61 of the acts of 1885, and all other laws in conflict with this act, be, and the same are hereby, repealed; and that this act take effect from and after its passage, the public welfare requiring it. 5331. Amended by adding thereto the following (1889, ch. 261): "Said compensation to be fixed by the quarterly county court of each county." 5336. Amended. Legal advertising (1887, ch. 229): SECTION 1. For all legal advertising of sales under a decree of court, non-resident, attachment, insolvent, administrator, or notice of sale of land under mortgage, judicial process, etc., per square, or inch (brevier), eighty cents for first insertion, and forty cents for each subsequent insertion. SEC. 2. That the clerk of the court shall require the affidavit of the publisher, or foreman, of any office making publication, that the same has been made the full number of times required by law, the same to be filed as proof before said court, and that no publisher shall be entitled to pay until the required affidavit is made. SEC. 3. That all laws or parts of laws in conflict with this act be, and the same are hereby, repealed. 5365. Amended to read as set out, raising age to twelve, and making it a felony to have intercourse with a female between that age and sixteen years and one day (1893, ch. 129): dence; want of SECTION 1. Any person who shall unlawfully and carnally know and abuse a female under the age of twelve years shall, on conviction, be punished as in the case of rape; and any person who shall Offense defined, unlawfully and carnally know a female over the age of penalty evitwelve years and under the age of sixteen years and one chastity. day, shall be deemed guilty of a felony in all cases not falling under the statutes relating to rape, and, on conviction, shall be confined in the penitentiary not less than three years nor more than ten years; Provided, That no conviction shall be had for said offense upon the unsupported testimony of the female in question; And provided, That the provisions of this act relative to females over the age of twelve years shall not apply to cases in which the defendant and the female in question occupy the relation of husband and wife at the time of such carnal knowledge; Provided further, That evidence of the female's reputation for want of chastity at and before the time of the commission of the alleged offense shall be admissible in behalf of the defendant, but this proviso shall only apply when the female is over twelve years of age; Provided further, That nothing in this act shall authorize or warrant a conviction where the female over twelve years of age is, at the time and before the carnal knowledge, a bawd, lewd, or kept female. SEC. 2. That any parent or guardian of, or person having the charge, care, or custody of such female, or procuress, permitting, consenting to, aiding, encouraging, or abetting, or conniving at the Aiders and commission of the offense or crime aforesaid, shall be abettors. deemed a principal in the crime, and punished as such under this act. 5374-5403 POLYGAMY-SHOOTING-TAKING CORN OR BEAST OF BURDEN. Under 5374. Teaching polygamy, etc., forbidden (1885, ch. 151): SECTION 1. That it shall be unlawful for any person or persons in this state to teach others the doctrine or principles of polygamy. SEC. 2. That it shall be unlawful for any person or persons in this state to induce another or others, by words or otherwise, to embrace or adopt polygamy, or to emigrate to another state or territory of the United States for the purpose of embracing, adopting, or practicing the same. SEC. 3. That any person convicted upon presentment or indictment of either of the offenses mentioned in this act, shall be punished by fine or imprisonment, or by both fine and imprisonment, the fine not to exceed five hundred dollars, with imprisonment not to exceed two years at hard labor in the penitentiary, in the discretion of the jury. Under 5402. Shooting into railroad-car a felony (1889, ch. 135) :· That whoever shall unlawfully, willfully, or maliciously shoot into or at any railroad-car upon which any person or persons may be at the time, with a loaded gun, pistol, or other dangerous weapon, within this state, such person or persons shall be declared guilty of a felony, and, upon conviction, shall undergo confinement in the penitentiary of this state for a period not less than one (1) nor more than five (5) years. 5403, subsection 16. Amended. Felony to gather corn of another; penalty (1889, ch. 161): SECTION 1. That it is hereby declared to be à felony for any one to enter upon the inclosed lands of another and remove from the stalks the ears of corn growing thereon or attached thereto, for the purpose of depriving the owner thereof, and appropriating to his own use. SEC. 2. That any person guilty of a violation of the provision of the first section of this act, shall, upon conviction thereof, be confined in the penitentiary for a period of one year, or in the county jail for any period less than one year, at the discretion of the jury trying the cause. SEC. 3. That nothing in this act shall be so understood as to prevent any person having an interest in said corn from gathering the same, be stored or sold or for individual use. to 5403. A