[1859, p. 103. In force August 6, 1859.]

2285. (2164.) Selling bank-notes.-6. Any person who shall knowingly exchange, barter, sell, or put away, for a valuable consideration, any bank-note or bill drawn on or by any bank of any state, knowing such bank at the time to be broken or to have suspended specie payments, without disclosing such knowledge to the person receiving such bill or note, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than ten nor more than one thousand dollars.

[1879 S., p. 154. In force May 31, 1879.]

2286. (2165.) Disturbing grave.-7. Any person who shall, without due process of law, or the consent of the surviving husband or wife or next of kin of the deceased, or of the person having the control of such grave, open any grave for the purpose of taking therefrom any such dead body or any part thereof buried therein, or anything interred therewith, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the state prison for not less than three nor more than ten years.

2287. (2166.) Taking corpse.-8. Any person who shall, without due process of law, or the consent of the surviving husband or wife or next of kin of the deceased person, take from any grave, vault or other burial place, any human body or any part thereof which has been interred therein, for any purpose other than the lawful re-interment of the same, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the state prison for not less than three nor more than ten years.

An indictment for the removal of a corpse from a grave need not allege it to be unlawfully done. State v. McClure, 4 Blkf. 328.

As to the necessary allegations in an indictment under this section, see Tate v. State, 6 Blkf. 110.

Persons near and ready to assist in the removal of a corpse from a grave may be guilty without being actually present at such removal. Tate v. State, 6 Blkf. 110.

2288. (2167.) Aiding concealment of corpse.-9. Any person who shall knowingly aid in concealing any dead body or any part thereof, which has been unlawfully taken for the purposes of dissection, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the state prison for not less than one nor more than three years.

2289. (2168.) Buying corpse.-10. Any person who shall buy or receive by gift or otherwise, any dead human body or any part thereof, knowing the same to have been disinterred and removed from its place of burial, or otherwise taken and removed in violation of this. act (1879 S., p. 154), shall be deemed an accessory to such offense, and, on conviction thereof, be punished in like manner as is prescribed in the preceding section of this act.

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

2290. (2169.) Climbing on cars in motion.-253. Whoever, not being a passenger or employe, either climbs, jumps or steps upon,

swings on, or attaches himself to any locomotive engine or car, while the same is in motion or switching upon any part of the track of a railroad within this state, shall be fined in any sum not more than three dollars.

2291. (2170.) Obstructing highway with cars.-254. Whoever being a conductor or other person having charge of or running a railroad train carrying or used for carrying freight permits or suffers the same or any car or locomotive engine composing the same to remain standing across any public highway, street, alley or farm crossing, or who whenever it becomes necessary to stop such train across any public highway, street, alley or farm crossing, fails to leave a space of sixty feet across such public highway, street, alley or farm crossing, shall be fined not more than twenty dollars nor less than three dollars. (As amended, Acts 1893, p. 296. In force May 18, 1893.)

See sections 1970, 2043, 2297.

The leaving of cars in any portion of a public highway is a violation of this section. Pittsburgh, etc., Co. v. Kitley, 118 Ind. 152.

Railroad companies may be prosecuted criminally for obstructing public highways. State v. Baltimore, etc., Co., 120 Ind. 298.

2292. (2171.) Running passenger cars without tools.-255. Whoever shall, either as conductor or engineer, assist in the running of any passenger cars over any railroad in this state, which have not been provided with an ax, sledge-hammer, saw, and bucket, placed in some convenient and conspicuous place in each passenger car, shall be fined not more than one hundred dollars nor less than ten dollars; and in such case, such railroad company employing such officer or employe shall be liable to the same penalties as such employe.

