quired 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, refuses or neglects to render such assistance, without having a valid cause for so refusing or neglecting, shall be fined not more than one hundred dollars nor less than five dollars.

See section 1760.

An indictment for refusing to aid an officer should allege that the accused knew of the official character of the officer. State v. Deniston, 6 Blkf. 277.

Whenever an officer is justified in making an arrest, persons assisting him will also be justified. Goodwine v. Stephens, 63 Ind. 112.

2129. (2042.) Common barrator.-137. Whoever frequently excites, stirs up, and encourages quarrels or lawsuits among the citizens of this state, shall be deemed a common barrator, and, upon conviction, shall be fined not exceeding five hundred dollars, and imprisoned not exceeding six months.

2130. (2043.) Usurpation of office.-138. Whoever officiates in any place of authority without being legally authorized is guilty of usurpation, and, upon conviction thereof, shall be fined not more than five hundred dollars nor less than ten dollars.

2131. (2044.) Officer acting without qualifying.-139. Whoever, having been elected or appointed to any office, or being the deputy of any officer so elected or appointed, performs 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 be fined not more than one thousand dollars nor less than ten dollars.

2132. (2045.) Intoxicated officer.-140. Whoever, having an office under the constitution or laws of this state, becomes or is intoxicated during the business hours of his office, shall be fined not more than one hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than ten days; and for a second offense may be deprived of his office by the judgment of the proper circuit court.

See section 8087.

The legislature has power to provide for the removal of an officer on account of intoxication. McComas v. Krug, 81 Ind. 327.

2133. (2046.) Keeping county office in improper place.-141. Any auditor, treasurer, clerk, 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 be fined not exceeding one hundred dollars.

2134. (2047.) Officer discounting orders. 142. Any auditor, treasurer, clerk, 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 more than five hundred dollars nor less than ten dollars.

2135. (2048.) Extortion from pensioners.-143. 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 be fined not more than fifty dollars nor less than five dollars.

2136. (2049.) Officer interested in public contracts.-144. 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 appointing 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 any county, township, town, or city is concerned,upon conviction thereof, shall be fined not more than five thousand dollars nor less than three hundred dollars, and imprisoned in the state prison not more than fourteen years nor less than two years, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

All contracts executed in contravention of the provisions of this section are void. Wingate v. Harrison Tp., 59 Ind. 520; Case v. Johnson, 91 Ind. 477; Benton v. Hamilton, 110 Ind. 294.

[1875 S., p. 31. In force August 24, 1875.]

2137. (2050.) Township trustee refusing to pay just demand.-49. If any township trustee shall refuse to pay any just claim or demand. against any fund of said 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 in any sum not less than ten dollars and not exceeding fifty dollars.

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

2138. (2051.) Bribery of officer.-145. Any person who shall pay or agree to pay any money, or deliver any thing 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 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, schoolhouse, 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,upon conviction thereof, shall be fined not more than five thousand dollars nor less than three hundred dollars, and imprisoned in the state prison not more than fourteen years nor less than two years, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

See sections 2096, 2100.

2139. (2052.) Auditor of state drawing warrant illegally.-146. 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 the same is drawn to pay the same, and in conformity to appropriations made by law, he shall be fined in any sum not more than one thousand dollars nor less than one hundred dollars, and imprisoned in the county jail not more than six months nor less than one month.

See sections 7664 and 7665.

No money can lawfully be drawn from the state treasury except in pursuance of appropriations made by law. Ristine v. State, ex rel., 20 Ind. 328; May v. Rice, 91 Ind. 546. Money can not be appropriated out of the state by a joint resolution of the legislature. May v. Rice, 91 Ind. 546.

2140. (2053.) State officer not accounting.-147. 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, upon conviction thereof, be fined in a sum equal to double the value of the amount so received, and imprisoned in the county jail not more than one year nor less than one month.

See sections 7649 and 7662.

