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Catching

shell

bridge, and a fine, not exceeding seven dollars, for the use of the treasury of the county in which such bridge is situated.

SECT. 43. Every person, who shall catch any shell fish that may fish on bridges. grow on the stone or wooden work of any bridge, or on any stone or wood placed to preserve the same, without the liberty of the town, corporation, or proprietors, owning such bridge, first obtained in writing, shall pay a fine, not exceeding seven dollars, for the use of the treasury of the county in which the acts complained of are committed.

1847. 1857. Injury to trees on public squares.

1849. Tearing down public trees.

SECT. 44. Every person, who shall cut down, pull up, girdle, or otherwise injure or destroy, any tree growing on any public square or grounds, without the consent of the city or town where the same are situated; or, shall willfully and maliciously injure the fences, or herbage of any such public square or grounds, shall pay a fine, not exceeding the sum of fifty dollars.

SECT. 45. Every person, who shall willfully and maliciously tear down, remove, or deface any notice which, in compliance with the directions of the law, shall be set upon any public sign-post, or other place, shall be punished by a fine, not exceeding seven dollars.

CHAPTER IV.

OF OFFENSES AGAINST PRIVATE PROPERTY.

Arson.

Burning vessel, office, &c.

1859.

SECT. 46. Every person, who shall commit arson, shall suffer imprisonment in the Connecticut state prison, for a term not less than seven nor more than ten years.*

*

SECT. 47. Every person, who shall wilfully burn any ship, or other vessel; any office, store, shop, warehouse, mill, distillery, brewery, or manufactory; or any barn, stable, or other outhouse, not parcel of any dwelling-house, the same being the property of another, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than five years; and if either of the buildings burned as aforesaid shall adjoin any dwelling-house, or be so near and contiguous thereto, that the burning of such building shall, or may, endanger the burning of such dwelling-house, the offender, instead of the foregoing punishment, shall suffer imprisonment in the Connecticut state prison, for a term not less than seven nor more than ten years.

SECT. 48. Every person, who shall willfully burn any barn, stable, Burning barn, or other outhouse, in which any horses or neat cattle are stabled or kept, the same being the property of another, shall suffer imprison

stable, or cattle

house.

* Burning of school-house, arson. State v. O'Brien, 2 Root, 516. Effect of misapplication of testimony in an information containing two counts. State v. Stewart, 6 C. R. 47. In an information for arson, proof that the building burned was the property of another, indispensable. State v. Lyon, 12 C. R. 487.

Burning of house never occupied as dwelling-house, although built for the purpose of being so occupied, is not arson. State v. McGowan, 20 C. R. 245. Otherwise, if house has been so occupied, though burning take place in temporary absence of occupant. Same.

Dwelling-house, consisting of two tenements, how described. State v. Toole, 29 C.

R. 342.

ment in the Connecticut state prison, for a term not less than two nor more than ten years.

one's

with intent to de

SECT. 49. Every person, being the owner or tenant of any house, Burning outhouse, office, store, shop, warehouse, mill, distillery, brewery, or own house, &c., manufactory, who shall willfully burn the same, with intent thereby fraud insurers. to defraud or prejudice any person, or body politic, or corporation, which has underwritten any policy of insurance thereon; or upon any goods, wares, or merchandise therein, shall suffer imprisonment in the Connecticut state prison, for a term not less than seven nor more than ten years.

defraud insurers.

SECT. 50. Every person, being the owner of, or the captain, mas- Destroying vester, officer, or mariner, belonging to, any ship, or vessel, who shall sel, with intent to willfully cut away, burn, or otherwise destroy, the ship, or vessel of which he is owner, or to which he belongs, with intent thereby to defraud, or prejudice, any person, or body politic or corporate, which has underwritten any policy or policies of insurance thereon, or on the cargo thereof, or any merchant who has laden goods therein, or any owner or owners of such ship or vessel, shall suffer imprisonment in the Connecticut state prison, for a term not less than seven nor more than ten years.

