ished as if convicted of larceny: Provided, that nothing herein contained shall prohibit any person from driving out of the range any stock unlawfully brought from other states or places. In any indictment under this section it shall not be necessary to name in the bill or prove on the trial the owner of the stock maimed, killed or injured.

Code, s. 1002; 1885, c. 383; 1887, c. 368; 1895, c. 190; R. C., c. 34, s. 104; 1850, c. 94, ss. 1, 2.

3315. Killing cattle and failing to show hide and ears. If any person shall kill any neat cattle, sheep or hog in the woods or range, and shall for two days fail to show the hide and ears to the nearest justice or two freeholders, he shall be guilty of a misdemeanor. Code, s. 2318; R. C., c. 17, s. 2; 1901, c. 546.

3316. Killing unmarked cattle in Haywood and Hyde counties. If any person not being the owner of any unmarked neat cattle, sheep or hogs, shall kill any unmarked neat cattle, sheep or hogs in the range, such person shall, if the act be done with felonious intent, be guilty of larceny and punished as for that offense, and if not done with such intent shall be guilty of a misdemeanor: Provided, this section shall only apply to the counties of Haywood and Hyde.

1891, c. 258; 1895, c. 8.

3317. Mismarking. If any person shall knowingly alter or deface the mark or brand of any other person's horse, mule or ass, neat cattle, sheep, goat, or hog, or shall knowingly mismark or brand. any such beast that may be unbranded or unmarked, not properly his own, with intent to defraud any other person, the person so offending shall be guilty of a felony, and punished as if convicted of larceny.

Code, s. 1001; R. C., c. 34, s. 57; 1797, c. 485, s. 2.

3318. Poisoning with shrubs. If any person shall throw into or leave exposed in any public square, street, lane, alley, or open lot in any city, town or village, or in any public road, any mockorange or other poisonous shrub, plant, tree or vegetable, he shall be liable in damages to any person injured thereby and shall also be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, at the discretion of the court.

1887, c. 338.

3319. Stock law territory; not to run at large in. If any person shall allow his live stock to run at large within the limits of any county, township or district, in which a stock law prevails or shall prevail pursuant to law, he shall be guilty of a misdemeanor, and

fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Code, s. 2811; 1889, c. 504.

3320. Stock law territory; wilful driving on lands of. If any person, in any stock law territory, shall wilfully, and not as the result of an accident, ride any horse or mule, or drive any horse or mule, either loose or to any vehicle or wagon, over the cultivated or enclosed lands of another, he shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding ten dollars.

Code, s. 2829; 1885, c. 100; 1883, c. 391, ss. 1, 3.

3321. Stock law territory; riding or driving in. If any person, by riding or driving upon the lands of another without permission, or while driving live stock along any roadway, public or private, shall wilfully, deliberately or recklessly do or permit to be done any actual injury to said land, or to the crops or other property growing or being thereon, he shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. But no such offender shall be proceeded against, unless the party injured, or some one in his behalf, shall cause a warrant to be issued, or an indictment to be found against the party offending, within fifteen days after the commission of the offense.

Code, s. 2828; 1889, c. 118.

3322. Stock law territory; owner in, turning outside. If any person having stock within the limits of a stock law territory, shall allow the same to run at large beyond the boundaries of said territory, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined not more than fifty dollars or imprisoned not more than thirty days: Provided, that a person owning or renting land outside. of the stock law territory may turn his stock upon the said land outside of the stock law district.

Code, s. 2827; 1889, c. 266; 1885, c. 371.

3323. Stone-horse running at large. If any person shall let any stone-horse or stone-mule of two years old or upwards run at large, he shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Code, s. 2325; R. C., c. 17, s. 6.

III. BANKS.

3324. Examiner making false report. If any bank examiner shall knowingly and willingly make any false or fraudulent report

of the condition of any bank which shall have been examined by him, with the intent to aid or abet the officers, owners or agents of such bank, in continuing to operate an insolvent bank; or if any such examiner shall receive or accept any bribe or gratuity, given for the purpose of inducing him not to file any report of an examination of any bank made by him, or shall neglect to make an examination of any bank by reason of having received or accepted any bribe or gratuity, he shall be guilty of a felony, and on conviction thereof shall be imprisoned in the state's prison for not less than four months nor more than ten years.

1903, c. 275, s. 24.

3325. Officers and agents, malfeasance of. If any president, director, cashier, teller, clerk or agent of any bank or other corporation shall embezzle, abstract or wilfully misapply any of the moneys, funds or credits of the bank, or shall, without authority from the directors, issue or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, assign any note, bond, draft, bill of exchange, mortgage, judgment or decree, or make any false entry in any book, report or statement of the bank with the intent in either case to injure or defraud or to deceive any officer of the bank, or if any person shall aid and abet in the doing of any of these things, he shall be guilty of a felony, and upon conviction shall be imprisoned in the state's prison for not less than four months nor more than fifteen years, and likewise fined, at the discretion of the court. 1903, c. 275, s. 15.