2141. (2054.) Obstructing examination of state treasu'y.-148. If any officer of the state, or any other person, shall hinder of attempt to hinder, obstruct or attempt to obstruct, any inspection or tamination of the state treasury by persons authorized to make such inspection and examination, he shall, upon conviction thereof, be fird not more than one hundred dollars nor less than twenty dollars, al imprisoned in the county jail for three months.

See section 7670.

2142. (2055.) False report as to treasury of state.-149. he treasurer of state or other state officer shall willfully or frauduly make any untrue or false statement in regard to the amount of my on hand in the treasury of the state of Indiana, when a statem

required of him by law, he shall, upon conviction thereof, be imprisoned in the state prison not more than fourteen years nor less than one year.

See section 7674.

2143. (2056.) State treasurer paying illegally.-150. If the treasurer of state or any deputy or person in his employ shall pay out or receive any public money in any other manner than as prescribed by law, he shall, upon conviction thereof, be fined not more than five hundred dollars nor less than fifty dollars, and imprisoned in the county jail for one year.

See section 7664.

The treasurer of state can only pay money out of the state treasury in pursuance of appropriations made by law. State, ex rel., v. Porter, 89 Ind. 260.

2144. (2057.) State treasurer using false voucher.-151. 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 exchange, the full amount specified in such warrant or voucher, he shall, upon conviction thereof, be fined in a sum equal to the difference between the amount paid and the amount of the warrant or voucher, and imprisoned in the county jail not more than twelve months nor less than one month.

2145. (2058.) Defalcation by state treasurer.-152. 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, upon conviction thereof, be imprisoned in the state prison not more than twenty-one years and not less than one year, and shall be fined in a sum equal to the value of the money or property so withheld by him.

2146. (2059.) Breaking quorum in common council.-153. 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 willful 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, upon conviction thereof, shall be fined not more than one thousand dollars nor less. than one hundred dollars.

[1881 S., p. 517. In force April 21, 1881.]

2147. (2060.) Breaking quorum in general assembly.-4. When

ever it shall happen that a quorum shall not be present or voting in the senate or house of representatives by reason of the willful or intentional absence of any member of the same, or of their refusing to vote or to answer to their names on any vote or roll-call, any member of the general assembly so willfully 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 be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined one thousand dollars; and the Marion Criminal Court shall have original jurisdiction of all offenses arising under this section.

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

2148. (2061.) Neglect of roads.-155. 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 be fined not more than one hundred dollars nor less than five dollars.

In an indictment under this section it is not necessary that the highway has been established by law. Tate v. State, 5 Blkf. 73.

If the road is described as one within the jurisdiction of the officer, it is sufficient. State v. Harsh, 6 Blkf. 346.

The particular roads or parts of roads suffered to be out of repair should be named in the indictment. State v. McMurrin, 1 Ind. 44.

A prosecution may be maintained for not keeping roads in repair before the expiration of the time limited for expending moneys thereon in each year. State v. Hogg, 5 Ind. 515.

If the officer has no means to keep the roads in repair, he should set the fact up as a defense. Tate v. State, 5 Blkf. 73; State v. Harsh, 6 Blkf. 346; State v. Brown, 8 Blkf.69. Statutes providing a civil liability for failure to keep roads in repair do not prohibit a criminal prosecution for such failure. State v. Virt, 3 Ind. 447.

2149. (2062.) Recording deed without transfer.-156. If any county recorder shall record any deed of conveyance without having the certificate of transfer indorsed thereon, as required by law, he shall be fined three dollars.

See section 8012.

[1875 S., p. 66. In force March 13, 1875.]

2150. (2063.) Misfeasance of clerk of printing bureau.-5. If the clerk in charge of the bureau of public printing and stationery shall receive any percentage, fee, reward, or gratuity, for or on account of any favor shown in the discharge of his official duties, or shall falsely and corruptly certify any bill or allowance on account of the public printing and binding, he shall be guilty of felony, and, on conviction thereof, shall be confined in the 'state prison for any term not exceeding three years.

See section 7597.

[1875 S., p. 172. In force March 9, 1875.]

2151. (2064.) Misfeasance of inspector of grain.-13. Any duly