craft, or vehicle, in any way stops, countermands, or changes the consignment thereof, or sells, disposes of, or incumbers such property during transit or after the delivery thereof, or in any way converts the same to his own use, is guilty of embezzlement, and, upon conviction thereof, shall be imprisoned in the State prison not more than five years nor less than one year, fined in any sum not more than one hundred dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. 1949. Embezzlement by tenants. 48. Whoever, being a tenant, with intent to defraud his landlord, unlawfully disposes of, or applies or converts to his own use, without the authority or consent of such landlord, so much of the crop growing or raised on the leased premises as belongs to the landlord under his contract of leasing with such tenant, is guilty of embezzlement, and, upon conviction thereof, shall be imprisoned in the State prison not more than three years nor less than one year. 1950. Embezzlement by Treasurers. 49. If the Treasurer of State, or any county Treasurer or city Treasurer, or the Treasurer of any town shall use the money of any particular fund, or the money appropriated by law for any particular purpose, to pay any warrant drawn upon any other fund or appropriation, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned in the county jail not more than six months nor less than one month, and fined in any sum not more than five thousand dollars nor less than one hundred dollars. 1951. Embezzlement of public funds. 50. A member of the Common Council of any city or of the Board of School Trustees of any city or town, or the Board of Trustees of any town, or the Mayor, President, Officer, Agent, Attorney, Clerk, or servant of such corporation, or any Township Trustee, who knowingly diverts, appropriates, or applies any funds or a part of any fund, raised under any law by taxation or otherwise, to any other use or purpose than that for which it was raised or appropriated; or who knowingly diverts, appropriates, or applies, or assists in diverting, appropriating, or applying, any money, borrowed on any bond of the corporation, or any part of the proceeds of such bond, to any other use or purpose than that for which such loan was made or bond issued, or to any use or purpose than is authorized by the charter or law governing such corporation, shall be deemed guilty of embezzlement, and, upon conviction thereof, shall be imprisoned in the State prison not more than five years nor less than one year, fined not more than one thousand dollars nor ĺess than one dollar, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. 1952. Embezzlement by fiduciaries. 51. Whoever, being the administrator of the estate of a decedent, or the executor of a last will, or guardian of any minor or insane person, or trustee or other person acting in any fiduciary capacity, without good cause, fails or refuses, when legally required by the proper person or authority, to account for or pay over to such person or persons as may be lawfully entitled to receive the same, any money, choses in action, or other property which may have come into his hands by virtue of his office, duty, or trust, shall be deemed guilty of embezzlement, and, upon conviction thereof, shall be imprisoned in the State prison not more than five years nor less than one year, fined not exceeding one thousand dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. 1953. Selling or secreting State arms. 52. Whoever unlawfully sells, disposes of, hides, secretes, or detains or refuses to give up, to any person authorized to demand and receive them, any of the arms, accoutrements, ordnance stores, camp or garrison equipage belonging to this State, shall be fined in any sum not more than five hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days. 1954. Removing mortgaged goods. 53. A mortgagor of personal property, in possession of the same, who, without the consent of the owner of the claim secured by the mortgage, removes any of the property mortgaged out of the county where it was situated at the time it was mortgaged, or secretes or converts the same or any part thereof to his own use, or sells the same or any part thereof to any person, without informing him of the existence of such mortgage, shall be fined in any sum not more than two hundred dollars nor less than five dollars. 1955. Malicious trespass. 54. Whoever maliciously or mischievously injures or causes to be injured any property of another or any public property is guilty of a malicious trespass, and, upon conviction thereof, shall be fined not more than two-fold the value of the damage done, to which may be added imprisonment in the county jail for not more than twelve months. 1. As to the indictment, see State v. Peden, 2 Blackf. 371; State v. Merrill, 3 id. 346; State v. Kuns, 5 id. 314; State v. Slocum, 8 id. 315; State v. Jackson, 7 Ind. 270; State v. Clevinger, 14 id. 366; Hayworth v. State, id. 590; State v. Williams, 21 id. 206; Harness v. State, 27 id. 425; Croy v. State, 32 id. 384; State v. Sparks, 60 id. 298; State v. Pitzer, 62 id. 362. 2. As to the evidence, see State v. Bush, 29 Ind. 110; Croy v. State, 32 id. 384; Palmer v. State, 45 id 388; Lowe v. State, 46 id. 305; Dawson v. State, 52 id. 478; Gaskill v. State, 56 id. 550; Squires v. State, 59 id. 261; Lossen v. State, 62 id. 437; Gundy v. State, 63 id. 528. 1956. Injuring telegraph or telephone poles or wires. 