same, be sentenced to imprisonment not less than ten days nor more than one year. section school SEC. 2677. Whoever shall knowingly use, cultivate or inclose Using, etc., any free school land, known as the sixteenth section, without any sixteenth authority from the parish board of school directors, shall on con- land. viction thereof be condemned to pay a fine of not less than fifty nor more than one thousand dollars, and in default of the same, be sentenced to imprisonment not less than ten days nor more than one year. 820-SEC. 2678. It shall not be necessary in any indictment or in- 1855–130. formation for violations of the three preceding sections to charge indictment and the particular section or quarter section on which the offense was proof thereof. cominitted, but it shall suffice to allege the township only, and if proof is, that the act was committed on swamp or overflowed land, the presumption shall be that it belongs to the State; the bur den of proof being on the defendant that it was not the property of the State. Allegations in ses+ion. arms on planta 52/ SEC. 2679. It shall not be lawful for any person or persons to 1865-14, extra carry fire-arms on the premises or plantations of any citizen, with- Penalty for out the consent of the owner or proprietor, other than in the law. carrying fire. ful discharge of a civil or military order; and any person or per- tions. sons so offending shall be fined a sum not less than one dollar, nor more than ten dollars, or imprisoned not less than one day, nor more than ten days in the parish jail, or both, at the discretion of any court of competent jurisdiction. session. without consent 822 SEC. 2680. Whosoever shall enter upon any plantation with- 1865-16, extra out the permission of the owner or agent, shall be deemed guilty Entering upon of a misdemeanor, and shall be liable to be arrested and brought plantation before any court of competent jurisdiction, and upon proof of of the owner. the fact shall be fined in a sum not exceeding one hundred dollars, or imprisoned for a term not exceeding one month, and may moreover be required to give bond for good behavior during six months. suance of ware SEC. 2681. Any person or persons who may issue warehouse 1876–114. receipts for any property of any kind whatsoever not actually in Improper istheir possession and under their entire control, shall be and are house receipts. hereby made liable for the market value of any and all property for which they may have issued such false receipts, and shall furthermore be liable to criminal prosecution as having aided and abetted in obtaining money under false pretences. warehouse re making the proper affidavit SEC. 2682. Parties who may borrow money on the faith of Borrowing warehouse receipts, representing property in store, shall file money, etc., on their affidavit with the pledgees that such property is theirs, the ceipts without pledgers' personal property, or that it is the property of some party for whom the pledger is acting as agent, factor, commission merchant, or in any other fiduciary capacity, and that said party is justly and truly indebted to the pledger in an amount equal in value to the value of the property pledged, as specified in the warehouse receipt, for moneys paid to him, or paid by his order and for his account by the party or consignee making the pledge. The cashier of a bank or the secretary of an insurance company incorporated or working under any law in the United States or of this State, is hereby authorized to administer the oath contemplated under the provisions of this section. Any deviation therefrom shall render the party or parties so deviating liable for 1868-193. No warehouse receipts to be given for arti control of wharfinger. the value of the property, or any excess in value over and above the amount for which it may have been pledged in any manner specified in section 1522, and to prosecution for perjury, and also for obtaining money under false pretences. SEC. 2683. No cotton-press, owner or lessee, wharfinger or other person shall issue any receipt or other voucher upon any cles unless in goods, wares, merchandise, grain, flour or other produce or commodity, to any person or persons, for money loaned or other indebtedness, unless such goods, wares, merchandise, grain, flour or other produce or commodity shall be, at the time of issuing such receipt, in the custody of such cotton-press owner, or lessee, wharfinger or other person, and shall be in store or upon the premises and under his control at the time of issuing such receipt or other voucher, as aforesaid. No duplicate warehouse receipts to issue without the No cotton-press fowner or lessee, wharfinger or other person shall issue any second or duplicate receipt for any goods, wares, merchandise, grain, flour or other produce or commodity, while word dupli any former receipt for any such goods, wares, merchandise, grain, flour or other produce or commodity, as aforesaid, or any part thereof, shall be outstanding and uncanceled, without writing across the face of the same, "duplicate." cate" across the face. Goods, etc., not to be sold, shipped, etc., incumbered, by the ware No cotton-press owner or lessee, wharfinger or other person shall sell or incumber, ship, transfer, or in any manner remove or permit to be shipped, transferred or removed beyond his control, house keeper or any goods, wares, merchandise, grain, flour or other produce or commodity, for which a receipt shall have been given by him, as the written as aforesaid, whether received for storing, shipping, grinding, sent of the per manufacturing or other purpose, without the written assent of warehouse