2151. Unclean prisons. - 506.

In force April 15, 1905.]

Whoever, being a sheriff, jailer, or other person having the care and custody of any jail, work-house, prison or other lawful place of confinement, suffers the same to become foul or unclean, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars.

See section 2125, Burns' R. S. 1901.

2152. Unclean institutions-Cruelty.-507. Whoever, having charge of any county asylum or other place for the poor or insane provided at the public expense, or any home for orphans, or indigent or dependent children, or for the keeping of the poor or sick of any county, shall suffer the same to become foul or unclean, so that the health of the inmates thereof may be thereby endangered, or shall cruelly or inhumanly treat any of the inmates thereof, or shall fail to furnish such inmates plenty of good, wholesome food and comfortable clothing shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars.

2153. Official negligence.-508. Any clerk of a circuit court, sheriff, coroner, constable, or other ministerial officer who shall refuse or neglect to perform any duty he is required by law to perform in any criminal case or proceeding, and any officer whose duty it is to execute any warrant legally issued in any criminal case, who shall unnecessarily delay to serve any such warrant which is delivered to him to execute, when it is in his power to serve the same, either alone or by calling assistance, shall, on conviction, be fined not less than ten dollars nor more than five hundred dollars, to which may be added imprisonment in the county jail not less than ten days nor more than six months.

See notes to section 2127, Burns' R. S. 1901.

2154. Refusing to aid officer.-509. Whoever, when required by any sheriff or his deputy, or by any coroner, constable, or any conservator of the peace, to assist him in the execution of his office or in the service of any process, shall refuse or neglect to render such assistance, without having a valid cause for so refusing or neglecting, shall, on conviction, be fined not less than five dollars nor more than one hundred dollars.

See notes to section 2128, Burns' R. S. 1901.

2155. Common barrator.-510. Whoever frequently encourages quarrels or lawsuits among the citizens of this state, shall be deemed a common barrator, and, on conviction, shall be fined not exceeding five hundred dollars, and imprisoned in the county jail not exceeding six months.

2156. Usurpation of office.-511. Whoever officiates in any place of authority without being legally authorized is guilty of usurpation, and, on conviction, shall be fined not less than ten dollars nor more than five hundred dollars.

2157. Officer acting without qualifying.-512. Whoever, having been elected or appointed to any office, or being the deputy of any officer so elected or appointed, shall perform any of the duties of such office without having taken and subscribed the oath prescribed by law, or before having given and filed the bond required of him, and in the manner prescribed by law, shall, on conviction, be fined not less than ten dollars nor more than one thousand dollars.

2158. Intoxicated officer.-513. Whoever, holding an office under the constitution and laws of this state, becomes or is intoxicated during the business hours of his office, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail not more than ten days; and for a second offense he may be deprived of his office by the judgment of the proper circuit court.

See notes to section 2132, Burns' R. S. 1901.

2159. County office-Proper place.-514. Any auditor, treasurer, clerk of the circuit court, or recorder of a county, who shall, without the consent of the board of commissioners of the county, keep his office, and the books and papers belonging thereto, in any building other than that provided by such board for that purpose, shall, on conviction, be fined not exceeding one thousand dollars.

2160. Officer discounting orders.-515. Any auditor, treasurer, clerk of the circuit court, sheriff or member of the board of commissioners of a county, who shall purchase or receive in payment any demand against such county for less than the face value of such demand, shall be fined not less than ten dollars nor more than five hundred dollars.

2161. Extortion from pensioner.-516. Whoever, having authority to administer oaths, shall charge or receive from any discharged soldier

or seaman, or the widow, orphan, child or legal representative of a deceased soldier or seaman more than fifteen cents for administering any oath, or giving any official certificate for the procuring of any pension, bounty, prize-money or back pay, shall, on conviction, be fined not less than five dollars nor more than fifty dollars.

2162. Officers interested in public contracts.-517. Any state officer, county commissioner, township or town trustee, mayor or a common councilman of any city, school trustee of any town or city, or their appointees or agents, or any person holding any appointive power, or any person holding a lucrative office under the constitution or laws of this state, who shall, during the time he may occupy such office or hold such appointing power and discharge the duties thereof, be interested, directly or indirectly, in any contract for the construction of any state house, court house, school house, bridge, public building or work of any kind, erected or built for the use of the state, or any county, township, town or city in the state, in which he exercises any official jurisdiction, or who shall bargain for or receive any percentage, drawback, premium, or profits or money whatever, on any contract, or for the letting of any contract, or making any appointment wherein the state, or anv county, township, town or city is concerned, on conviction, shall be fined not less. than three hundred dollars nor more than five thousand dollars, and be imprisoned in the state prison not less than two years nor more than fourteen years, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

See notes to section 2136, Burns' R. S. 1901.

2163. Township trustee-Payment of claims.—518. If any township trustee shall unlawfully refuse to pay any just claim or demand against any fund of such township, when the money belonging to such fund is in his hands, he shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than ten dollars nor more than fifty dollars.

