CHAPTER 77.* CRIMES-MISDEMEANORS-OFFENCES AGAINST THE PERSON. Penalty for driver of vehicles injuring passengers by carelessness. SECTION 1. If a driver of a stage coach or other vehicle for Injury to pasthe conveyance of passengers for hire, when the passenger is senger from neglect of driwithin or upon such coach or vehicle, leaves the horses thereof ver of vehicles. without some suitable person to take the charge and guidance of them, or without fastening them in a safe and prudent manner, in consequence whereof any person shall be injured, he may be punished by imprisonment in the county jail not exceeding two months, or by fine not exceeding fifty dollars. (a) plants, without owner. SECTION 1. Whoever wilfully commits a trespass by cutting Destroying down or destroying any timber or wood standing or growing timber, carryon the land of another, or by carrying away any kind of tim- ing away stone, ber or wood cut down or lying on such land, or by digging or license of carrying away any stone, ore, gravel, clay, sand, turf, or mould from such land, or any roots, fruits or plant there being, or by cutting down or carrying away any sedge, grass, hay or any kind of corn, standing, growing or being on such land, or by carrying away from any wharf or landing place any goods whatever, in which he has no interest or property, with (a) Sec. 49, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868. [All offences named in Chapters 77 to 82, inclusive, are within the exclusive jurisdiction of Justices of the Peace.] Injury to orchards. Entering improved land without permission of owner. Entering with a view of tres passing. Penalty. Exposing crops to waste. Entering to hunt or fish. Penalty. Poters. Willful entry into private building, &c.; refusal to de part on being out the license of the owner thereof, shall be punished by imprisonment in the county jail not exceeding sixty days, or by fine not exceeding fifty dollars. (a) SEC. 2. Whoever wilfully and maliciously enters any orchard, nursery or garden, and takes away, mutilates or destroys any tree, shrub or vine, or steals, takes and carries away any fruit or flower without the consent of the owner thereof, shall be punished by fine not exceeding one hundred dollars, or by imprisonment not exceeding three months in the county jail. (a) SEC. 3. Whoever wilfully commits a trespass by entering upon the garden, orchard or other improved land of another without permission of the owner, and with intent to cut, take. carry away, destroy, or injure the trees, grains, grass, hay, fruit, or vegetables there growing or being, shall be punished by imprisonment in the jail not exceeding thirty days, or by fine not exceeding twenty dollars; and if any of the offences mentioned in this section, or in Section 5, Chapter 84, of this Digest, are committed on the Lord's day, or in disguise, or secretly in the night time, the imprisonment shall not be less than five days, nor the fine less than five dollars. (a) SEC. 4. It shall be unlawful for any person or persons wil fully, and with the view of trespassing, to enter any enclosure of another where crops or fruits of any kind are cultivated. without permission of the occupant previously obtained, and every person so trespassing shall be deemed guilty of a misdemeanor, and be liable to a fine not to exceed ten dollars, or im prisonment in the county jail not to exceed thirty days, in the discretion of the court. (b) SEC. 5. Every person who shall wilfully lay or throw down the fence, or open the gate or lay down the bars of another. and thereby expose crops or other property to waste or destruction, or shall enter upon the lands of another that are posted, as provided for in section 6, without the consent of said owner or person occupying the same, to hunt or fish, shall be deemed guilty of a misdemeanor, and be liable to a fine not to exceed twenty dollars, or imprisonment in the county jail not to exeeed two months, in the discretion of the court. (b) SEC. 6. Ten days' notice by posters shall be given by all parties wishing to avail themselves of the benefits of sections 4 and 5, such notice to be posted at at least three different and conspicuous places around the enclosure sought to be protected. (b) SEC. 7. Any person who shall wilfully trespass upon or enter into any private residence, house or building, or labor camp, occupied by the owner or the employees of the owner, or the enclosed premises of another, and shall