misdemeanor, and, being thereof convicted, shall be sentenced to pay such fine, not exceeding one thousand dollars, or to such imprisonment, not exceeding one year, as the court, in their discretion, may think proper to impose.

Moyer v. Commonwealth, 1848, 7 Barr, 440.-The design [of the Acts of 1824 and 1833] was to prevent trespasses on wild lands.

No greater certainty of description in an indictment under those acts is required than is necessary in an action of trespass, or in a declaration in ejectment at the common law.

Commonwealth v. George Hoover and John Martin, 1811, 1 Browne's R., Appendix, XXVIII.—What must be charged in an indictment for cutting timber contrary to the statute.

O'Reilly v. Shadle, 33 Penn. St. R., 489; Houstin v. Sims, 12 Penn. St. R., 195; Commonwealth v. Bechtal, 1 Am. L. J., 414.

XXVII. REMOVING OR DESTROYING LANDMARKS.

Act 31 March, 1860, Sec. 153, P. L., 419.-If any person shall knowingly and maliciously cut, fell, alter or remove any certain bounded tree, or other allowed landmark, to the wrong of his neighbor, or any other person, he shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment not exceeding one year.

XXVIII. KILLING, MAIMING OR WOUNDING CATTLE,

HORSES, ETC.

Act 31 March, 1860, Sec. 154, P. L., 419.—Every person who shall wilfully and maliciously kill, maim or disfigure any horses, cattle, or other domestic animals of another person, or shall wilfully and maliciously administer poison to any such beasts, or expose any poisonous substance, with intent that the same should be taken or swallowed by them, shall be guilty of a misdemeanor, and, being thereof convicted, shall be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding three years.

1. Commonwealth v. Cramer, 1870, 2 Pearson, 441.-"To shoot and wound a domestic animal-a steer-belonging to another, constitutes the offence of malicious mischief in Pennsylvania, although the animal was trespassing on the grounds of the offender, and he had no malice against the owner.

2. Acts of cruelty are evidence of malice, which do not import ill-will, but an evil disposition in general.

3. "Maliciously wounding the domestic animal of another, without killing, maiming, or disfiguring it, does not come within the 154th section of the Penal Code of 1860, but is indictable at common law. The word 'wounded,' reported in this section by the commissioners to review the code, was struck out, or accidentally omitted by the legislature.

4. "An offence not embraced in the Act of March 31, 1860, may still be indictable at common law, as the statute does not abrogate the common law."

Respublica v. Teischer, 1788.—“The defendant had been convicted in the county of Berks upon an indictment for maliciously, wilfully, and wickedly killing a horse; and upon a motion in arrest of judgment, it came on to be argued, whether the offence, so laid, was indictable ?" Held, To be so.

XXIX. MALICIOUS INJURY TO WORKS OF ART, SCIENCE, ETC.

Act 31 March, 1860, Sec. 155, P. L., 419.-If any person shall unlawfuly and maliciously destroy or damage anything kept for the purpose of art, science or literature, or as an object of curiosity, in any museum, gallery, cabinet, library or other repository, which museum, gallery, cabinet, library or other repository, is either at all times, or from time to time, open for the admission of the public, or any considerable number of persons to view the same, either by permission of the proprietor thereof or by payment of money for entering the same, or any picture, statue, monument or painted glass in any church, meeting-house or other place of religious worship, or any statue or monument exposed to public view, such person shall be guilty of a misdemeanor, and, being convicted thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment not exceeding six months.

XXX. PENALTY FOR INJURING WORKS OF GAS AND WATER

COMPANIES.

Act 29 April, 1874, Sec. 34, P. L., 95.-If any person shall wilfully or maliciously do, or cause to be done, any act or acts whatever, whereby any building, construction, reservoir or works of said company, or any water or gas pipe, gas post, burner or reflector, or any matter or thing appertaining to the same shall be stopped or obstructed, injured, contaminated or destroyed, the person or persons so offending shall be considered guilty of a misdemeanor, and may therefor be indicted in the Court of Quarter

Sessions of the proper county, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or be imprisoned not exceeding one year, or both, at the discretion of the court: Provided, That such criminal prosecution shall not in any way impair the right of said company to a full compensation in damages by civil suit.

XXXI. WILFUL DAMAGE TO PROPERTY OF LIVERY STABLE KEEPERS BY BAILEES.

Act 1 April, 1863, Sec. 1, P. L., 223.-Any damages wilfully done to the property of any livery stable keeper, in the county of Allegheny, while in the custody or possession of any bailee or bailees to whom the same may have been hired, shall be taken and deemed to be a misdemeanor, punishable by fine, at the discretion of the Court of Quarter Sessions, or by imprisonment in the common jail of said county, for a period not exceeding thirty days.

ED. NOTE.-Extended to Armstrong, Butler, Indiana and Fayette, by Act 18 March, 1868, P. L., 358.

