and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done. As amended, Stats. 1875, 103.

Fraudulently Selling Real Estate.

4775. SEC. 138. Any person or persons, after once selling, bartering, or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands or town lot or lots, who shall again, knowingly and fraudulently, sell, barter, or dispose of the same tract or tracts of land, or town lot or lots, or any part thereof, or shall knowingly and fraudulently execute any bond or agreement to sell or barter, or dispose of the same land, or lot or lots, or any part thereof, to any other person or persons, for a valuable consideration, every such offender, upon conviction thereof, shall be punished by imprisonment in the state prison not less than one year or more than five years.

False Weight, etc.

4776. SEC. 139. If any person or persons shall knowingly buy or sell any goods, wares, or merchandise, or any valuable thing by false weight or measure, or shall knowingly use any false measure or false weight at any mill in taking toll for grinding corn, wheat, rye, or other grain, or shall knowingly use any false weight or weights, or false scales, or false steelyards, or false balances, or false measures for any purpose in buying or selling or trading any article whatever, he or she shall be deemed a common cheat, and on conviction shall be fined in any sum not to exceed two hundred dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment. As amended, Stats. 1881, 30; 1881, 107.

Removal of Property to Defraud.

4777. SEC. 140. If any debtor shall fraudulently remove his property or effects out of this state, or shall fraudulently sell, convey, or assign, or conceal his property or effects, with intent to defraud, hinder, or delay his creditors of their just rights, claims, or demands, he shall, on conviction, be punished by imprisonment in the county jail for any term not exceeding six months, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. Fraudulent Concealment, etc.

4778. SEC. 141. Any person against whom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property or effects, who shall fraudulently conceal, sell, or dispose of such property or effects, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or shall, with such intent, remove such property or effects beyond the limits of the county in which it may be at the time of the commencement of such action, or the rendering of such judgment, shall, on conviction, be punished as provided in the next preceding section.

Cattle, Killing Of.

FRAUDULENT AND MALICIOUS MISCHIEF.

4779. SEC. 142. Every person who shall willfully or maliciously wound or kill, with firearms, knives, or other deadly weapon, any cattle or domestic animal belonging to another person, or administer any poison to, or expose any poisonous substance with the intent that the same shall be taken or swallowed by any cattle or domestic animal belonging to another person, shall on conviction be punished by imprisonment in the state prison not less than one year nor exceeding three years, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. As amended, Stats. 1877, 76.

Injuring Animals or Goods.

4780. SEC. 143. Every person who shall cruelly beat or torture any horse, ox, mule, or other animal, whether belonging to himself or to any other person, shall be punished by a fine of not less than thirty or more than one hundred dollars, or by imprisonment in the county jail or prison of any incorporated city

or town, for a period not to exceed thirty days, or by both such fine and imprisonment; and it is hereby made the duty of each Sheriff, Constable, police officer, Justice of the Peace, Police Judge, or City Recorder within this state to enforce the provisions of this section of this Act. And every person who shall willfully, unlawfully, and maliciously destroy, burn, cut, or otherwise injure any goods, chattels, or property of any description whatever belonging to another, shall, upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. As amended, Stats. 1866, 138.

Destruction of Property--Trees-Posting Bills.

4781. SEC. 144. Any person who shall willfully, unlawfully, and maliciously break, destroy, or injure the door or window of any dwelling house, shop, store, or other house or building, or the door, window, grating, platform, wheels, or other part of any railroad car, or sever therefrom, or from any gate, fence or inclosure, any part thereof, or any material of which it is formed, or sever from the freehold any produce thereof, or anything attached thereto, or pull down, injure, or destroy any gate, post, railing, or fence, or any part thereof, or break, destroy, or injure, any steamer, or other sailing craft, or, cut down, lap, girdle, otherwise injure or destroy any fruit or ornamental, or shade tree, being the property of another, or who shall, without the consent of the owner, agent, or occupant of the premises or property herein mentioned, deface, disfigure, or cover up any fruit tree, or ornamental tree, fence, wall, house, shop, or building, the property of another, by pasting upon, or in any way fastening thereto, any printed bill, sign-board, show-poster, or other device whatsoever, or who shall, without a written permit from the Board of County Commissioners, in the county wherein such written permit may be issued, deface, disfigure, or cover up by pasting upon, or in any way fastening thereto, any printed bills, sign-board, show-poster, or other device whatsoever upon any public building, monument, gravestone, ornamental tree, or other object or property under the supervision and control of the Board of Commissioners of the respective counties in this state, or under the supervision and control of any municipal government, or of any association or society whatsoever, shall for each and every such offense be deemed guilty of a misdemeanor, and, on conviction, be fined in any sum not exceeding two hundred dollars, or be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. As amended, Stats. 1873, 144; 1879, 60.

