parents whose child would be entitled to a share of any personal estate or to inherit any real estate, with the intent of intercepting the inheritance of any such real estate or the distribution of any such personal property, from any person lawfully entitled thereto, shall, upon conviction thereof, be imprisoned in the state prison not more than - fourteen years nor less than two years.

2104. (2017.) Substituting child.-112. Any person to whom an infant under the age of six years shall be confided for nursing, education, or any other purpose, who shall, with intent to deceive any parent or guardian of such child, substitute and produce to such parent or guardian another child in place of the one so confided, shall, upon conviction, thereof, be imprisoned in the state prison not more than fourteen years nor less than two years.

2105. (2018.) Extortion.-113. Any officer, under the constitution or laws of this state, who, by color of his office, asks, demands, or receives any fee or reward, other than is allowed by law, to execute or do his official duty, or taxes, charges, asks, demands, or receives any more or greater fees than are allowed by law for such official duty; or any officer who requires any deputy appointed by him to divide or pay back to such officer a part of the legal fees of such deputy; or who fails to perform any duty in the manner and within the time prescribed by law,-shall, upon conviction thereof, be fined in any sum not more than five hundred dollars nor less than ten dollars, and imprisoned in the county jail not exceeding six months. And any such officer so offending a second or subsequent time, upon conviction thereof, shall be imprisoned in the state prison not more than three years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

See section 2135, and Acts 1883, p. 48. Ell. Supp., section 1969. Also fees and salaries, volume 3, and section 129, Acts 1891, p. 451.

An indictment under this section for collecting more than was due should state how much was due, and if nothing was due the fact should be stated. State v. Coggswell, 3 Blkf. 54.

When it is alleged that the officer received more than was due, the amount illegally received need not be stated. State v. Stotts, 5 Blkf. 460.

An indictment showing the receipt by an officer of more fees than was due is sufficient. Emory v. State, 6 Blkf. 106.

An indictment should properly describe the writ or execution under which it is alleged money was illegally collected. Seany v. State, 6 Blkf. 403.

An indictment lies for obtaining money by extortion from a county. State v. Moore, 1 Ind. 548.

A county treasurer who receives illegal fees in the collection of taxes by distress and sale is liable under this section. State v. Burton, 3 Ind. 93.

2106. (2019.) Judge practicing law. -114. Whoever, being a judge of any supreme, circuit, superior, or criminal court, directly or indirectly practices law in any of the courts of this state, or gives counsel or advice in relation to any business in said courts, or in the supreme court in relation to any case appealed from his court, or keeps an office for the transaction of legal business or for the purpose

of giving counsel or advice in legal matters, shall be fined in any sum not more than five hundred dollars nor less than twenty-five dollars. 2107. (2020.) County officer practicing law.-115. Whoever, being the clerk of any of the courts of this state, county auditor, county treasurer, recorder, sheriff, or the deputy of any one of said officers, practices law in any of the courts of this state, shall be fined in any sum not more than five hundred dollars nor less than twenty-five dollars.

This section is constitutional. McCracken v. State, 27 Ind. 491.

2108. (2021.) Holder of office acting as notary.-116. Whoever, while holding any lucrative office, or being an officer or employe in any bank, corporation, or association possessed of banking powers, acts as a notary public in the business of any such bank, corporation, or association, shall be fined in any sum not more than one thousand dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days.

2109. (2022.) Falsely attesting affidavit.-117. Whoever, being a notary public or other officer or person authorized to administer oaths, certifies that any person was sworn or affirmed before him to any affidavit or other instrument of writing, when, in fact, such person was not so affirmed or sworn, shall be imprisoned in the state prison not more than three years nor less than one year, and fined not more than one thousand dollars nor less than ten dollars.

