shall be deemed and adjudged to be an embezzlement of so much of such moneys as shall be thus taken, converted, invested, used or loaned, which is hereby declared to be felony; and the neglect or refusal to pay over on demand any public moneys in his hands upon the presentation of a draft, or order or warrant, drawn upon him by the proper officer, or any officer authorized by law, and signed by such officer, or to transfer, or disburse, any such moneys, promptly according to law, on the legal requirement of any officer authorized to make such requirement, shall be prima facie evidence of such conversion to his own use of the public moneys as may be in his hands. All persons advising, or knowingly or wilfully participating, in such embezzlement, upon being convicted thereof, before any court of this Territory, of competent jurisdiction, shall, for every such offence, forfeit and pay to the Territory, a fine equal to the amount embezzled, and shall suffer imprisonment in the Territorial prison for a term not less than two years, nor more than ten years.

SEC. 71. Every person who shall fraudulently or maliciously tear, burn, efface, cut, or in any way destroy any debt, lease, bond, will or any other writing sealed, or any bank bill, or note, check, warrant or certificate, for the payment of money or other thing, or the delivery of goods, or any certificate, or other public security of this Territory, or of the United States, or any State or Territory, for the payment of money, or any receipt, acquittance, release or defeasance, discharge of any debt, suit or other demand, or any transfer, or assurance of money, stock, goods, chattels, or other property, or any letter of attorney, or other power, or any daybook, or other book of account, or any agreement or contract whatsoever, with intent to defraud, prejudice, or injure any person, or body corporate, shall, upon conviction thereof, be punished by imprisonment in the Territorial prison, for a term not less than one year, nor more than five years.

SEC. 72. Every person who shall wilfully or maliciously remove any monument of stone, wood, or other durable material, erected for designating the corner, or other point, or any post or stake fixed or driven into the ground for the purpose of designating a point in a boundary of any lot or tract of land, or alter the marks on any tree, post, or other monument, made for the purpose of designating any point, course, or line, in the boundary of any lot

1

or tract of land, or shall cut down or remove any tree upon which any such marks shall be made for such purpose, with the intent to destroy such marks, shall, upon conviction, be adjudged guilty of a misdemeanor, and punished by a fine not less than one hundred, nor more than two thousand dollars, or by imprisonment in the county jail, for a term not less than one month, nor more than one year.

SEC. 73. If any clerk, apprentice or servant, or any other person, whether bound or hired, to whom any money, or goods or chattels, or other property, shall be entrusted by his master or employer, shall withdraw himself from his master or employer, and go away with the money, goods, chattels, or other property, or any part thereof, with intent to steal the same and defraud his master or employer thereof, contrary to the trust and confidence in him reposed by his said master or employer, or being in the service of his said master or employer, shall embezzle the said money, goods or chattels, or property, or any part thereof, or otherwise shall convert the same to his own use, with like purpose to steal the same, every person so offending shall be punished in the manner prescribed by law for feloniously stealing property of the value of the articles so taken, embezzled or converted.

SEC. 74. If any bailee of any money, goods, or property, shall convert the same to his own use, with intent to steal the same, he shall be guilty of grand or petit larceny, according to the amount of the money, or value of the goods, chattels, or property so converted, in the same manner as if the original taking had been felonious, and on conviction thereof, shall be punished accordingly.

SEC. 75. If any lodger shall take away, with intent to steal, embezzle, or purloin, any bedding, furniture, goods, or chattels, which he is to use in or with his lodging, he shall be deemed to be guilty of grand or petit larceny, according to the value of the property so taken, and on conviction, shall be punished accordingly.

CHAPTER VII.

FORGERY AND COUNTERFEITING.

