[Acts 1889, p. 428. In force March 11, 1889.]

2044. (E. S. 347.) Using traction engine on highway.-1. Any person or owner of a traction or road engine shall, while using the said engine on any public highway, street or alley of any incorporated town or city, send some person in advance of said engine, not less than fifty yards, to warn all persons approaching, who are in charge of a horse, team or teams, of their proximity to such engine.

2045. (E. S. 348.) Duty of engineer.-2. And it shall be the duty of the engineer in charge of said engine, or the owner thereof, upon the approach of said horse, team or teams, to drive said engine to one side of the road or street when practicable, and to stop said engine until said horse, team or teams have passed said engine, and the whistle of said engine shall not be sounded while said horse, team or teams are passing.

2046. (E. S. 349.) Penalty.-3. Any person or persons violating any provisions of this act, shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than five dollars, and not exceeding fifty dollars.

[Acts 1889, p. 378. In force May 10, 1889.]

2047. (E. S. 351.) Heavy hauling on highways.-1. It shall be unlawful for any person to haul over any turnpikes or gravel roads at any time when the same is [are] thawing through, or is [are], by reason of wet weather, in condition to be cut up and injured by heavy hauling, a load on a narrow tired wagon of more than twenty hundred pounds, or on a broad tired wagon or [of] more than twenty-five hundred pounds, and any person violating the provisions of this act shall be fined not less than five dollars, nor more than fifty dollars, for each load so hauled.

[1881 S., p. 174. In force September 19, 1881.

2048. (1965.) Cutting shade trees.-64. Whoever removes, destroys, cuts, or girdles any shade tree, or carries off or removes or in anywise injures the protecting box of any shade tree, in any city, town, or village of this State, shall be fined in any sum not more than fifty dollars nor less than three dollars; but this section shall not be so construed as to prevent any owner of grounds from making any necessary alterations in the walks or trees on the same.

2049. (1966.) Altering or removing landmark.-65. Whoever knowingly displaces or removes any monument erected for the purpose of designating or perpetuating the corner or any other point in the boundary of any tract of land; or maliciously or mischievously defaces or alters the mark upon any monument, landmark or bearing-tree for the purpose of designating any point, course or line in the boundary of any tract of land; or willfully cuts down or removes any monument, landmark or bearing-tree, upon which such mark shall be made, with the intent to destroy or deface such mark-shall be fined not more than two hundred dollars nor less than five hundred dollars, to which

may be added imprisonment in the county jail not more than six months nor less than ten days.

An indictment following the language of the statute is sufficient. The intent with which the removal of a landmark is made need not be alleged. Stratton v. State, 45 Ind. 468.

To constitute the removal of a monument criminal, the monument must have been set up in pursuance of lawful authority. Stratton v. State, 45 Ind. 468.

2050. (1967) Injuring dams or drains.-56. Whoever injures any dam, drain, embankment, ditch, or other construction made in pursuance of law, or made for the protection of any highway, railroad or bridge; or willfully destroys or throws down any mile-post, guide-post, or guide-board, or alters or defaces any inscription or device thereon, shall be fined in any sum not exceeding fifty dollars, to which may be added imprisonment in the county jail not exceeding ten days.

2051. (1968.) Defacing legal advertisements.-67. Whoever maliciously or mischievously tears down, removes, destroys or defaces any legal advertisement, hand-bill or other public notice lawfully posted up in any place not belonging to nor occupied by such person, shall be fined in any sum not exceeding ten dollars.

2052. (1969.) Posting bills on building.-68. Whoever paints, prints, pastes, stencils, or otherwise marks upon, or in any manner places upon or affixes to any building, fence, wall or tree, without the consent of the owner thereof, any word, letter, character, figure, sentence or device, or any hand-bill or notice, shall be fined not more than fifty dollars nor less than five dollars; but this section does not apply to the posting of any hand-bill or notice of any public sale of property by any sheriff, administrator, executor, guardian or licensed auctioneer, or to any notice required by any law to be posted.

2053. (1970.) Altering marks.-69. Whoever maliciously alters or defaces the mark or brand of any horse, mare, gelding, foal, filly, jack, mule, ass, sheep, goat, cattle, or hog of another, or marks or brands any such animal, with intent to steal the same, shall be fined in any sum not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not exceeding six months.

