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CHAPTER XVIII.

WILLFUL MISCHIEF.

SECTION 859. Willful mischief is a misdemeanor. 860. Damages.

mischief is a misde

§ 859. Willfully injuring or defacing the pro- Willful perty of another, whether real or personal, or any meanor. public way, or willfully obstructing any railway property or work, is a misdemeanor.

§ 860. Whoever commits any act embraced in Damages. the preceding section is liable in treble damages to the owner of the property or public way, or to the public officer having charge thereof.

The existing provisions respecting liability for the commission of willful mischief are very diverse (1 R. S., 1094, § 57; Laws of 1854, ch. 120; 1 R. S., 1238, § 40; Laws of 1853, ch. 573; 1 R. S., 1197, § 8; Laws of 1854, ch. 112), some authorizing a recovery of damages merely, some treble, some quintuple damages, some a fixed penalty.

PART IV.

GENERAL LAWS FOR THE GOVERNMENT OF COUNTIES, CITIES,
TOWNS AND VILLAGES.

TITLE I. General provisions.

II. The government of counties.
III. The government of cities.

IV. The government of towns.

V. The government of villages.

TITLE I.

GENERAL PROVISIONS.

SECTION 861. County defined.

862. Town defined.

863. City defined.

864. Village defined.

865. Municipal corporation defined.

866. Insurance.

867. Certain officers may administer oaths.

868, 869. Officers not to be interested in contracts.

870. Contracts voidable.

871. Loaning credit forbidden.

872. Contracting debts restricted.

873. Temporary loans.

874. Funded debt.

875. Borrowing or incurring debt in other modes forbidden.

§ 861. A county is the largest civil division of County

the state having corporate powers. Its chief officer is the sheriff.

defined.

Town defined.

City

defined.

Villago

deflued.

Municipal

corporation defined.

Insurance.

Officers may administer oaths.

Officers not

to be interested in contracts.

§ 862. Towns are smaller civil divisions with corporate powers, into which the county is divided. Their chief officer is the supervisor.

§ 863. A city is a civil division, with corporate powers, for the government of a crowded popula tion, and having a mayor as its head. It may include towns or counties, or part or parts thereof.

§ 864. A village is a civil division within a town, with corporate powers, and having a board of trustees, with a president as its head.

§ 865. A municipal corporation is the corporation of a city or village.

§ 866. Officers having custody of any public buildings of any county, city, town or village, may insure them at public expense and for public benefit. 1 R. S., 683, § 40.

§ 867. The officers mentioned in Part IV of this Code, including the chairmen of committees and the clerks of all boards or bodies of officers, charged with any inquiry or action requiring the administering of oaths, have power to administer oaths and affirmations to witnesses and jurors brought before them.

From 1 R. S., 667, § 17; 646, § 7; 1244, § 36.

§ 868. No member of a common council, trustee of a village, or supervisor shall become a contractor under any contract authorized by the common council, board of trustees, or board of supervisors

of which he is a member, or be in any manner interested, directly or indirectly, either as principal or surety, in such contract.

1 R. S., 667, § 14.

a

§ 869. No town, county, city or state officer shall be interested in any contract made by him, or be purchaser, or interested in any purchase, at any sale made by him, or a seller at any purchase made by him as such officer.

Ib., § 15.

Officers not

to be interested in

contracts.

voidable.

§ 870. Contracts in violation of any provisions Contracts of the two preceding sections may be declared void at the instance of the city, county, village or town interested, or of any other party interested in such contract, except the officer violating the provision.

Ib., § 16.

Loaning

§ 871. No municipal corporation shall, in any redit for manner, loan or give its credit to or in aid of any

person.

This and the four following sections are from
Laws of 1853, ch. 603.

bidden.

debts restricted.

§ 872. No municipal corporation shall contract Contracting any debt, the amount of which, exclusive of the debt owing by such corporation on the 21st day of July, 1853, shall exceed, at any time, a sum equal to five per cent, nor, inclusive of such debt, shall exceed eight per cent of the value of

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