2110. (2023.) Falsely attesting acknowledgment.-118. Whoever, being a notary public or other officer authorized to take and certify acknowledgments of conveyances, mortgages, or other instruments of writing, shall append his signature as such officer when no official seal is required, or shall append his signature and affix his official seal when such seal is required by law to be affixed to the certificate of acknowledgment of any conveyance, mortgage, or other instrument of writing required to be recorded in this state, or which can not legally be recorded therein without acknowledgment and certificate thereof, when at the time of such signing or of such signing and sealing, the grantor, mortgagor, or other party executing such deed, mortgage, or other instrument had not first acknowledged the execution thereof before such notary public or other officer as aforesaid, shall be imprisoned in the state prison not more than three years nor less than one year, and fined not more than one thousand dollars nor less than ten dollars.

2111. (2024.) Officer not explaining instrument.-119. Whoever, being a notary public or other officer authorized to receive the acknowledgment of deeds, mortgages, and other instruments of writing, in any case where the party executing such deed, mortgage, or other instrument of writing shall sign the same with his or her mark, or where such officer has good cause to believe that the contents and purport of such deed, mortgage or other instrument of writing are not fully known to the party executing the same, neglects or refuses to fully explain to such party so executing the same, the contents and purport of such

deed, mortgage, or other instrument of writing before certifying to the acknowledgment thereof, 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 more than six months, nor less than ten days.

2112. (2025.) Notary acting after office expires.-120. Whoever, having been appointed a notary public, does or performs any act as a notary public, after the expiration of his term of office, knowing that such term of office has expired, shall be fined not more than five hundred dollars nor less than twenty-five dollars.

2113. (2026.) Justice or constable purchasing judgment.-121. Whoever, being a justice of the peace or constable of any township, shall, directly or indirectly, purchase any judgment, or interest therein, on the docket of such justice, or upon any docket in his possession, shall be fined not more than two hundred dollars nor less than twenty-five dollars.

2114. (2027.) Suffering capital criminal to escape.-122. Whoever, having lawfully the custody of any person charged with or convicted of any crime the punishment for which is death, shall voluntarily suffer such prisoner to escape, on conviction thereof, shall be imprisoned in the state prison not more than twenty-one years nor less than two years.

2115. (2028.) Suffering felon to escape.-123. Whoever, having lawfully the custody of any person charged with or convicted of any felony the punishment for which is confinement in the state prison, shall voluntarily suffer such prisoner to escape from his custody, upon conviction thereof, shall be imprisoned in the state prison not more than fourteen years nor less than two years.

2116. (2029.) Aiding prisoner to escape.-124. Whoever, not being a person having the lawful custody of any prisoner charged with or convicted of a felony, shall aid or accomplish the escape of such prisoner, shall be imprisoned in the state prison not more than twentyone years nor less than two years.

An indictment for aiding the escape of a prisoner need not set out the indictment against the prisoner, it being sufficient to set out the substance of the felony which he was held to answer. Gunyon v. State, 68 Ind. 79.

For contents and sufficiency of an indictment under this section, see Stewart v. State, 111 Ind. 554.

2117. (2030.) Aiding convict to escape.-125. Whoever aids or induces, or attempts to induce, any convict in the state prison to escape or attempt to escape therefrom; or who shall convey into such. state prison anything, with intent to facilitate the escape of such convict,—shall be imprisoned in the state prison not more than twentyone years nor less than two years.

2118. (2031.) Aiding prisoner to escape from jail, etc.—126. Whoever aids or assists a person lawfully confined in any jail, work-house, city prison, or other lawful place of confinement to escape therefrom or in an attempt to escape therefrom; or who shall convey into such

place of confinement anything with intent to facilitate the escape of such prisoner, although no escape be actually made,-shall be fined not more than five hundred nor less than fifty dollars, and imprisoned in the county jail not more than one year nor less than three months. 2119. (2032.) Suffering person charged with misdemeanor to escape.-127. Whoever, having lawfully the custody of any person charged with or convicted of any misdemeanor or with the offense of bastardy, shall voluntarily or negligently suffer such prisoner to escape out of his custody, shall be fined in any sum not more than one thousand dollars nor less than one hundred dollars.