XXXII. INJURY TO PROPERTY OF LIVERY STABLE KEEPERS BY CARELESS DRIVING, ETC., HOW PUNISHED.

Act 23 August, 1865, Sec. 1, P. L., 1866, 1223.-Any damage or damages done to the property of any livery stable keeper in the counties of Allegheny, Berks and Westmoreland, by careless driving or improper conduct, while in the custody or possession of any bailee or bailees to whom the same may have been hired, shall be taken and deemed to be a misdemeanor, punishable by fine, at the discretion of the Court of Quarter Sessions, or by imprisonment in the common jail of said county, for a period not exceeding thirty days, and shall be liable to pay said livery stable keeper all damages which he may sustain thereby.

ED. NOTE.-Act 7 March, 1868, P. L., 285, extends above section to Washington County.

Act 18 February, 1869, P. L., 212, extends it to Lawrence and Clearfield counties.

Act 12 April, 1869, P. L., 871, extends it to Venango County. Act 5 April, 1870, P. L., 933, extends it to Beaver County.

Act 13 April, 1870, P. L., 1151, extends it to Armstrong County.

Act 10 May, 1871, P. L., 661, extends it to Jefferson County. Act 16 March, 1872, P. L., 409, extends it to Schuylkill County.

Act 19 March, 1872, P. L., 434, extends it to Monroe and Clarion counties.

By a similar Act of 5 April, 1867, P. L., 840, extended to Mercer County.

Act 5 April, 1867, P. L., 840, extended to Indiana County by Act 13 April, 1868, P. L., 876.

Also to Jefferson County by Act 26 February, 1870, P. L., 258, and Act of 18 March, 1869, P. L., 416, extends to Crawford and Chester counties.

Act 23 August, 1865, extended to Butler County by Act 28 February, 1873, P. L., 188.

Act 13 April, 1868, extended to Lancaster and Schuylkill counties.

Act 15 March, 1871, Sec. 1, P. L., 380.-Whenever hereafter any bailee or bailees for hire or loan of any property of any livery stable keeper, or any other owner of property, in the counties of Greene, Perry, Luzerne, Bradford, Cumberland, Mercer, Washington, Philadelphia, Huntingdon, Juniata, Blair, Delaware, Snyder, Montgomery, Somerset, Lawrence, Bedford, Lycoming, Susquehanna, Clinton, Warren and Dauphin, shall, wilfully or with gross negligence, damage or destroy the property of any one as aforesaid, while the same is in the custody or possession of said bailee or bailees, the person or persons so offending shall be taken and deemed guilty of a misdemeanor, and, upon conviction in the Court of Quarter Sessions, shall be punished by fine or imprisonment, not exceeding twenty days, in the county jail, or both, at the discretion of the court; and shall be liable to said owner or owners of said property for the value thereof, or the injury done to the same, in an action of debt, either in the Court of Common Pleas or before a justice of the peace, as like amounts are now by law recoverable.

ED. NOTE.-Act 10 February, 1872, P. L., 105, extends this section to Lebanon and Adams counties.

Act 4 April, 1872, P. L., 931, extends it to Northampton County.

XXXIII. WANTONLY BREAKING DOWN FENCES OR DE

STROYING THEM.

Act 23 March, 1865, Sec. 1, P. L., 42.—If any person or persons, from and after the passage of this act, shall, maliciously or wantonly, break or thrown down any post and rail or other fence, erected for the inclosure of land, or shall carry away, break or destroy any post, rail or other material, of which such fence was built, inclosing any lots or fields within this Commonwealth, such person or persons so offending shall be guilty of a misdemeanor, and, on conviction, shall be sentenced to pay a fine, not exceeding fifty dollars, one-half thereof to be paid to the informer, on conviction of the offender or offenders, the other half to the support of the poor of such county, township, borough or ward where the offence has been committed, with costs of prosecution, or to undergo an imprisonment, not exceeding six months, or both, or either, at the discretion of the court.

XXXIV. FALSE ALARMS OF FIRE BY MEANS OF FIREALARM TELEGRAPH, AND INJURY TO THE BOX, POLES OR WIRE, OR OTHER APPARATUS, HOW PUNISHED.

Act 28 February, 1865, Sec. 1, P. L., 238.-If any person or persons shall wilfully give, or cause to be given, any false alarm of fire, from a fire-alarm telegraph box or boxes, or shall break, or cause to be broken, any fire-alarm signal-box, or any pole, post or wire connected with the police and fire-alarm telegraph, within the city of Philadelphia, or shall injure or in any manner interfere with or interrupt the working of the same, he, she or they shall be deemed guilty of a misdemeanor, and, on conviction. thereof, shall be punished by a fine, not exceeding five hundred dollars for each offence, or by imprisonment, for a term not exceeding two years, or by both.

XXXV. PENALTY FOR NON-OWNERS OF REALTY TO DEPOSIT ASHES, BRICKS OR RUBBISH OF ANY KIND IN PRIVY

WELLS.

Act 8 April, 1867, Sec. 1, P. L., 938.-It shall not be lawful for any person or persons, occupying any house or houses, in the