Abbildungen der Seite
PDF
EPUB

of such person shall, upon conviction thereof, be imprisoned in the penitentiary not less than two years nor more than fourteen years.

[Acts 1889, p. 40. In force February 23, 1889.]

2307. (E. S. 1250.) Exploding dynamite-Permission of landowner.-1. It shall be unlawful for any firm, company, contractor or person engaged in the construction of any railway or road-bed or grade for a railway, to use or explode any dynamite or other explosive compound, except gunpowder, within twelve hundred feet of any ledge or outcrop of oolitic limestone or any ledge or outcrop of any stone suitable for building purposes, without securing the permission in writing of the owner of the land upon which such ledge or outcrop of stone is situated for such dynamite or other explosive compound than gunpowder to be used or exploded within such distance of twelve hundred feet.

2308. (E. S. 1251.) Penalty.-2. Whoever shall violate any of the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty dollars nor more than one hundred dollars for each offense, to which may be added imprisonment in the county jail for not less than ten nor more than thirty days.

[Acts 1891, p. 353. In force June 3, 1891.]

2309. Selling slops of public institutions.-1. It shall be unlawful for any officer or officers of any of the public institutions of this state to purchase, sell, barter or give away to any other officer or officers of any of said institutions, or to appropriate to his or their own use any of the slops, [or] offal of any of the said public institutions of this

state.

2310. Penalty.-2. Any person guilty of the violation of any of the provisions of this act shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the state's prison not less than two nor more than fourteen years, and shall be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

[Acts 1891, p. 382. In force June 3, 1891.]

2311. Altering gas connections.-1. It is hereby declared to be unlawful for any person, in any manner whatever, to change, extend or alter, or to cause to be changed, extended, or altered any service or other pipe or attachment of any kind connecting or through which natural or artificial gas is furnished from the gas mains or pipes of any person, company or corporation without first procuring from said person, company or corporation written permission to make such change, extension or alteration.

2312. Making gas connections without consent.-2. It is hereby declared to be unlawful for any person to make, or cause to be made, any connection or reconnection, with the gas mains or service pipes of

any person, company, or corporation, furnishing to consumers natural or artificial gas, or to turn on or off, or in any manner interfere with any valve or stop-cock, or other appliances belonging to such person, company or corporation, and connected with its service or other pipes, or to enlarge the orifice of mixers, or to use natural gas for heating purposes except through mixers, without first procuring from such person, company or corporation a written permit to turn on or off such stop-cock or valve, or to make such connections or reconnection, or to enlarge the orifice of mixers, or to use gas for heating without mixers, or to interfere with the valves, stop-cocks or other appliances of such person, company or corporation, as the case may be.

2313. Refusal to deliver gas mixers.-3. It is hereby declared to be unlawful for any person or persons to whom any mixer or mixers or other appliances may be or may have been loaned or rented by any person, company or corporation for the purpose of furnishing gas through the same, to retain possession, or to refuse to deliver such mixer or mixers, or other appliances to the person, company or corporation entitled to the possession of the same, after such person, company or corporation shall have been entitled to the possession of the same, or to sell, loan, or in any manner dispose of the same to any person or persons, other than said person, company or corporation entitled to the possession of the same.

2314. Setting fire to gas.-4. It is hereby declared to be unlawful for any person or persons to set on fire any gas escaping from wells, broken or leaking mains, pipes, valves, or other appliances, used by any person, company or corporation in conveying gas to consumers, or to interfere in any manner with the wells, pipes, mains, gate boxes, valves, stop-cocks or other appliances, machinery or property of any person, company or corporation engaged in furnishing gas to consumers, unless employed by or acting under the authority and direction of such person, company or corporation engaged in furnishing gas to consumers.

2315. Penalty.-5. Any person violating any provision of this act shall, upon conviction, be fined in any sum not less than five dollars nor more than one hundred dollars for such offense.

[Acts 1891, p. 55. In force June 3, 1891.]

2316. Natural gas-Preventing waste.-1. The use of natural gas for illuminating purposes, in what are known as flambeau lights, is a wasteful and extravagant use thereof, and is dangerous to the public good, and it shall therefore be unlawful for any company, corporation or person, for hire, pay or otherwise, to use natural gas for illuminating purposes in what are known as flambeau lights in cities, towns, highways or elsewhere: Provided, That nothing herein contained shall be construed as to prohibit any such company, corporation or person from the necessary use of such gas in what are known as "jumbo" burners enclosed in glass globes, or lamps or by the use of other burners of similar character so enclosed, as will consume no more gas than said "jumbo" burners.

2317. Jumbo burners-When lighted.-2. All gas lights in said "jumbo" burners and glass globes, or lamps used in all streets and public highways shall be turned off not later than 8 o'clock in the morning each day such lights or burner is used, and the same shall not be lighted between the hours of 8 o'clock A. M and 5 o'clock P. M. 2318. Penalty.-3. Any one violating any of the provisions of section (1) of this act, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding twenty-five dollars, and for a second offense may be fined in any sum not exceeding two hundred dollars.

See Natural Gas, volume 3.

[Acts 1891, p. 340. In force June 3, 1891.]

2319. Badges of secret societies-Wearing of.-1. It shall be unlawful for any person not a member of a secret society or other organization incorporated under the laws of the state of Indiana, or doing business in this state, to wear the badge, uniform or emblem of any secret society or other organization such as has been adopted by the regulations of said societies or organizations.

