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whether the person be a vagrant or not, shall make out a warrant under their hands and seals, authorizing and requiring the officer having him in charge or custody, to hire out such vagrant, within twenty-four hours to the best bidder, by public outcry, or on a notice given, as they shall direct, for the highest price that can be had, for any term not exceeding four months : and such vagrant shall be subject to, and governed by, all the provisions of the act regulating apprentices, during the time for which he has been so hired. The money received for his hire shall, after deducting the costs, be, if he be without a family, paid into the county treasury; but if he have a family, the same shall be appropriated for their use and benefit: Provided, That any such vagrant, when arrested, and before judgment, may release himself by giving to said justices a bond, with good security, conditioned that he will for the next twelve months be of good behavior, and betake himself to some honest employment for support, and that he shall not, nor his family, become a county charge, through, or by reason of his idleness, immorality or profligacy.
Sec. 139. If any person shall be found, having upon him or her, any pick-lock, crow, key, bit or other instrument or tool, with intent feloniously to break and enter into any dwelling house, store, warehouse, shop or other building containing valuable property, or shall be found in any of the aforesaid buildings with intent to steal any goods and chattels, every such person so offending, shall, on conviction, be deemed a vagrant, and punished by confinement in the penitentiary, for any term not exceeding two years. And if any person shall have upon him any pistol, gun, knife, dirk, bludgeon or other offensive weapon, with intent to assault any person, every such person, on conviction, shall be fined, in a sum not exceeding one hundred dollars, or imprisoned, not exceeding three months.
Sec. 140. Every male person above eighteen years of age, who shall neglect or refuse to join the posse comitatus, or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person or persons against whom there may have issued any civil or criminal process, or by neglecting or refusing to aid and assist in retaking any person or persons, who after having been arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offence, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge or justice of the peace, or other officer concerned in the administration of justice, shall, upon conviction, be fined, in a sum not less than ten dollars, nor more than fifty dollars.
Sec. 141. If any person or persons shall open the grave or tomb where the body or bodies of any deceased person or persons shall have been deposited, and shall remove the body or bodies, or remains of any deceased person or persons from the grave or place of sepulture, for the purpose of dissection, or any surgical or anatoinical experiment, or for
purpose, without the knowledge and consent of the near relations of the deceased, or shall in any way aid, assist, counsel or procure the same to be done, every such person or persons so offending, shall, on conviction, be fined, not less than one hundred dollars nor more than five hundred dollars: Provided, That this section shall not extend to the dissection of any criminal where the same shall be directed to be delivered up for that purpose by competent authority: And provided also, That this section shall not be construed to prevent any person from removing the body or bodies of their deceased relations or intimate friends, to any other place of sepulture that he or she may think proper.
Sec. 142. If any person, being an elector, shall vote more than once at any election which may be held by virtue of any law of this State, he shall, on conviction thereof, be fined, in any sum not exceeding one hundred dollars.
Sec. 143. If any person shall, by bribery, menace, treating or other corrupt means or device whatsoever, either directly or indirectly, attempt to influence any elector of this State in giving his vote at any election, every person so offending, and being thereof convicted, shall be fined, not exceeding five hundred dollars, and shall thereafter be disqualified from voting at any election in this State for five years. .
Sec. 144. Any person who shall hereafter knowingly disturb the peace and good order of society by labor or amusement on the first day of the week, commonly called Sunday, (works of necessity and charity excepted,) shall be fined, upon conviction thereof in any sum not exceeding five dollars.
Sec. 145. The preceding section shall not be construed to prevent watermen from landing their passengers, lading and unlading their cargoes, or ferrymen from carrying over the water, travelers or persons moving with their families, on the first day of the week; nor to prevent the due exercise of the rights of conscience by any person
other day as a Sabbath, than the first day of the week.
Sec. 146. Whoever shall be guilty of any noise, rout or amusement on the first day of the week, called Sunday, whereby the peace of any private family may be disturbed, such person, so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined, in any sum not exceeding twenty-five dollars.
