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Art. 300. The injury mentioned in the last preceding article, means injury affecting one in his PROPERTY, REAL, PERSONAL or mixed, corporeal or incorporeal, not an injury to person or reputation; false writings, having the latter tendency, are provided for in another part of this code.

Art. 301. No design of refunding the money, or restoring the property received, or of preventing or compensating any damage or loss that might be occasioned by any of the offences described in this chapter, shall avoid the presumption of fraud created by the acts constituting those offences: but such design, if actually executed before any discovery of the crime, shall diminish its punishment one-half.

Art. 302. If any one shall make any written instrument in his own name, intended to create, increase, discharge, defeat or diminish any pecuniary obligation or transfer, or affect any property whatever, and shall put a false date to the same with intent to injure or defraud-he shall be fined not less than two hundred nor more than five hundred dollars, and shall suffer imprisonment at hard labour not less than two nor more than six years.

Art. 303. If any one shall, with intent to injure or DEFRAUD, make any instrument in his own name, intended to create, increase, discharge or diminish any pecuniary obligation, or to transfer or affect any property whatsoever, and shall UTTER or PASS it, under the pretence that it is the act of another who bears the same name-he shall be fined not less than two hundred nor more than five hundred dollars, and confined at hard labour not less than three nor more than six years.

Art. 304. All the terms of the two last preceding articles, which are contained in the definition of forgery in the second article of this chapter, are to be understood in the same sense in which they are used in the said definition.

Art. 305. If any one, having in his power a paper containing the true signature of another, shall, on the other side of the same, make a promissory note or bill of exchange in his own name, so as to make the said signature appear as an indorsement on such bill or note, with intent to defraud-he shall suffer the punishment assigned to such as are guilty of forgery.

Art. 306. Any one who shall, with intent to DEFRAUD, UTTER as TRUE, or PASS, any forged instrument in writing, or any other instrument in writing, the making of which is by this section made an offence, knowing such instrument to be forged, or made contrary to the provisions of this section, shall suffer the same punishment that is assigned to the offence of forging or making the same.

Art. 307. Whoever shall, in this state, engrave any plate, or prepare any implements, or materials, for the purpose of their being employed in the forging any notes of any bank, whether this bank be in or out of this state, or whether such bank be incorporated or not, and knowing such purpose, and with intent to defraud; or shall have in his possession any such plate, implements or materials made or prepared for such purpose, knowing the same, and with intent that they shall be used in the forging of any such notes-he shall be imprisoned at hard labour not less than one nor more than three years.

Art. 308. Whoever shall have in his possession any forged instrument in writing, or any instrument, the making of which is created an offence by this code, knowing the same to be forged, or made contrary to the provisions of this code, with intent fraudulently to utter

or to pass the same-shall be imprisoned at hard labour not less than one nor more than three years.

Art. 309. If any one shall, with intent to defraud, either by falsely reading, or falsely interpreting any instrument in writing; or by misrepresenting its contents, induce any one, who, either from ignorance or infirmity, is incapable of reading an instrument in writing, or who, if he can read, does not understand the language in which it is written, to sign such instrument as his act, or give such assent to it as would, if there had been no error, make it his act; by the means of which false reading, false interpretation or misrepresenting, any PECUNIARY OBLIGATION purports to be created, increased, discharged or diminished, on the part of the person signing the same, or any of his property whatever, purports to be transferred or in any manner affected-the person so offending shall be imprisoned at hard labour not less than one nor more than three years.

Art. 310. If any one, with intent to defraud, shall induce another to sign any such instrument as is described in the last preceding article, by falsely and without the knowledge of such other, substituting it for another instrument, materially different therefrom, which the said person intended to sign-the person so offending shall be imprisoned at hard labour not less than one nor more than three years.

Art. 311. If either of the offences described in the two last preceding articles shall be committed by a public officer, whose duty it is to take or to record public acts, or by any counsellor or attorney at law, the term of imprisonment shall be doubled, and he shall forfeit his political rights.

Art. 312. If any one shall falsely personate another, whether bearing the same name or not, and in such assumed character or name shall give authority to a notary or any other person to sign such assumed name to any act, or to insert it therein, or to do any other thing implying a legal assent to any act, which, if it were the act of the party so personated, would have created, or increased, diminished or discharged, any pecuniary obligation, or transferred, or in any wise affected any property-he shall be imprisoned at hard labour not less than seven nor more than fifteen years.

CHAPTER VI.

Of fraudulent insolvencies.

Art. 313. Whoever shall institute any proceedings in any court of justice for the purpose of obtaining relief, under the laws now in force for giving relief in case of insolvency, for granting a respite, for making a cession of goods, or for giving relief from imprisonment for debt: or under any other laws that may be passed for any of the purposes above mentioned, and shall in the course of such proceeding, with intent to defraud, make a false schedule or account of his credits, property or debts, and exhibit the same in such court as true, or shall fraudulently conceal or destroy his books of accounts, or papers relative to his esstate, in cases where by law he is bound to produce the same for the

use or inspection of his creditors, he shall suffer imprisonment for not less than two nor more than four years at hard labour.

Art. 314. The filing of the said schedule or account with the clerk of a court of justice, is exhibiting the same, under the above article. Art. 315. It is a false schedule or account under the said article,

1. If the party making the same shall fraudulently omit to insert on the said schedule any property, REAL or PERSONAL, to which he is entitled, and which by law ought to be placed on the said schedule or account, of the value of ten dollars or upwards.

