SEC. 306. Arson is the willful and malicious burning of a building [of another] with intent to destroy it.

[SEC. 311. To constitute arson it is not necessary that a person other than the accused should have had ownership in the building set on fire. It is sufficient that at the time of the burning another person was rightfully in possession of, or was actually occupying such building, or any part thereof.]

SEC. 324. Forgery is punishable by imprisonment in the penitentiary for a term not [less than one nor more than] exceeding fourteen years.

SEC. 325. Every person who knowingly and willfully sends by telegraph_or telephone to any person a false or forged message, purporting to be from [such] a telegraph or telephone office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph or telephone, or who furnishes, or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or telephone, or to be delivered, any such message, knowing the same to be false or forged, with the intent to deceive, injure, or defraud another, is punishable by imprisonment in the penitentiary not exceeding five years, or in jail not exceeding one year, or by fine not exceeding [five thousand dollars] $5,000, or by both such fine and imprisonment.

SEC. 326. Every person who has in his possession or receives from another person, any forged promissory note or bank bill, or bills for payment of money or property with the intention to pass the same or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bill made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, or to defraud any person, is punishable by a fine of not more than $1,000, or by imprisonment at hard labor in the penitentiary [for] not [less than one nor] more than five years, or by both. SEC. 327. Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter, or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when, in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is punishable by imprisonment in the penitentiary for not [less than one nor] more than five years.

SEC. 327a. Every person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers to another person any check or draft on a bank, banker, or depositary for payment of money, knowing at the time of such making, drawing, uttering, or delivery, that he or his principal or the corporation of which he is an officer has not sufficient funds in, or credit with such bank, banker, or depositary, to meet such check or draft in full upon its presentation, is punishable by imprisonment in jail for not more than one year or in the penitentiray for not more than fourteen years. The word "credit" as herein used shall be construed to be an arrangement or understanding with the bank or depository for the payment of such check or draft.

SEC. 329. Counterfeiting is punishable by imprisonment in the penitentiary for not less than one nor] more than five years.

SEC. 330. Every person who has in his possession, or receives from any other person, any counterfeit gold or silver coin of the species current in the Canal Zone, or any counterfeit gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the penitentiary not [less than one nor] more than five years.

SEC. 336. That every person who, within the Canal Zone, [Isthmus of Panama] shall have in his possession any such false, forged, or counterfeited bond, certificate, obligation, security, Treasury note, bill, promise to pay, bank note, or bili issued by a bank or other corporation of the United States, State, or Territory thereof, or any foreign country, with intent to utter, pass, or put off the same, or to deliver the same to any other person with intent that the same may thereafter be uttered, passed, or put off as true, or who shall knowingly deliver the

same to any other person, with such intent, shall, upon conviction thereof as aforesaid, be punished by a fine of not more than [one thousand dollars] $1,000 [and] or by imprisonment at hard labor in the penitentiary not more than [one] five years, or by both.

SEC. 339. Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates the cuts, marks, punch holes, or other evidence of cancellation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad company, or lessees thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in jail not exceeding six months or by fine not exceeding [one thousand dollars] $1,000, or by both imprisonment and fine.

SEC. 339a. Every person who, with intent to defraud, alters any clubhouse, commissary, or restaurant check, ticket, coupon, or other evidence of a transaction with such clubhouse, commissary, or restaurant, is guilty of a misdemeanor punishable by imprisonment in jail not exceeding six months or by fine not exceeding $1,000, or by both such fine and imprisonment.

[SEC. 345. Every person who shall convert any manner of real estate of the value of twenty-five dollars and upwards into personal property by severing the same from the realty of another, with felonious intent to and shall so steal, take, and carry away the same, shall be deemed guilty of grand larceny, and, upon conviction thereof, shall be punishable by imprisonment in the penitentiary for any term not less than one year nor more than fourteen years.

Every person who shall convert any manner of real estate of the value of under twenty-five dollars into personal property by severing the same from the realty of another, with felonious intent to, and shall so steal, take and carry away the same, shall be deemed guilty of misdemeanor.]

SEC. 352. Every person who, in any country or State of the United States, embezzles or steals the property of another, or receives such property, knowing it to have been embezzled or stolen, and brings the same into the Canal Zone, may be convicted and punished in the same manner as if such embezzlement, larceny, or receiving [has] had been committed in the Canal Zone.

SEC. 354a. Any person who shall, without permission of the owner thereof, take any automobile, bicycle, motor cycle, or other vehicle, for the purpose of temporarily using or operating the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $200, or by imprisonment in jail not exceeding three months, or by both such fine and imprisonment.