Sec. 147. Any person who shall, by menace, profane swearing, vulgar language or any disorderly or immoral conduct, interrupt and disturb any congregation or collection of citizens assembled together for the purpose of worshipping Almighty God, or who shall sell or attempt to sell, or otherwise dispose of ardent spirits or liquors, or any articles, which will tend to disturb any worshipping congregation or collection of people, within one mile of such place, unless the person so selling or disposing of said spirituous liquors or articles, shall be regularly licensed to keep a tavern or grocery, and shall sell the same at his said tavern or grocery, any person so offending shall be deemed guilty of a high misdemeanor, and upon conviction, shall be fined, in any sum not exceeding fifty dollars: Provided, That this section shall not be so construed as to affect
may sell whiskey or any other ardent spirits at his own distillery, store or dwelling house.
Sec. 148. Justices of the peace, respectively, in their several counties, shall have jurisdiction of the aforesaid offences, and may, on view or upon information on oath, cause every such person, having offended as aforesaid, to be apprehended and brought before him to answer such charge.
Sec. 149. Any person who shall be accused of either of the offences specified in the five preceding sections, if he choose it, shall have the cause tried by a jury of six lawful jurors, and if he shall insist on a full jury, by twelve, who shall be summoned to try the cause; and if the jury shall find the accused guilty, they shall assess and state the amount of the fine, not more than in said sections specified ; upon which the justice before whom the trial shall be had, or in the
shall plead guilty, shall give judgment for fine and costs, and proceed to collect the same without delay; and when said fine shall be collected, the officer or person collecting the same shall be required to pay it over without delay to the treasurer of the proper county, taking his receipt therefor; and which receipt shall be filed with the
any person who
clerk of the county commissioners' court; after which the said fine or fines which may be thus deposited shall be subject to the control of said court, and appropriated to the education of any poor orphan child or children of the proper county.
Sec. 150. The judgments rendered under the six preceding sections shall be subject to appeals as in cases of assault and battery and affrays, and shall be collected in the same manner.
DIVISION XII. OFFENCES COMMITTED BY CHEATS,
SWINDLERS AND OTHER FRAUDULENT PERSONS.
SECTION 151. Fraudulent conveyance, penalty for making, and 153. False pretences, person guilty of, deemed for knowingly receiving benefit of.
a cheat, punishment therefor. 152, False representations, &c., what constitutes, and 154. Fraudulent sale of lands or lots, how punished. how punished.
155. False weights, use of, how punished. Section 151. All and every person who shall be a party to
fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance had, made or contrived, with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands; or who, being parties as aforesaid, at any time shall wittingly and willingly put in use, avow, maintain, justify or defend the same or any of them as true and done, had or made in good faith, or upon good consideration, or shall sell, alien or assign any of the lands, tenements, hereditaments, goods, chattels or other things before mentioned to him, her or them conveyed as aforesaid or any part thereof, he, she or they so offending, shall, on conviction, be fined, not exceeding one thousand dollars.
Sec. 152. If any person by false representations of his own respectability, wealth, or mercantile correspondence and connexions, shall obtain a credit thereby, defraud any person or persons of money, goods, chattels or any valuable thing, or if any person shall cause or procure others to report falsely of his honesty, wealth or mercantile character, and by thus imposing upon any person or persons, obtain credit, and thereby fraudulently get into possession of goods, wares or merchandize, or any valuable thing, every such offender shall be deemed a swindler, and on conviction, shall be sentenced to return the property so fraudulently ohtained, if it can be done, and shall be fined, not exceeding one thousand dollars and imprisoned, not exceeding six months.
Sec. 153. If any person or persons shall, knowingly and designedly, by any false pretence or pretences, obtain from any other person or persons, any chose in action, money, goods, wares, chattels, effects or other valuable thing whatever, with intent to cheat or defraud any such person or persons of the same, every person so offending shall be deemed a cheat, and upon conviction, shall be fined, in any sum not exceeding one thousand dollars, and imprisoned, not exceeding one year, and shall be sentenced to restore the property so fraudulently obtained, if it can be done.
Sec. 154. Any person or persons, after once selling, bartering or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands, or town lot or lots, who shall again knowingly and fraudu
lently sell, barter or dispose of the same tract or tracts of land, or town lot or lots, or any parts thereof, or shall knowingly and fraudulently execute any bond or agreement to sell or barter, or dispose of the same land or lot or lots, or any part thereof, to any other person or persons for a valuable consideration, every such offender, upon conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than ten years.
Sec. 155. If any person shall knowingly sell by false weights or measures, or shall knowingly use false measures at any mill, in taking toll for grinding corn, wheat, rye or other grain, he or she shall be deemed a common cheat, and on conviction, shall be fined, not less than two hundred dollars, and imprisoned, not exceeding three months.