re the person or persons holding such receipt. person in charge withcut son holding the ceipt. Not to give shipping receipts or bills the goods are actually de livered. No master, owner, or agent of any boat or vessel of any description, forwarder, or officer or agent of any railroad transfer or of lading unless transportation company, or other person, shall sign or give any bill of lading, receipt or other voucher or document, for any merchandise or property by which it shall appear that such merchandise or property has been shipped on board of any boat, vessel, railroad car or other vehicle, unless the same shall have been actually shipped and put on board, and shall be, at the time, actually on board, or delivered to such boat, vessel, car, or other vehicle, to be carried or conveyed, as expressed in said bill of lading, receipt or voucher or document. render and can original bill of lading. Cotton press receipts given for any goods, wares, merchandise, No property to be delivered grain, flour or other produce or commodity stored or deposited except on sur- with any cotton-press, wharfinger or other person, or any bill of cellation of the lading given by any forwarder, boat, vessel, railroad, transportation or transfer company, may be transferred by indorsement thereon, and any person to whom the same may be transferred shall be deemed and taken to be the owner of the goods, wares, merchandise, grain, flour or other produce or commodity therein specified, so far as to give validity to any pledge, lien or transfer made or created by such person or persons; but no property shall be delivered except on surrender and cancellation of said original receipt or bill or lading with the indorsement of such delivery thereon; in case of partial delivery, all cotton-press receipts or bills of lading, however, which shall have the words "Not negotiable" plainly written or stamped on the face thereof, shall be exempt from the provisions of this section. So much of this section as forbids the delivery of property except on surrender and cancellation of the original receipt or bill of lading or the indorsement of such delivery thereon in case of partial delivery, shall not apply to property replevied or removed by operation of law. provisions. Penalty for merchants, ete. 23- Any cotton-press owner, wharfinger, forwarder or other per- Penalty for son who shall violate any of the provisions of this section shall violation of a be deemed guilty of a criminal offense, and upon indictment and conviction shall be fined in any sum not exceeding five thousand dollars, or imprisoned in the penitentiary of this State not exceeding five years, or both. And all and every person or persons aggrieved by the violation of any of the provisions of this section may have and maintain an action at law against the person or persons, corporation or corporations violating any of the provisions of this section, to recover all damages, immediate or consequential, which he or they may have sustained by reason of any such violation as aforesaid, before any court of competent jurisdiction, whether such person or persons shall have been convicted of fraud as aforesaid under this section or not. St SEC. 2684. If any commission merchant, agent or other per- 1868-193. son, storing or shipping any goods, wares, merchandise, grain, defalcation of flour or other produce or commodity in his own name, being in commission the possession thereof for or on account of another party, and negotiating, pledging, or hypothecating the cotton-press receipt or bill of lading received therefor, shall not account or pay over to his principal or owner of the property the amount so received on such negotiation, pledge or hypothecation, he shall be adjudged guilty of fraud, and upon indictment and conviction thereof shall be fined in a sum not exceeding five thousand dol lars or punished by imprisonment in the penitentiary of the State for a term not exceeding five years, or both. 845 SEC. 2685. Whosoever shall purchase goods, wares, merchan- 1868–193. dise or other commodity for cash, and shall sell, hypothecate or Penalty for purchasing pledge the same to another, and use the proceeds thereof for any goods with inpurpose other than the payment of the seller or vendor, with tent to defraud. intent to cheat or defraud such seller or vendor, or whoever shall conceal, ship or otherwise make way with, or deliver to another any goods, wares, merchandise or other commodity so purchased, without paying for the same, with intent to cheat or defraud the seller or vendor; or whoever shall conceal, ship or otherwise make way with, or deliver to another, any goods, wares, merchandise or other commodity so purchased, without paying for the same, with intent to cheat or defraud the seller or vendor thereof, shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment in the penitentiary for a term not exceeding five years, or by both such fine and imprisonment. 824 SEC. 2686. Whoever shall willfully, maliciously or wantonly 1858-150. injure or deface any dwelling-house, store-house, or other build- trespass on ing or buildings, or any fence, wall or inclosure, or any other buildings. property belonging to another, in any manner, shall be deemed guilty of a trespass, and, on due conviction thereof, shall suffer fine or imprisonment, or both, at the discretion of the court. Penalty for 1857-38. Penalty for 828 SEC. 2687. Whoever shall be convicted of having unlawfully breaking seals. broken any seal or seals, placed on the effects, doors, trunks, drawers, or any place or thing containing effects or property of any deceased person, by any notary public, recorder or justice of the peace, shall be imprisoned, with or without hard labor, not exceeding two years, and fined in a sum not exceeding one thousand dollars, at the discretion of the court. 