Page:United States Statutes at Large Volume 47 Part 1.djvu/903

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72d C ONGRESS . SESS. II. CH. 109. FEBRUARY 21, 1933 .

879 " S E C . 43 6 . Every per son who w illfully injures, defaces, or remov es any signal, monument, building, or appurtenance thereto placed, erected, or used by persons engaged in the United States Coast and Geodetic Survey, the Military ~urvey of the United States Army, the Hydrographic Office of the United States Navy, or any other Gover nment surv eys, or t he Pa nama Cana l, or any publ ic se rvice company within the Canal Zone, knowing the same to be a boundary or survey monument, is guilty of a felony ." SEC . 110. That section 438 of the Penal Code of the Canal Zone is hereby amended to read as follows " SEC . 438 . 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 impr isonme nt in the pe nitent iary f or a te rm not excee ding f ive years . " SEC . 111 . That section 440 of the Penal Code of the Canal Zone is hereby amended to read as follows : " SEC. 440. Every person, not the owner thereof, who willfully injures, disfigure s, or des troys any monument , work of art, or useful or orna mental impro vement withi n the limits of 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 guilt y of a mi sdemeanor ." SEC. 112 . That section 444 of the Penal Code of the Canal Zone is hereby amended to read as follows " SEC. 444. Every person who, by means of any machine, instru- ment, o r cont rivanc e, or in any other manner , wifu lly an d frau du- lently 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 a ttempts t o use, or communic ates to o thers, any inf ormati on so obtain ed, is punis hable b y impr isonme nt in the penitentiary for not more than five years, or by fine of not to exceed $5,000, or both ." SEC . 113 . That section 445 of the Penal Code of the Canal Zone is hereby amended to read as follows " 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, compens ation or rew ard fo r the disclo sure of any p rivate infor ma- tion received by him by reason of his trust as such agent, operator or empl oyee, or use s, or attemp ts to use, an y such infor mation so obtained, is punishable by imprisonment in the penitentiary for not more than five yea rs, or by fine of not more than $5,0 00, or bo th ." SEC . 114 . That the first subdivision of section 461 of the Penal Code of the Canal Zone, defining the word "willfully,' is hereby amended to read as follows "First . The word `willfully,' when applied to the intent with which an act is do ne or omi tted, imp lies simp ly a purp ose or wi lling- ness 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 ." SEC. 115 . Nothing contained in this Act shall apply to an offense committed prior to the time when this Act takes effect . Such an Defacing Federal, etc ., monuments, et c. Mutilating written instruments . Disfiguring works of art, et c . Fraudulent reading of messages over tele . graph lines . Bribing cable agents, etc ., to obtain disclosure of contents of messages . ' Willfully" con- strued . Sa ving c lause .