False weight or measures. False packing. Purchase of agricultural productions. Discrimination by schedule or freights by one railroad com pany against another prohibited. this State, shall use any means, by threats, persuasion or propositions, to compel or induce any person, wishing to purchase for settlement, or who may have previously settled and made improvements on public lands, to give him, directly or indirectly, any sum of money, or to promise to give the same, or any species of property in lieu thereof, as a bribe, fee, premium or consideration, for such person not to bid for said land, he shall, on conviction thereof, be fined in a sum not exceeding two hundred dollars, or be imprisoned not exceeding six months, at the discretion of the court. (d) SEC. 9. If any person shall knowingly sell by false weight or measure, he or she shall be deemed a common cheat, and, on conviction thereof, shall be sentenced to a fine not exceeding one thousand dollars, or to imprisonment for not more than six nor less than three months, at the discretion of the court. (e) SEC. 10. Any person who shall fraudulently put into any bale or bales of cotton, cask or casks, or other packages of sugar, rice or pork, or any other articles of provision, any dirt, rubbish, or other thing, shall be deemed a common cheat, and, on conviction, shall be fined in a sum not exceeding one thousand dollars, at the discretion of the court. (ƒ) SEC. 11. It shall not be lawful for any person or persons to trade, traffic for or buy, except from the producer thereof, or his authorized agent, any cotton or leaf tobacco, unless the same be baled or boxed in the usual manner, or unless upon the exhibition of some evidence in writing, showing that the producer had parted with his or her interest therein; and any person or persons so offending shall be deemed to be guilty of a misdemeanor, and, upon conviction, shall be fined in a sum not exceeding one thousand dollars, and imprisoned not exceeding six months, or be made to stand in the pillory for one hour, or be whipped not exceeding thirty-nine stripes, or be both made to stand in the pillory and be whipped, at the discretion of the court. (g) SEC. 12. Any president, superintendent, conductor, or any other person of any railroad company of the State, which is operating, or which may hereafter operate, any railroad by virtue of the act entitled an act to provide for and encourage a liberal system of internal improvements in this State, approved January 6, 1855, and any acts amendatory of the same, who shall run or cause to be run passenger or freight trains on said railroads, by a schedule or schedules of time that discriminates against any other or all others of said railroads, or shall run or cause to be run said trains, or either of them, by a schedule or schedules of time that discriminates against any main line of said railroads in favor of any branch line or lines of said railroads, or shall fix the tariff of freights in such way and rates (d) Sec. 66, Act of Feb. 10, 1832. (g) Sec. 11, Chap. 1466, Act of Jan. 15, 1866. as to discriminate against the interest of any other of said railroads, or the interests of the people affected thereby, in favor, or which may operate in favor of other or others of said railroads and of other people, the same is hereby declared to be guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of five hundred dollars for the commission of each and every offence above mentioned. (h) Intoxication of others to be SEC. 13. If any person shall, while in charge of a locomotive engine, or acting as the conductor or superintendent of a car conductors and or train of cars, or on the car or train as a brakeman, or em- punished as a ployed to attend the switches, drawbridges or signal stations misdemeanor. on any railway in this State, be intoxicated, he shall be deemed guilty of a misdemeanor, and, upon conviction before any magistrate, shall be punished by fine or imprisonment, at the discretion of the court. (i) Distilling SEC. 14. It shall be unlawful for any person or persons to distil any spirituous liquor from any article of grain, sugar, prohibited. molasses or syrup made from sugar-cane or Chinese cane, potatoes, or from any other article or articles of subsistence, except the fruits of the country, or in any way or manner to create spirituous liquor from any of said articles; and on conviction therefor such person or persons shall be punished by fine not less than ten thousand dollars, and imprisoned for not less than one year nor more than two years, at the discretion of the court. (j) Shippers of of sailor board board