be warned or notified maining about. by such owner or employee to depart therefrom, and shall refuse to depart, or having departed shall re-enter or remain notified; reentry or re &c., after departure. (a) Secs. 75, 77 and 78, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. (b) Secs. 1, 2 and 3, Chap. 3012, Act of Feb. 17, 1877. about in the vicinity of the same, using profane or indecent language in a loud or boisterous manner, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall Misdemeanor. be punished by imprisonment in the county jail not exceeding Penalty. sixty days, or by fine not exceeding fifty dollars, one or both, at the discretion of the court trying the case. (c) written lease &c. SEC. 8. It shall not be lawful for any tenant, in possession Holding over of any parcel of land or tenement in this State, under a written by tenant under lease, to hold possession of such property after the expiration after demand, of fifteen days after demand, in writing, made upon him or her by the owner or agent for such possession, after the expiration of such lease, and any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten Penalty. nor more than one hundred dollars, or be imprisoned in the county jail not more than thirty days, one or both, at the dis cretion of the court. (d) SEC. 9. It shall be unlawful for any person or persons to pen Penning and and milk any cattle, the property of another, in any month of milking cattle prohibited. the year, without special permission of the owner or owners of said cattle, or his legally authorized agent, in writing. (e) own range. SEC. 10. It shall be unlawful for any person or persons to Not to be driven drive any cattle, the property of another, directly from their from their own range, or more than five miles from the home of the owner or owners of such cattle, without the permission of the owner or owners. (e) SEC. 11. Any person or persons guilty of the violation of the Misdemeanor. provisions of sections 9 and 10 shall be deemed guilty of a misdemeanor, and, upon conviction, be fined for each offence not less than five dollars nor more than fifty dollars, at the Penalty. discretion of the court, said fines to be paid into the county treasury. (e) CHAPTER 79. CRIMES MISDEMEANORS-OFFENCES AGAINST MORALITY AND 1. Penalty for fornication. 2. Penalty for profanity. DECENCY. 3. Penalty for disturbing public worship. 4. Penalty for peddling near camp meeting. 6. Penalty for interrupting funeral. 7. Penalty for drunkenness. 8. Penalty for public use of obscene language. 9. Following business on Sab 5. Penalty for disturbing public bath forbidden; exceptions. ineeting. (e) Chap. 3139, Act of Feb. 22, 1879. 10. Keeping store open forbid (e) Secs. 1, 2 and 3, Chap. 1669, Act of Aug. 6, 1888. Fornication. Profanity and cursing. Disturbing den; certain exceptions. 14. Penalty for use of fire-arms 11. Penalty for violation of the upon the Sabbath. two preceding sections. 12. Penalty for employing servant unnecessarily upon the Sabbath day. 15. Penalty for allowing minors and certain other persons to gamble. 16. Duty of Sheriffs, Marshals, 13. Penalty for keeping store &c., with reference to the above open upon the Sabbath. section. SECTION 1. If a man commits fornication with a single woman, each of them shall be punished by imprisonment in the county jail not exceeding three months, or by fine not exceeding thirty dollars. (a) SEC. 2. Whoever, having arrived at the age of discretion, profanely curses or swears in any public street, shall, on conviction before any Justice of the Peace, be punished by fine not exceeding five dollars nor less than one dollar; but no prosecution shall be commenced after twenty days from the commission of the offence. (b) SEC. 3. Whoever wilfully interrupts or disturbs any assembly public worship. of people met for the worship of God, shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding fifty dollars. (b) Peddling goods near campmeeting. Disturbing public meetings. Interrupting funeral. Drunkenness. SEC. 4. Whoever, during the time of holding any camp or field meeting for religious purposes, and within one mile of the place of holding such meeting, hawks or peddles goods, wares, merchandise, or, without permission from the authorities having charge of such meeting, establishes any tent or booth for vending of provisions or refreshments, or practices or engages in gaming or horse-racing, or exhibitsor offers to exhibit