SECT. 51. Every person, who shall commit burglary, shall suffer Burglary. imprisonment in the Connecticut state prison, for a term not more than five years.*

to commit theft,

SECT. 52. Every person, who shall, in the night season, break and Breaking store, enter the store, shop, warehouse, or outhouse, of another, whether it then parcel of any mansion-house or not, wherein goods, wares, or mer- &c. chandise, are deposited, with intent to commit theft, or any crime punishable by imprisonment in the Connecticut state prison, shall suffer imprisonment in the Connecticut state prison, for a term not more than four years.†

Attempt to break

SECT. 53. Every person, who shall, in the night season, attempt 1853. to break and enter the dwelling-house of another, or the store, bank- house, store, &c. ing-house, shop, warehouse, or outhouse of another, or office or public building, whether parcel of any mansion-house or not, wherein goods, wares, or merchandise are deposited, with intent to commit theft, or any crime punishable by imprisonment in the Connecticut state prison, shall suffer imprisonment in the Connecticut state prison, for a term not more than two years.

1830.

SECT. 54. Every person, who shall break and enter the dwelling- Breaking dwellhouse of another, in the day time, any person being therein, and ing-house in day being thereby put in fear or dread, with intent to commit theft time, &c. therein, or any offense punishable by imprisonment in the Connecticut state prison, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than four years.

dows, &c., in

SECT. 55. Every person, who shall in the night season, maliciously Breaking winand willfully break any window or door, in any dwelling-house in night season. which any family resides, shall be punished by fine, not exceeding one hundred dollars, or by imprisonment in a common jail, not exceeding six months, or by such fine and imprisonment both.

Burglary an offense at common law. State v. Hanson, 1 Root, 59.

This offense may be committed in cabin of vessel. State v. Humphrey, 1 Root, 63; State v. Carrier, 5 Day, 131: Also in barn. State v. Brooks, 4 C. R. 446. Also in a banking house. Wilson v. State, 24 C. R. 57. But not in school-house. State v. Bailey, 10 C. R. 144. Information must contain an allegation, that the acts were done in the night season. Lewis v. State, 16 C. R. 32.

57.

Burglary and larceny may be committed at the same time. Wilson v. State, 24 C. R.

1852.

Breaking windows, &c.

Horse stealing.

Stealing from the person.

Simple theft.

Receiving stolen goods.

SECT. 56. Every person, who shall maliciously and willfully break any window or door, or otherwise injure any dwelling-house, barn, or other building, shall be punished by fine not exceeding one hundred dollars, or by imprisonment in a common jail not exceeding six months, or by such fine and imprisonment both.

SECT. 57. Every person, who shall steal any horse in this state, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than five years, and shall also pay to the owner of such horse treble the yalue thereof, to be recovered by action founded on this statute.*

SECT. 58. Every person, who shall steal, from the person of another, any money, goods, or chattels, or any bill issued by any incorporated bank, or national banking association, in this state, or in the United States, or any deed, lease, indenture, bond, writing obligatory, bill of exchange, promissory note, warrant, or order for the payment of money or delivery of goods, receipt, or discharge, or any book account, or other writing, being evidence of debt, adjustment, or settlement whatever, shall suffer imprisonment in the Connecticut state prison, for a term not less than two nor more than five years.

SECT. 59. Every person, who shall steal any money, goods, or chattels, or any bill or bills, issued by any incorporated bank or national banking association, in this state, or in the United States, or any deed, lease, indenture, bond, writing obligatory, bill of exchange, promissory note, warrant, or order for the payment of money or delivery of goods, receipt, or discharge, or any book account, or other writing, being evidence of debt, adjustment, or settlement whatever, if the value of the property so stolen shall exceed the sum of fifty dollars, shall suffer imprisonment in the Connecticut state prison, for a term not exceeding five years; if the value of the property so stolen shall not exceed the sum of fifty dollars, but shall exceed the sum of fifteen dollars, such offender shall pay a fine, not exceeding one hundred dollars, and suffer imprisonment in a common jail, not exceeding six months; and if the value of the property so stolen shall not exceed fifteen dollars, then the offender shall pay a fine, not exceeding seven dollars, and may be imprisoned, for a term not more than thirty days; and such offender, in either of the cases aforesaid, shall also forfeit and pay to the owner of the property so stolen, treble the value thereof, to be recovered by action founded on this statute.t