vessels mission. SEC. 15. It shall be unlawful for any one engaged in the business of shipping sailors, or the keeper of any sailor board- sailors, keepers ing-house, or for any one in the employ of the keeper of a ing-houses. sailor boarding-house, or for any one acting in any manner in &c., not to behalf of the keeper of a sailor boarding-house, to go on board without per of any vessel in any port or harbor of this State without first having obtained from the master of such vessel permission to go on board of his vessel. If any one engaged in the business of shipping sailors, or the keeper of any sailor boarding-house, Remaining on or any one in the employ of or acting in behalf of the keeper board, in jurisof a sailor boarding-house, shall go on board of any vessel having boarded outside the jurisdiction of this State, it shall be unlawful for out of. him to remain on board of such vessel after she has entered any port or harbor of this State without first having obtained the expressed consent of the master of such vessel. (k) SEC. 16. Any one who wilfully violates the provisions of the preceding section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding twelve months. (k) (h) Chap. 1564, Act of Dec. 14, 1866. (1) Sec. 32, Chap. 610, Act of Jan. 6, 1855. (Sec. 1, Chap. 1423, Act of 1864. diction of State. Penalty. Habitual living man not inar ried, in same CHAPTER 72. CRIMES - MISDEMEANORS-OFFENCES AGAINST CHASTITY, MO- 7. What held to be a person of bodies. color. 18. Penalties for certain tres 8. Proviso under certain exist- passes in grave-yards, &c. ing cases. 9. Such marriage to be void. 10. Penalty for white male per 19. Penalty for selling liquor, &c., within two miles of camp ground, &c. ; proviso. SECTION 1. Any colored man and white woman, who are not of colored man married to each other, who shall habitually live in and occupy and white wo in the night time the same room, no other person over fifteen years of age being present, shall be deemed guilty of a misdemeanor, and each person so convicted thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail not more than twelve months, or by both such fine and imprisonment, in the discretion of the court. (a) room in night time. &c. Habitual living of white man and colored woman, &c. SEC. 2. Any white man and colored woman, who are not married to each other, who shall habitually live in and occupy in the night time the same room, no other person over fifteen years of age being present, shall be deemed guilty of a misdemeanor, and each person so convicted thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail not more than twelve months, or by both such fine and imprisonment, in the discretion of the court. (a) SEC. 3. If any Clerk of the Circuit Court in any county in (a) Secs. 1 and 2, Chap. 3282, Act of March 4, 1881. issuing mar this State shall knowingly and wilfully issue a marriage license Clerk knowing. for a white person to marry a negro, mulatto or any person of and wilfully one-eighth negro blood, such clerk shall be deemed guilty of a riage license to misdemeanor, and, upon conviction, shall be punished by fine white people. not less than fifty nor more than one thousand dollars, or by imprisonment in the county jail not less than three months nor more than two years. (b) colored and riage ceremony. SEC. 4. If any Judge, Justice of the Peace, notary public Judge, minister or minister of the gospel, clergyman, priest or any person au- of gospel. &c.. wilfully and thorized to solemnize the rites of matrimony, shall wilfully and knowingly perknowingly perform the ceremony of marriage for any white forming mar person with a negro, mulatto or person of one-eighth negro blood, he shall be deemed guilty of a misdemeanor, and shall be punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not more than one year, or by both fine and imprisonment, at the discretion of the court. (b) marry or live in SEC. 5. If any white female resident within this State shall white female hereafter attempt to intermarry, or shall live in a state of adul- shall not intertery or fornication with any negro, mulatto, or other person of fornication and color, she shall be deemed to be guilty of a misdemeanor, adultery with and negro. upon conviction shall be fined in a sum not exceeding one thousand dollars, or be confined in the public jail not exceeding three months, or by both, at the discretion of the jury, and shall moreover be disqualified to testify as a witness against any person. (c) white woman. SEC. 6. If any negro, mulatto, or other person of color shall Negro shall not hereafter live in a state