ceeding five hundred dollars and imprisonment in the county jail not exceeding six months. (d) SEC. 18. When false, forged or counterfeit bank bills or notes, Duty of officers or plates, dies or other tools, instruments or implements used to take possession of impleby counterfeiters, designed for the forging or making of false ments for foror counterfeit notes, coin or bills, or worthless and uncurrent gery, or worthTest bank bills. bank bills or notes described in Section 1, Chapter 81, of this Digest, and Section 17 of this chapter, shall come to the knowledge of any sheriff, constable, police officer, or other officer of justice, in this State, such officer shall immediately seize and take possession of and deliver the same into the custody of the court of record having jurisdiction of the offence of counterfeiting in the county, and the court shall, as soon as the ends of justice will permit, cause the same to be destroyed by an officer of the court, who shall make return to the court of his doings in the premises. (d) in case of con SEC. 19. Upon a conviction of any offence mentioned in sec- Officer, how tions three, four, eleven, twelve, fourteen, or seventeen, and recompensed also upon forfeiture by persons prosecuted for any such offence viction. of any recognizance for their appearance to answer for the same, the court before which the conviction is had, or where the recognizance may be, may order a meet recompense to the prosecutor and to the officer who has secured and kept the evidence of the offence, not exceeding their actual expense. (d) CHAPTER 61. CRIMES FELONIES-OFFENCES AGAINST PUBLIC HEALTH. Penalty for adulteration of liquor. of liquor. SECTION 1. Whoever adulterates, for the purpose of sale, Adulteration any liquor used or intended for drink with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, Brazil wood, cochineal, sugar of lead or any other substance which is poisonous or injurious to health, and whoever knowingly sells any such liquor so adulterated shall be punished by imprisonment in the State prison not exexceeding three years, and the articles so adulterated shall be forfeited. (a) (d) Secs. 23, 25 and 26, Sub-Chap. 5, Chap. 1637, Act of Aug. 6, 1868. (a) Sec. 4, Sub-Chapter 9, Chap. 1637, Act of Aug. 6, 1868. Penalty for demolishing dwelling-house, ship, &c. CRIMES FELONIES CHAPTER 62. -OFFENCES AGAINST PUBLIC PEACE. Penalty for unlawful assembly to destroy ship or house. SECTION 1. If any of the persons so unlawfully assembled, as provided in Sections one and two, Chapter 70, of this Digest, demolishes, pulls down or destroys, or begins to pull down, demolish or destroy any dwelling-house or other building, or ship, or vessel, he shall be punished by imprisonment in the State prison not exceeding five years, or by fine not exceeding one hundred dollars and imprisonment in the county jail not exceeding one year, and shall also be answerable to any person injured to the full amount of the damage in an action of tort. (a) Failure to make returns a felony. Penalty against CRIMES CHAPTER 63. FELONIES- -OFFENCES AGAINST REVENUE. 1. Penalty for failure of Collec- officers to make certain combina tion to defraud the State. SECTION 1. Every collector of revenue who shall wilfully neglect to make the returns or payment of moneys collected on account of the State and county taxes, licenses or other moneys, as required by Chapter 1935, Act of 1873, shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned in the State prison for a term not less than six months nor more than two years, and pay a fine equal to the amount of his defalcation, and be forever disqualified from holding any office of profit or trust in this State. (a) SEC. 2. Any sheriff or his deputies who shall combine with Sheriffs or Dep- any person trespassing upon the State lands, or engaged in uties for com- getting logs or other timber therefrom for sale, shall be deemed bining with any person to tres guilty of a felony, and, upon conviction, shall be imprisoned in pass upon State the State prison not more than three years, or fined not less than one hundred dollars nor more than one thousand dollars, at the discretion of the court. (b) land. (a) Sec. 7, Sub-Chap. 7, Chap. 1637, Act of Aug. 6, 1868. (b) Sec. 3, Chap. 3020, (a) Sec. 4, Chap. 1935, Act of Feb. 14. 1873. Act of March 6, 1877. CRIMES CHAPTER 64. FELONIES-OFFENCES AGAINST ELECTION LAWS. 1. Penalty for false swearing in election. 2. Penalty for destruction of ballots. 3. Voters not to change name. 4. Penalty for the same. 5. Penalty for casting illegal vote. SECTION 1. If any person shall be guilty of willful and cor- False swearing rupt false swearing or affirming, when interrogated as to his in elections. qualifications as an elector, or when his testimony may be required in any contested election, or shall wilfully and corruptly procure another person to swear or affirm falsely as aforesaid, he shall, on conviction, suffer the pains and penalties of perjury. (a) ballots. SEC. 2. If any person, on any day between the commence- Destruction of ment of any election and the close of the canvass thereof by the inspectors, shall fraudulently destroy any of the ballots given and received at such election, or take away or abstract from any ballot-box any of the ballots so given or received, or put into such ballot-box any ballots except such as are properly voted by the electors, or shall, in any manner, wilfully intermingle with the ballots which shall have been voted by the electors, any other ballots or tickets which shall not have been duly received by the inspectors during the election, he shall, on conviction thereof, be punished by fine not exceeding five hundred dollars, or by imprisonment in the State penitentiary not less than six months. (a) change name. SEC. 3. No male person over the age of twenty-one years, Voters not to and who is a registered voter, shall call himself or pass by any other name than the name by which he is registered: Pro- Proviso. vided, Nothing in this section shall prevent