3326. Statements, making false. If any person shall wilfully and knowingly subscribe to, or make, or cause to be made, any false statement or false entry in the books of any bank, corporation, partnership, firm or individual transacting a banking business, or shall knowingly subscribe to or exhibit false papers, with the intent to deceive any person authorized to examine into the affairs of said bank, corporation, partnership, firm or individual, or shall wilfully and knowingly make, state or publish any false statement of the amount of the assets or liabilities of any such corporation, partnership, firm or individual, he shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the state's prison not less than four months nor more than ten years.

1903, c. 275, s. 27.

IV. BUILDING AND LOAN ASSOCIATIONS.

3327. Agent acting without license. If any person shall solicit business or act as agent for any foreign building or loan association

or company in this state without having procured from the insurance commissioner a certificate that such association or company for which he offers to act is duly licensed by the state to do business for the current year in which such person solicits business or offers to act as agent, he shall be guilty of a misdemeanor.

1895, c. 444, s. 3; 1905, c. 435, s. 18.

3328. Collecting for, not listing stock for taxes. If any building and loan association or officer of such association doing business in this state, or any local officer or person shall collect dues, assessments, premiums, fines or interest from any citizen of this state for any such association which has failed or refused to list for taxation the stock held by citizens of this state, he shall be guilty of a misdemeanor and subject to fine or imprisonment, or both, in the discretion of the court.

1905, c. 435, s. 25.

3329. Failure to exhibit books; false statement. If any person having in his possession or control any books, accounts or papers of any building and loan association licensed by law, shall refuse to exhibit the same to the insurance commissioner, or his agents on demand, or shall knowingly or wilfully make any false statement in regard to the same, he shall be guilty of a misdemeanor, and fined and imprisoned, at the discretion of the court.

1893, c. 434; 1899, c. 164.

V. BURGLARY.

3330. Burglary, how punished. Any person convicted, according to due course of law, of the crime of burglary in the first degree shall suffer death, and any one so convicted of burglary in the second degree shall suffer imprisonment in the state's prison for life, or for a term of years, in the discretion of the court.

Code, s. 994; 1889, c. 434, s. 2; 1870-1, c. 222.

3331. Burglary in first and second degrees. There shall be two degrees in the crime of burglary as defined at the common law. If the crime be committed in a dwelling-house, or in a room used as a sleeping apartment in any building, and any person is in the actual occupation of any part of said dwelling-house or sleeping apartment at the time of the commission of said crime, it shall be burglary in the first degree. If the said crime be committed in a dwelling-house or sleeping apartment not actually occupied by any one at the time of the commission of the crime, or if it be committed in any house within the curtilage of a dwelling-house or in any building not a dwelling-house, but in which is a room

used as a sleeping apartment and not actually occupied as such at the time of the commission of said crime, it shall be burglary in the second degree.

1889, c. 434, s. 1.

3332. Burglary, breaking out of dwelling-house. If any person shall enter the dwelling-house of another with intent to commit any felony or other infamous crime therein, or being in such dwelling-house, shall commit any felony or other infamous crime therein, and shall, in either case, break out of the said dwelling-house in the night time, such person shall be guilty of burglary.

Code, s. 995; R. C., c. 34, s. 8; 12 Anne, c. 7, s. 3; 7 and 8 Geo. IV., c. 29, s. 11; 24 and 25 Vic., c. 96, s. 51.

3333. Breaking into houses otherwise than burglariously. If any person shall break or enter a dwelling-house of another otherwise than by a burglarious breaking; or shall break and enter a store-house, shop, warehouse, banking-house, counting-house, or other building, where any merchandise, chattel, money, valuable security, or other personal property shall be; or shall break and enter any uninhabited house, with intent to commit a felony or other infamous crime therein; every such person shall be guilty of a felony, and imprisoned in the state's prison or county jail not less than four months, nor more than ten years.

Code, s. 996; 1874-5, c. 166; 1879, c. 323.

3334. Burglary, intent to commit. If any person shall be found by night, armed with any dangerous or offensive weapon, with the intent to break or enter a dwelling, or other building whatsoever, and to commit a felony or other infamous crime therein; or shall be found by night, having in his possession, without lawful excuse, any pick-lock, key, bit or other implement of house-breaking; or shall be found by night in any such building, with intent to commit a felony or other infamous crime therein, such person shall be guilty of a felony and punished by fine or imprisonment in the state's prison, or both, in the discretion of the court. Code, s. 997; 24 and 25 Vic., c. 96, s. 58.

VI. BURNINGS.

3335. Arson. Any person convicted according to due course of law of the crime of arson shall suffer death.

Code, 985; R. C., c. 34, s. 2; 1870-1, c. 222.

3336. Attempts. If any person shall wilfully attempt to burn any dwelling-house, uninhabited house, barn, stable, or outhouse,