2054. (1971.) Injuring or killing animals.-70. Whoever maliciously or mischievously injures or kills, by administering poison or by means of a deadly weapon, or in any other manner, any horse, mare, gelding, foal, filly, jack, mule, ass, sheep, goat, cattle, or hog of another, shall be fined in any sum not more than five hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not exceeding twelve months.

See section 2034.

2055. (1972.) Forcible entry or detainer.-71. Whoever violently takes or keeps possession of any lands, with menaces, force, and arms, and without authority of law, is guilty of forcible entry or forcible detainer, as the case may be, and, upon conviction, shall be fined not exceeding one thousand dollars.

As to what is a sufficient description of the premises in prosecutions for forcible entry and detainer, see Strong v. State, 105 Ind. 1.

Charging the forcible entry and detention of a dwelling-house is equivalent to charging the entry and detention of the land on which the house is situate. Endsley v. State, 76 Ind. 467.

It is not necessary to show a legal title to the property in the person kept out of possession, peaceable possession being sufficient. Swails v. State, 4 Ind. 516; Vess v. State, 93 Ind. 211; Higgins v. State, 7 Ind. 549.

Proof of the description of the property must correspond to that in the indictment. Ball v. State, 26 Ind. 155.

Persons lawfully in possession of property can not be prosecuted for forcibly holding possession. Vess v. State, 93 Ind. 211.

Any show of force that deters a person from taking or retaining possession, is sufficient to sustain a charge of forcible entry or detainer. Strong v. State, 105 Ind. 1; Archey v. Knight, 61 Ind. 311.

On a charge of forcible entry and detainer, there may be an acquittal of one charge and a conviction on the other. Strong v. State, 105 Ind. 1.

2056. (1973.) Defacing library books.-72. Whoever, having access to, or being in possession of any book, magazine, newspaper, manuscript, map, chart, plan, painting, engraving, photograph, or other literary property of any library organized under the laws of this state or belonging to any educational institution in this state, shall willfully or mischievously cut, mark, mutilate, deface, write in or upon the same, or otherwise injure the same, or procure the same to be done, or who shall willfully or mischievously injure or deface any book, plate, or library mark, shall be fined in any sum not less than ten nor more than one hundred dollars.

[1881 S., p. 174. In force September 19, 1881.]

2057. (1974.) Unauthorized military expedition.-73. Whoever begins or sets on foot, or provides or prepares the means for, any unauthorized military or naval expedition or enterprise, to be carried on from this state against the territory or people of any state of the United States, shall, upon conviction thereof, be imprisoned in the state prison not more than fourteen years nor less than two years, fined not more than five thousand dollars nor less than one hundred dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

[1861 S., p. 44. In force May 9, 1861.]

2058. (1975.) Aiding hostile army.-1. Any person or persons belonging to or residing within this state, or under the protection of its laws, who shall take or accept a commission or commissions from any person or persons, state or states, or other enemies of this state, or of the United States, for the purpose of joining or commanding any army or band of men hostile to or in rebellion against this state or the United States; or who shall knowingly and willfully aid or assist any enemies in open war, or persons in rebellion against this state or the United States, by joining their armies, or by enlisting or procuring or persuading others to enlist for that purpose; or by furnishing such enemies or persons in rebellion with arms or ammunition or provisions or any other articles for their aid or comfort; or by shipping, sending or carrying to such enemies or rebels, or their agents, any arms, ammunition, or provisions, or other articles for their aid or comfort; or by carrying on a traitorous correspondence with them; or shall form or be in any wise concerned in forming any combination or plot or conspiracy for betraying this state or the United States, or the armed forces of either, into the hands or power of any foreign enemy; or of any organized or pretended government engaged in resisting the laws or authority of the government of the United States of America; or shall give or send any intelligence to any such enemies or pretended government, or their forces, for that purpose,-shall, upon conviction thereof, be imprisoned in the state prison for a term not less than two nor more than twenty-one years, and be fined a sum not exceeding ten thousand dollars.