2293. (2172.) Engineer failing to stop at railroad crossing.-256. Whoever, being the engineer of any locomotive running upon any railroad track upon or over which passengers are or may be transported, runs his locomotive across or upon the track of any other railroad upon and over which passengers are or may be transported, without first coming to a full stop before crossing such other track, and without first ascertaining that there is no other train or locomotive in sight, approaching and about to pass over such other track; or who runs or permits his locomotive to cross such track when a locomotive is in sight, approaching and about to pass upon and over such crossing on such other track,-shall, on conviction thereof, be fined in any sum not more than one thousand dollars nor less than one hundred dollars, and in addition thereto shall be imprisoned in the county jail for any period not more than one year nor less than three months; and if any person shall be injured or killed by reason of such crossing, such engineer so violating the provision of this section shall be imprisoned in the state prison for any period not more than fourteen years nor less than two years.

It is the duty of engineers to stop their trains near to crossings, and ascertain whether there is a train on the other road or not before proceeding. Grand Rapids, etc., Co. v. Ellison, 117 Ind. 234.

This and succeeding sections do not change the statute defining involuntary manslaughter. State v. Dorsey, 118 Ind. 167.

2294. (2173.) Deceiving railroad engineer.-257. Whoever shall falsely report to the engineer of any locomotive running upon any railroad track upon and over which passengers are or may be transferred, that there is no train or locomotive upon the track of any other railroad, in sight and approaching the place where such roads cross, or upon such crossing; or whoever, being the conductor of any train, orders and directs the engineer to violate the provisions of the preceding section; or whoever, being a brakeman of any train of cars, by reason of his gross carelessness or willful neglect of duty, causes such train or locomotive to run across or upon such crossing-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 one year nor less than three months; and if any person shall be injured or killed by reason of such crossing, he shall be imprisoned in the state prison not more than fourteen years nor less than two years.

2295. (2174.) Untimely crossing of railroad track.-258. Whoever, being an engineer, permits his locomotive to run upon or across the track of any other railroad before the locomotive and train shall, coming upon the other track, have passed over such crossing, if the locomotive or train on the other track shall arrive at the crossing first, shall be fined not more than one thousand dollars nor less than one hundred dollars, and imprisoned in the county jail not more than one year nor less than three months; and if any person be killed or injured by reason of such crossing, he shall be imprisoned in the state prison not more than fourteen years nor less than two years.

2296. (2175.) Stopping train on crossing.-259. Whoever, being the engineer, conductor, or other person having charge of any railroad train or locomotive, permits or suffers the same to be stopped or remain stationary upon any railroad crossing, unless the same is done by united agreement and under specific regulations adopted by the directors of such crossing railroads, shall be fined not more than one thousand dollars nor less than one hundred dollars, and imprisoned in the county jail not more than one year nor less than three months; and if any person be injured or killed by reason of such crossing, he shall be imprisoned in the state prison not more than fourteen years nor less than two years.

2297. (2176.) Obstructing highway.-260. Whoever, being the conductor of any passenger train, allows the same to remain standing across any public highway or street, to the hindrance of travel, for a longer time than five minutes, shall be fined in any sum not more than fifty dollars nor less than five dollars.

See section 2291.

2298. (2177.) Locking passenger cars.-261. Whoever, being the superintendent, officer, agent, or employe of any railroad company, suffers or permits any car or cars on any railroad in this state, containing any passenger, to be locked while the same is running or standing on

any railroad in this state; or whoever locks or fastens the door or doors of any car containing any passenger, so that said door can not be easily opened by such passenger; or whoever directs or orders the locking or fastening of any such car door, shall be fined not more than five hundred dollars nor less than five dollars.

2299. (2178.) Failing to give signals.-262. Whoever, having charge of a locomotive engine upon any railroad, fails or neglects when such engine is approaching any road-crossing to sound the engine whistle at a distance of not more than one hundred nor less than eighty rods from such crossing, shall be fined not more than fifty dollars nor less than ten dollars; and if any person be injured or killed by reason of such failure or neglect, he shall be imprisoned in the state prison not more than fourteen years nor less than two years. But nothing herein contained shall be so construed as to interfere with any ordinance or by-law that has been or may be passed by any city or town regulating the management or running of engines or trains within such city or town.

This section is within the police power of the legislature and is valid. Pittsburgh, etc., Co. v. Brown, 67 Ind. 45.

