Vagrants, how punished, etc.

sell machines so built, in certain specified territory. (State v. Peck, 25 Ohio St. 26.)

FORM OF CHARGE.

SELLING NOTE FOR PATENT RIGHT.

Unlawfully and willfully did sell to one C. D. a certain promissory note, which said promissory note was in the words and figures. following, to wit [set out a copy of the note]; said promissory note then and there not having the words "Given for a patent right," written or printed legibly and prominently on the face thereof, and above the signature thereto; he, the said E. F., then and there knowing the consideration of said promissory note to consist of the right to make [or use, or vend] a certain patented invention called

SEC. 54. Vagrants, how punished. 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 sentenced to hard labor in the jail of the county until the fine and the costs of prosecution, and accruing costs, are paid; and for his labor such convict shall receive credit upon such fine and costs at the rate of seventy-five cents per day. (Sayler, chap. 3035, § 1.)

SEC. 55. Connecting river bridges to Ohio shore of Ohio river. Whoever connects any bridge over the Ohio river with, or attaches the same to, the Ohio shore of said river, unless the same have an unbroken and continuous span of not less than four hundred feet over the main channel of said river, shall be fined ten thousand dollars. (Sayler, chap. 1653.)

SEC. 56. Tavern-keeper permitting rioting, drunkenness, etc., in his house. A tavern-keeper who permits any kind of rioting or reveling, intoxication, or drunkenness in his house or on his premises, shall be fined not more than one hundred nor less than five dollars. (Sayler, chap. 1040, § 1.)

Pawnbroker failing to take out license, etc.

FORM OF CHARGE.

TAVERN KEEPER ALLOWING DRUNKENNESS AND DISORDER; KEEPING

DISORDERLY TAVERN.

Being the keeper of a certain tavern in said county, at his house, to wit, at said tavern, unlawfully and willfully did permit and allow rioting, reveling, intoxication, and drunkenness in the house aforesaid, and on his premises aforesaid, by M. N., O. P., R. S., and T. W., and other persons to the jurors aforesaid unknown, he, the said E. F., then and there being a tavern-keeper, at his house afore said, in the county aforesaid.

SEC. 57. Pawnbroker failing to take out license, or to keep register. A person engaged in the business of pawnbroker, who fails to take out a license therefor, or receives and advances money upon any property pledged, and fails to keep a register thereof, or of any property bought, as required by law, or who refuses to exhibit such register, or any property pledged, or property bought, if in his possession, to the chief of police, or to a police officer lawfully deputed to inspect the same, shall be fined not more than one hundred nor less than ten dollars. (Sayler, chap. 1709, § 451.)

SEC. 58. Keeper of public house keeping or permitting ball or nine-pin alley. Whoever, being the keeper of a public house, or retailer of spirituous liquors, establishes, keeps, or permits to be kept upon his lot or premises, any ball or nine-pin alley, or is interested in any ball or nine-pin alley upon the premises of another, shall be fined not more than one hundred nor less than ten dollars; and this section shall be construed to extend to any alley denominated a nine-pin alley, whether such alley is used for playing therein a greater or less number than nine pins. (S. & C. 448.)

FORM OF CHARGE.

KEEPING A NINE-PIN ALLEY.

Then and there being a keeper of a public house, to wit, a tavern, in the State of Ohio, to wit, in the county of, aforesaid, did unlawfully establish and keep, and permit to be kept, upon his lot and premises appendent to the said public house, a certain nine

Suffering Canada thistles to grow on land, etc.

pin alley, commonly known and denominated as a nine-pin alley, by then and there establishing and keeping the same, and permitting it to be kept for the use and purpose then and there of playing at a certain game commonly called nine-pins, and for the use and purpose then and there of playing at a certain game commonly denominated nine-pins, by playing therein a greater number than nine pins, to wit, ten pins.

SEC. 59. Suffering Canada thistles to grow on land, and vending seed thereof. Whoever knowingly vends any grass or other seed, in or among which there is any seed of the Canada thistle, white or yellow daisy, and whoever, being the owner or possessor of any land, suffers any Canada thistle to grow and ripen seed thereon, or on the highway adjoining the same, shall be fined twenty dollars. (S. & C. 451.)

SEC. 60. Firing cannon or exploding gunpowder on public street. Whoever, except in case of invasion by a foreign enemy, or to suppress insurrection or a mob, or for the purpose of raising the body of a person drowned, or for the purpose of blasting or removing rock, fires any cannon, or explodes at any time more than four ounces of gunpowder, upon any public street or highway, or nearer than ten rods to the same, shall be fined not more than fifty nor less than five dollars. (S. & C. 451.)

SEC. 61. Exhibiting puppet-shows, etc., for money. Whoever exhibits any puppet-show, wire-dancing, or tumbling, juggling, or sleight-of-hand, and asks and receives any money or other property for exhibiting the same, shall be fined not more than ten dollars. (S. & C. 449.)

SEC. 62. Playing bullets, or running horses, or shooting in municipal corporation. Whoever plays bullets along or across any street in any municipal corporation, or runs any horse, or shoots or fires any gun or pistol at a target within the limits of any municipal corporation, shall be fined not more than fifty nor less than five dollars. (S. & C. 448.)

3. Cohabiting in a state of adultery 12. Selling or giving away secret

SECTION 1. Bigamy. Whoever, having a husband or wife, marries another, is guilty of bigamy, and shall be imprisoned in the penitentiary not more than seven years nor less than one year. This section does not extend to any person whose husband or wife has been continuously absent for five successive years next before such marriage, without being known to such person to be living within that time. (S. & C. 404.)

Absence for five years; need not be averred in indictment.—In an Indictment for bigamy, an averment that the former husband or wife has not been "continually and willfully absent for the space of five years together, and unheard from, next before the time of" the last alleged marriage is not necessary. Such fact, if it exist, is

Bigamy.

matter of defense to be proved by the accused. (Stanglein v. State, 17 Ohio St. 453.)

Cohabitation; constitutes marriage.-It appeared from the statement in the bill of exceptions that the person who solemnized a marriage had no license or authority under the laws of the state. There was no other objection to the form of the marriage, and thereafter the parties cohabited as husband and wife. Held, that it was to be inferred from the statement that the parties openly and mutually consented to a contract of present marriage-then to become husband and wife-and thereafter cohabited as such, and that this constituted a legal marriage, and the man, having then a wife living, might, on proof of such second marriage, be properly convicted of bigamy. (Carmichael v. State, 12 Ohio St. 553.)

First marriage; may be proved by admissions of accused.-On the trial of a party indicted for bigamy, admissions made by the accused prior to the alleged second marriage, in respect to the alleged former marriage, are competent evidence to go to the jury in support of the averment of the former marriage. (Wolverton v. State, 16 Ohio, 173; Stanglein v. State, 17 Ohio St. 453.)

Infant, marriage of.—Marriages, in this state, contracted by male persons under the age of eighteen, and females under the age of fourteen, are invalid, unless confirmed by cohabitation after arriving at those ages respectively. Such a marriage, not thus confirmed, does not subject a party to punishment for bigamy, for contracting a subsequent marriage while the first husband or wife is living, under the act of 1835 (1 Curwen, 185, sec. 7). In such case, the state must prove such confirmation. (Shafher v. State, 20 Ohio, 1.)

Record of marriage in foreign country; law requiring record must be proven.-A transcript of the record of registry of a marriage in a foreign country, however well authenticated the same may otherwise be, is not competent prima facie evidence of the marriage therein declared and recorded, without proof of the laws of such foreign country requiring that such record or registry be made or kept. (Stanglein v. State, 17 Ohio St. 453.)