of adultery or fornication with any live in state of adultery or forwhite female resident within the limits of this State, he shall nication with be deemed to be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, or be made to stand in the pillory for one hour and be whipped not exceeding thirty-nine stripes, or both, at the discretion of the court. (c) SEC. 7. Every person who shall have one-eighth or more of who held to negro blood shall be deemed and held to be a person of color. be persons of (c) color. SEC. 8. In existing cases, upon petition to the Circuit Judge, Proviso in exparties coming within the provisions of the foregoing sections isting cases. and liable to be punished under the same, may by order and judgment of said Judge, be relieved from the penalties thereof, when in his opinion justice and equity shall so require. (c) tofore contract SEC. 9. In all cases where marriages have heretofore been Marriages herecontracted and solemnized between white persons and persons ed made valid. of color, and where the parties have continued to live as man and wife, the said marriages are hereby legalized, and neither of the parties shall be subject to the provisions of sections five, six and eight of this chapter. (c) SEC. 10. All white male persons, resident within this State, (b) Secs. 2 and 3, Chap. 3283, Act of Feb. 9, 1881. (c) Secs. 1, 2, 3, 4 and 5, Chap. 1468, Act of Jan. 12, 1866. Penalty on white person so intermarrying, &c. Persons imposing upon persons of color. Concealing who shall attempt to intermarry, or who shall live in a state of adultery or fornication with any negro, mulatto, quarteroon, or other colored female, shall be liable to indictment therefor, and on conviction shall be fined in a sum not exceeding one thousand dollars, at the discretion of the jury, and shall moreover be disqualified from exercising any office of profit or trust in this State, serving as jurors, or of giving evidence in any case, except where negroes or mulattoes are parties. (d) SEC. 11. If any person shall practice a fraud upon any persons of color, by illegally assuming to perform the marriage ceremony for them, he or they, their aiders or abbettors shall be deemed to be guilty of a misdemeanor, and upon conviction, shall be fined in a sum not exceeding one thousand dollars, or be imprisoned for a term not exceeding six months, at the discretion of the court. (e) SEC. 12. If a woman conceals the death of any issue of her child's death. body, which, if born alive, would be a bastard, so that it may not be known whether such was born alive or not, or whether it was not murdered, she shall be punished by fine not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding one year. (ƒ) Murder of bastard child. Houses of ill-fame. Lessor of honse can consider lease void in certain cases. 17 Fla., 184. Vagabonds, drunkards. night-walkers. spend-thrifts. SEC. 13. Any woman indicted for the murder of her infant bastard child, may also be charged in the same indictment with the offence described in the preceding section; and if, on the trial, the jury acquit her of the charge of murder, they may find her guilty of the concealment. (ƒ) SEC. 14. Whoever keeps a house of ill-fame, resorted to for the purpose of prostitution or lewdness, shall be punished by imprisonment in the county jail not exceeding one year. (f) SEC. 15. When the lessee of a dwelling house is convicted of the offence mentioned in the preceding section, the lease or contract for letting the house shall, at the option of the lessor, become void; and the lessor shall have the like remedy to recover the possession as against a tenant holding over after the expiration of his term. (ƒ) SEC. 16. Rogues and vagabonds, idle and dissolute persons who go about begging, persons who use juggling or unlawful games or plays, common pipers and fiddlers, stubborn children, runaways, common drunkards, common night-walkers, pilferers, lewd, wanton, and lascivious persons in speech or behavior, common railers and brawlers, persons who neglect their calling or employment, misspend what they can earn and do not provide for themselves or for the support of their families, and all other idle and disorderly persons, including therein those persons who neglect all lawful business and habitually misspend their time by frequenting houses of ill-fame, gaming houses, or tippling shops, may, upon conviction, be committed for a term not exceeding six months, to the county jail. (f) (d) Sec. 5. Act of Jan. 23, 1832. (e) Sec. 4, Chap. 1469, Act of Jan. 11, (ƒ) Secs. 11, 12, 13, 14 and 24, Sub-Chap. 8, Chap. 1637, Act of Aug. 6, 1868. |