DIVISION XIII. FRAUDULENT AND MALICIOUS
Section 156. If any person shall wilfully or maliciously cut down, break down, level, demolish, or otherwise destroy or damage any bridge, embankment or milldam, or break or destroy the windows or doors of any dwelling house or other house, or shall set fire to, or burn, or destroy, or procure or cause to be burnt or destroyed, any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley or other grain of any kind, or shall cut down, girdle or destroy any fruit tree, or shade tree, or shall cut, pull down or destroy, any gate, post, railing or fence, or shall pull down, burn or destroy, any pile or piles of wood, boards or planks, or other lumber, or shall overturn any cart, wagon or other carriage, or shall run them into sloughs, holes or other places, or shall cut loose or set adrift, any canoe, ferryflat, skiff
, boat or other vessel, for mischief, or shall unlawfully, wantonly, wilfully or maliciously, kill, wound, disfigure or destroy, any horse, mare, filly, colt or gelding, or any bull, ox, steer, bullock, cow, heifer or call, or any sheep or lamb,.or any hog, pig or dog, or any other useful animal, being the property of another, every person so offending, on conviction, shall be fined, not exceeding one hundred dollars, or imprisoned, not exceeding three months, or both.
Sec. 157. If any person shall, wilfully and intentionally, break down, pull down, or otherwise destroy or injure, in whole or in part, any public jail or other place of confinement, every person so offending, shall, upon conviction, be fined, in any sum not exceeding tive thousand dollars, nor less than the value of such jail or other place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act.
Sec. 158. If any person or persons shall, at any time hereafter, wilfully and intentionally, or negligently and carelessly, set on fire, or cause to be set on fire, any woods, prairies or other grounds whatsoever, in the inhabited parts of this state, every person so offending, shall, on conviction, be fined, in any sum not less than five dollars, nor more than one hundred dollars: Provided, That this section shall
not extend to any person who shall set on fire or cause to be set on fire, any woods or prairies adjoining his or her own farm, plantation or inclosure, for the necessary preservation thereof from accident by fire, between the first day of March and the last day of November, by giving to his or her neighbors two days' notice of such intention: Provided, also, That this section shall not be construed, to take away any civil remedy, which any person may be entitled to for any injury which may be done or received in consequence of such firing.
DIVISION XIV. OFFENCES RELATIVE TO SLAVES,
INDENTURED SERVANTS AND APPRENTICES.
of, how punished.
prohibited from harboring, &c., fine and penalty
Section 159. If any person shall harbor or secrete any negro, mulatto or person of color, the same being a slave or servant, owing service or labor to any other persons, whether they reside in this State, or any other State or territory, or district within the limits and under the jurisdiction of the United States, or shall in anywise hinder or prevent the lawful owner or owners of such slaves or servants, from retaking them in a lawful manner, every such person so offending, shall be deemed guilty of a misdemeanor, and fined, not exceeding five hundred dollars, or imprisoned, not exceeding six months.
Sec. 160. If any person or persons, entitled to the service or labor of any negro, mulatto or colored person, by indenture or other contract or registry made, or entered into under the laws of the late territory of Indiana or of Illinois, having
right to hold such person of color in temporary servitude, by virtue of those laws and the constitution of this State, shall hire out, or send any
mulatto colored person, or
any of his or her children, to live or reside in any other State, territory or country, or shall cause, procure, or suffer it to be done, or shall sell or otherwise dispose of any such person of color, or the children of such, for the purposes aforesaid, to any citizen or resident of another State, territory or country, before the expiration of his or her term of service, every person so offending, and all purchasers of such colored persons so sold or removed, shall forfeit and lose all right and title or claim to the service of such person of color, and shall, on conviction, for each offence, be fined, not exceeding five hundred dollars, one-half to be applied to the use of the person injured, and the other half to the use of the county.
Sec. 161. If any keeper of a public house, or retailer of spirituous liquors, shall receive, harbor, entertain or trust any minor or apprentice within the
of twenty-one years, or any servant or slave, knowing them to be such, after having been cautioned or warned to the contrary by the parent, guardian, master or mistress of such minor, apprentice, servant or slave, in the presence of one or more credible witnesses ; every such keeper of a public house, or retailer of spirituous liquors as aforesaid, so offending, shall, upon conviction thereof, be fined in the sum of twelve dollars, and shall, moreover, forfeit his or her license.