misdemeanor to take one's horse, etc., for temporary use (1889, ch. 16): SECTION 1. That it shall be declared a misdemeanor for any person. or persons to enter the inclosures or premises of another and take therefrom, without the latter's consent, his horse, mule, ass, or other beast of burden, for the purpose of riding, working, or otherwise temporarily using it, and then returning it or abandoning it upon the highway. SEC. 2. That any person or persons aiding and abetting another in the commission of the offense mentioned in section 1 of this act, shall be declared guilty, and punishable as the principal. SEC. 3. That any one found guilty of violating sections 1 and 2 of this act shall be punished by fine not less than ten nor more than one hundred dollars, or may be imprisoned in the county jail not more than twelve months, or both, at the discretion of the court. 278 BURGLARY-FALSE PRETENSES-STATE AND COUNTY FUNDS. 5411-5491 5411-5412. Amended (1885, ch. 16): SECTION 1. That § 4657 of the code (M. & V., § 5411) be so amended as to strike out the word "maliciously" and insert the words "wantonly, knowingly.' SEC. 2. That § 4658 of the code (M & V., § 5412) be so amended as to strike out the words "and maliciously" and insert the words "wantonly and knowingly." 5432. Amended (1891, ch. 39) so that it shall read after the word "hay," and between the word hay and "or any valuable bridge," the words or cotton either in bale or in pen, or any agricultural product or mechanical implements." 5438. Amended. Burglary extended to cars or barns day or night (1885, ch. 19): That whoever shall break and enter into any freight or passenger car, either in the day time or night time, within this state, with intent to steal therefrom any thing of value, or to commit a felony of any kind, or whoever shall break and enter any barn or stable by day or night with a like intent, shall be guilty of burglary, and, on conviction thereof, shall be imprisoned in the penitentiary not less than three or more than ten years. 5468-5472. Amended. False pretenses and penalties (1887, ch. 31): That every person who, by any false pretense, shall willfully obtain for any club, association, or society or company for improving the breed of cattle, horses, sheep, swine, or other domestic animals, a certificate of registration of any animal in the herd register or other register of any such club, association, society, or company, or a transfer of any such registration; and any person who shall knowingly give a false pedigree of any animal, or who shall sell any animal, falsely representing the same to be a registered animal, or entitled to registration in any such club, association, society, or company, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a term not exceeding three years nor less than one year, or in the county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment, at the discretion of the court and jury trying the same. 5490. Amended to read as follows (1887, ch..44): If the person so disposing of the property shall pay the debt to secure which the mortgage was executed, together with all the costs of the criminal prosecution, before he is arraigned for trial, he shall be discharged, and not subject to further prosecution for the crime charged. Under 5491. Felony to use or loan or deposit for interest state and county funds (ex. ses. 1885, ch. 16): SECTION 1. That if the state treasurer or any other officer of this state, any county trustee, or any other officer of any county in this state, shall use, either directly or indirectly, any money of Officer shall not the state, or of any county in the state, such officer shall use public be deemed guilty of a felony, and, upon conviction, shall be money. punished by imprisonment in the penitentiary for any time not less than three (3) nor more than twenty (20) years. 5517 receive reward SEC. 2. That the state treasurer or any other officer of this state, any county trustee, or any other officer of any county in this state, or any Officer shall not person whatsoever, shall receive, or agree to receive, any for use of public fee, interest, or reward from any person, bank, or corporation, for the deposit or use of any money of the state, or for the deposit or use of any money of any county in the state, such officer or other person shall be deemed guilty of a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary for any time not less than three nor more than twenty (20) years. money. Laws now in SEC. 3. That nothing contained in the act shall be construed to modify or change any law now in force relative to the conduct or liability of the state treasurer, or other officer of the state, or of the county trustee, or any other officer of any county force not changed. in the state. SEC. 4. That' all laws or parts of laws in conflict with this act be, and the same are hereby, repealed. Under 5517. Conspiracies and formations of trusts prohibited (1889, ch. 250): SECTION 1. That it shall not be lawful for any person or persons, or associations of persons, or any corporation in this state, or doing busiTrusts, corners, ness in this state, to form, or agree to, or to conspire to form, etc., prohibited. any trust, pool, or corner, or combination, or any