Murphy v. Rising, 10 Nev. 97.

Injuring Rafts, etc.

4782. SEC. 145. Every person who shall willfully and maliciously burn, injure, or destroy any pile or raft of wood, plank, boards, or other lumber, or any part thereof, or cut loose, or set adrift any such raft or part thereof, or shall cut, break, injure, sink, or set adrift any boat, canoe, skiff, or other vessel or water craft, being the property of another, shall, on conviction thereof, be punished by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months.

Injury to Dam, Bridge, etc.

4783. SEC. 146. Every person who shall willfully and maliciously cut, break, injure, or destroy any bridge, mill dam, canal, flume, aqueduct, reservoir, or other structure erected to create hydraulic power, or to conduct water for mining, manufacturing, or agricultural purposes, or any embankment necessary to the same, or either of them, or shall willfully or maliciously make, or cause to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, or structure, with intent to injure or destroy the same, shall, on conviction thereof, be fined in any sum not more than one thousand dollars, or imprisonment in the state prison not less than one year nor more than two years, or both such fine and imprisonment.

Injury to Jail, etc.

4784. SEC. 147. If any person shall, willfully and intentionally, break down, pull down, or otherwise destroy or injure, in whole or in part, any public jail, or other place of confinement, every person so offending shall, on conviction, be fined in any sum not exceeding ten thousand dollars, nor less than the value of the said jail or other place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act, and be imprisoned in the state prison for any term not exceeding five years nor less than one year.

Firing Woods or Prairies.

4785. SEC. 148. If any person or persons shall, willfully and intentionally, or negligently and carelessly, set on fire, or cause or procure to be set on fire, any wood, prairies, grass, or other lands, or grounds, in this state, every person so offending shall, on conviction, before any court of competent jurisdiction, be fined in any sum not less than two hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than ten days nor more than six months, or by both such fine and imprisonment, in the discretion of the jury trying the case; provided, that this section shall not extend to any person or persons who shall set on fire any wood, prairies, grass, or other lands adjoining their own farm, house, plantation, or inclosure, for the necessary preservation thereof from accident or injury by fire, by giving to his, her, or their neighbors reasonable notice of such intention.

MISCELLANEOUS OFFENSES.

Issuing Paper Money-Duties of District Attorneys.

4786. SEC. 149. If any person or persons, association, company, or corporation, shall make, issue, or put in circulation, any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as money, the said person or persons, association, company, or corporation, or the persons forming the same, shall, for the first offense, be deemed guilty of a misdemeanor, and for each and every subsequent offense, be deemed guilty of felony, and shall be punished as hereinafter provided. Any person or persons who shall, upon indictment, be convicted of having violated the provisions of this Act, shall be punished, for the first offense, by imprisonment in the county jail not more than three months, or by fine not exceeding two thousand dollars, or by both such fine and imprisonment; and for the second and every subsequent offense, shall be punished by imprisonment in the state prison for a term not less than one year nor more than five years, at the discretion of the court before whom such person or persons shall be tried and convicted. It shall be the duty of the District Attorney for each judicial district in the state to prosecute all offenses against this Act, and it shall be the duty of the Judges of the courts to give this law in the charge of the grand jury, who shall inquire into and present all cases of a violation thereof.

Vending Without License.

4787. SEC. 150. Any person or persons who shall vend, by wholesale or retail, any spirituous, or malt, or vinous liquors, or any goods, wares, or merchandise, within any county in this state, without first obtaining a license so to do, as required by law, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, be fined in a sum of not less than twenty-five nor more than two hundred dollars, for each and every offense. Any Justice of the Peace of the county in which such offense is charged to have been committed, shall have jurisdiction to try and determine the same. Upon the trial of any criminal action provided for by this Act, the defendant shall be deemed not to have procured any such license, unless he prove the contrary to the satisfaction of the court or jury by whom the same is tried. All fines collected under this Act shall be paid into the treasury of the county in which the conviction is had.

Common Law Crimes.

GENERAL PROVISIONS.

4788. SEC. 151. All offenses recognized by the common law as crimes, and not herein enumerated, shall be punished, in case of felonies, by imprisonment in the state prison for a term not less than one year nor more than five years, and in case of misdemeanors, by imprisonment in the county jail for a term not exceeding six months or less than one, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment; and whenever any fine is imposed for any felony or misdemeanor, whether such by statute or at common law, the party upon whom the fine is imposed shall be committed to the county jail, when not sentenced to the state prison, until the fine is paid; and he shall be imprisoned at the rate of one day for each two dollars until such fine is paid.

