FIRST COLUMN. really is, and procuring an excessive price, or loan, in consequence of such representation. 118. Artfully substituting in the delivery of goods, an article of inferior value to the thing bought. 119. Adulterating a commodity for sale, with an article of a different description, and inferior quality and value to what is denoted. SECOND COL. Solitary impt. 1 to 12 weeks. Solitary impt. 1 to 12 weeks. 2 to 24 weeks. 120. Adulterating a commodity, with an article of a diffe- Solitary impt. rent description to what is denoted, and which is also unwholesome. 121. Fabricating or uttering a false certificate of sickness or infirmity, to excuse the certified from the performance of a public duty. 122. Fabricating or uttering a false certificate of character or misfortunes, calculated to draw the benevolence of Government, or of individuals, toward the individual designated, whether the falsehood consist in the name of the certifier, or of the facts certified. 123. Fabricating or uttering a false certificate of a servant's character, -If, as to the character of the servant only: 124. If as to the name or character of the certifier, as well as to the conduct of the servant. 125. Procuring any of the foregoing false certificates to be made by gifts or promises. 126. Falsely pretending to have suffered a loss or misfortune, and procuring indemnity or charitable aid on such pretence. 127. Procuring contributions, gifts, or gratuities, for a charitable purpose, real or pretended, and diverting such donation from the destination intended by the giver to the use of the receiver. 128. Substituting one child for another, imposing a child upon the world, as the offspring of a woman who is not its mother. 129. Bribing a candidate in a race or exercise not to win. 130. Giving drugs, or causing impediments, to disqualify a candidate in a race or exercise from winning. 131. Playing with false dice or cards. 132. Selling goods by, or having in possession and apparently in use, false weights or measures. 133. Artfully using a name in such manner as to import that another person of a similar name is the person meant, and procuring property on the understanding so conveyed. Solitary impt. 4 to 24 weeks. Solitary impt. 4 to 24 weeks. Fine or impt. 1 to 6 weeks. Solitary impt. 8 to 24 weeks. Solitary impt. 8 to 24 weeks. Solitary impt. 1 to 12 weeks. Solitary impt. 4 to 12 weeks. Solitary impt. 1 to 12 weeks. Solitary impt. 1 to 12 weeks. Solitary impt. 2 to 24 weeks. Solitary impt. 12 weeks. Solitary impt 12 weeks. Solitary impt. 4 to 12 weeks, FIRST COLUMN. 134. Falsely pretending to bear a message or order from another for goods, and procuring them on such pretence. 135. Falsely assuming the name and person of another, and obtaining property on such pretence. 136. Falsely pretending to an authority for, or a power of doing a thing, and procuring property to exercise such authority or power. 137. Falsely pretending to a residence in, the possession of, or right and title to, an estate, an office, or to moveables, and procuring property on such pretence. 138. Falsely reading over, or describing the tenor of a deed, will, or instrument, conveying property or right, and thereby causing a person to execute it, to the prejudice of himself or another. 139. Destroying or damaging a vessel, or its contents, with intent to defraud the insurers of either. 140. Setting fire to a building, or to its contents, or to stock, (the firing of which cannot extend to the property of another,) with intent to defraud the insurers of the same. 141. Setting fire to a building, or to its contents, or to Death. stock, (the firing of which may extend to the property of another,) with intent to defraud the insurers of the same. WITHHOLDING ANOTHER'S PROPERTY. 142. WITHHOLDING ANOTHER'S PROPERTY.-When any man's goods fall into the hands of another by finding, by mistake in delivery, by being left through forgetfulness, by being taken from a thief or suspected person, or by being left on a trust, or for a purpose which has ceased, or in any other way, the holder is to restore the goods to the right owner, if he know him, and if he does not know him, or where he is to be found, he is to make reasonable enquiries, to find him out, and for his trouble therein, he is to receive a fair recompense from the owner, if found; but if his enquiries are not successful he is to deposit the goods in the town-hall, or green-yard of his township. 143. Let a place or places be provided in each township, with an officer or officers to superintend it, in which all stray goods found in the township and country around it shall be deposited. The depositor is to leave a description of the circumstances under which the property came to his hands sealed up, and he is to receive an acknowledgment under the hand of the officer, for the deposit. A slight indication of the things found is to be advertised from time to time, if the goods are of cur FIRST COLUMN. rent value, or a full account, if only of value to the owner; when goods are reclaimed, the owner is to pay to the depositor one fifth of the value, if the value is under ten pounds; one tenth of the value if under twenty pounds; one twentieth if above twenty pounds. If the goods be of current value, and not reclaimed in due time, let them be returned to the finder; but if the goods be not of current value, such as deeds or writings conveying or securing property, let them be retained and properly registered for reference, during twenty years; if not then claimed, let them be defaced or destroyed. Due time for the retention of goods of current value is, if the goods are of a perishable nature, as long a time, not exceeding 3 months, as they can be kept without endangering their loss; if animals, so long a time, not exceeding 3 months, as that the expense of their keep shall amount to one third of their apparent value; of all other goods 3 months. 