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False imprison

unlawfully.

SEC. 39. Whoever, without lawful authority, forcibly or sement, kidnap cretly confines or imprisons another person within this State labor of another against his will, and confines, or inveigles or kidnaps another ping, selling person, with intent either to cause him to be secretly confined or imprisoned in this State against his will, or to cause him to be sent out of this State against his will; and whoever sells, or in any manner transfers, for any term, the service or labor of any other person who has been unlawfully seized, taken, inveigled, or kidnapped from this State to any other State, place or country, shall be punished by imprisonment in the State penitentiary not exceeding ten years. (m)

13 Fla., 675. 15 Fla., 55.

Where tried.

son with food or water.

SEC. 40. Every offence mentioned in the preceding section may be tried either in the county in which it is committed, or in any county in or to which the person so seized, taken, inveigled, kidnapped or sold, or whose services are so sold or transferred is taken, confined, held, carried or brought. Upon the trial of any such offence, the consent thereto of the person so taken, inveigled, kidnapped or confined, shall not be a defence unless it is made satisfactorily to appear to the jury that such assent was not obtained by fraud, nor extorted by duress or threats.

(m)

SEC. 41. Whoever mingles any poison with food, drink or Mingling poi medicine, with intent to kill or injure another person, or wilfully poisons any spring, well or reservoir of water with such intent, shall be punished by imprisonment in the State penitentiary for life or any term of years. (m)

Assault with in

SEC. 42. Whoever assaults another with intent to commit tent to commit burglary, robbery, rape, mayhem or any felony, the punishment burglary, rape, of which assault is not herein before prescribed, shall be punrobbery or manslaughter. ished by imprisonment in the State penitentiary not exceeding

ten years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not exceeding one year. (m)

CRIMES

CHAPTER 56.

FELONIES -OFFENCES AGAINST PROPERTY.

1. Penalty for burning or setting and vegetable products. fire to dwelling-houses.

2. Penalties for burning other buildings in the night time.

3. Penalty for burning other buildings in the day time.

6. These offences extended to married women.

7. Penalty for burning with intent to injure insurer.

8. Penalties for cutting bell

4. Penalties for burning other ropes or destroying fire-engines bebuildings and vessels.

5. Penalty for burning fences

fore a fire.

9. Penalty for above offences

(m) Secs. 43, 44, 45 and 46, Sub-Chap. 3, Chap. 1637, Act of Aug. 8, 1868,

committed during a fire.

10. Penalty for burglary, person being armed.

11. Penalty for burglary, person not being armed.

12. Breaking and entering a vessel in the night time, penalty for. 13. Penalty for same offence in day time, or without breaking into in the night time.

14. Penalty for entering building in night time with felonious intent.

15. Penalty for stealing from a building on fire.

16. Penalty for larceny from the person.

17. Penalty for larceny of property over $100 in value; less than $100 in value.

18. Penalty for stealing or concealing a will.

19. In indictment for above offence no ownership need be alleged. 20. Penalty for second offence of larceny who to be deemed a common thief.

21. Penalty for larceny of paper designed for issue as bank bills.

22. Penalty for illegal retention of such paper.

carrier.

32. Penalty for buying or receiving stolen goods.

33. Punishment for such offences if property stolen does not amount to felony, and if satisfaction is made to owner of property stolen. 34. Penalty for buying and selling embezzled property.

35. Penalty for second and third convictions for this offence.

36. Penalties for certain officers of corporations who issue, or sign with intent to issue, fraudulent stock in certain cases.

37. Penalties for certain offences committed by railroad officers.

38. Penalties for certain officers of corporations for issuing certain certificates fraudulently.

39. Penalties for false entries by officers of corporations.

40. Books of corporations, when to be evidence.

41. Penalty for falsely personating another.

42. Penalty for obtaining goods under false pretenses.

43. Penalty for fraudulent alteration of marks and brands.

44. Penalty for fraudulent gam

23. Penalty for making machines ing. to open vaults.

24. Penalty for embezzlement. 25. Penalty for fraud or embezzlement from State Treasury.

26. Penalty for embezzlement by officer of county, city or town.

27. Penalty for using or taking property of another.

28. Penalty for embezzlement by agent, servant or clerk.

29. Penalty for fraudulent conversion by bank officer.

30. In prosecutions for such offences, what to be considered a fraudulent taking; what not necessary to prove on trial.

45. Penalty for gross frauds and cheating.

46. Penalty for selling land attached on mesne process.

47. Penalty for removal or disposal of mortgaged property with intent to defeat lien; penalty for aiding, &c.

48. Penalty for factor to pledge property consigned to him.

49. Penalty for injuring buildings by explosion of powder.

50. Penalty for maliciously throwing explosive objects against houses.

51. Penalty for willful destruc31. Penalty for embezzlement by tion of dams, reservoirs, &c.

Maliciously

dwelling

52. Penalty for removal of tollbridge or gate, or damages to the

same.

owner of vessel.

