aforesaid, shall be prima facie evidence that the same was unlawfully killed within the state. [71 v. 149, §§ 8, 9.] SEC. 32. Whoever kills, maims, or discharges any firearms at, any wild pigeon while on its nesting ground, or at its roostings, or breaks up, or in any manner disturbs, any pigeon-roost or nesting, or the birds therein, or discharges any fire-arms at any wild pigeon within one-half mile of any pigeon roosting or nesting place, or disturbs or destroys any pigeon eggs or nestlings, shall be fined not more than fifty dollars, or imprisoned not more than thirty nor less than three days, or both. [73 v. 23, § 1.] SEC. 33. Whoever, having received verbal or written notice from any owner of inclosed and improved lands, or any lands, the boundaries of which are defined by stakes, posts, water-courses, ditches, or marked trees, his agent, or a person in charge thereof, not to hunt thereon, shoots at, kills, or pursues with such intent, on such lands, any of the birds or game mentioned in sections twenty-seven, twentyeight, and thirty of this chapter, and whoever shoots at, kills, or pursues with such intent, any of such birds or game on the lands of another upon which there is set up, in some conspicuous place, a board inscribed in legible English characters thus,No shooting or hunting allowed on these premises," or pulls down or defaces any such board, or the letters thereon, shall be fined not more than twenty-five nor less than five dollars, or imprisoned not more than thirty nor less than five days, or both. [71 v. 149, § 6; 73 v. 217, § 5.J SEC. 34. Whoever, upon the premises of another, uses or employs, or attempts to use or employ, ferrets for the purpose of catching rabbits, or driving them from their burrows or hiding places, shall be fined for the first offense not more than twenty nor less than five dollars, and for any subsequent offense not more than one hundred nor less than fifty dollars. [71 v. 32, §§ 1, 2.] SEC. 35. Whoever, except at points in the waters of this state below the common level at high or Killing or Shooting or hunting on lands of another. Pulling down or de lands. Ferrets not to be used to catch rab bits. Killing or except by Erie, and except also in the waters of natural or artifical than ten acres, injures, SEC. 36. An officer elected or appointed to an office of trust or profit in this state, and an agent, clerk, servant, or employé of such officer, or of a board of such officers, who, while acting as such officer, agent, clerk, servant, or employé, shall Catching Officer or agent of interested state. 105 Frauds by superintendents of public work. County anditor failing to report to state auditor. County auditor failing to make settlement, etc. Fraudulent entry of tax omissions by county audi tor. County recorder re cording plats before ap proval. become, directly or indirectly, interested in any contract for the purchase of any property or fire insurance for the use of the state, county, township, city, town, or village, shall be imprisoned in the penitentiary not more than ten years nor less than one year. [73 v. 86, § 21; 73 v. 31, § 22; 73 v. 43, $ 34.] SEC. 37. An officer, or a person appointed or employed by an officer, or by a board of officers, whose duty it is, by law, or by virtue of his employment, to superintend the erection, enlargement, repair, or improvement of any public. structure, or of any part thereof, or to make any plan, or specification of materials or labor therefor, or to estimate the cost thereof, or the amount of labor done on or materials furnished for the same, who knowingly makes an incomplete or fraudulent plan, specification, or estimate of cost, or any false estimate of labor done or material furnished, or knowingly permits any work to be done in any other manner than in accordance with the plans and specifications, or with material different from that required thereby; and every contractor to do any such work, or his agent, who knowingly permits materials to be used therein, or work to be done thereon, different from the plans and specifications, and in violation of the contract of such contractor, shall be imprisoned in the penitentiary not more than five years nor less than one year. [66 v. 57, § 15; 70 v. 105, § 10.] SEC. 38. A county auditor who fails to make and transmit to the auditor of state, within the time required by law, any return or report which he is by law required to make to the auditor of state, shall be fined one hundred dollars. [67 v. 107, § 24.] SEC. 39. A county auditor who refuses or neglects to make any settlement with the county treasurer according to law, or willfully fails to perform any other duty required of him by law, shall be fined in any sum not more than two thousand dollars, and shall forfeit his office. [67 v. 106, § 20.] SEC. 40. A county auditor who fraudulently places upon the duplicate of any county, as a tax omission, any assessment reported to him by any ward or township assessor, which is made to such assessor prior to the third Monday