defined. Provision is made for the listing of taxable property and for the valuation of the same.

Section 2 declares that any assessor or deputy assessor willfully refusing or neglecting to observe or follow the directions of the supervisor of assessments shall be fined from $50 to $500 or confined in county jail not exceeding six months.

Section 5 declares that any assessor, deputy assessor, or supervisor of assessments or other person whose duty it is to assess property for taxation, who shall refuse or neglect to perform any duty required of him by law, or who shall connive at any evasion of the provisions of this act, shall be fined from $100 to $5,000 and imprisonment in county jail not exceeding one year.

Section 19 declares that whoever in making schedules provided for by this act shall swear falsely in any material matter shall be guilty of perjury and punished accordingly.

Section 20 declares that any assessor failing to have assessment schedule signed by person assessed and oath administered as required by law, or failing to make note that the person or proper officer of the corporation refuses so to do, shall be fined from $100 to $5,000.

Section 42 declares that any assessor or person failing to obey summons of the board of review without good cause, or refusing to submit to inquiry by said board or any attorney representing them, shall be guilty of a misdemeanor: Penalty, fine not exceeding $500.

Section 44 declares that any assessor, or deputy assessor, or member of board of review, or board of equalization, or other person whose duty it is to assess property for taxation refusing or neglecting any duty required of him by law shall be fined from $100 to $5,000, or imprisoned in county jail not exceeding one year, or both.

Section 45 declares that whoever with intent to defeat or evade the law in relation to the assessment of property delivers or discloses to any assessor, or deputy assessor, a false or fraudulent list, return, or schedule of his property not exempted by law from taxation shall be punished by fine not exceeding $5,000, or imprisoned in county jail not exceeding one year, or both.

NOTE.-New features: Oath of township assessors and their deputies. (See sec. 4 of above act.)
Limits town board of review to summoning of assessors for inquiry as to correctness of valuation.
(See secs. 41 and 42 of above act.)
Penalty for perjury in section 26 of act of March 30, 1872, imprisonment from one to fourteen years.

INDIANA.

1897.

Felonies and misdemeanors defined.-All crimes and public offenses which may be punished with death or imprisonment in the State prison shall be denominated felonies; and all other offenses against the criminal law shall be denominated misdemeanors. (Statutes, 1896, sec. 1573.)

SEC. 237. 2. Crimes and misdemeanors shall be defined and punishment therefor fixed by statutes of this State, and not otherwise. (1855, p. 204. In force August 17, 1855.)

Weights and measures.-An act to amend section 1 of an act entitled "An act for the regulation of weights aud measures," approved March 9, 1885, and adding a supplemental section thereto, prescribing a penalty for the violation of the provisions of said section 1 of this act, and declaring an emergency. (Chap. 23, p. 24, approved February 11, 1897.)

As amended, section 1 of this act regulates the weight in pounds avoirdupois of certain articles sold by barrel, gallon, ton, and bushel measures.

Section 2 declares that whoever, when buying or selling by weight, buys or sells any of the articles mentioned, or commodities enumerated in section 1 of this act, at a measure differing in weight from the standard measures therein prescribed and fixed, shall be deemed guilty of a misdemeanor: Penalty, fine from $1 to $25.

NOTE.-New feature: Addition "of corn in the ear, 70 pounds, until the 1st of December next after it is grown." Penalty attached for violation of provisions.

Fugitives from justice from other States.-An act to regulate the arrest and surrender of fugitives from justice from other States and Territories, and repealing all laws in conflict therewith, and declaring an emergency. (Chap. 38, p. 38, approved February 23, 1897.)

Sections of this act provide for and regulate the issue of a warrant by the governor of the State of Indiana for the arrest of any fugitive from justice from other States

and Territories, and for his retention in jail while waiting for delivery to agent of State or Territory making demand for surrender of such fugitive.

Section 3 declares that if such fugitive be not demanded within thirty days after his commitment, the jailer shall discharge him. (Formerly the time for him to be held was ninety days.)

NOTE.-New feature: Fugitive may be arrested and await action on information given to governor of State or Territory from which he fled. If no requisition is made, the person causing the arrest is liable for costs.

If anyone is held wrongfully, he can bring action for damages in civil suit against person responsible Measuring wheat.-An act making it unlawful to use for the purpose of testing or determining the weight, grade, or milling or market value of wheat any measure other than the standard half-bushel measure furnished this State by the United States, and making it unlawful to use anything other than a straight stick with the edges squared for leveling the wheat in said half-bushel measure. (Chap. 47, p. 60, a law without the governor's signature.)

Section 1 prohibits the use of any measure for testing or determining the weight of wheat other than the standard half-bushel measure furnished this State by the United States.

Section 2 prohibits the use of anything other than a straight stick with the edges square for the purpose of striking the test.