SEC. 152 obsolete.

Effect of Sentence.

4789. SEC. 153. A sentence of imprisonment in the state prison for a term less than life, suspends all civil rights of the person so sentenced, during the term of imprisonment, and forfeits all public offices, and all private trusts, authority, and power; and the person sentenced to such imprisonment for life, shall thereafter be deemed civilly dead.

"Person" Defined.

4790. SEC. 154. Where the term "person" is used in this Act to designate the party whose property may be the subject of any offense, such term shall be construed to include the United States, this state, or any other state or territory, government, or county, which may lawfully own any property within this state, and all public and private corporations, as well as individuals.

Females Liable.

4791. SEC. 155. The provisions of this Act shall extend to females.

Intent to Injure, Defraud, etc.

4792. SEC. 156. When any intent to injure, defraud, or cheat, is required by law to be shown, in order to constitute any offense, it shall be sufficient if such intent be to injure, defraud, or cheat, the United States, this state, or any other state, territory, or county, or the government, or any public office thereof, or any county, city, or town, or any corporation, body politic or private individuals.

Reward May Be Offered.

4793. SEC. 157. If any person who has been sentenced to confinement in the state prison, by any court having competent authority within this state, shall escape therefrom, or shall be charged with murder, or the perpetration of any crime punishable with death, the Governor is authorized, upon satisfactory evidence of the guilt of the accused, to offer a reward for his or their apprehension, which reward shall not exceed the sum of one thousand dollars, and shall be paid out of the general fund.

Attempt to Commit Offense.

4794. SEC. 158. Every person who shall attempt to commit a public offense, and in such attempt shall do any act toward the commission of such offense, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, shall, in cases where no provision is made by law for the punishment of such attempt, be punished as follows: FirstIf the offense so attempted to be committed be such as is punishable by death or by imprisonment in the state prison for a term which may extend to life, the person convicted of such attempt shall be punished by imprisonment in the state prison not exceeding ten years. Second-If the offense so attempted is a misdemeanor, the person so convicted of such attempt shall be punishable by a fine. not exceeding one-half of the largest amount, or by imprisonment in the county

jail or state prison, as the case may be, for a term not exceeding one-half of the longest time prescribed by law, upon a conviction of the offense so attempted. Third-If the offense so attempted is a felony, not punishable by death or imprisonment, which may extend to life, the person convicted of such offense shall be punished by imprisonment in the state prison for a term not exceeding one-half the longest time which may be imposed upon a conviction of the offense so attempted.

SEC. 159 obsolete.

An Act supplementary to an Act concerning crimes and punishments, approved November twenty-six, eighteen hundred and sixty-one.

Using Public Money, Misdemeanor.

Approved March 1, 1883, 96.

4795. SECTION 1. Every public officer or other person who shall have in his possession, control or custody any public money belonging to the State of Nevada, or to any county, town, city, district, or municipal corporation within this state, or to whom any such public money shall be intrusted for safe keeping, or for transmission to any Treasurer, other officer or person entitled to receive the same, who shall use any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, shall, if the amount so unlawfully used be fifty ($50) dollars or less, be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not less than one hundred ($100) dollars, and not more than five hundred ($500) dollars, or by imprisonment in the county jail not less than one month nor more than six months, or by both such fine and imprisonment.

When a Felony.

4796. SEC. 2. Every public officer or other person who shall have in his possession, control, or custody any public money belonging to the State of Nevada, or to any county, town, city, district, or municipal corporation within this state, or to whom any such public money shall be intrusted for safe keeping or for transmission to any Treasurer or other officer, or other person entitled to receive the same, who shall use any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, shall, if the amount unlawfully used be more than fifty dollars, be deemed guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year or more than fifteen years.

An Act to prevent the unauthorized expenditure of state money.

4797. SECTION 1. No money shall be paid out of the state treasury in payment of the salary or compensation of the clerk or secretary of any commission connected with the state government, or for any clerical work done, performed, or rendered to such commission, except in pursuance of a direct and explicit appropriation by law to pay for such service; and the State Controller is hereby prohibited from drawing his warrant in payment of such salary or compensation unless authorized by a law making an explicit appropriation for that purpose.

Employment of Clerks Prohibited.

4798. SEC. 2. Any state officer employing or paying any person or persons out of any state money for any such service or labor, as herein before set forth, shall be deemed guilty of a misdemeanor, and on conviction thereof be fined in the sum of five hundred dollars, or imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment, in the discretion of the

court.