2320. Penalty.-2. That every person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding fifty dollars.

[Acts 1891, p. 34. In force June 3, 1891.]

2321. Badges of military societies-Improper use of.-1. Any person who shall willfully wear the badges or buttonaire of the Grand Army of the Republic, Union Veterans, Union Sons of Veterans or Military Order of the Loyal Legion, or shall use or wear the same or print, cause to be printed, or use any card containing a printed cut or similitude of such badge to obtain aid, assistance or notoriety thereby within this state, unless he be entitled to use or wear the same under the seals and regulations of the Grand Army of the Republic, Union Veterans, Union Sons of Veterans, or Military Order of the Loyal Legion, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twenty dollars.

[blocks in formation]

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

2322. (2179.) Illegal voter.-263. Whoever, not having the legal qualifications of a voter at any election authorized by law to be held in this state for any officer whatever, votes or offers to vote at such election, shall be fined not more than five hundred dollars nor less than ten dollars, imprisoned in the county jail not more than one year nor less than one month, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

An indictment for voting without having the qualifications of a voter, must specify what qualifications were wanting. Quinn v. State, 35 Ind. 485.

The decision of the judges of an election in favor of the right of a person to vote, is no defense to an action for illegal voting. Morris v. State, 7 Blkf. 607.

The defendant can not prove the statements made by himself at the polls when he offered to vote. Morris v. State, 7 Blkf. 607.

The residence of a person is governed very largely by his intention, and in order to lose a residence there must be a removal without an intention to return for the purpose of residing. Culbertson v. Board, 52 Ind. 361; Maddox v. State, 32 Ind. 111.

If an intention to reside at a place is followed by a removal, a residence at such place is acquired although the person intends to reside there for a limited time only. Pedigo v. Grimes, 113 Ind. 148.

The qualification of voters as defined by the constitution can not be added to nor changed by legislative enactment. Morris v. Powell, 125 Ind. 281.

One class of voters can not be required to register in order to be entitled to vote, when other voters are not required to be registered. Morris v. Powell, 125 Ind. 281.

2323. (2180.) Voting in wrong precinct.—264. Whoever knowingly votes, or offers to vote, in any precinct or ward except the one in which he resides, shall be fined not more than five hundred dollars nor less than ten dollars, imprisoned in the county jail not more than one year nor less than one month, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2324. (2181.) Non-resident voting.-265. Whoever passes from any other state into this state, and votes or attempts to vote at any voting precinct or ward of this state, not being at the time a bona fide resident of such voting precinct or ward, shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the state prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2325. (2182.) Importing voters.-266. Whoever hires or solicits any person to come from any state into this state for the purpose of voting at any election therein, or to pass from any county to another county, or from any township into another township, or from any voting precinct or ward into another voting precinct or ward of the state, for the purpose of voting therein at any election held therein (such person, so solicited, not being a legal voter in such county, township, precinct, or ward), shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the state prison not more than five years nor less than one year, and disfranchised

and rendered incapable of holding any office of trust or profit for any determinate period.

2326. (2183.) Voting more than once.-267. Whoever votes more than once at any election in this state, either at the same precinct or ward or at different precincts or wards, shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the state prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

As to the sufficiency of an indictment under this section, see State v. Patterson, 116 Ind. 45.

Sections 2184 and 2185, R. S. 1881, were repealed by section 4 of act of March, 1885, Acts 1885, p. 93; Ell. Supp., section 317; and new provisions were enacted on the subject of buying and selling votes. By section 7 of the act of March, 1889, Acts 1889, p. 267, Ell. Supp., sections 319-326, sections 1, 2, 3 and 5 of the act of March, 1885, were repealed, and new provisions were enacted which follow.

[Acts 1889, p. 267. In force May 10, 1889.]

2327. (E. S. 319.) Bribery for nomination-Penalty.-1. Any person being a candidate for nomination to any office of profit or trust under the constitution or laws of this state, or of the United States, before any convention held by any political party, or at any primary election, who loans, pays, or gives, or promises to loan, pay or give any money or other thing of value to any delegate or elector or any other person, for the purpose of securing the vote or influence of such delegate, elector, or person, for his nomination, and whoever hires or otherwise employs for consideration any person to work for the nomination of any person to any office, or to work for the selection of any delegate to be chosen at any party convention or primary election, shall, upon conviction thereof, be fined in any sum not more than five hundred dollars, and disfranchised and rendered incapable of holding any office of profit or trust within this state for any determinate period, and if nominated shall be ineligible to hold such office.

2328. (E. S. 320.) Bribery of elector-Penalty.-2. Whoever, being a candidate for any office, loans or gives directly or indirectly, or offers or promises to loan or give any money or other thing of value to any elector for the purpose of influencing or retaining the vote of such elector, or to induce such elector to work or labor for the election of such candidate, or to refrain from working or laboring for the election of any other candidate, or to any person to secure or to retain the influence or vote of such elector in his behalf as such candidate, or to be used by such person in any way to influence the vote of any elector, or of electors generally, for himself or any candidate or ticket, and whoever hires or otherwise employs for consideration any person to work at the polls on election day for the election of any candidate to be voted for at such election, shall be fined in any sum not more than one thousand nor less than three hundred dollars, and shall be disfranchised and rendered incapable of holding any office of profit or trust within this state for any determinate period, and a violation of

« ZurückWeiter »