57. Penalty for malicious injury to animals, or for poisoning ani

53. Penalty for willful casting mals. away ships.

58. Penalties for willful injuries

54. Penalty for equipping ship to personal property. with intent to destroy it.

55. Penalty for owner of ship or vessel to exhibit fraudulent invoice.

56. Penalty for false affidavit of

59. Penalties for obstructions to railroads.

60. Horse stealing defined, and how punished.

SECTION 1. Whoever wilfully and maliciously burns. the burning or set- dwelling-house, or any building adjoining such dwelling-house, ting fire to or wilfully and maliciously sets fire to any building, by the burning whereof such dwelling-house is burnt, shall be punished by imprisonment in the State penitentiary for life, or for such time as the court may direct. (a)

houses.

Burning other buildings in night time.

In day time.

buildings,

bridges and vessels.

SEC. 2. Whoever wilfully and maliciously burns in the night time a meeting-house, church, court-house, town-house, college, academy, jail, or other building erected for public use, or a banking-house, warehouse, store, manufactory, or mill of another, (being, with the property therein contained, of the value of one thousand dollars,) or a barn, stable, shop or office, within the curtilage of a dwelling-house, or any other building, by the burning whereof any building mentioned in this section is burnt, in the night time, shall be punished by imprisonment in the State penitentiary for life, or for such time as the court may direct. (a)

SEC. 3. Whoever wilfully and maliciously burns in the day time any building mentioned in the preceding section, the punishment for which if burnt in the night time would be imprisonment in the State penitentiary for life, shall be punished by imprisonment in the State penitentiary not exceeding ten years. (a)

SEC. 4. Whoever wilfully and maliciously burns a bankingBurning other house, warehouse, store, manufactory, mill, barn, stable, shop, office, out-house, or other building whatsoever, of another, other than is mentioned in section two, or a bridge, lock, dam, or flume, or a sloop or vessel of another, shall be punished by imprisonment in the State penitentiary not exceeding ten years. (a)

Burning tim

vegetable products.

SEC. 5. Whoever wilfully and maliciously burns, or otherber, fences and wise destroys or injures a pile or parcel of wood, boards, timber or other lumber, or any fence, bars or gate, or a stack of grain, hay or other vegetable product, or any vegetable product severed from the soil and not stacked, or any standing trees, grain, grass, or other standing product of the soil, or the soil itself, of another, shall be punished by imprisonment

(a) Secs. 1, 2, 3 and 4, Sub-Chap. 4. Chap. 1637, Act of Ang. 6, 1868.

in the State penitentiary not exceeding five years, or by fine not exceeding five thousand dollars and imprisonment in the county jail not exceeding one year. (b)

SEC. 6. The preceding sections severally extend to a married Married women woman who commits either of the offences therein described, offences. committing though the property burnt or set fire to belongs partly or wholly to her husband. (b)

insurer.

SEC. 7. Whoever burns a building or any goods, wares, mer- Burning with chandise, or other chattels, which are at the time insured intent to injure against loss or damage by fire, with intent to injure the insurer, whether such person is the owner of the property burnt or not, shall be punished by imprisonment in the State penitentiary not exceeding twenty years. (b)

SEC. 8. Whoever, within twenty-four hours prior to the burn- Cutting belling of a building or other property, wilfully and maliciously cuts rope or destroying engines or removes any bell rope in the vicinity of such building or before fire. property, or cuts, injures or destroys any engine, or hose or apparatus belonging to an engine, in said vicinity, shall be deemed guilty of the burning, as accessory before the fact, and be punished by imprisonment in the State penitentiary not exceeding ten years. (b)