SEC. 76. Every person who shall falsely make, alter, forge, or counterfeit, any record or other authentic matter of a public nature or character, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for money or property, power of attorney, any auditor's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or receipt for money or goods, or any acquittance, release, or discharge of any debt, account, suit, action, demand, or other thing, real or personal, or any transfer of assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate real or personal, or any acceptance or indorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note for money or other property, or shall counterfeit or forge the seal or handwriting of another, with an intent to damage or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in or belong to this Territory or not, or shall utter, publish, pass, or attempt to pass, as true and genuine, any of the above named false, altered, forged, or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged or counterfeited, with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in this Territory or not, every person so offending shall be deemed guilty of forgery, and upon conviction thereof, shall be punished by imprisonment in the Territorial prison for a term not less than one year, nor more than fourteen years.

SEC. 77. Every person who shall counterfeit any of the species of gold or silver coin now current or that shall hereafter be current in this Territory, or shall pass or give in payment such counterfeit coin, or permit, cause or procure the same to be uttered, or passed, with intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeited, shall be deemed guilty of counterfeiting, and upon conviction thereof, shall be punished by imprisonment in the Territorial prison, for a term not less than one year, nor more than fourteen years.

SEC. 78. Every person who shall have in his possession, or 34 Cal 187 receive for any other person, any counterfeit gold or silver coin or

coins of the species now current or hereafter to be current in this Territory, with intention to utter or pass the same, or permit, cause or procure the same to be uttered, or passed, with intent to defraud any person or persons, body politic or corporate, knowing the same to be counterfeited, and being thereof duly convicted, shall be punished by imprisonment in the Territorial prison, for a term not less than one year, nor more than fourteen years.

SEC. 79. That every person who shall knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited, upon any goods, wares or merchandise, the private stamps or labels of any mechanic or manufacturer, with intent to defraud the purchasers or manufacturers of any goods, wares or merchandise whatsoever, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term not exceeding six months, or by a fine not less than three hundred nor more than six hundred dollars.

SEC. 80. That any person who shall sell any goods, wares or merchandise, having thereon any forged or counterfeited stamps or labels, purporting to be stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail, for a term not exceeding six months, or by a fine not less than three hundred dollars, nor more than six hundred dollars.

SEC. 81. Every person who shall have in his possession, or shall receive from any other person, any forged promissory note or notes, or bank bill or bills, for the payment of money or property,

with intention to pass the same, or procure the same to be uttered, or passed, with intent to defraud any person or persons, body politic or corporate, whether such person or persons, body politic or corporate, reside in or belong to this Territory or not, knowing the same to be forged or counterfeited, or shall have and keep in his possession any blank or unfinished note or bank bill made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to filled up and completed, in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered and passed, to defraud any person or persons, body politic or corporate, whether in this Territory or elsewhere, shall, on conviction thereof, be punished by imprisonment in the Territorial prison, for a term not less than one year nor more than fourteen years.

SEC. 82. Every person who shall make, pass, utter, or publish, with an intention to defraud any other person or persons, body politic or corporate, either in this Territory, or elsewhere, or with the like intention shall attempt to pass, utter, or publish, or shall have in his possession with the intention to utter, pass, or publish any fictitious bill, note or check purporting to be the bill, note or check, or other instrument in writing for the payment of money or property of some bank corporation, copartnership, or individual, when in fact there shall be no such bank, copartnership, or individual in existence, the said person knowing the said note, bill, check, or instrument in writing for the payment of money or property, to be fictitious, shall be deemed guilty of forgery, and on conviction thereof shall be punished by imprisonment in the Territorial prison for a term not less than one nor more than fourteen years.

SEC. 83. Every person who shall make, or knowingly have in his possession, any die or dies, plate or plates, or other thing whatever made use of in counterfeiting the coin now made current, or hereafter to be made current in this Territory, or in counterfeiting bank notes or bills, upon conviction thereof, shall be punished by imprisonment in the Territorial prison for a term not less than one year nor more than fourteen years; and all such dies, plates, apparatus, paper, metal or machine intended for the purpose aforesaid, shall be destroyed.