the alteration of names by the Circuit Court as now provided for by law; and when the name of any one is changed by the order of said court, he shall notify the County Commissioners of the fact that his name has been changed. (b) SEC. 4. Any one violating the above section shall, upon con- Penalty. viction, be fined not less than five nor more than twenty dollars, and upon conviction a second time, he shall be imprisoned in the State prison not less than one nor more than two years, at the discretion of the court. (b) vote. SEC. 5. Any person who shall cast an illegal vote at any elec- Casting illegal tion in this State held according to law, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State prison not to exceed one year, or confined in the county jail not to exceed six months, or by fine not to exceed one hundred dollars, at the discretion of the court. (c) (a) Secs. 1 and 7, Sub-Chap. 12, Chap. 1637, Act of Aug. 6, 1868. (e) Sec. 1, Chap. 3278, (b) Secs. 1 and 2, Chap. 3040, Act of Feb. 27, 1877. Act of Feb. 25, 1881. Accessories. CHAPTER 65. CRIMES- -FELONIES- -ACCESSORIES. 1. Penalty for being accessory be punished. to a felony before the fact. 4. Penalty for aiding in the con 2. Penalty for procuring a felo- cealing of felonies. ny to be committed. 3. Where person so offending to 5. Penalty for being accessory after the fact. SECTION 1. Whoever aids in the commission of a felony, or is accessory thereto before the fact, by counselling, hiring, or otherwise procuring such felony to be committed, shall be pun15 Fla., 692-610 ished in the same manner prescribed for the punishment of the principal felon. (a) 11 Fla., 247. 591. Procuring fel mitted. SEC. 2. Whoever counsels, hires, or otherwise procures a felony to be com- ony to be committed, may be indicted and convicted as an accessory before the fact, either with the principal felon or after his conviction, or may be indicted and convicted of substantive felony, whether the principal has or has not been convicted, or is or is not amenable to justice; and in the last mentioned case may be punished in the same manner as if convicted of being an accessory before the fact. (a) Where tried. Aiding felons. Accessory after the fact. SEC. 3. A person charged with the offence mentioned in the preceding section may be indicted, tried and punished, in the same court and county where the principal felon might be indicted and tried, although the offence of counselling, hiring, or the procuring the commission of such felony is committed on the high seas, or on land either within or without the limits of this State. (a) SEC. 4. Whoever, not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, after the commission of a felony, harbors, conceals, maintains, or assists the principal or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony, or been accessory thereto before the fact, with intent that he shall avoid or escape detection, arrest, trial, or punishment, shall be deemed an accessory after the fact, and be punished by imprisonment in the State penitentiary not exceeding seven years, or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars. (a) SEC. 5. Whoever becomes an accessory to a felony after the fact, may be indicted, convicted, and punished (whether the principal felon has or has not been feloniously convicted, or is or is not amenable to justice) by any court having jurisdiction to try the principal felon, and either in the county where such person became an accessory, or in the county where the principal felony was committed. (a) (a) Secs, 3, 4, 5, 6 and 7, Sub-Chap. 11, Chap. 1637, Act of Aug. 6, 1868. CHAPTER 66. CRIM ES-FELONIES-ATTEMPTS. 1. Penalties, for attempts to com- language to one for not fighting mit certain crimes. 2. Penalty for being second in a duel. 3. Penalty for engaging in duel when death does not result therefrom. 4. Penalty for accepting and carrying challenges in duels. 5. Penalty for using reproachful duel. 6. Penalty for fighting by previous arrangement. 7. Penalty for surgeon or physician to be present at a duel. 8. Penalty for making appointment to fight beyond the limits of the State. SECTION 1. Whoever attempts to commit an offence prohib- Attempts to ited by law, and in such attempt does any acts towards the commit crimes. commission of such an offence, but fails in the perpetration, or is intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows: First. If the offence attempted to be committed is punishable with death, the person convicted of such attempt shall be punished by imprisonment in the State penitentiary not exceeding ten years. Second. If the offence so attempted to be committed is punishable by imprisonment in the State penitentiary for life, or for five years or more, the person convicted of such attempt shall be punished by imprisonment in the State penitentiary How punished. not exceeding five years, or in the county jail not exceeding one year. Third. If the offence attempted to be committed is punishable by imprisonment in the State penitentiary for a term of less than five years or by imprisonment in the county jail, or by fine, the offender convicted of such attempt shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding three hundred dollars; but in no case shall the punishment by imprisonment exceed onehalf of the greatest punishment which might have been inflicted if the offence attempted had been committed. (a) Second in fatal SEC. 2. Whoever, being an inhabitant or resident of this State, by previous appointment or engagement made within duel. the same, becomes the second of either party in a duel, and is present as second when a mortal wound is inflicted, whereof death ensues within this State, shall be deemed an accessory before the fact to the crime of murder in this State, and may be indicted, tried and convicted in the county where the death happens. (b) SEC. 3. Whoever engages in a duel with a deadly weapon, (a) Sec. 8. Sub-Chap. 11, Chap. 1637, Act of Aug. 6, 1868. (b) Sec. 25, Sub-Chap. 3. Chap. 1637, Act of Aug. 6, 1868. |