Violation of provisions a misdemeanor: Penalty, fine from $10 to $100, to which can be added imprisonment in the county jail not exceeding six months. NOTE,-Former penalty did not allow of addition of imprisonment to fine.

Employment of women and children.-An act to regulate the employment of women and children in manufacturing establishments and to provide for the appointment of inspectors to enforce the same. (Chap. 65, p. 101, approved March 2, 1897.) Sections 1, 2, and 3 of this act prohibit the employment of persons under 16 years of age and women under 18 years of age in any manufacturing establishment where it shall be required to work therein more than sixty hours in any one week, or more than ten hours in any one day unless for the purpose of making a shorter day on the last day of the week, nor more hours in any one week than will make an average of ten hours per day for the whole number of days in which such person or such woman shall so work during such week. Also the employment of any child under 14 years of age in any manufacturing establishment within this State. Also permitting any child under the age of 15 years to have the care, management, or to operate any elevator, or permitting any person under 18 years to operate any elevator running at a speed of over 200 feet a minute.

Provision is also made for recording name, birthplace, age, and place of residence of every person employed under the age of 16 years, list to be posted conspicuously in every room of manufacturing establishment where such children are employed. Children under 16 years of age, who are employed must be able to read English and be physically able to labor; decision to be made by factory inspector.

Following sections provide for the proper inclosure of elevator shaft in manufacturing establishments; for proper and substantial hand rails on stairways; for doors to open outward; for a sufficient number of fire escapes; for the reporting of accident or injury; for the furnishing of belt shifters and guards to machine apparatus; for suitable wash rooms, water-closets, and dressing rooms; for the lime washing or painting of walls and ceiling; for factory inspection and for regulating the air space and ventilation of said manufacturing establishments.

The appointment of a factory inspector is provided for and his duties and powers defined.

Persons under 18 years of age and women under 21 years are prohibited from cleaning machinery while it is in motion.

Not less than sixty minutes shall be allowed for the noonday meal in any manufacturing establishment in the State of Indiana.

Tenement house shops are prohibited except under permit.

Violation of any of the provisions of this act is declared a misdemeanor: Penalty, fine not more than $50 for the first offense and not more than $100 for the second offense, to which may be added imprisonment for not more than ten days, and for the third offense a fine not less than $250 and not more than thirty days imprisonment.

NOTE.-New feature of section 1, the proviso.

Of section 2, prohibiting employment of children under 14 years of age and compelling the reading and writing of English.

Special features of act: Provision for fire escapes, belt shifters, and exhaust fans, and prohibiting woman or child to clean machinery while in motion; also sanitary arrangements and the prohibition of the sweating system.

Appointment of factory inspector by governor for two years with full power to inspect and to report annually; also instigation of proceedings through prosecuting attorney against violators of

the law.

Former penalty for violation, fine from $50 to $100.

Protection of hotel keepers, etc.-An act for the protection of owners and keepers of hotels, inns, restaurants, boarding and eating houses, defining certain misdemeanors and their penalties, creating liens on certain property, and providing for the enforcement of the provisions hereof. (Chap. 80, p. 123, approved March 3, 1897.)

Section 1 prohibits obtaining food, lodging, or other accommodation at any hotel, inn, restaurant, or boarding house with intent to defraud the owner or keeper thereof. Violation subjects to fine of $25 or imprisonment in county jail or city workhouse not exceeding sixty sixty days, or both.

Section 2 prohibits removal of baggage from any hotel, inn, restaurant, or boarding house until all claims for bills, lodging, entertainment, or accommodation have been fully paid. Violation subjects to same penalty as mentioned in section 1.

Section 3 provides for lien against personal property and wages due of any person who may owe owner or keeper of hotel, inn, restaurant, or boarding house where accommodation has been provided until claim of said owner or keeper is satisfied; also for sale of said personal property.

Contagious diseases among swine.-An act entitled "An act to prevent the spread of contagious diseases among swine," etc. (Chap. 101, p. 152, approved March 5, 1897.)

Section 1 of this act provides for the disinfection of hog cars and pens.

Section 2 prohibits selling of swine from diseased herd, unless within five days after the first indication that such herd is so infected all well and healthy hogs have been separated from the herd and shipped for market. All breeders and owners of hogs in this State which die with any disease are required to burn each carcass to ashes within ten hours after death.

Section 3 prohibits anyone owning or controlling swine from allowing diseased swine to drink from running streams in this State.

Violation of all provisions of this act declared a misdemeanor: Penalty, fine from $25 to $500.