A failure to give the signals required by law on approaching a road crossing, is such negligence as gives a cause of action against the railroad company by persons who are on the track and are injured. Railroad Co. v. Boggs, 101 Ind. 522; Ivens v. Railway Co., 103 Ind. 27; Railway Co. v. Hill, 117 Ind. 56; Terre Haute, etc., Co. v. Brunker, 128 Ind. 542.

[Acts 1885, p. 123. In force July 18, 1885.]

2300. (E. S. 1092.) Railroads may not exact contributions from employes.-1. It shall be unlawful for any railroad company or corporation operating railroads in Indiana to exact from its employes, without first obtaining written consent thereto in each and every instance, any portion of their wages for the maintenance of any hospital, reading-room, library, gymnasium or restaurant.

2301. (E. S. 1093.) Penalty.-2. Any paymaster, auditor or employe of any company so exacting from its employes such sums of money shall, upon conviction thereof in any circuit court having competent jurisdiction, be fined not less than one hundred dollars nor more than five hundred dollars, as the court may decree.

[Acts 1893, p. 146. In force May 18, 1893.]

2302. Labor organizations-Discharging employes.-1. It shall be unlawful for any individual, or member of any firm, agent, officer, or employe of any company or corporation to prevent employes from forming, joining and belonging to any lawful labor organization, and any such individual member, agent, officer or employe that coerces or attempts to coerce employes, by discharging or threatening to discharge from their employ or the employ of any firm, company or corporation because of their connection with such lawful labor organization, and any officer or employer, to exact a pledge from workingmen that they will not become members of a labor organization as a consideration of employment, shall be guilty of a misdemeanor, and upon conviction

thereof in any court of competent jurisdiction shall be fined in any sum not exceeding one hundred dollars, or imprisoned for not more than six months, or both, in the discretion of the court.

[Acts 1889, p. 279. In force March 9, 1889.]

2303. (E. S. 1245.) Dynamite-Manufacture and use.-1. It shall be unlawful for any person, firm or corporation to manufacture, sell or use the substance or material known as and called dynamite, or other nitro-explosive compound within the state of Indiana contrary to the provisions of this act.

2304. (E. S. 1246.) Limits-Precautions.-2. It shall be unlawful for any person, firm or corporation to engage in the manufacture of dynamite or other nitro-explosive compound within one hundred and sixty rods of any occupied dwelling or public building, and it shall also be unlawful for any person, firm or corporation to store dynamite or other nitro-explosive compound in any quantity exceeding one hundred pounds within the limits of any municipal corporation, or within forty rods of any occupied dwelling or public building without having first obtained, in writing, the consent of all adjacent land-owners, or to transport or carry the same in any package not having written or printed upon two sides thereof, in plain and distinct letters, the words "dynamite, dangerous," or in any railroad car or water craft without having the packages containing the same marked as above; and any one convicted of the violation of the provisions of this section shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars, or imprisoned in the county jail not less than three months nor more than one year, or both, at the discretion of the court or jury trying the cause.

2305. (E. S. 1247.) Sale-Restrictions.-3. It shall be unlawful for any person, firm or corporation to sell or give away any quantity of the substance known as dynamite, or other nitro-explosive compound, to any minor, or to sell or give away the same to any person without marking the word "dynamite" upon the label, wrapper or vessel containing it, and shall also register in a book, to be kept by him for that purpose, the day and date upon which it is sold or given away, the quantity thereof, the name, age, sex, color and place of residence of the person obtaining the same, the purpose for which it is required, and the name and place of abode of the person for whom the same is intended; and any person convicted of the violation of any of the provisions of this section shall be fined in any sum not less than one hundred dollars or more than one thousand dollars, to which may be added imprisonment in the county jail not less than three months or longer than one year.

2306. (E. S. 1248.) Unlawful use.-4. Whoever carries concealed on or about his person any cartridge, shell or bomb containing dynamite or other nitro-explosive compound or [for] any other than legitimate and lawful use or uses, or attempt[s] to use the same in any manner to the injury of persons or property, or shall place or deposit the same upon or about the premises of another without the consent