2. If he shall place on the account of his debts any sum as due from him which he does not owe, for the purpose of defrauding his true creditors.

But the mere omission of any property on the schedule, shall not make the party liable, unless, from the circumstances of the case, it appear that it was done with design, and in order to defraud.

Art. 316. Any one who, not having property of sufficient value to pay his debts, shall make any simulated conveyance, mortgage or other disposition of any part of his property for his own use or the use of his family, and in order to prevent the same from becoming liable to the payment of his debts, shall be imprisoned for not less than sixty days nor more than six months, and shall be suspended from the exercise of his civil rights of the first class, and of his political rights for four years; and the imprisonment, or any part of it, may be in close custody.

Art. 317. A simulated conveyance, mortgage or disposition, is one sufficient in form for the alienation or affecting of the property, but made without consideration, or for an inadequate consideration, and under a secret understanding between the parties that it shall operate for the benefit of the person making the same, either by a reconveyance afterwards to be made, or by a destruction or redelivery of the instrument by which it was conveyed or affected, if it be property requiring a written conveyance, or of the property itself, or by holding or conveying the same to his use, or that of his wife or any relation in the ascending or descending line.

Art. 318. Any person who shall receive any such simulated conveyance, mortgage or disposition for the purposes aforesaid, knowing the said purpose, shall pay a fine equal to the full value of the property so intended to be conveyed, or the amount for which it was intended to be affected, to be ascertained by three appraisers appointed by the court, and sworn to make a true appraisement.

Art. 319. The word "disposition," in the three last articles, means every species of contract by which property may be subjected to any alien or onerous condition, whether by mortgage, pledge or otherwise.

Art. 320. Any one who, not having sufficient property to pay his just debts, shall voluntarily suffer a judgment to be entered in favour of any one, that shall bind or encumber any real property, or on which any personal property shall be seized, for a sum not due, or without consideration, or for an inadequate consideration, shall convey, or mortgage or affect by any onerous condition any of his property, or for a larger sum than is really due, with intent to defraud his creditors, or some one or more of them, shall be imprisoned not less than sixty days nor more than six months, shall be suspended from the exercise of his political and of his civil rights of the first class for four

years, and the imprisonment may in the whole or in part be in close custody.

Art. 321. The person who shall, collusively with such debtor, recover such judgment, shall be fined in a sum equal to the amount of such judgment, and he who knowing the intent of such conveyance, mortgage or onerous disposition, shall receive the same, shall be fined in a sum equal to the value of the property if conveyed, or the amount of the incumbrance if only mortgaged or burthened.

Art. 322. All the dispositions of the six last preceding articles take effect only in cases where the inability to pay debts appears by a forced or voluntary cession of property, or petition for a respite, or a discussion of all the property of the debtor.

TITLE XIII.

OF OFFENCES AFFECTING PUBLIC PROPERTY.

Art. 323. All the provisions for the protection of the property of individuals against fraudulent or malicious injury, apply to the property of the state, and of public and private corporations.

TITLE XIV.

OF OFFENCES AFFECTING THE PUBLIC ROADS, EMBANKMENTS, BRIDGES, NAVIGABLE WATERS, AND OTHER PROPERTY HELD BY THE SOVEREIGN POWER FOR THE COMMON USE.

GENERAL PROVISION.

Art. 324. The ordinances which the juries of police in the different parishes and the public corporations in the cities and towns are authorized to make, contain the regulations of police for the making and enlarging the embankments or levees, roads, bridges, streets, and public squares, and the penalties which are incurred by disobeying them.

CHAPTER I.

Of the levees and embankments of rivers.

Art. 325. If any one shall maliciously break down any levee or embankment made to confine the waters of any river or bayou, he shall be

fined not less than fifty, nor more than five hundred dollars, or imprisoned not less than one month nor more than one year, or both.

Art. 326. Every breach in such levee or embankment shall be deemed to be maliciously made, if it shall be attended with any injury to the property of another, and if it be done in a manner or for a purpose forbidden by the ordinances of police.

CHAPTER II.

Of the roads, bridges, and navigable waters.

Art. 327. Whoever shall make any embankment, wharf, or other construction in the bed of any navigable river, bayou, or lake, that shall impede the navigation thereof, or that shall not be allowed by the legal ordinances of police, of the police juries in the parish in which it is made, shall be fined not less than fifty nor more than five hundred dollars.

Art. 328. Whoever shall erect any fence or building, or dig any ditch, or throw up any mound of earth in any street or public road or square, or do any other act that shall obstruct the public use thereof, or shall unlawfully destroy any bridge erected thereon, shall be fined not less than five, nor more than one hundred dollars.

Art. 329. Whoever shall erect on the space set apart by the police regulations for a tow path, along any navigable waters, or on the levee or embankment of the same, or on its banks, any building, enclosure, or other construction, or any other works whatever, that shall prevent the public use thereof, or render it less convenient, unless thereunto authorized in the manner directed by law, or by the ordinances of police, shall be fined not less than fifty nor more than five hundred dollars.

Art. 330. All persons guilty of any of the offences designated in this chapter shall also be subject to such regulations as are or shall be lawfully made by the police ordinances, for the repair of any damages that may be occasioned by such offences, and the removal of the works that are forbidden by this chapter.