to his own use any lost treasure or any waived property belonging to this state by virtue of its sovereignty, is guilty of a misdemeanor.

§ 483. Injuries to the salt works. A person who willfully burns, destroys, or injures any salt manufactory connected with the Onondaga salt springs, or any building appurtenant to such manufactory or any part of such manufactory, or any of the buildings, reservoirs, pumps, conductors or water conduits, belonging to this state, used in the raising of salt water for the manufacture of salt, without authority of law, is punishable by imprisonment in a state prison not exceeding five years.

§ 484. Seizing military stores belonging to the state. A person who enters any fort, magazine, arsenal, armory, arsenal yard or encampment, and seizes or takes away any arms, ammunition, military stores or supplies belonging to the people of this state; and a person who enters any such place with intent so 'to do, is punishable by imprisonment in a state prison not exexceeding ten years.

§ 485. Making false statement in reference to taxes. A person, who, in making any statement, oral or written, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully makes, as to any material matter, any statement which he knows to be false, is guilty of a misdemeanor.

TITLE XV.

Of Crimes Against Property.

CHAPTER I. Arson.

II. Burglary and housebreaking.

III. Forgery and counterfeiting.

IV. Larceny, including embezzlement.

V. Extortion.

VI. False personation and cheats.

VII. Fraudulently fitting out and destroying ships and

vessels.

VIII. Fraudulent destruction of property insured.
IX. False weights and measures.

X. Fraudulent insolvencies by individuals.

XI. Fraudulent insolvencies by corporations, and other frauds in their management.

XII. Frauds in the sale of passage tickets.

XIII. Frauds relative to documents of title to merchandise.

XIV. Malicious mischief.

CHAPTER I.

ARSON.

SEC. 486. Arson in first degree defined.

487. Id.; in second degree.

488. Id.; in third degree.

489. Arson, how punished.

490. Intent to destroy building requisite.

491. Contiguous buildings.

492. "Night-time," and "dwelling-house" defined.
493. "Building," defined

494. "Inhabited building," defined.

495. Ownership of building.

§ 486. Arson in first degree defined.-A person who willfully burns, or sets on fire, in the night time, either

1. A dwelling-house in which there is, at the time, a human being; or

2. A car, vessel, or other vehicle, or a structure or a building other than a dwelling-house, wherein, to the knowledge of the offender, there is, at the time, a human being;

Is guilty of arson in the first degree.

See § 637, post. Dwelling-house, defined, § 502, post. Peo. v. Orcutt, 1 Park, 252. Presence of human being Woodford v. Peo., 3 Hun, 310. Adjoining buildings. Henessy v. Peo., 21

How. Pr., 239. Setting fire to one's own house. Shepard v. Peo., 19 N. Y., 537; Ball's Case, 2 C. H. Rec., 5; Peo. v. Smith, 3 How. Pr., 226. Firing jail for purpose only of aiding escape. Peo. v. Cotteral, 18 Johns., 115. Attempts. Peo. v. Bush, Hill, 133; McDermott v. Peo., 5 Park., 102; Mackesey v. Peo., 6 id., 114. Offense complete, though only a portion of building consumed. Peo. v. Butler, 16 Johns., 203. In tenement house in apartment of defendant only. Levy v. Peo., 19 Hun, 383; see Mary v. State, 24 Ark., 44; State v. Sandy, 3 Ired., 570; Com. v. Van Schaack, 16 Mass., 105; Peo. v. Haggerty, 46 Cal., 354; Com. v. Tucker, 110 Mass., 403. Human being. Woodford v. Peo., 5 T. & C., 539; S. C., 62 N. Y., 117. Own house. State v. Hurd, 51 N. H., 176; Com. v. Van Schaack, 16 Mass., 105; State v. Sandy, 5 Ired., 570; Reg. v. Parker, 9 Carr. & P., 45; Reg. v. Russell, 1 Carr. & M., 541. See Indictment. Levy v. Peo., 80 N. Y., 327; Morrill v. Peo., 7 Alb. L. J., 171. Evidence. 1 N. Y. Cr., 518; 17 W. Dig., 384.

