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Fornication.

This is an indictable offense in Scotland and in several of the 'United States.

As it is not indictable by our existing law, and no new reasons are perceived for declaring it so, the commissioners have not urged any change.

Fortune-telling. See Conjuration.

Frauds.

In fitting out and destroying vessels, are covered by sections

628-630.

In destroying property insured, by sections 632, 633.

In use of false weights and measures, by sections 634-640.
In management of corporations, by 645-668.

In sale of passage tickets, by sections 669-682.

In relation to documents of title to merchandise, by sections

683-691.

To affect market price of merchandise, by section 469.

Fraudulent assignments.

Covered by sections 641-644.

Fraudulent insolvencies.

By individuals, are covered by sections 641-644.
By corporations, by sections 659, 660.

Gambling, Gaming.

Covered by sections 385-400.

Gambling or Gaming houses.

Game.

Prohibited by section 392, and see 397, 390.

The existing law for the preservation of game is continued in force, by section 786, subd. 23.

Grand Larceny.

Covered by sections 587, 589, 591, 592.

Hamesucken.

In Scotch law, the felonious seeking and invasion of a person in his dwelling house.

The burning of a dwelling house, is treated under the term "arson;" and breaking or entering a dwelling house, for criminal purposes, under "burglary." Except as provided under these. heads, the Code does not, in general, regard the circumstance that a criminal injury was inflicted within the dwelling of the sufferer, as modifying the character of the crime.

Health laws.

Violations of, are provided for by sections 435-441.

Heresy.

Is enumerated among crimes by English authorities; as consist ing, not in a total repudiation of Christianity, but in a denial of some of its essential doctrines, publicly and obstinately avowed.

The tendency of our law is so decided towards liberty in matters of religious faith, that provisions against heresy are clearly unsuitably embodied in the Code.

Homicide.

Covered by sections 236-262.

Horse racing.

Racing near a court, is prohibited by section 207.

For a bet or stake, by section 400.

Upon a highway, by section 472.

House breaking.

Covered by section 550.

Illegal voting.

Covered by sections 68–74.

Incest.

Provided for by section 342.

Indecent Exposures.

Provided for by section 363.

Insolvencies.

Fraudulent insolvencies by individuals are covered by sections 641-644.

Those of corporations, by sections 659, 660.

Intoxication.

Intoxication of physicians, is provided for by sections 257, 404.
Intoxication of persons employed on railroad trains, by section

462.

Intoxication in public places, by section 725.

Keeping bawdy and disorderly houses.
Covered by sections 367–369.

Kidnapping.

Covered by sections 272-276.

Larceny.

Covered by sections 584-600.

Leasing making.

In Scotch law, calumny directed against the king.

Under our elective form of government no necessity is perceived for punishing calumny affecting public officers, otherwise than as they share the protection accorded to citizens generally. No provisions on this subject are given in the Code.

Libel.

Covered by sections 309-318.

Lotteries.

Prohibited by sections 370-384.

Magic. See Conjuration.

Maiming.

Of persons, is covered by sections 263–271.

Of animals, by section 699.

Maintenance.

Officiously intermeddling in a suit that no way belongs to one; by assisting either party, with money or otherwise, to prosecute or defend it.

In so far as intervening in a single lawsuit in which one is not a party, is criminal by our existing law, the provisions relative to it are retained, without being extended. See sections 187, 188, 194-200.

The practice of fomenting lawsuits is made punishable by sections 190-193.

Malicious mischief.

Covered by sections 696-722.

Malpractice.

As to malpractice by attorneys, see sections 194, 196, 202, 209, 210, 730, 731.

By physicians, 257, 404.

Manslaughter.

Covered by sections 248–259.

Masquerades.

Are covered by sections 478, 480.

Mayhem. See Maiming.

Mock auctions.

Covered by section 627.

Multiplication of precious metals.

This was formerly considered a crime in England. (3 Co. Inst., 74.)

The impossibility of the act being now understood, the rule by which it was once thought punishable, is, of course, obsolete.

Murder.

Covered by sections 241-257.

Mutilation.

As to mutilations of persons and animals. See Maiming. As to mutilations of written instruments. See sections 147, 148, 715, 716, 721.

Nuisances.

Punishable by sections 430-434.

Obscene books and pictures.

Covered by sections 363-366.

Omitting to bury.

Omitting to bury the body or remains of a dead person, is made punishable by sections 350-353.

Perjury.

Covered by sections 150-161.

Petit Larceny.

Covered by sections 586-588, 590.

Prophesying. See Conjuration.

Petit treason.

This offense was abolished by the Revised Statutes, and is not restored by the Code. See section 239.

Piracy.

Is left to be dealt with under the laws of the United States. Burning a vessel within this state is, however, made arson, by sections 521 and 522; and destroying or injuring vessels, or their cargoes, with intent to defraud insurers, &c., is punishable by sections 628-630.

Poison.

Administering stupefying drug to facilitate commission of felony, is covered by section 292.

Poisoning food, wells, &c., by section 405.

Selling poison without record and label, by sections 446-448.
Poisoning animals, by section 698.

Posting.

For not fighting a duel, is covered by section 300.

Pound breach.

It is doubted, in English law, whether breaking a pound to rescue cattle therefrom, when unaccompanied by any breach of the peace, should be deemed a criminal offense, or only a civil trespass.

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