of May, annually, by any tax-payer, or any assessment made by any board of equalization, or the amount of any return made by any corporation, joint stock company, or other person or party required by law to make return to the auditor direct, or who conspires with any such assessor to increase the number or amount of tax omissions, shall be deemed guilty of having embezzled the amount of such assessment or tax, and shall be punished as for the larceny of the like sum. [73 v. 221, § 2.] SEC. 41. A county recorder who records any map or plan of any subdivision of any lot or grounds in any municipal corporation before the same has indorsed thereon the certifi cate of the engineer of such corporation, or is approved by the council thereof, as required by law, shall be fined not more than five hundred nor less than one hundred dollars. [73 v. 61, § 3.] Members of neation. Municipal officer being interested in corporation contracts, or acting as su perintendent of corporation work. SEC. 42. A member of a board of education organized boards of edunder any law of this state who accepts or receives any compensation for his seres as such member except as clerk of such board shall be deemed guilty of embezzlement of the amount so received, and punished accordingly. [70 v. 214,$67.] SEC. 43. An officer or member of the council of any municipal corporation who is interested, directly or indirectly, in the profits of any contract, job, work, or services for the corporation, or acts as commissioner, architect, superintendent, or engineer, in any work undertaken or prosecuted by the corporation during the term for which he was elected or appointed, or for one year thereafter, shall be fined not more than one thousand nor less than five hundred dollars, or imprisoned not more than six months nor less than thirty days, or both, and shall forfeit his office. [66 v. 164, § 92.] SEC. 44. A justice of the peace who fails, on the first Monday of April in each year, to make out two certified lists of all causes on his docket, civil and criminal, in which money has been paid, and remained in his hands for a period of one year or more, designating the amount, and to whom the same may be payable, or on or before the next succeeding Monday to set up in some conspicuous place in his office one of said lists, and the other in the office of the clerk of common pleas court of his county; and a justice of the peace retired from office, whether by expiration of term without reëlection, by resignation, or otherwise, who fails within one. week after so retiring to make out two like lists, but containing all causes in which money has been paid, and remained in his hands, without reference to the time when the same was received, or fails, within one week thereafter, to set up in some conspicuous place in the office of the justice of the peace with whom he is required to deposit his civil docket one of said lists, and the other in the office of said clerk of court, shall be fined not more than fifty nor less than ten dollars. [70 v. 296-7, §§ 1, 3.] MISCELLANEOUS. SEC. 45. Whoever harbors or conceals any thief or robber, knowing him to be such, shall be imprisoned in the penitentiary not more than seven years nor less than one year. [33 v. 33, § 26; S. & C. 412.] SEC. 46. A person in charge of a locomotive engine upon any railroad who fails to bring the engine, with the train, if any, thereto attached, to a full stop at least two hundred feet before arriving at any railroad crossing or connection, or crosses the same before signaled by the watchman to cross, or before the way is clear, or, when approaching any roaderossing, fails to sound the engine whistle at a distance of Justice of the peace failing to make and set up lists of unclaimed moneys in his hands. not more than one hundred nor less than eighty rods from such crossing, or to ring the engine bell continuously from the place aforesaid until the engine and cars attached thereto shall have passed such road-crossing, shall be fined not more than one hundred dollars, or imprisoned not more than thirty days, or both; or, if, by reason of a violation of this section, any person be killed, the person in charge of such engine shall be deemed guilty of manslaughter, and punished accordingly, or if any person sustain bodily injury, not producing death, the person in charge of such engine shall be imprisoned not more than twenty months nor less than one month, or fined not more than five hundred dollars, and whoever permits any car or locomotive, of which he has charge, to remain upon or across any public road, street, or alley, for a period longer than five minutes, or places any timber, or other obstruction, upon or across any such road, street, or alley, to the hindrance or inconvenience of travel thereon, shall be fined not more than twenty nor less than five dollars. [69 v. 49, §§ 1, 2; 71 v. 50, § 1.] SEC. 47. Whoever, at any other place than at a private crossing, or for any other purpose than crossing such railroad, rides or drives