shall be fined in any sum not less than ten dollars and not exceeding fifty dollars. [1881 S., p. 174. In force September 19, 1881.] 2051. Bribery of officer. 145. Any person who shall pay or agree to pay any money, or deliver any thing of value, to any State officer, County Commissioner, Township or Town Trustee, Mayor or Common Councilman of any city, School Trustee of any city, or any other person holding a lucrative office or appointment or agency under the Constitution or laws of this State, for the purpose of procuring any contract for the construction of any State-house, court-house, school-house, bridge or other public building, or the performance of any work or furnishing of any material for the use of the State, or of any county, township, town, or city in this State, over which such person has any official jurisdiction; or who, having any such contract, shall pay or agree to pay to any of the officers or persons above-named any money, percentage, reward, drawback, premium, or profits on such contract, upon conviction thereof, shall be fined not more than five thousand dollars nor less than three hundred dollars, and imprisoned in the State prison not more than fourteen years nor less than two years, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. 2052. Auditor of State drawing warrant illegally. 146. If the Auditor of State shall draw any warrant upon the Treasurer of State, unless there be money in the treasury belonging to the particular fund upon which the same is drawn to pay the same, and in conformity to appropriations made by law, he 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 six months nor less than one month. 2053. State officer not accounting. 147. If the Secretary, Auditor, or Treasurer of State, or any deputy or other person in their employ, or in the employ of either of them, shall receive any fee, bonus, gratuity, or perquisite of any kind, on account of any public money or on account of any public or official duty, and shall fail or neglect to report and to pay the same into the Treasury of State, in the manner and at the time required by law, he or they shall, upon conviction thereof, be fined in a sum equal to double the value of the amount so received, and imprisoned in the county jail not more than one year nor less than one month. 2054. Obstructing examination of State treasury. 148. If any officer of the State, or any other person, shall hinder or attempt to hinder, obstruct or attempt to obstruct, any inspection or examination of the State Treasury by persons authorized to make such inspection and examination, he shall, upon conviction thereof, be fined not more than one hundred dollars nor less than twenty dollars, and imprisoned in the county jail for three months. 2055. False report as to Treasury of State. 149. If the Treasurer of State or other State officer shall willfully or fraudulently make any untrue or false statement in regard to the amount of money on hand in the Treasury of the State of Indiana, when a statement is required of him by law, he shall, upon conviction thereof, be imprisoned in the State prison not more than fourteen years nor less than one year. 2056. State Treasurer paying illegally. 150. If the Treasurer of State or any deputy or person in his employ shall pay out or receive any public money in any other manner than as prescribed by law, he shall, upon conviction thereof, be fined not more than five hundred dollars nor less than fifty dollars, and imprisoned in the county jail for one year. 2057. State Treasurer using false voucher. 151. If the Treasurer of State shall accept, receive, or seek to be allowed in his favor any warrant or voucher from any creditor of this State, without having paid to such creditor, in such funds as such Treasurer may have received for disbursement, or such other funds as he may be authorized to take in exchange, the full amount specified in such warrant or voucher, he shall, upon conviction thereof, be fined in a sum equal to the difference between the amount paid and the amount of the warrant or voucher, and imprisoned in the county jail not more than twelve months nor less than one month. 2058. Defalcation by State Treasurer. 152. If the Treasurer of State, having money belonging to any public fund in his hands, shall refuse to pay any warrant drawn on such fund; or if any such officer, at the expi ration of his term of office, shall fail or refuse to pay or deliver over to the person or persons authorized to receive the same any money or other property in his hands as such Treasurer, he shall, upon conviction thereof, be imprisoned in the State prison not more than twenty-one years and not less than one year, and shall be fined in a sum equal to the value of the money or property so withheld by him. 2059. Breaking quorum in Common Council. 153. Whenever it shall happen that a quorum shall not be present or voting in the Common Council of any city of the State of Indiana, at any stated or special meet ing thereof, by reason of the willful or intentional absence of any member or members of the same, or of his or their refusing to vote, or to answer to their names on any vote or roll-call, any member of such Common Council so refusing to vote or to be present or to answer to his name, with the intent to defeat, delay, or obstruct legislation or legislative action or the business of such Common Council, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars nor less than one hundred dollars. [1881 S., p. 517. In force April 21, 1881.]* 2060. Breaking quorum in General Assembly. 