any article of merchandise, and returned so manufactured to the owner thereof, who shall willfully destroy, purloin, secrete, or in any way unlawfully appropriate the same to his own use, or the use of others, shall be punished by imprisonment in a common jail, for a term not exceeding six months; but nothing contained herein shall be construed to affect the right of lien, or the right of such bailee to retain possession of any such made up, or manufactured article, until compensated for labor and materials expended thereon.

Embezzlement

Embezzlement

SECT. 194. Every clerk, treasurer, cashier, book-keeper, or agent, 1854. while in the employment of any merchant or manufacturer, who by clerks, or shall, with intent to defraud and prejudice such merchant, or manu- others. facturer, or any other person, take, purloin, secrete, or in any way appropriate to his own use, or the use of others, any of the moneys, coins, bills, notes, credits or choses in action belonging to, or deposited with such merchant or manufacturer, or shall, with like intent, make in or upon any of the books of such merchant or manufacturer any false entry of moneys, coins, bills, notes, credits, or choses in action, shall pay a fine not exceeding one hundred dollars, or suffer imprisonment in a common jail, for a term not exceeding one year, or shall pay such fine, and suffer such imprisonment both. SECT. 195. Every clerk, treasurer, cashier, book-keeper, agent, or 1858. other person, in the employment of any individual, company, or cor- by; persons enporation, carrying on the business of transporting or forwarding gaged in transmoney, coin, bank bills, notes, credits, bills of exchange, choses in &c. action, goods, wares or merchandise, in this state, who shall, with intent to defraud and prejudice such individual, or company, or corporation, or any other person, take, purloin, secrete, or in any way appropriate to his own use, or to the use of others, any of the moneys, coins, bank bills, notes, credits, bills of exchange, choses in action, goods, wares, or merchandise belonging to, or in the care or custody of, or deposited with, such individual, company, or corporation, so engaged in the business of transportation or forwarding as above mentioned, or shall, with like intent, make, in or upon any of the books of such individual, company, or corporation, any false entry, shall suffer imprisonment in the Connecticut state prison, for a term not exceeding three years, or in a common jail, not exceeding one year.

porting money,

Embezzlement,

entries,

SECT. 196. Every president, director, treasurer, cashier, clerk, or 1862. agent, of any manufacturing or other company, incorporated by au- fraud, or making thority of this state, or organized and established under the pro-fasers or agents visions of an act concerning communities and corporations, who, of corporations. while in the employment of any such company, shall take, purloin, secrete, or in any way appropriate to his own use, or to the use of others, any of the goods, wares, moneys, coins, bills, notes, credits, or choses in action, belonging to or deposited with such company, with intent to defraud and prejudice such company, or any other person, or body politic or corporate, or who shall, with like intent, make, in or upon any of the books of such company, any false entry of goods, wares, moneys, coins, bills, notes, checks, or other choses in action, or of or concerning the capital stock, payments, receipts, profits, losses, credits, liabilities or inventory of such company, shall pay a fine not exceeding one hundred dollars, or suffer imprisonment in the Connecticut state prison not exceeding a term of five years, or shall pay such fine and suffer such imprisonment both.

1880. 1848.

SECT. 197. Every person, who shall willfully and designedly, by Obtaining goods by false precolor of any false token, pretense, or device whatever, obtain from

tenses.

1841.

tude of bills, or checks, &c.

any person or corporation, any money, goods, chattels, or other valuable thing, with intent to cheat or defraud any such person or corporation, shall be punished by a fine, not exceeding five hundred dollars, or by imprisonment in a common jail, not exceeding one year, or such fine and imprisonment both.*

SECT. 198. Every person, who shall willfully and designedly, Uttering and with intent to cheat and defraud another, utter or pass as money, passing as money, any false any false token made and executed after the general similitude of token, in simili- bills or checks of banking companies, banking associations, or corporations, intended as money, and purporting to have been issued by, or drawn upon, a banking company, banking association, or corporation which has no existence, or, if existing, has never authorized such drafts or checks thereon, or been furnished with funds for the payment thereof, and shall, by means of such false token, knowingly and fraudulently obtain from any other person any money, goods, merchandize, or other property, or any release or discharge of any debt or obligation, or the giving up of any promissory note or other evidence of debt, of any valuable thing whatever, shall be punished in the manner provided in the preceding section of this act, or shall suffer imprisonment in the Connecticut state prison, for a term not less than one, nor more than three years.

CHAPTER X.

Blasphemy.

Profane cursing and swearing.

1834.

Obscene publi cation.

OF OFFENSES AGAINST DECENCY AND MORALITY.

SECT. 199. Every person, who shall be guilty of blasphemy against God, or either of the persons of the Holy Trinity, or the Christian religion, or the Holy Scriptures, shall be punished by fine, not exceeding one hundred dollars, and by imprisonment in a common jail, not exceeding one year, and may also be bound to his good behavior at the discretion of the court.