shows or plays, shall forfeit for each offence a sum not exceeding twenty dollars: Provided, That a person having his regular and usual place of business within such limits is not hereby required to suspend his business. (b) SEC. 5. Whoever wilfully interrupts or disturbs any school or assembly of people met for a lawful purpose, shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding fifty dollars. (b) SEC. 6. Whoever wilfully interrupts, or by fast driving or otherwise in any way disturbs a funeral assembly or procession, shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding fifty dollars. (b) SEC. 7. Whoever is guilty of drunkenness by the voluntary first and second use of intoxicating liquor, shall for the first offence be punished by fine not exceeding five dollars, and for any like offence committed after the first conviction, by fine not exceeding ten dollars, or by imprisonment in the county jail not exceeding three months; but no prosecution shall be commenced after six months from the commission of the offence. (b) offence. (a) Sec. 8, Sub-Chap. 8, Chap. 1637, Act of Aug. 6, 1868. (b) Secs. 18, 19, 20, 21, 22 and 23, SubChap. 8. Chap. 1637. Act of Aug. 6, 1868. guage. SEC. 8. Any person who shall publicly use or utter any inde- Public use of cent or obscene language, shall be deemed guilty of a misde- obscene lanmeanor, and, upon conviction thereof, shall be fined in a sum not to exceed twenty-five dollars, or be imprisoned in the county jail not exceeding thirty days, in the discretion of the court. (c) SEC. 9. It shall not be lawful for any person to follow any Following busipursuit, business or trade on the Sabbath, the first day of the ness on Sabbath prohibited. week, either by manual labor or with animal or mechanical power, except the same be work of "necessity," or justified Exception. by the accident or circumstances of the occasion. (d) of goods pro SEC. 10. No merchant or shop-keeper or other person shall Keeping open keep open store, or dispose of any wares, merchandise, goods store and sale or chattels on the Sabbath day, or sell or barter the same: hibited. Provided, That in cases of emergency or necessity they may dispose of the comforts and necessaries of life to customers necessaries. without keeping open doors. (d) Comforts and SEC. 11. Any violation of this law shall be deemed a misde- Penalty. meanor, and any person convicted thereof shall be subject to a fine of not less than twenty dollars and not more than fifty dollars. (d) Sabbath. SEC. 12. If any person on the Sabbath day shall employ his Employing serapprentice or servant in labor or other business, except it be vant on the in the ordinary household business of daily necessity, or other work of necessity or charity, he shall forfeit and pay the sum of ten dollars for every such offence. (e) Sabbath. of tire-arms SEC. 13. No merchant or shop-keeper or other person shall Keeping store keep open store or dispose of any wares, merchandise, goods open on or chattels on the Sabbath day, or sell or barter the same, upon pain that every person so offending shall forfeit and pay the sum of twenty dollars for every such offence. (e) SEC. 14. It shall not be lawful for any person or persons Penalty for use within the State of Florida, to use fire-arms by hunting game on Sunday. or firing at targets upon Sunday; and any violation of this section shall be deemed a misdemeanor, and the person or persons so offending shall, upon conviction thereof before any Justice of the Peace, be punished by a fine of not less than five nor more than twenty-five dollars, or imprisonment not exceeding twenty days. (ƒ) Allowing minor or other person non compos or under guardianship to play SEC. 15. Whoever, being the proprietor, owner or keeper of any E. O., keno or pool table, wheel of fortune or other game of chance, kept for the purpose of betting, shall knowingly and wilfully allow any minor or person non compos mentis, or under guardianship, to play at such game, or to bet on such of chance, and game of chance, or any person who shall aid or abet, or otherwise encourage such playing or betting of any money or other aging same. valuable thing upon the result of such game of chance by any (c) Sec. 1, Chap. 3284, Act of Jan. 24, 1881. (d) Secs. 1, 2 and 3, Chap. 3146, Act of March, 11, 1879. (e) Secs. 69 and 70, Act of Feb. 10, 1832. (f) Secs. 1 and 2, Chap. 1007, Act of Dec. 22, 1859. or bet on game alding or abet ting or encour |