55. Whoever maliciously or mischievously injures any telegraph-pole or telephonepole, or the wire or any part of the apparatus thereof, upon conviction thereof, shall be fined not more than five hundred dollars nor less than five dollars, and imprisoned in the county jail not more than six months nor less than thirty days. 1957. Attacking public conveyance. 56. Whoever maliciously or mischievously shoots a gun, rifle, pistol, or other missile or weapon, or throws a stone, stick, club, or other substance whatever, at or against any stage-coach, locomotive, railroad-car, or train of cars, or street-car on any railroad in this State, or at or against any wharf-boat, steamboat, or other water-craft, shall be imprisoned in the county jail not more than one year nor less than thirty days, and fined not more than one hundred dollars nor less than ten dollars. 1958. Penalty if person is wounded or killed. 57. In case any person on such stage-coach, locomotive, car, train of cars, street-car, or wharf-boat, steamboat, or other water-craft, shall be injured or wounded by any such act as is specified in the preceding section, the person so offending shall be deemed guilty of an assault and battery with intent to commit murder, and, upon conviction thereof, shall be imprisoned in the State prison not more than fourteen years nor less than two years; and if death ensue, such offender shall be guilty of murder in the second degree, and shall be imprisoned in the State prison during life. 1959. Running hand-car without authority. 58. Any person who shall unlawfully place, put, move, run, or who shall unlawfully cause to be placed, put, moved, or run, any hand-car or push-car upon the track of any railroad, he not being at the time an operative upon such railroad, and not having the consent of the owner or operator of such railroad or of the roadmaster or his assistants, shall be deemed guilty of a felony, and, upon conviction thereof, shall be fined not exceeding five hundred dollars, be imprisoned in the State prison not less than six months nor more than three years, or fined and imprisoned in the county jail of the proper county for any determinate period of time not exceeding one year. 1960. Obstructing railroad track. 59. Whoever willfully and maliciously places any obstruction upon the track of any railroad or streetroad or inclined railroad track, or changes any switch or removes the fastenings thereof, so as to endanger the passage of trains; or breaks, destroys, steals, takes, or carries away any lock or guard upon such switch; or willfully and maliciously commits any other act, in order to throw the engine. or cars running upon such railroad from such track,- shall be imprisoned in the State prison not more than fourteen years nor less than two years, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period; and if from any accident on any such road, resulting from any such act, any person be so injured that death ensue as the immediate consequence thereof, the offender is guilty of murder in the first degree, and shall suffer death or be imprisoned in the State prison during life. 1. For construction, see Coghill v. State, 37 Ind. 111. 2. As to the evidence, see Allison v. State, 42 Ind. 354. 1961. Injuring vines or trees. 60. Whoever cuts down or destroys, or by girdling or any other means injures any standing or growing vine, bush, shrub, sapling, or tree on the land of any other person, or on land belonging to the State, or to any county or township therein, or on any land reserved or granted for the use of schools or seminaries, without a license to do so from competent authority; or who, without such license, shall cut down or remove from any such lands, or from lands belonging to the United States, any tree, stone, timber, or other valuable article,- is guilty of a trespass, and, upon conviction thereof, shall be fined in five times the value of such property, to which may be added imprisonment not exceeding twelve months in the county jail. The provisions of this section shall not apply to actual settlers upon public lands, who cut timber and use stone for their own farming purposes upon the land on which they may reside. 1. For construction, see Howe v. State, 10 Ind. 492; State v. Pottmeyer, 33 id. 402. 2. As to the indictment, see State v. Shadley, 16 Ind. 230; Newland v. State, 30 id. III; State v. Pottmeyer, id. 287; Bates v. State, 31 id. 72; Stribbling v. State, 56 id. 79. 1962. Defacing tombstones. 61. Whoever willfully, mischievously, or maliciously disfigures, defaces, or removes any tombstone, monument, gravestone, or other structure erected to perpetuate the memory of any deceased person; or any fence, railing, or other work in or around any public or private cemetery, or burial place; or any tree, shrub, or plant therein, shall be fined not more than five hundred nor less than fifty dollars, to which may be added imprisonment in the county jail not more than six months. 1963. Injuring trees on highway. 62. Whoever shall willfully, maliciously, or mischievously, and without right, cut down, or in any way injure, any tree on the public highway shall be fined not more than five hundred dollars nor less than five dollars. 