SECT. 60. Every person, who shall receive and conceal any stolen goods, articles, or things, knowing them to be stolen, shall be proceeded against as a principal, although the person or persons who committed the theft be not convicted thereof, and shall be tried before the same court, and punished in the same manner, as if he had been the principal, and shall also be liable to the owner of said stolen goods, as the principal would be liable.‡

The stealing of a horse in another state, and bringing it into this state, constitutes the crime of horse stealing in this state. State v. Ellis, 3 C. R. 185.

+What description of bank bills, in an information for theft, is sufficient. The owner of the property stolen is a competent witness. Salisbury v. State, 6 C. R. 101. When a person finding personal property, may be convicted of theft. State v. Weston, 9 C. R. 527.

To constitute larceny, the felonious intent must coincide, in point of time, with the act of taking. Ransom v. State, 22 C. R. 153.

When bailee may be convicted of larceny. State v. Fairclough, 29 C. R. 47. Evidence necessary in a suit to recover the treble value of the goods. Hall v. Brown, 30 C. R. 551.

The receiver of stolen goods may be prosecuted as principal.
C. R. 527.

State v. Weston, 9

Taking fruit and

SECT. 61. Every person, who shall, in the night season, willfully 1880. cut, sever, or take away from the lands of another, any fruit, or vegetables in vegetable production, growing or standing on such lands, shall be night season. punished by fine, not exceeding seven dollars, or by imprisonment in a common jail, not exceeding thirty days, or by such fine and imprisonment both.

fruit, &c.

SECT. 62. Every person, who shall willfully and maliciously cut, 1845. sever, or take away from the garden, or yard of another, any shrub, Taking away fruit, or vegetable production, growing or standing on said premises, shall be punished by fine, not exceeding seven dollars, or by imprisonment in a common jail, not exceeding thirty days, or by such fine and imprisonment both.

SECT. 63. Every person, who shall, in the night season, steal any Stealing poultry, turkeys, geese, ducks, hens, or other poultry, shall suffer imprison- &c. ment in a common jail, for a term not exceeding six months, or shall pay a fine, not exceeding fifty dollars, or be punished by such fine and imprisonment both.

1855.

tivated lands.

SECT. 64. Every person, who shall willfully and wrongfully enter upon the lands of another, and trample down or injure any grow. Trespass on culing grain, grass or lawn, shall be punished by a fine, not exceeding seven dollars, or by imprisonment in a common jail, or town or county work-house, not exceeding thirty days; or by such fine and imprisonment both.

Taking cranber

SECT. 65. Any person, who shall willfully and maliciously sever, 1864. or take away from the lands of another, any cranberries growing ries from the land and being thereon, shall be punished by a fine, not exceeding seven of another. dollars, or by imprisonment in a common jail, not exceeding thirty days, or by such fine and imprisonment both.

dead

water is used for

SECT. 66. Every person, who shall put any dead animal, or carcass, 1856. into any pond, spring, or reservoir, the waters of which are conveyed Thrown tog to any dwelling-house or building, to be used for culinary purposes, pond, &c., where and shall leave the same in such pond, spring or reservoir, shall be domestic purpunished by a fine not exceeding seven dollars, or by imprisonment poses, in a common jail not exceeding thirty days, or by such fine and imprisonment both.

1860.

exposed.

SECT. 67. Every person, who shall place any poison, or poisoned food, in any street, highway, or public place, or premises, other than Leaving poison those occupied by himself, shall be punished by fine, not exceeding fifty dollars, or by imprisonment in a common jail not exceeding three months, or by such fine and imprisonment both.

coal-tar, &c.

SECT. 68. Every person, who shall willfully and maliciously Injury to build. throw into, against, or upon any dwelling-house, office, shop, or other ings, by vitriol, building, or any vessel; or shall put therein or thereon any oil of vitriol, coal-tar, or any other noxious or filthy substance, with intent unlawfully to injure, deface or defile such dwelling-house, office, shop, building, or vessel, or any property therein, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in a common jail, not exceeding four months, or by such fine and imprisonment both.

ing.