any horse, or other domestic animal, into any inclosure of any railroad; and whoever knowingly permits any such animal to go into, or to remain in, any such inclosure, or places within the same any feed, salt, or other thing, to induce any such animal to enter into such inclosure, or upon the track of any such railroad; and whoever, while constructing any such private crossing, or while crossing such railroad at any private crossing, suffers any fence to remain down or open for a longer time than is necessary to construct or use such crossing, shall be fined not more than ten dollars, or imprisoned not more than thirty nor less ten days: provided, that each ten hours such animals shall be knowingly permitted to remain in said inclosure, or upon said track, shall be deemed an additional offense; and animals so being upon said track, or in such inclosure, shall not be exempt from execution for any fine or costs imposed under this section. [65 v. 194, §§ 1, 2, S. & S. 117; 72 v. 32.] SEC. 48. Whoever takes, receives, hires, employs, uses, exhibits, or in any manner, or under any pretense, sells, apprentices, gives away, lets out, or otherwise disposes of, to any person, any child under the age of fourteen years, for or in the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire-walking, danoing, begging, or peddling, or as a gymnast, contortionist, rider, or acrobat, or for or in any obscene, indecent, or immoral purpose, exhibition, or practice, or for or in any business, exhibition, or vocation injurious to the health or dangerous to the life or limbs of such child, or causes, or procures, or encourages, any such child to engage therein, or causes or permits any such child to suffer, or inflicts upon it, unjustifi able physical pain or mental suffering, or willfully causes or permits the life of any such child to be endangered, or its health to be injured, or such child to be placed in such situation that its life may be endangered, or its health injured, or has in custody any such child for any of the purposes aforesaid, shall be fined not more than two hundred dollars, or imprisoned not more than six months, or both. [73 v. 219, §§ 1, 2, 3, 4; 72 v. 152.] SEC. 49. Nothing contained in the last section shall apply to or affect the employment or use of any such child as a singer or musician in any church, school, or academy, or at any concert or entertainment given for charitable purposes, or in learning the science or practice of music; and all fines imposed and collected for violations of said section, in prosecutions instituted by a duly incorporated society for the prevention of cruelty to animals, shall be paid to such society. [73 v. 219, §§ 1-6.] SEC. 50. A person of pure white blood, who intermarries, or has illicit carnal intercourse, with any negro or person having a distinct and visible admixture of African blood, and any negro, or person having a distinct and visible admixture of African blood, who intermarries, or has illicit carnal intercourse, with any person of pure white blood, shall be fined not more than one hundred dollars, or imprisoned not more than three months, or both. [58 v. 6, § 1; S. & S. 267.] SEC. 51. A probate judge who knowingly issues a lícense for the solemnization of any marriage made penal by the last section, and every person who knowingly solemnizes any such marriage, shall be fined not more than one hundred dolla. s, or imprisoned not more than three months, or both. [58 v. 6, § 2; S. & S. 267.] SEC. 52. Whoever uses upon another an anæsthetic, unless at its administration, and during the whole time the person is wholly or partly under the direct influence of it, there is present a third person competent to be a witness, shall be fined not more than twenty-five nor less than five dollars. [73 v. 154, §§ 1, 2.] SEC. 53. Whoever takes, purchases, sells, or transfers any promissory note, or other negotiable instrument, not having the words "Given for a patent right" written or printed legibly and prominently on the face of such note or instrument, above the signature thereto, knowing the consideration of such note or other instrument to consist, in whole or in part, of the right to make, use, or vend any patented invention, or invention claimed to be patented, shall be fined in any sum not more than five hundred dollars, or imprisoned not more than forty days, or both. [66 v. 93, § 2.] SEC. 54. A male person physically able to perform manual labor, who has not made reasonable effort to procure employment, or who has refused to labor at reasonable prices, who is found in a state of vagrancy, or practicing common begging, shall be fined not more than fifty dollars, and be When last section does not apply. Certain fines to whom to be paid. Pure white not to intermarry with persons having visible African admixture of blood. Penalty for solemnizing such marriage, or issuing license therefor. Administer ing an asthetics without the presence of a witness. Taking or selling note for patentright. Vagrante how punished. |