SEC. 3546. Every owner or manager of an automobile garage, or agent or employee of such owner or manager, or any other person, having the care, custody, or possession of any automobile, who takes, hires, runs, drives, or uses such automobile, or who takes or removes therefrom any part thereof, without the owner's consent, is punishable by a fine not exceeding $1,000, or by imprisonment in jail not exceeding one year, or by both such fine and imprisonment.

SEC. 355. Every person who saves from fire, or from a building endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner thereof, is punishable by imprisonment in the penitentiary not [less than one nor] more than ten years.

SEC. 359. Every officer of the government of the Canal Zone, [or of any municipality, city of other civil division], and every deputy, clerk, or servant of any such officer, and every officer, director, trustee, clerk, servant, attorney, or agent of any association, society, or corporation (public or private), and any other person who fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virture of this trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.

SEC. 366. The fact that the accused intended to restore the property embezzled is no ground of defense or of mitigation of punishment, if it has not been restored before [and information] a complaint has been laid before a [municipal judge or other competent] magistrate or an information has been filed before the district court, charging the commission of the offense.

SEC. 367. Whenever, prior to any complaint laid before [municipal judge or other competent] magistrate or an information filed in the district court, charging the commission of embezzlement, the person accused voluntarily and actually

restored or tendered restoration of the propertly alleged to have been embezzled or any part thereof, such fact is not a ground of defense, but it authorizes the court to mitigate punishment, in its discretion.

SEC. 383. Every person who, after once selling, bartering, or disposing of any property, real or personal, or any interest therein, or after executing any bond or agreement for the sale of any of such property, again willfully and with intent to defraud previous or subsequent purchasers, sells, barters, or disposes of the same property, or any part thereof, or interest therein, or willfully and with intent to defraud previous or subsequent purchasers, executes any bond or agreement to sell, barter, or dispose of the same property, or any part thereof, or interest therein, to any other person for a valuable consideration, is punishable by imprisonment in the penitentiary not [les than one nor] more than ten years. SEC. 386. Every commission merchant, broker, agent, factor, or consignee, who shall willfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor, or consignee, a false statement concerning the price obtained for or the quality or quantity of any property consigned or intrusted to such commission merchant, agent, broker, factor, or consignee, for sale, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding [five hundred dollars] $500, or imprisonment in jail not exceeding six months, or by both such fine and imprisonment.

SEC. 389a. Every person who, after mortgaging any personal property, during the existence of such mortgage, with intent to defraud the mortgagee, his representative or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving, or carrying away, or other removal of the mortgaged property, or any part thereof, from the Canal Zone, without the written consent of the mortgagee; or who sells, transfers, or in any manner further incumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further incumbered, is quilly of larceny and is punishable accordingly; unless at or before the time of making such sale, transfer, or incumbrance, such mortgagor informs the person to whom such sale, transfer, or incumbrance, is made, of the existence of the prior mortgage, and also informs the prior mortgagee of the intended sale, transfer, or incumbrance, in writing, by giving the name and place of residence of the party to whom the sale, transfer, or incumbrance is to be made.

SEC. 390. Every person who willfully burns or in any other manner injures or destroys any property which is at the time insured against loss or damage by fire, or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property of or in the possession of such person, or of any other, is punishable by imprisonment in the penitentiary not [less than one nor] more than ten years.

SEC. 401. Every director, officer, or agent of any corporation or joint-stock association who knowingly receives or possesses himself of any property of such corporation or association otherwise than in payment of a just demand, and who, with intent to defraud, omits to make, or to cause [to] or direct to be made, a full and true entry thereof in the books or accounts of such corporations or associations, and every director, officer, agent, or member of any corporation or joint-stock association, who, with intent to defraud, destroys, alters, mutilates, or falsifies any of the books, papers, writings, or securities belonging to such corporation or association, or makes, or concurs in making, any false entries, or omits, or concurs in omitting, to make any material entry in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprisonment in the penitentiary not [less than three nor] more than ten years [and] or a fine not exceeding [five hundred dollars] $500. or by both such fine and imprisonment.

SEC. 420a. Any person who throws or deposits any glass bottle, glass, nails, tacks, hoops, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon any public highway in the Canal Zone shall be guilty of a misdemeanor. [SEC. 424. Every person who, within any public park, plaza, or highway, kills, wounds, or traps any bird, or destroys any bird's nest, or removes any eggs or young birds from any nest, is guilty of a misdemeanor.]