4. Whenever it shall happen that a quorum shall not be present or voting in the Senate or House of Representatives by reason of the willful or intentional absence of any member of the same, or of their refusing to vote or to answer to their names on any vote or roll-call, any member of the General Assembly so willfully refusing to vote, to be present, or to answer to his name, with the intent to defeat, delay, or obstruct legislation or legislative action, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined one thousand dollars; and the Marion Criminal Court shall have original jurisdiction of all offenses arising under this section. [1881 S., p. 174. In force September 19, 1881.] 2061. Neglect of roads. 155. If any person who has the official supervision of roads in any road-district, fail to keep the ways and bridges in his road-district in as good repair as the available labor or other means of such district will enable him to do, or fail to discharge any other duty required of him by law, he shall be fined not more than one hundred dol lars nor less than five dollars. 1. As to the indictment, see Tate v. State, 5 Blackf. 73; State v. Harsh, 6 id. 346; State v. Brown, 8 id. 69; State v. Shields, id. 151; State v. McMurrin, 1 Ind. 44; State v. Hogg, 5 id. 515. 2062. Recording deed without transfer. 156. If any County Recorder shall record any deed of conveyance without having the certificate of transfer indorsed thereon, as required by law, he shall be fined three dollars. [1875 S., p. 66. In force March 13, 1875.] 2063. Misfeasance of Clerk of Printing Bureau. 5. If the Clerk in charge of the Bureau of Public Printing and Stationery shall receive any percentage, fee, reward, or gratuity, for or on account of any favor shown in the discharge of his official duties, or shall falsely and corruptly certify any bill or allowance on account of the public printing and binding, he shall be guilty of felony, and, on conviction thereof, shall be confined in the State prison for any term not exceeding three years. [1875, p. 172. In force March 9, 1875.] 2064. Misfeasance of inspector of grain. 13. Any duly authorized inspector of grain who shall be guilty of neglect of duty; or who shall knowingly or carelessly inspect or grade any grain improperly, or who shall accept any money or other consideration, directly or indirectly, for any neglect of duty, or the improper performance of any duty as such inspector of grain; or any person who shall improperly influence any inspector of grain in the performance of his duties as such inspector, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in a sum of not less than one hundred dollars nor more than one thousand dollars, at the discretion of the Court or jury trying the cause, or shall be imprisoned in the county jail not less than three nor more than twelve months, at the discretion of the Court or jury trying the cause. SEC. ARTICLE 7-AGAINST PUBLIC HEALTH. 2065. Public nuisance. 2066. Public nuisance. 2067. Creating stagnant water. 2068. Nuisance by dead animals. 2069. Selling unwholesome provisions. SEC. 2074. Making or selling poisonous liquors. 2075. Befouling water. 2075a. Discharging refuse into streams. 2075b. Permit by state board of health. 12075e. Penalty. 2075d. Adulterating candy, 2575e. Penalty. 2075f. Impure or poisonous food. [2 R. S. 1852, p. 424. In force May 6, 1853.] 2065. Public nuisance. 8. Every person who shall erect, or continue and maintain, any public nuisance, to the injury of any part of the citizens of this State, shall be fined not exceeding one hundred dollars. [1881 S., p. 174. In force September 19, 1881.} 2066. Public nuisance. 157. Whoever erects, continues, uses or maintains any building, structure, or place for the exercise of any trade, employment, or business, or for the keeping or feeding of any animal, which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or the public; or causes or suffers any offal, filth, or noisome substance to be collected or to remain in any place, to the damage or prejudice of others the public; or obstructs or impedes, without legal authority, the passage of any navigable river, harbor, or collection of waters; or unlawfully or diverts any stream of water from its natural course or state, to the injury of others; or obstructs or encumbers, by fences, buildings, structures, or otherwise, any public grounds; or erects, continues, or maintains any obstruction to the full use of property, so as to injure the property of another or essentially to interfere with the comfortable enjoyment of life,shall be fined not more than five hundred dollars nor less than ten dollars: Provided, That nothing in this section shall prevent the Board of Trustees of towns and the Common Councils of cities, from enacting and enforcing such ordinances within their respective corporate limits as they may deem necessary to protect the public health and comfort. I. This section, and secs. 1964, 2004. 2067, 2068, 2075, and 2097. define certain public nuisances, and the preceding section, provides for the punishment of all other public nuisances, as known at common law. 2. As to the indictment, see Moses v. State, 58 Ind. 185. 3. As to the evidence, see Ellis v. State, 7 Blackf. 534; Sloan v. State, 8 Ind. 312; Meaderhouser v. State, 28 Ind. 257; Wertz v. State, 42 Ind. 161; Moses v. State, 58 id. 185. 2067. Creating stagnant water. 158. Whoever builds, erects, continues, or keeps up any dam or other obstruction to any stream of water, and thereby produces stagnant water which is manifestly injurious to the public health and safety, shall be fined not more than five hundred dollars nor less than ten dollars. 