144. Withholding the goods of another in which the holder has no right, but where the holder shews satisfactorily that he had no dishonest intention, but omitted to restore the property through negligence, or detained it on apparent right, although it may prove to be erroneous. 145. Withholding the goods of another in which the holder has no right, and where no good plea of excuse, nor that of negligence merely is established. 146. Withholding a lost Bill of Exchange, draft, or other order for payment of money, which the holder has found, or cannot shew that he has fairly come by. 147. Withholding a lost Bill, draft, or order for money, which the holder has found, or cannot shew that he has fairly come by, and presenting it for payment in his own person or by an agent. EMBEZZLEMENT. 148. Embezzlement is the dishonest conversion of goods, money, or securities for money, intrusted to an agent for special purposes on behalf of a principal, to other purposes, for his (the agent's) own use or benefit. 149. A workman or servant intrusted with goods to work with or to manufacture, repair, improve or preserve, selling, pledging, changing, or misusing such goods for his own benefit or purposes, or failing to return such goods when 'This carries with it Rostitution, Costs, and Damages, as effectually as a larger pe nalty. FIRST COLUMN. duly demanded, and without lawful excuse for withholding the same. 150. An agent or servant intrusted with goods or money for sale or exchange on behalf of the owner, applying the said goods or money, or the proceeds or part of either to his own use or benefit. SECOND COL. Solitary impt. 2 to 24 weeks. 151. An agent or servant intrusted with the distribution Solitary impt. or collection of money or goods on behalf of his principal, 2 to 24 weeks. applying either to his own use or benefit. 152. A banker, merchant, broker, attorney, or other agent, selling, pledging, or applying for his own benefit, any goods, money, or securities for money left with him for safe custody. N. B. 153. It is not embezzlement for an agent to receive any dividends or profits on securities deposited with him, nor for a mortgagee, trustee, or person having a lien on securities in his hands, to make such disposal of securities or assets, as the law justifies him in doing, nor is one trustee or partner accountable for the embezzlement of another. FORGERY. 154. FORGERY is the falsely, subtilly, and wilfully making, altering, or counterfeiting any Deed, Will, Testament, or Bond, Writing obligatory, Bill of Exchange, Promissory note, Draft, or Warrant for payment of money; any Endorsement on either any Acquittance or Receipt of money, Policy of Insurance, Certificate, Seals, Stamps, License, Registry, Record, Contracts or order for the delivery of goods or money, whereby another is or may be prejudiced, and with intent to defraud another, as 155. Making a second deed and antedating it, with intent to make it wrongfully prevail against a former deed. 156. Making a fraudulent insertion, alteration, or erasure in any true instrument after or even before it is executed. 157. Altering the date to accelerate payment, or increase the amount of a Bill of Exchange or Promissory note. 158. Expunging an Endorsement. 159. Affixing a false Signature, Acceptance, or Endorsement, on a Bill of Exchange, although by a person of the same name as the person indicated, with intent to defraud. 160. Introducing writing in a blank space over a true sig nature with intent to defraud. 161. Making a wilfully false minute or record of facts by a public officer, in an official paper, to the prejudice of any person. Solitary impt. 4 to 52 weeks. FIRST COLUMN. 162. Counterfeiting any Deed, Will, Testament, Bond, Writing obligatory, Bill of Exchange, Promissory note or Draft or Warrant for payment of money. 163. Counterfeiting or falsifying any public warrants, orders, or notes for payment of money or certificates of public stock. 164. Counterfeiting or falsifying any public Stamps or Dies. 165. Having in possession any such counterfeit or falsified Instruments, Stamps, or Dies, without satisfactory excuse. 166. Uttering any such Instruments or any Impressions from such stamps or dies, or applying any of them in any way to the prejudice of the State or of any individual. 167. Gaining undue possession of any Public Seal, Stamp, or Die, and using the same to the prejudice of the State or of any individual. 168. It is essential to the offence of Forgery, that the forged instrument should have the appearance, to common observers, of a valid instrument; but the instrument is not the less a forgery, although if genuine, it were voidable, as a Will shewing only two witnesses where the law requires three, or a Will made in the life-time of the alleged testator, or even if it were void as a note or draft where the parties are fictitious. It is sufficient in the latter case, that the instrument assumes that the parties are real, and that it imports the right on the part of the drawer to direct such a transfer of his property. COINING. 169. Counterfeiting the legal coin of the realm. 170. Having in possession any such counterfeit coin, or materials for making the same, without satisfactory ex cuse. 171. Uttering counterfeit coin knowingly. SECOND COL. Transportation, or hard labor for life. Death. Transportation or hard labor for life. Transportation, or hard labor for life. Transportation, or hard labor for life. tion, or hard Transportalabor for life. Death. Transportation, or hard labor for life. Solitary impt. 4 to 52 weeks. [To be continued.] |