§ 487. Arson; second degree.—A person who, 1. Commits an act of burning in the day time, which, if committed in the night time, would be arson in the first degree; or

2. Willfully burns, or sets on fire, in the night time, a dwelling-house wherein, at the time there is no human being; or

3. Willfully burns, or sets on fire, in the night time, a building not inhabited, but adjoining or within the curtilage of an inhabited building, in which there is, at the time, a human being, so that the inhabited building is endangered, even though it is not in fact injured by the burning; or

4. Willfully burns, or sets on fire, in the night time, a car, vessel, or other vehicle, or a structure or building, ordinarily occupied at night by a human being, although no person is within it at the time;

Is guilty of arson in the second degree.

Sub. 3. Peverelly v. Peo., 3 Park., 59.

§ 488. Arson; third degree.-A person who willfully burns, or sets on fire, either

1. A vessel, car, or other vehicle, or a building, structure, or other erection, which is at the time insured against loss or damage by fire, with intent to prejudice the insurer thereof; or

2. A vessel, car, or other vehicle, or a building, structure, or other erection, under circumstances not amounting to arson in the first or second degree;

Is guilty of arson in the third degree.

Sub 1. Dedieu v. Peo., 22 N. Y, 178; Freund v. Peo., 5 Park 198; Sub. 2. McGary v. Peo., 45 N. Y., 153.

§ 489. Arson, how punished.—Arson is punishable as follows:

1. In the first degree, by imprisonment for not less than ten years.

2. In the second degree, by imprisonment for not less than seven nor more than fifteen years.

3. In the third degree, by imprisonment for not more than seven years.

§ 490. Intent to destroy building requisite.--The burning of a building under circumstances which shows beyond a reasonable doubt that there was no intent to destroy it, is not arson.

2 Edm. S. C., 129.

§ 491. Contiguous buildings.-Where an appurtenance to a building is so situated with reference to such building, or where any building is so situated with reference to another building that the burning of the one will manifestly endanger the other, a burning of the one is deemed a burning of the other, within the foregoing provisions, against any person actually participating in the original setting on fire, as of the moment when the fire from the one communicates to and sets on fire the other.

Roberts' Case, 2 Easts, P. C., 1030; Reg. v. Fletcher, 2 Carr. and K., 215; Rex. v. Petley, Leach C. C., 277.

Isaac's Case, Id., 1031;
Reg. v. Price, 1 Íd., 73.

Adjoining building, Slate v. Laughlin, 8 Jones, 354; Peo. v. Taylor, 2 Mich., 250.

§ 492. "Night time," and " dwelling house" defined. The words "night time," as used in this chapter, include the period between sunset and sunrise, and every building or structure, which shall have been usually occupied by persons lodging therein at night, is a dwelling-house within the meaning of this chapter.

§ 493 "Building" defined.-Any house, vessel, or other structure, capable of affording shelter for human beings, or appurtenant to, or connected with a structure so adapted, is a "building" within the meaning of this chapter.

§ 494. "Inhabited building" defined.--A building is deemed an "inhabited building" within the meaning of this chapter, any part of which has usually been occupied by a person lodging therein at night.

Peo. v. Orcutt, 1 Park., 252; Hooker v. Com., 13 Gratt., 763; Com. v. Barney, 10 Cush, 478; Rex. v. Donovan, Leach C. C., 81; Reg. v. Connor, 2 Cox, C. C., 65.

§ 495. Ownership of building.-To constitute arson it is not necessary that another person than the defendant should have had ownership in the building set on fire.

Peo. v. Van Blarcum, 2 Johns, 105; Shepherd v. Peo., 19 N. Y., 537; State v. Taylor, 45 Me., 322.

CHAPTER II.

BURGLARY.

SEC. 496. Burglary in first degree defined.

497. Id., in second degree.

498. Id., in third degree.

499.

"Break," defined.

500. "Night time," defined.

501.

"Enter," defined.

502. "Dwelling-house," defined.

503. Dwelling-houses, etc., when deemed separate.
504. "Building," defined.

505 Unlawfully entering building.

506. Burglar punishable separately for crime in building. 507 Burglary, how punished.

508. Possessing burglar's instruments, etc.

§ 496. Burglary in first degree defined.—A person, who, with intent to commit some crime therein, breaks and enters, in the night-time, the dwelling-house of another, in which there is at the time a human being,

1. Being armed with a dangerous weapon; or 2. Arming himself therein with such a weapon; or 3. Being assisted by a confederate actually present; or