2164. Bribery of officer.-519. Any person who shall pay or agree to pay any money, or deliver anything of value to any state officer, county commissioner, township or town trustee, mayor or common councilman of any city, school trustee of any city or town, or to any other person holding a lucrative office, or appointment or agency under the constitution or laws of this state, for the purpose of procuring any contract for the construction of any state house, court house, school house, bridge, or other public building, or the performance of any work or furnishing of any material for the use of the state, or of any county, township, town or city in this state, over which such person has any official jurisdiction, or who, having any such contract, shall pay or agree to pay to any of the officers or persons above named any money, percentage, reward, drawback, premium or profits on such contract, on conviction, shall be fined not less than three hundred dollars nor more than five thousand dollars, and be imprisoned in the state prison not less than two years

nor more than fourteen years, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. 2165. State auditor-Illegal warrant.-520. If the auditor of state shall draw any warrant upon the treasurer of state, unless there be money in the treasury belonging to the particular fund upon which such order is drawn to pay the same, and in conformity to appropriations made by law, he shall, on conviction, be fined not less than one hundred dollars nor more than one thousand dollars, and be imprisoned in the county jail not less than one month nor more than six months.

See notes to section 2139, Burns' R. S. 1901.

2166. State officer not accounting.-521. If the secretary, auditor or treasurer of state, or any deputy or other person in their employ, or in the employ of either of them, shall receive any fee, bonus, gratuity or perquisite of any kind, on account of any public money or on account of any public or official duty, and shall fail or neglect to report and to pay the same into the treasury of state, in the manner and at the time required by law, he or they shall, on conviction, be fined in a sum equal to double the value of the amount so received, and be imprisoned in the county jail not less than one month nor more than one year.

See notes to section 2140, Burns' R. S. 1901.

2167. Obstructing examination of state treasury.-522. If any officer of the state, or any other person, shall hinder or attempt to hinder, obstruct or attempt to obstruct, any inspection or examination of the state treasury by persons authorized to make such inspection and examination, he shall, on conviction, be fined not less than twenty dollars nor more than one hundred dollars, and be imprisoned in the county jail for three months.

2168. State treasurer-False report.-523. If the treasurer of state or any other state officer shall wilfully or fraudulently make any untrue or false statement in regard to the amount of money on hand in the treasury of the State of Indiana, when a statement is required of him by law, he shall, on conviction, be imprisoned in the state prison not less than one year nor more than fourteen years.

2169. State treasurer-Illegal paying.—524. If the treasurer of state or any deputy or person in his employ shall pay out or receive any publie money in any other manner than as prescribed by law, he shall, on conviction, be fined not less than fifty dollars nor more than five hundred dollars, and be imprisoned in the county jail for one year.

See notes to section 2143, Burns' R. S. 1901.

2170. State treasurer-False voucher.-525. If the treasurer of state shall accept, receive or seek to be allowed in his favor any warrant or voucher from any creditor of this state, without having paid to such creditor, in such funds as such treasurer may have received for disbursement, or such other funds as he may be authorized to take in ex

change, the full amount specified in such warrant or voucher, he shall, on conviction, be fined in a sum equal to the difference between the amount paid and the amount of the warrant or voucher, and be imprisoned in the county jail not less than one month nor more than one year. 2171. State treasurer-Defalcation.-526. If the treasurer of state, having money belonging to any public fund in his hands, shall refuse to pay any warrant drawn on such fund, or if any such officer, at the expiration of his term of office, shall fail or refuse to pay or deliver over to the person or persons authorized to receive the same, any money or other property in his hands as such treasurer, he shall, on conviction, be imprisoned in the state prison not less than one year nor more than twenty-one years, and shall be fined in a sum equal to the value of the money or property so withheld by him.

2172. Common council-Breaking quorum.-527. Whenever it shall happen that a quorum shall not be present or voting in the common council of any city of the State of Indiana, at any stated or special meeting thereof, by reason of the wilful or intentional absence of any member or members of the same, or of his or their refusing to vote, or to answer to their names on any vote or roll-call, any member of such common council so refusing to vote or to be present or to answer to his name, with the intent to defeat, delay or obstruct legislation or legislative action, or the business of such common council, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than one hundred dollars nor more than one thousand dollars.

2173. General assembly-Breaking quorum.-528. Whenever it shall happen that a quorum shall not be present or voting in the senate or the house of representatives of the State of Indiana, by reason of the wilful or intentional absence of any member of such senate or house, or of their refusing to vote or to answer to their names on any vote or rollcall, any such member of the general assembly so wilfully refusing to vote, to be present or to answer to his name, with the intent to defeat, delay or obstruct legislation or legislative action, shall, on conviction, be fined one thousand dollars. The Marion criminal court shall have original jurisdiction of all offenses arising under this section.

2174. Neglect of roads.-529. If any person [who] has the official supervision of roads in any road district, fail to keep the ways and bridges in his road district in as good repair as the available labor or other means of such district will enable him to do, or fail to discharge any other duty required of him by law, he shall, on conviction, be fined not less than five dollars nor more than one hundred dollars.

See notes to section 2148, Burns' R. S. 1901.

2175. Recording deed without transfer.-530. If any county recorder shall record any deed of conveyance without having the certificate of the auditor showing the entry for taxation indorsed thereon, as required by law, he shall, on conviction, be fined three dollars.

2176. Clerk bureau of printing-Misfeasance. 531. If the clerk in