2059. (1976.) Privateering.-2. Every person who shall, within this state, build, construct, alter, fit out, or shall aid or assist in building, constructing, or fitting out any vessel or boat for the purpose of making war or privateering or other purpose, to be used in the service of any person or parties whatsoever, to make war on the United States of America, or to resist, by force, the execution of the laws of the United States; or for the purpose of privateering under authority of any organized or pretended government, shall, upon conviction thereof, be imprisoned in the state prison for a term not less than two nor more than twenty-one years, and be fined a sum not exceeding ten thousand dollars.

[1881 S., p. 174. In force September 19, 1881.]

2060. (1977.) Challenge to duel.-74. Whoever gives or accepts a challenge to fight a duel, or agrees to go out of the state for the purpose of fighting a duel, or under pretense of fighting a duel, or who carries to any person a challenge to fight a duel, shall, upon conviction thereof, be fined in any sum not less than one hundred dollars, and be imprisoned not exceeding one year in the jail of the proper county, and ever after be ineligible to any office of trust or profit.

The giving of a verbal challenge to fight a duel is an indictable offense. State v. Perkins, 6 Blkf. 20.

2061. (1978.) Dueling.-75. Whoever fights a duel, if death do not ensue, on conviction shall be fined in any sum not less than one hundred dollars, and be imprisoned in the jail of the proper county for any term of time not exceeding one year, and shall ever afterward be ineligible to any office of trust or profit.

2062. (1979.) Prize-fighting.-76. Whoever engages as principal in any prize-fight, or attends any such fight as a backer, trainer, second, umpire, assistant, or reporter, shall be fined not less than fifty nor more than five hundred dollars, to which may be added imprisonment in the county jail not exceeding six months.

2063. (1980.) Affray.-77. If two or more persons, by agreement, fight in any public place, the persons so offending are guilty of an affray, and shall be fined not exceeding twenty dollars, or imprisoned in the county jail not exceeding five days each.

See section 1707.

An indictment for an affray must charge with whom the defendant fought. 'State v. Vanloan, 8 Ind. 182.

Charging that persons fought in a highway does not of itself show the fighting to have been in a public place. State v. Weekly, 29 Ind. 206; Williams v. State, 64 Ind. 553. See State v. Waggoner, 52 Ind. 481; State v. Moriarity, 74 Ind. 103.

It must be shown that the parties fought by agreement. Seeing them fighting raises no presumption that they fought by agreement. Klum v. State, 1 Blkf. 377.

A conviction for an affray merges an assault and battery committed in the commission of the affray. Fritz v. State, 40 Ind. 18.

2064. (1981.) Riot.-78. If three or more persons shall do an act in a violent and tumultuous manner, they shall be deemed guilty of a riot, and, upon conviction thereof, shall be fined not exceeding five hundred dollars each, to which may be added imprisonment in the county jail for any time not exceeding three months.

As to the form and sufficiency of an indictment for riot, see State v. Dillard, 5 Blkf. 365; State v. Skaggs, 6 Blkf. 37; State v. Voshall, 4 Ind. 589; Kiphart v. State, 42 Ind. 273; State v. Brown, 69 Ind. 95; State v. Acra, 2 App. 384.

If three or more persons, acting in concert, make a great noise, tumultuously, in the hearing of others, it constitutes a riot. Bankus v. State, 4 Ind. 114.

The doing of a lawful act may constitute a riot. Kiphart v. State, 42 Ind. 273. One person can not be found guilty of a riot when all the others charged are acquitted. Turpin v. State, 4 Blkf. 72; Hardebeck v. State, 10 Ind. 459.

The separate and independent acts of a person committed just at the close of a riot will not make him guilty of a riot. Sloan v. State, 9 Ind. 565.

The conviction for a riot may not be a bar to a conviction for another offense which was merely incidental to the riot. Wininger v. State, 13 Ind. 540.

The acts and declarations of the defendants are admissible against them, though the commission of another crime may be shown thereby. Gallaher v. State, 101 Ind. 411.

[Acts 1889, p. 50. In force Febuary 28, 1889.]

2065. (E. S. 362.) Riotous conspiracy.-1. That if three or more persons shall unite or combine together for the purpose of doing any unlawful act in the night-time, or for the purpose of doing any unlawful act while wearing white caps, masks, or being otherwise disguised, shall be deemed guilty of a riotous conspiracy, and upon convic