SECT. 69. Every person, who shall willfully and maliciously Injury to cloththrow against, or upon any dress, garment, or clothing of any person, whether worn by and upon the person of the owner or not, or shall put or place thereon any oil of vitriol, or any other noxious or filthy substance, with intent unlawfully to injure or destroy such dress, garment, or clothing, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in a common jail

1858.

Taking valuable

not exceeding four months, or by such fine and imprisonment both.

SECT. 70. Every person, who shall take, or carry away any trout, Ash in ponds, &c. or other valuable fish, from any stream, pond, or reservoir, belonging to any other person, or corporation, without the consent of the owner of the land covered by, and adjoining such stream, pond, or reservoir, or without the consent of the agent of such corporation, if such land belong to a corporation, shall be punished by a fine not exceeding seven dollars.

1862. Taking or de

for breeding fish.

SECT. 71. Every person, who shall take or carry away any fish stroying fish in from any private pond, stream, preserve. or any other place made, ponds, &c., used constructed, or used, for the purpose of breeding or growing fish therein, without the consent of the proprietor of such pond, stream, preserve, or place, shall be punished by a fine not exceeding seven dollars, or by imprisonment in a common jail not exceeding thirty days, or by such fine and imprisonment both.

Malicious injury

to

used for breeding' fish.

SECT. 72. Every person, who shall wantonly and maliciously inponds, &c., jure, or destroy, any private pond, stream, preserve, or place, made, constructed, or used, for the purpose of breeding or growing fish therein, or shall do any act thereto, by which the fish are lost or escape from the same, shall be punished by a fine not exceeding twenty-five dollars, or by imprisonment in a common jail not exceeding three months, or by such fine and imprisonment both.

Placing poison,

&c.

SECT. 73. Every person, who shall place lime, or any deleterious &c., in fish ponds, or poisonous substance, in any stream, pond, reservoir, or in any of the waters of this state, for the purpose of taking or destroying the fish therein, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in a common jail not exceeding one year, or by such fine and imprisonment both.

1864.

Whitneyville

lake, &c.

SECT. 74. Every person, who shall take any fish from the WhitTaking fish in neyville lake or pond, or from any reservoir belonging to the New Haven water company, without the written permission of the directors of said company, shall be punished by a fine not exceeding seven dollars, or by imprisonment in a common jail, not exceeding ten days, or by such fine and imprisonment both.

1830.

&c., on fire, and

dams, machinery,

&c.

SECT. 75. Every person, who shall willfully and maliciously set Betting woods, on fire, or cause to be set on fire, any woods, or forest, or any stack injury to bridges, or stacks of hay, or grain, so as thereby to occasion injury to any fire engines, mill- other person; or shall willfully and maliciously break down, destroy, animals, cloth, or injure, any public bridge; or shall willfully and maliciously injure or destroy any fire engine or hose; or shall willfully and maliciously injure or destroy any mill-dam, or hydraulic works; or shall willfully and maliciously injure or destroy any machinery attached to any mill, manufactory, or steamboat; or shall willfully and maliciously kill, wound, or disfigure, any horse, ass, mule, or neat cattle, or administer any poison, or noxious substance, to any such horse, ass, mule, or neat cattle, with intent to kill, or injure the same; or shall willfully and maliciously cut, injure, or destroy, any woollen, cotton, linen, or mixed cloths, in any stage or process of manufacture, shall be punished by fine, not exceeding two hundred dollars, nor less than twenty dollars, or by imprisonment in a common jail, not exceeding six months, nor less than two months, or by such fine and imprisonment both.

1865.

Injuries to trees, fences, and vegetables.

SECT. 76. Every person, who shall willfully and maliciously cut down, girdle, injure, or render useless any ornamental tree, shade tree or shrub, or fruit tree standing upon the land of another, or on the public highway in front of said land, or shall willfully and

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