SEC. 9. Whoever, during the burning of a building or other same offences property, unlawfully and maliciously cuts or sunders any bell- during fire. rope in the vicinity of such building or property, or otherwise prevents an alarm being given, or cuts, injures or destroys an engine or hose, or other apparatus belonging to any engine in the vicinity, or otherwise wilfully and maliciously prevents or obstructs the extinguishing of any fire, shall be deemed guilty of the burning, as accessory after the fact, and shall be punished by imprisonment in the State penitentiary not exceeding seven years, or in the jail not exceeding one year, or by fine not exceeding one thousand dollars. (b)

Breaking in

ing-house in

SEC. 10. Whoever breaks and enters a dwelling-house in the night time, with intent to commit the crime of murder, rape, habited dwellrobbery, larceny, or other felony, or after having entered with night time with such intent, breaks such dwelling-house in the night time, any intent to comperson being lawfully therein, and the offender being armed being armed. with a dangerous weapon at the time of such breaking or entry, or so arming himself in such house, or making an actual assault on any person being lawfully therein, shall be punished by imprisonment in the State penitentiary for life, or such term as may be determined by the court. (b)

SEC. 11. Whoever breaks and enters a dwelling-house in the Not being night time, with such intent, or having entered with such in- armed. tent, breaks such dwelling-house in the night time, (the offender not being armed, nor making an assault upon any person then being lawfully therein,) shall be punished by imprisonment in the State penitentiary not exceeding twenty years. (b)

(b) Secs. 5, 6, 7, 8, 9, 10 and 11, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868.

Breaking and entering vessel in night time commit felony.

with intent to

Entering in night time without break

ing, with intent to commit felony.

Entering in night time

without break

ing dwelling

house with fe

lonious intent.

Stealing in a

moved in fire.

SEC. 12. Whoever breaks and enters in the night time, a building, ship or vessel, with intent to commit the crime of murder, rape, robbery, larceny, or other felony, shall be punished by imprisonment in the State penitentiary not exceeding twenty years. (c)

SEC. 13. Whoever enters in the night time, without breaking, or breaks and enters in the day time, a building, sloop or vessel, with intent to commit the crime of murder, rape, rob bery, larceny, or any other felony, the owner, or any other person lawfully therein being put in fear, shall be punished by imprisonment in the State penitentiary not exceeding ten years. (c)

SEC. 14. Whoever enters a dwelling-house in the night time, without breaking, or breaks and enters in the day time, any building, ship or vessel, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, (no person lawfully therein being put in fear,) shall be punished by imprisonment in the State penitentiary not exceeding five years, or by fine not exceeding five hundred dollars, and imprisonment in the county jail not exceeding two years. (c)

SEC. 15. Whoever steals in a building that is on fire, or steals building on fire any property removed in consequence of an alarm caused by or property re- fire, shall be punished by imprisonment in the State penitentiary not exceeding five years, or by fine not exceeding five hundred dollars, and imprisonment in the jail not exceeding two years. (c)

Larceny from the person.

Larceny of property exceeding $100 in value.

11 Fla., 295.

Larceny of property less than $100 in value.

Stealing or

SEC. 16. Whoever commits larceny by stealing from the person of another, shall be punished by imprisonment in the State penitentiary not exceeding five years, or in the county jail not exceeding two years. (c)

SEC. 17. Whoever commits larceny, by stealing of the property of another, any money, goods, or chattels, or any bank note, bond, promissory note, bill of exchange, or other bill, order or certificate, or any book of accounts for or concerning money or goods due, or to become due, or to be delivered, or any deed or writing containing a conveyance of land, or any other valuable contract in force, or any writ, process, or public record, if the property stolen exceeds the value of one hundred dollars, shall be punished by imprisonment in the State penitentiary not exceeding five years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year; or if the property stolen does not exceed the value of one hundred dollars, shall be punished by imprisonment in the State penitentiary or county jail not exceeding one year, or by fine not exceeding three hundred dollars.

(c)

SEC. 18. Whoever steals, or for any fraudulent purpose deconcealing will, stroys or conceals any will, codicil, or other testamentary instrument, shall, upon conviction thereof, be punished by imprisonment in the State penitentiary not exceeding ten years, or by fine not exceeding two thousand dollars. (c)

(c) Sers, 12, 13, 14, 16, 17, 18 and 19. Sub.Chan. ↑, Chap. 1637, Act of Aug. 6, 1838,

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