SECT. 200. Every person, who shall swear rashly, vainly, or profanely, either by the holy name of God, or any other oath, or shall sinfully and wickedly curse any person, shall pay a fine of one dollar.t

SECT. 201. Every person, who shall print, bind, publish, import, sell, or offer for sale, or cause to be printed, bound, published, imported, sold, or offered for sale, any book, pamphlet, ballad, printed sheet, painting, print, drawing, or figure of any kind, of an obscene or licentious character, or aid or assist therein, or shall be engaged in etching, engraving, drawing, painting, cutting, carving, or making prints, or representations, of an obscene or licentious character,

*For construction of this section see State v. Rowley, 12 C. R. 101. A naked assertion may be a false pretense. State v. Penley, 27 C. R. 587.

+ Blasphemy was made a capital offense, and was punished with death, in the code of 1642, and remained so until the revision of 1784, when the penalty was changed to whipping on the naked body, not exceeding forty stripes, and sitting in the pillory one hour. In the revision of 1821, the present provisions were enacted.

Enacted in 1650. If the fine of one dollar was not paid, under that law, the offender was to be set in the stocks, not less than one nor more than three hours, and pay costs of prosecution. In 1821, the last provision was omitted.

As to what constitutes this offense, see Holcomb v. Cornish, 8 C. R. 375.

or causing the same to be done, shall pay a fine of not less than twenty dollars, nor more than three hundred dollars, or suffer imprisonment in a common jail, not less than sixty days, nor more than twelve months.

distributing ob

SECT. 202. Every person, who shall purchase or introduce into Purchasing and any family, college, academy, or school, any book, pamphlet, ballad, en books, &c. or other printed paper, containing obscene language, prints, or descriptions, shall forfeit, for every such offense, a sum not exceeding seven dollars.

1865.

deceased persons.

SECT. 203. Every person, who shall bury any deceased person within the distance of four feet from the surface of the ground, at Improper burithe place of interment, shall pay a fine not exceeding fifty dollars, or shall suffer imprisonment in a common jail, not exceeding thirty days, or shall pay such fine and suffer such imprisonment both. SECT. 204. Every person, who shall open the grave of any de- Disinterment of ceased person, or the tomb where the body of any deceased person has been deposited, or shall remove the body, or remains of any deceased person from his grave, or place of sepulture, for the purpose of dissection, or any surgical or anatomical experiments, or for any other purpose, without the consent of the near relatives of the deceased, or shall in any way aid, assist, or procure the same to be done, or shall receive, conceal, or secrete any such body, or shall aid or assist in any surgical or anatomical experiments, or demonstrations therewith, or dissections thereof, knowing said body to have been so taken or removed from the place of sepulture, shall pay a fine not exceeding two thousand dollars, nor less than two hundred dollars, and suffer imprisonment in the Connecticut state prison, not less than two, nor more than five years.

hibited, unless

bond.

SECT. 205. No professor, teacher, or lecturer, in any college, 1830. academy, school, or medical institution, shall perform any anatomi- Dissections procal or surgical experiment on the body of any deceased person professor gives whatever, in any building in which the students of such college, academy, school, or medical institution, are taught, or instructed, in medical science, until such professor, teacher, or lecturer, shall have first given bond, with sufficient surety, to the treasurer of the state, in the sum of one thousand dollars, conditioned that no body of any deceased person, which shall have been disinterred, or procured, contrary to the provisions of the preceding section, shall be introduced or brought within such building, during the time that he holds the office, or exercises the duties of professor, teacher, or lecturer, as aforesaid, in such college, academy, school, or medical institution, or elsewhere, in this state; and every such professor, teacher, or lecturer, or other person, who shall perform any anatomical or surgical experiments on the body of any deceased person, in any such building, without said professor, teacher, or lecturer, having first given bond as aforesaid, shall be punished by fine, not exceeding two thousand dollars, nor less than five hundred dollars.

tions may be in

SECT. 206. The mayor and two senior aldermen of any city, and Medical instituthe selectmen of any town in which such college, academy, school, spected. or medical institution, may be located, shall have authority, at all times, to enter and inspect every part of such building.

when given to

SECT. 207. The bodies of criminals who shall be confined in the Bodies of deConnecticut state prison for crimes, and who shall die in said prison, ceased convicts, and shall have no known relatives, shall, with the approbation of the anatomical prodirectors of said prison, be at the disposal of the professors of anat-fessors. omy and surgery in the medical institution in this state, to be used

Reward, offered, &c.

when

1888. Cruelty to ani. mals.

1845. Discharge of fire

Haven.

for the purpose of advancing medical science in this state, and shall at all times be subject to their order; and also the bodies of persons capitally punished, under sentence of the law, at the discretion of the court, before which the conviction of such persons take place.