other arrangement or device, in or about any article of legitimate traffic, the production or manufacture or sale of such article, that may injuriously affect, and for the purpose of injuriously affecting, the legitimate trade and commerce of the county, or to limit the supply or production of said articles, whereby the price of such produce or manufactured articles, or other articles of legitimate trade, may be unduly depressed and of speculaput down, or unduly raised or increased, for the purpose tion, either by pooling or purchasing said articles for the purpose of withdrawing them from market to destroy legitimate competition, or to create a monopoly or corner in the same, or to produce an undue demand for the same, and that [thus] to unduly raise the price of said articles, or by throwing the same on the market, when so accumulated or purchased, for the purpose of creating an undue depression in the price of such article, and by such means to destroy or limit legitimate competition in the production, manufacture, or sale of such articles, as [or] by any other device or arrangement for such purpose. All such agreements, trusts, pools, corners, and combinations are hereby prohib ited; Provided, Nothing herein contained shall be construed to prevent or interfere with parties engaged in legitimate trade and speculation. SEC. 2. That any person or persons or corporation violating the first section of this act, for the first offense, shall, on conviction, pay a fine of Penalty for vio- not less than two hundred and fifty dollars, and, for the second lation; fees of offense, a fine of not less than five hundred dollars; and the attorney-general, for each conviction, shall have a taxed fee of fifty dollars, and shall have, in addition, fifty per cent. of the money actually received on such fine, and he shall prosecute all such cases ex officio, without any other prosecutor; and the courts shall give this act in charge and the grand jury shall have full inquisitorial power in such attorney-gen eral. cases. PUBLIC BRIDGES PRIZE-FIGHTING-ADULTERATED CANDY. 5565-5633 SEC. 3. That no contract made by any person or persons or incorporations, whereby to carry out, or agree to carry out, any of the agreements or combinations enumerated in, and prohibited in, Contracts not the foregoing act, shall be enforced in any of the courts of valid. this state, whether the same be made by citizens of this or any other state. SEC. 4. That any corporation created or incorporated by or under the laws of this state, which violates any provisions of this act, shall, thereby, forfeit its corporate rights and franchises, and its corporate Forfeiture of existence shall, thereupon, cease and determine; and it shall franchises. be the duty of the attorneys-general of the state, of their own motion, and without leave or order of any court or judge, to institute an action in behalf of the people, and in the name of the state, for the forfeiture of such rights and franchises, and the dissolution of such corporate existence; or any citizen of the state may institute such suit by proceedings in a court of chancery, in the name of the state, and said corporations may be enjoined from violations of this act pending such proccedings, provided such citizen may not begin such proceedings without giving security for cost in such cases. To protect public bridges (1885, ch. 62): SECTION 1. That it shall be unlawful for any persons to ride or drive over any public bridge constructed over any of the rivers and creeks in this state faster than a walk. SEC. 2. That any person violating the provisions of the first section of this act shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than five dollars nor more than fifty dollars, provided this act shall not apply to bridges within the limits of municipal corporations or stone bridges on incorporated turnpike roads, [but the provisions of section 1, and the penalty prescribed in section 2, of this act, shall apply where only a part of any bridge over a river is within the limits of a municipal corporation. 1893, ch. 76.] SEC. 3. That the various criminal and circuit judges in this state shall give this act in charge to the grand jury. The caption uses "buildings" instead of "bridges." Does this invalidate the act? Under 5565. Prize-fighting, etc., prohibited (ex. ses. 1891, ch. 14): SECTION 1. That it shall be unlawful for any person or persons, within this state, to engage in what is generally known as prize-fighting, or sparring, with or without gloves, or in other brutal sport or exhibition, whereby bruising, maiming, or other serious bodily injury may result to the boxers or participants. SEC. 2 That all persons engaging in the sport or contests designated in section 1 of this act, either as principals, aids, seconds, or backers, shall be guilty of a high misdemeanor, and, upon conviction, shall be fined not less than $500 nor more than $1,000, and be imprisoned in the county jail or work house, as in other cases, not less than three months nor more than twelve months. 5632-5633. Amended to include adulterated candy (1887, ch. 33): That whoever manufactures for sale, or knowingly sells, or knowingly offers for sale, any candy adulterated by the admixture of terra alba, |