1964. Obstructing highway, etc. 63. Whoever, in any manner, wrongfully obstructs any public highway, tow-path, canal, turnpike, plank, or coal road; or injures any toll or other bridge, or toll-gate, culvert, embankment, or lock; or makes any breach in any canal; or injures any material used in the construction of such roads or canal,-shall be fined in any sum not more than five hundred dollars, to which may be added imprisonment in the county jail not more than three months nor less than ten days. 1. For construction, see State v. Virt, 3 Ind. 447; State v. Craig, 23 id. 185; State v. Flannigan, 67 id. 140. 2. As to the indictment, see State v. Miskimmons, 2 Ind. 440; Boyer v. State, 16 id. 451; State v. Buxton, 31 id. 67; Jeffries v. McNamara, 49 id. 142; State v. Day, 52 id. 483; State v. Baker, 58 id. 417. 3. As to the evidence, see Phipps v. State, 7 Blackf. 512; Carlton v. State, 8 id. 208; State v Phipps, 4 Ind. 515; Hays v. State, 8 id. 425; State v. Hill, 10 id. 219; Boyer v. State, 16 id. 451; Summers v. State, 51 id. 201. 1965. Cutting shade-trees. 64. Whoever removes, destroys, cuts, or girdles any shade-tree, or carries off or removes or in anywise injures the protecting box of any shade-tree, in any city, town, or village of this State, shall be fined in any sum not more than fifty dollars nor less than three dollars; but this section shall not be so construed as to prevent any owner of grounds from making any necessary alterations in the walks or trees on the same. 1966. Altering or removing landmarks. 65. Whoever knowingly displaces or removes any monument erected for the purpose of designating or perpetuating the corner or any other point in the boundary of any tract of land; or maliciously or mischievously defaces or alters the mark upon any monument, landmark, or bearing-tree for the purpose of designating any point, course, or line in the boundary of any tract of land; or willfully cuts down or removes any monument, landmark, or bearing-tree, upon which such mark shall be made, with the intent to destroy or efface such mark, shall be fined not more than two hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days. I. As to construction, indictment, and evidence, see Stratton v. State, 45 Ind. 468. 1967. Injuring dams or drains. 66. Whoever injures any dam, drain, embankment, ditch, or other construction made in pursuance of law, or made for the protection of any highway, railroad, or bridge; or willfully destroys or throws down any mile-post, guide-post, or guide-board, or alters or effaces any inscription or device thereon,-shall be fined in any sum not exceeding fifty dollars, to which may be added imprisonment in the county jail not exceeding ten days. 1968. Defacing legal advertisements. 67. Whoever maliciously or mischievously tears down, removes, destroys, or defaces any legal advertisement, hand-bill, or other public notice, lawfully posted up in any place not belonging to nor occupied by such person, shall be fined in any sum not exceeding ten dollars. 1969. Posting bills on building. 68. Whoever paints, prints, pastes, stencils, or otherwise marks upon, or in any manner places upon or affixes to any building, fence, wall, or tree, without the consent of the owner thereof, any word, letter, character, figure, sentence or device, or any handbill or notice, shall be fined not more than fifty dollars nor less than five dollars; but this section does not apply to the posting of any hand-bill or notice of any public sale of property by any Sheriff, administrator, executor, guardian, or licensed auctioneer, or to any notice required by any law to be posted. 1970. Altering marks. 69. Whoever maliciously alters or defaces the mark or brand of any horse, mare, gelding, foal, filly, jack, mule, ass, sheep, goat, cattle, or hog of another, or marks or brands any such animal, with intent to steal the same, shall be fined in any sum not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not exceeding six months. 1971. Injuring or killing animals. 70. Whoever maliciously or mischievously injures or kills, by administering poison or by means of a deadly weapon, or in any other manner, any horse, mare, gelding, foal, filly jack, mule, ass, sheep, goat, cattle, or hog of another, shall be fined in any sum not more than five hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not exceeding twelve months. 1972. Forcible entry or detainer. 71. Whoever violently takes or keeps possession of any lands, with menaces, force, and arms, and without authority of law, is guilty of forcible entry or forcible detainer, as the case may be, and, upon conviction, shall be fined not exceeding one thousand dollars. 1. As to the evidence, see Swails v. State, 4 Ind. 516; Higgins v. State, 7 id. 549; Ball v. State, 26 id. 155. 1973. Defacing library books. 72. Whoever, having access to, or being in possession of any book, magazine, newspaper, manuscript, map, chart, plan, painting, engraving, photograph, or other literary property of any library organized under the laws of this State or belonging to any educational institution in this State, shall willfully or mischievously cut, mark, mutilate, deface, write in or upon the same, or otherwise injure the same, or procure the same to be done, or who shall willfully or mischievously injure or deface any book, plate, or library mark, shall be fined in any sum not less than ten nor more than one hundred dollars. [1881 S., p. 174. In force September 19, 1881.] 1974. Unauthorized military expedition. 73. Whoever begins or sets on foot, or provides or prepares the means for, any unauthorized mili |