etc., when deemed separate. building is so constructed as to consist of two or more parts, intended to be occupied by different tenants usually lodging therein at night, each part is deemed the separate dwelling-house of a tenant occupy. ing the same. If a building is so constructed as to consist of two or more parts occupied by different tenants separately for any purpose, |