SECT. 208. In all cases of violation of the two hundred and fourth section of this act, the governor, or the person exercising the office of governor, upon application of the selectmen of the town where such offense shall have been committed, shall offer a reward, not exceeding two hundred dollars, for the apprehension of any person, or persons, who shall have been guilty of the crimes, or either of them, in said section mentioned; and in case of the apprehension and conviction of such offender, or offenders, the comptroller of public accounts, upon the application of the governor, or the person exercising the office of governor, shall draw an order on the treasurer, for the amount of the reward thus offered, who shall pay the same.

SECT. 209. Every person, who shall wantonly and cruelly beat, or torture, any horse, ox, or other animal, whether belonging to himself or to another, shall be punished by a fine, not exceeding twenty-five dollars, or by imprisonment in a common jail, not exceeding thirty days.

SECT. 210. Every person, who shall fire any gun, or other firearms in New arm, within the limits of the city of New Haven, except on military occasions, without permissiou first obtained from the mayor of said city, shall pay a fine, not exceeding seven dollars, or be imprisoned in the county jail, not more than thirty days.

1846. Disturbance of religious and

SECT. 211. Every person, who shall keep any huckster's shop, booth, tent, wagon, or other carriage, for the sale of spirituous or other liquors, or any articles of provisions whatever, or shall sell, or expose to sale, in such huckster's shop, booth, tent, wagon, carriage, or in any other way, any spirituous or other liquors, or any articles of provisions whatever, within the distance of two miles from any public assembly convened for religious worship in the field, shall pay for every such offense a fine of seven dollars, to the use of the treasury of the town where such offense is committed; but nothing herein shall prevent any person, who shall be licensed to keep a house of public entertainment at the time said meeting shall be appointed, or any person who, at such time, shall be authorized to keep a victualing-house, according to the provisions of the statute law, from pursuing his usual and ordinary business, at the place where said business had been previously carried on; nor the committee of any camp-meeting, or assembly convened for religious worship in the field, from making such arrangements for the sale of such necessary provisions, as they may deem expedient for the accommodation of persons attending such meetings; and no person selling such necessary provisions, by consent of any such committee, shall be liable to the penalties provided in this section.

any

SECT. 212. Every person who, either on the Lord's day, or at other time, shall willfully interrupt, or disturb, any assembly of other meetings. people met for the public worship of God, or for the promotion of any moral or benevolent object, shall pay a fine, not exceeding thirty-four dollars, nor less than one dollar.

Informing officer

SECT. 213. Sheriffs, constables, grand jurors, or tything-men, to arrest on view. upon view, and without warrant, shall apprehend every person violating the two next preceding sections, and carry him before the next justice of the peace, that he may be dealt with according to

law; and the justice of the peace, before whom such person is brought, shall, on the oath of the officer apprehending him, issue a warrant, and cause him to be arrested, and shall proceed to a hearing and trial of such matter of complaint.

1857.

Interrupting or

schools.

SECT. 214. Every person who shall, at any time, willfully interrupt or disturb any district school, or any public, private, or select disturbing school, while the same is in session, shall pay a fine not exceeding seven dollars, nor less than one dollar, or shall suffer imprisonment in a common jail not exceeding thirty days, or shall pay such fine and suffer such imprisonment both.*

CHAPTER XI.

OF THE CRIMINAL JURISDICTION OF THE COURTS.

1848.

SECT. 215. Every justice of the peace, in any court holden by him in the county for which he may be appointed, shall have juris- Jurisdiction of diction and cognizance of all offenses and crimes punishable by fine, peace. not exceeding seven dollars, or punishable by ímprisonment in a common jail, not exceeding thirty days, or punishable by such fine and such imprisonment both; and in all such cases said justice of the peace may proceed to trial, render judgment therein, and grant

in their opinion,

punishment.

a warrant for the execution thereof, according to law. And when- Duty of justices ever any complaint, for any criminal matter, shall be brought before when the offense, a justice of the peace, in which the punishment provided by law requires a greater may exceed a fine of seven dollars, and an imprisonment for thirty days, and may be less than such fine and imprisonment, such justice of the peace may proceed to hear and try the same; and in such cases, if, in the opinion of said justice, no greater punishment than a fine of seven dollars, and an imprisonment for thirty days, ought to be imposed, said justice may render judgment therein, not exceeding said fine and imprisonment, and grant a warrant for the execution of the same; but, if, in the opinion of said justice, such offense is of so aggravated a nature as to require a greater punishment, the accused shall be bound over to the next superior court, to answer thereto as is provided in the next succeeding section of this act. But in all cases, the person charged with any offense, and Right of appeal convicted by any such justice of the peace, may appeal from the from Judgment judgment of such justice of the peace, to the superior court next to peace. be holden in the county where such justice court may have been holden, except when the conviction shall be of the crimes of profane cursing and swearing, and sabbath breaking, and when otherwise provided by law; but upon such appeal he shall give such bond of recognizance, with surety, as said justice shall order, to the treasurer of the state, conditioned for his appearance before said superior

*This section includes singing schools. State v. Gager, 26 C. R. 607. What constitutes a school. State v. Gager, 28 C. R. 232.

of justices of the