1. As to the indictment, see Wood v. State, 5 Ind. 433. 2. As to the evidence, see Butler v. State, 6 Ind. 165. 2068. Nuisance by dead animals. 159. Whoever puts the carcass of any dead animal, or the offal from any slaughter-house or butcher's establishment, packing-house or fish-house, or any spoiled meats or spoiled fish, or any putrid animal substance, or the contents of any privy vault, upon or into any river, pond, canal, lake, public ground, market-place, common, field, meadow, lot, road, street, or alley; and whoever, being the owner or occupant of any such place, knowingly permits any such thing to remain. therein to the annoyance and injury of any of the citizens of this State, or neglects or refuses to remove or abate the nuisance occasioned thereby, within twenty-four hours after knowledge of the existence of such nuisance upon any of the above-described premises owned or occupied by him, or after notice thereof, in writing, from any health officer of the city or the trustee of the township in which such nuisance exists,- shall be fined not more than one hundred dollars nor less than one dollar. 2069. Selling unwholesome provisions. 160. Whoever knowingly sells, or has in his possession with intent to sell, or exposes for sale, any kind of diseased or corrupted or unwholesome provisions, whether for meat or drink; or whoever knowingly sells or exposes for sale any article or substance intended to be eaten or drunk, and shall, by label or in any other way, represent it to be other than what it is; or kills, for the purposes of sale, any calf less than four weeks old; or sells, or has in his possession with intent to sell, the meat of any calf which he knows to have been killed when less than four weeks old,-shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days. 2070. Selling diseased animals. 161. Whoever kills, for the purpose of sale, any sick, diseased, or injured animal; or who sells, or has in his possession with the intent to sell, the meat of any such sick or diseased or injured animal,- shall be fined not more than five hundred dollars nor less than fifty dollars, to which may be added imprisonment in the county jail not more than six months. 2071. Selling unwholesome milk. 162. Whoever shall knowingly sell to any person or persons, or sells or delivers or brings to be manufactured to any cheese or butter manufactory in this State, any milk diluted with water or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as "skimmed milk"; or shall keep back any part of the milk known as "strippings" with intent to defraud; or shall knowingly sell milk, the product of a sick or diseased or injured animal or animals, or any milk produced from any cow fed upon the refuse of any distillery or brewery, or upon any substance deleterious to the quality of the milk; or shall knowingly use any poisonous or any deleterious material in the manufacture of any cheese or butter; or shall knowingly sell or offer to sell any cheese or butter in the manufacture of which any poisonous or deleterious substance has been used, shall be fined not more than five hundred dollars nor less than fifty dollars. 2071a. Sale of impure butter. 1. Whoever sells or has in his pos session, with the intent to sell, or expose for sale, or whoever keeps on any table at any hotel, or at any public or private boarding house, any butter other than that made from pure milk, without first labeling the same in large letters Oleomargarine shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not more than fifty dollars, nor less than ten dollars. [Act in force March 3, 1883. S., p. 78. 2072. Adulterating native wine. 163. Whoever adulterates any wine made or juice expressed from grapes, by mixing therewith any drugs, chemicals, cider, whisky, or other liquor; and whoever sells or offers to sell any such adulterated wine or grape juice, knowing the same to be adulterated, shall be fined in any sum not more than one hundred dollars nor less than ten dollars. 2073. Adulterating liquors. 164. Whoever adulterates any spirituous, malt, or other intoxicating liquor by the admixture of any deleterious substance therewith; or knowingly sells or offers for sale any such liquors which have been so adulterated, shall be fined in any sum not more than one hundred dollars nor less than ten dollars. 2074. Making or selling poisonous liquors. 165. Whoever uses any active poison in the manufacture or preparation of any intoxicating liquor, or knowing sells or offers for sale, in any quantity, any intoxicating liquor so manufactured or prepared, shall be imprisoned in the State prison not more than seven years nor less than one year, and fined not exceeding five hundred dollars. 2075. Befouling water. 168. Whoever maliciously or mischievously puts any dead animal carcass, or part thereof, or any other putrid, nauseous, noisome, or offensive substance, upon any highway, or into, or in any manner befouls, any well, cistern, spring, brook, canal, or stream of running water, or any reservoir of water works, of which any use is or may be made for domestic purposes, shall be fined not more than one hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than sixty days nor less than ten days. 1. As to the indictment, see State v. Taylor, 29 Ind. 517. [1901 S., p. 96. Approved March 5, 1901.] 2075a. Discharging refuse into streams. 1. That it shall be unlawful for any person, firm or corporation, owning or operating any manufacturing establishment, to discharge or permit to be discharged into any stream of water any waste water or refuse from said |