and in addition to the punishment prescribed therefor is liable in treble damages to any party injured thereby. Rep. Pol. Code, § 750. S511. Every person whose duty it may be 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 any such canal, who delivers a false bill of lading as true, or makes or signs a false bill of lading intending it to be delivered 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 any property omitted in such bill, or both. Suggested as a substitute for Rep. Pol. Code, § 570 Delivering lading to false bill of canal col lector. master making of weight of false entry canal boat. S512. Every weighmaster upon any of the canals Weighbelonging to this state, and every 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 misdemeanor. See Laws of 1861, ch. 124, § 4. cer conceal upon the § 513. Every public officer or agent employed by Canal offthe people of this state in relation to the canals be- ing frauds longing to this state, who knows, or has good reason revenue. 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 misde meanor. See Laws of 1855, ch. 534, § 4. S514. Every person who, without authority of law willfully inflicts any injury upon any of the canals belonging to this state, or disturbs or injures any of the boats, locks, bridges, buildings, machinery or willful in juries to tho canals. Drawing off water from canals. Canal offi cer accept allow water off from canals. other works or erections connected with any such canal, and in which the people of this state have an interest, is guilty of felony. See 1 Rev. Stat., 248, §§ 179, 180. S515. Every person who draws water from any canal in this state, or from any feeder or reservoir of any canal, during the navigation season 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. Founded upon Laws of 1860, ch. 213, § 5, and intended to cover the provisions of Laws of 1861, ch. 124, § 5, and of 1 Rev. Stat., 235, §§ 94, 95. S516. Every public officer or agent employed by ing bribe to the people of this state in relation to the canals beto be drawn longing to this state, or contractor for canal repairs, or person having any charge of any canal, or of 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 any water to be drawn from any canal, feeder or reservoir in violation of the last section; and every 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 any water to be drawn from any canal, feeder or reservoir in violation of this section, is guilty of a misdemeanor. Fraudulent appropria Founded upon Laws of 1860, ch. 213, § 5. S517. Every person who fraudulently conceals or tion of lost appropriates to his own use any lost treasure or any treasure, &c. waived property belonging to the state as sovereign, is guilty of a misdemeanor. 1 Black. Com., 295-297; 4 Id., 121; 9 Cox Cr. Cas., 376. the salt $518. Every person who willfully burns, destroys, Injuries to or injures any salt manufactory connected with the works. 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 the state, used in the raising of salt water for the use of the manufacturers of salt, without authority of law, is punishable by imprisonment in a state prison not exceeding five years. Founded on Laws of 1859, ch. 346, § 62. That act requires that the injury to the works should be shown to have been inflicted "with intent to retard the pumping, &c., of salt water for the use of manufacturers." The words " without authority of law" are substituted for this clause, as equally consonant with justice, and imposing a less onerous burden of proof upon the prosecu tion. $519. Every 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 every person who enters any such place with intent so to do, is punishable by imprisonment in a state prison not exceeding ten years. S520. Every 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. See Stat., 50 Geo. III, ch. 105, § 9. TITLE XV. OF CRIMES AGAINST PROPERTY. CHAPTER I. Arson. II. Burglary and housebreaking. III. Forgery and counterfeiting. IV. Larceny. V. Embezzlement. VI. Extortion. VII. False personation, and cheats. VIII. Fraudulently fitting out and destroying ships and vessels. IX. Fraudulent destruction of property insured. X. False weights and measures. XI. Fraudulent insolvencies by individuals. XII. Fraudulent insolvencies by corporations, and other frauds in their management. XIII. Frauds in the sale of passage tickets. XIV. Frauds relative to documents of title to merchandise. XV. Malicious injuries to railroads, highways, bridges and telegraphs. CHAPTER I. ARSON. SECTION. 521. "Arson" defined. 522. "Building" defined. 523. "Inhabited building" defined. 524. "Night time" defined. 525. Burning" defined. 526. Ownership of the building. 527. Variance in proof of ownership. 528. What constitutes malice. 529. Intent to destroy the building, requisite. 530. Contiguous buildings. 531. Degrees of arson. 532. First degree defined. 533. Appurtenances to buildings. 534. Burning in day time, when arson in second degree. 535. Burning in night time, when arson in second degree. 539. Punishment of arson. defined. § 521. Arson is the willful and malicious burning "Arson" of a building, with intent to destroy it. This definition is substantially that of the common law authorities. They, nearly all, restrict the offense to the burning of a dwelling house, or some edifice adapted for or connected with human occupation; making the gravity of the offense to consist in the peril to the person which such burning involves. (4 Blackst. Comm., 220; 2 East P. C., 1015; Barb. Cr. L., 53; Whart. Am. Cr. L., 534; Coke Ch., 15, 66; State v. Roe, 12 Verm., 93; People v. Cotteral, 18 Johns., 115. See also Laws of Ga., 712; 4 U. S. Stat. at L., 115; Rep. Cr. Code, Mass.) The statutes of this state have enlarged the use of the term to include many acts of burning not involving special danger to the person. Thus, burning a carding machine, a stack of grain or hay, a bridge, a crop of grain, &c., &c., is arson in the fourth degree. (2 Rev. Stat., 667, §§ 7, 8.) The Commissioners recommend that the term "arson" be confined to the offense of setting on fire buildings or editices (including ships and vessels, see § 521, infra). Other criminal acts of burning should be classed under other titles; e. g., malicious mischief. See section 703. defined. S522. Any house, edifice, structure, vessel, or other "Building” erection, capable of affording shelter for human beings, or appurtenant to, or connected with an erection so adapted, is a "building" within the meaning of the last section. building " defined. S523. Any building is deemed an "inhabited "Inhabited building" within the meaning of this chapter, any part of which has usually been occupied by any person lodging therein at night. People v. Orcutt, 1 Park. -Cr., 252; See also Hooker S524. The words "night time" in this chapter "Night include the period between sunset and sunrise. time" defined. defined. S525. To constitute a burning within the meaning "Burning" of section 521, it is not necessary that the building set on fire should be destroyed. It is sufficient that |