1857-45. Penalty for malicious mischief. Penalty for 29 SEC. 2688. If any person shall unlawfully and maliciously cut, break or damage, with intent to destroy or render useless, any chattel, property, or furniture of any description, then being in any house of any description; or shall enter any house of any kind, with malicious intent to cut, break, damage, destroy, or render useless any chattel, property or furniture of any kind, such offender, on conviction thereof, shall suffer fine not exceeding five hundred dollars and imprisonment not exceeding one year, at the discretion of the court. 30 SEC. 2689. Any person who shall willfully commit depreda depredations on tions on public buildings, monuments, statues, grounds or any public buildIngs, etc. other property belonging to the public, shall, on conviction thereof before a competent tribunal, suffer imprisonment for not more than two years in the jail of the parish where such offense is committed. 1861-192. Prohibiting the breaking of the gates, etc. on public works 1855-130. Receiving stolen goods. 1855-130. SEC. 2690. It shall be unlawful for any person or persons to molest, break or injure in any manner any gates, locks or dams on the public works belonging to the State of Louisiana, or to any parish or corporation in said State. Any person convicted of violating the provisions of this section shall be fined in a sum not exceeding one thousand dollars, or imprisoned for not more than six months in the parish jail, or both, at the discretion of the court. 832 SEC. 2691. Whoever shall receive or buy any goods or chattels that shall be feloniously taken or stolen from any other person, knowing the same to have been so taken or stolen, shall restore the goods so received, or pay double the value thereof, and shall moreover suffer imprisonment at hard labor, not exceeding one year, and in default of making the restoration or payment aforesaid, shall suffer further imprisonment at hard labor, for a period not exceeding one year. SEC. 2692. Whoever shall receive, harbor or conceal any Harboring a thief, knowing him or her to be a thief, shall suffer imprisonment at hard labor not exceeding one year. thief. 1878-268, extra Session. Penalty against pur chasing military property of the State. Penalty ing military . SEC. 2693. Any person who shall purchase, retain or have in custody or in possession, without proper authority, any military property belonging to the State, and who shall, after proper demand, refuse to deliver the same to any officer authorized to take possession thereof, shall be deemed guilty of a misdemeanor, and liable to a penalty of not less than ten nor more than one hundred dollars, or imprisonment not less than ten days nor more than ninety days, or both, at the discretion of the court having competent jurisdiction. SEC. 2694. Any person belonging to the military forces of the against retain State, who shall, contrary to the lawful order of the proper officer, retain in his possession or control any military property rary to orders. of the State, shall be liable to an action to recover the possession property con thereof, and to pay a fine of not less than ten nor more than one Allegations of indictments......2698 by president, cashier, etc...2699 Treasurer or fiscal agent fail- Embezzlement for tax collector to fail to pay over immediately Officials diverting special tax ... ...2704 ing deposits or assenting to EMBEZZLEMENT AND BREACH OF TRUST. Embezzle money. SEC. 2695. Any officer of this State, or any other person who shall convert to his own use, in any way whatever, or shall use, ment of public by way of investment in any kind of property or merchandise, or shall loan, with or without interest, or use in any other manner than as directed by law, any portion of public money which he is authorized to collect, or which may be intrusted to safe keeping or disbursement, or for any other purpose, shall be guilty of an embezzlement of the same. The neglect or refusal to pay over, on demand, any public money in his hands, in manner required by law, shall be prima facie evidence of its conversion and embezzlement; and any officer or other person, and all persons advising, or knowingly and willfully participating in such embezzlement, shall, upon conviction thereof, pay a fine equal to the amount of money embezzled, besides restoring the same; and shall be imprisoned at hard labor not less than six months nor more than five years. 9046 905 Penalty for embezzling the funds of any parish or city. breaches of SEC. 2696. The provisions and penalties of the preceding section shall extend to all officers or other persons, their aiders and abettors, who shall embezzle the funds belonging to any parish or incorporated city, with the collection, safe keeping or disbursement of which they may be intrusted or charged. SEC. 2697. Any servant, clerk, broker, agent, consignee, Embezzletrustee, attorney, mandatary, depositary, common carrier, bailee, ments and curator, testamentary executor, administrator, tutor, or any trust. person holding any office or trust under the executive or judicial authority of this State, or in the service of any public or private corporation or company, who shall wrongfully use, dispose of, conceal or otherwise embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading, or any other property which he shall have received for another, or for his employer, principal or bailor, or by virtue of his office, trust or employment, or which |