An indictment under this section need not allege that the prisoner was held by a sufficient warrant, nor need a copy of the warrant be set out. State v. Sparks, 78 Ind. 166.

2120. (2033.) Obstructing writ of habeas corpus.-128. Whoever, having under his restraint any person for whose relief a writ of habeas corpus shall have been duly issued, with intent to elude the service of such writ or to avoid the effect thereof, transfers such person to the custody or control of another, or conceals the place of his or her confinement or restraint, or removes him or her without the jurisdiction of the court from which the writ is issued or sought to be issued; and whoever shall knowingly aid in the commission of any such offense,— shall be fined in any sum not more than one thousand dollars nor less twenty-five dollars, to which may be added imprisonment in the county jail not to exceed ninety days.

2121. (2034.) Obstructing any legal process.-129. Whoever obstructs the execution of any legal process, or who shall forcibly free any person from legal arrest, knowing such person to be under arrest, shall be fined not more than ten thousand dollars nor less than one hundred dollars, to which may be added imprisonment in the county jail not exceeding one year.

An indictment for obstructing legal process must set forth facts showing the process to have been legally issued. State v. Tuell, 6 Blkf. 344.

It must be charged, when the offense is for freeing a prisoner from arrest, that the prisoner was forcibly freed from arrest, and that the accused knew he was under arrest. Brunson v. State, 97 Ind. 95.

If in freeing a prisoner from arrest an assault and battery is committed, there may be a conviction of this offense and an acquittal of the freeing from arrest when the assault and battery is properly charged. Rose v. State, 33 Ind. 167.

2122. (2035.) Convict escaping from state prison.-130. Whoever, being a convict confined in the state prison, escapes therefrom, upon conviction thereof, shall be imprisoned in the state prison not exceeding double the length of time for which such escaping convict was originally sentenced, to commence from the expiration of the original term of his or her imprisonment.

See section 1769.

This section defines a new crime, which is separate and distinct from the crime for which the prisoner was originally sentenced to prison. Ex parte Clifford, 29 Ind. 106.

2123. (2036.) Disobeying subpoena or citation. 131. Whoever, having been duly served with a subpoena or citation legally issued, refuses or willfully fails to obey the same, or secretes himself, or leaves the place of his residence to avoid being served with a subpoena issued or that he has reason to believe will be issued for him in any cause pending in any court, or in any matter before any legal authority; or, being present before any court or legal authority, and called upon to give testimony, refuses to take an oath or affirmation; or, being sworn or affirmed, refuses to answer any question required by such court or authority to be answered, shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than ninety days nor less than ten days. But this section shall not prevent summary proceedings for contempt.

2124. (2037.) Corruptly influencing jurors, etc.-132. Whoever, corruptly or by force or threats or threatening letters, endeavors to influence, intimidate, or impede any juror, witness, or officer, in any court of this state, in the discharge of his duty; or by threats or force, obstructs or impedes, or endeavors to obstruct or impede, the due administration of justice therein, shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than sixty days nor less than ten days.

2125. (2038.) Suffering jail, etc., to be unclean.-133. 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 be fined not more than one hundred dollars nor less than ten dollars.

2126. (2039.) Cruelty to poor.-134. Whoever, having charge of any county poor-house or place 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 be fined not more than one hundred dollars nor less than ten dollars.

2127. (2040.) Official negligence.-135. A county clerk, sheriff, coroner, constable, or other ministerial officer who refuses or neglects to perform any duty he is required by law to perform in any criminal case or proceeding; and every officer whose duty it is to execute the same who unnecessarily delays to serve any warrant, legally issued in any criminal case, which is delivered to him to execute, when it is in his power to serve the same, either alone or by calling assistance,shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days.

2128. (2041.) Refusing to aid officer.-136. Whoever, when re