SEC. 426. Every person who willfully commits any trespass by either

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4. Digging, taking, or carrying away from any lot situated within the [limits of any municipality] Canal Zone, without the license of the owner or legal occupant thereof, any earth, soil, or stone; or

5. Digging, taking, or carrying away from any land in [any of] the [municipalities] Canal Zone recognized or established as a street, alley, avenue, or park. without the license of the proper authorities, any earth, soil, or stone; or

6. Putting up, affixing, fastening, printing, or painting upon any property [belonging to the Government or municipality, city, village, or dedicated to the public, or] of any person, without license from the owner, any notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or any picture, sign, or device intended to call attention thereto, is guilty of a misdemeanor.

SEC. 431. Every person who willfully and maliciously cuts, breaks, injures, or destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected to create hydraulic power, or to drain or reclaim any swamp and overflowed tide or marsh land, or to store or conduct water for agricultural or other purposes, or for the supply of the inhabitants of any city or town, or any embankment necessary to the same, or either of them, or willfully or maliciously makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure, with intent to injure or destroy the same, or draws up, cuts, or injures any piles fixed in the ground for the purpose of securing any sea bank, or sea walls, or any dock, quay, or jetty, lock, or sea wall, is guilty of a felony, and upon conviction, punishable by a fine not less than one hundred dollars and not] exceeding [one thousand dollars] $1.000, or by imprisonment in the penitentiary not exceeding two years, or by both. [SEC. 434. Every person who, within the anchorage of any port, harbor, or cove, into which vessels may enter for the purpose of receiving or discharging cargo, throws overboard from any vessel the ballast, or any part thereof, or who otherwise places or causes to be placed in such port, harbor, or cove, any obstructions to the navigation thereof, is guilty of a misdemeanor.]

[SEC. 435. Any person or persons who shall moor any vessel or boat of any kind, or any raft or scow to any buoy or beacon placed in the water within the jurisdiction of the government of the Canal Zone, or shall in any manner hang on to the same with any vessel, boat, raft, or scow, or shall willfully remove, damage, or destroy such buoy or beacon or any part of the same, or shall cut down, remove, damage, or destroy any beacon or beacons erected or located within the jurisdiction of the government of the Canal Zone is guilty of a misdemeanor.]

[The cost of repairing or replacing any such beacon which may have been misplaced, damaged, or destroyed shall, when said cost shall have been legally ascertained, be a lien upon such vessel, boat, raft, or scow.]

SEC. 436. Every person who willfully injures, defaces, or removes any signal, monument, building, or appurtenance thereto, placed, erected, or used by persons engaged in the United States Coast and Geodetic Survey, the Military Survey of the United States Army, the Hydrographic Office of the United States Navy, or any other Government surveys, or [Isthmian Canal Commission] the Panama Canal or any public service company within the Canal Zone, knowing the same to be a boundary or survey monument, is guilty of a misdemeanor] felony.

SEC. 43. Every person who maliciously mutilates, tears, defaces, obliterates, or destroys any written instrument, the property of another, the false making of which would be forgery, is punishable by imprisonment in the penitentiary for a term not [less than one nor more than] exceeding five years.

SEC. 440. Every person, not the owner thereof, who willfully injures, disfigures, or destroys any monument, work of art, or useful or ornamental improvement within the limits of [any municipality] the Canal Zone, or any shade tree or ornamental plant growing therein, whether situated upon private grounds or on any street, sidewalk, or public park, or place, is guilty of a misdemeanor.

SEC. 444. Every person who, by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, any message, or to learn the contents thereof, whilst the same is being sent over any telegraph line, or willfully and fraudulently, or clandestinely learns, or attempts to learn, the contents or meaning of any message while the same is in any telegraph or cable office, or is being received thereat or sent therefrom, or who uses or attempts to use, or communicates to others, any information so obtained, is punishable by imprisonment in the penitentiary for not more than five years, or by fine of not to exceed [five thousand dollars] $5,000, or both.

SEC. 445. Every person, who, by the payment or promise of any bribe, inducement, or reward, procures, or attempts to procure, any telegraph or cable agent, operator, or employee to disclose any private message, or the contents, purport, substance, or meaning thereof, or offers to any such agent, operator, or employee any bribe, compensation or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator or employee, or uses, or attempts to use, any such information so obtained, is punishable by

imprisonment in the penitentiary for not more than five years, or by fine of not more than [five thousand dollars] $5,000, or both.

SEC. 461. * * *

First. The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

This bill has been prepared and recommended by the various authorities charged with the duty of recommending proposed changes in the Canal Zone laws, and has been submitted to and approved by the Secretary of War and the Department of Justice, and its enactment is recommended by the President.