Trusts and combinations.—An act to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations made with a view to lessen, or which tend to lessen, free competition in the importation or sale of articles imported into this State, or in the manufacture or sale of articles of domestic growth or of domestic raw material; to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations between persons or corporations designed or which tend to advance, reduce, or control the price of such product or article to producer or consumer of any such product or article; to provide for forfeiture of the charter and franchise of any corporation organized under the laws of this State violating any of the provisions of this act from doing business in this State; to require the attorney-general of this State to institute legal proceedings against any such corporations violating the provisions of this act, and to enforce the penalties prescribed; to prescribe penalties for any violations of this act; to authorize any person or corporation damaged by any such trust, agreement, or combination to sue for the recovery of such damage, and for other purposes. (Chap. 104, p. 159, approved March 5, 1897.)

Section 1 of this act prohibits the interference with free competition in importation or sale of merchandise by any corporation chartered under the laws of this State; and any corporation violating provisions of this act shall forfeit its charter and franchise, and its corporate existence shall thereupon cease and determine. Violation by any foreign corporation subjects to discontinuance of business in this State.

Section 3 declares that any violation of the provisions of this act is a conspiracy against trade, and any person or persons who may engage in any such conspiracy shall on conviction be punished by a fine from $100 to $5,000 and by imprisonment in penitentiary from one to ten years, or by both such fine and imprisonment. Section 5 provides for the recovery of damages by injured persons.

Section 6 provides for the instruction to grand juries as to the provisions of this act by judges of the circuit courts of this State.

Incest.-An act to amend section 1 of an act entitled "An act to amend section 85 of an act entitled 'An act concerning public offenses and their punishment,' approved April 14, 1881," etc. (Chap. 121, p. 184, approved March 6, 1897.)

As amended section 1 defines the crime of incest with regard to relations existing between parents and children, stepparents and their stepchildren, grandparents and their grandchildren, brothers with sisters, or uncles or aunts with nephews or nieces.

Conviction of such crime as is herein defined subjects to imprisonment in State prison from two years to five years or imprisonment in county jail from six months to twelve months.

NOTE.-New features: Sexual intercourse between grandparents and grandchildren and between uncle or aunt and niece or nephew included in definition of crime of incest.

Warehouse receipts.-An act concerning warehouse receipts, and the issuing, sale, and transfer thereof, and the sale of goods, wares, and merchandise stored in public or private warehouses in other States. (Chap. 124, p. 189, approved March 6, 1897.)

Sections of this act prohibit the use of any warehouse receipt by any corporation, firm, or person unless such receipt shall be issued by the warehouseman operating such warehouse; also the use of any false warehouse receipt, or any receipt or certificate that does not plainly designate the number and location of warehouse and set forth therein a full, true, and complete copy of the receipt issued by the warehouseman operating such warehouse wherein such goods, wares, or merchandise are stored or deposited.

Violation, a misdemeanor: Penalty, fine from $50 to $1,000, to which may be added imprisonment not exceeding one year.

NOTE. Former penalty, fine not exceeding $5,000 and imprisonment in State prison not exceeding five years. (See sec. 6549 of Revised Statutes for 1896.)

Selling cigarettes to minors.-(Chap. 135, p. 205, approved March 6, 1897.) Section 1 of this act prohibits the sale or gift to minors of any cigarette, cigarette wrappers, or any substitute for either, or to procure for or to persuade or compel any child who is a minor to smoke any cigarette.

Violation subjects to fine from $10 to $50 for first offense; for second and subsequent offenses, fine from $10 to $500, to which may be added imprisonment not exceeding sixty days.

NOTE.-Former law on sale of tobacco to children under 16 years of age (see secs. 6596 and 6597 of Revised Statutes for 1896). Penalty for violation from $10 to $100 and imprisonment from ten to thirty days.

Aiding convicts to escape.-An act to amend section 126, being section 2031 Revised Statutes of 1881, of an act entitled an act concerning public offenses and their punishment, approved April 14, 1881. (Chap. 137, p. 207, approved March 8, 1897.)

As amended, section 126 declares that whoever aids or assists a person lawfully confined in any jail, workhouse, city prison, or other lawful place of confinement to escape therefrom, or in an attempt to escape therefrom, or who shall aid any person away from the control and custody of the keeper of any such jail, workhouse, city prison, or other lawful place of confinement, or shall convey into such place of confinement anything with intent to facilitate the escape of such prisoner, shall be fined from $50 to $500 and imprisoned in the county jail from three months to one year. NOTE.-New features: "Who shall, either within or without the prison, connive at the escape of the prisoner."

Grade crossings.-An act entitled an act on the subject of, and relating to, railroad crossings. (Chap. 157, p. 237, approved March 8, 1897.)

Sections of this act provide for the prevention of railroads crossing at grade when deemed reasonable and practicable by circuit court or judge of the county wherein such crossing is located; for the interlocking of switches when railroads cross each other at grade, or cross a stream by swing or draw bridge which shall render it safe for engines or trains to pass over such crossing or bridge without stopping, such interlocking works or fixtures to be first approved by the auditor of State and a plan filed with him. The auditor of State is empowered to discontinue such interlocking system when in his judgment it is proved to be unsafe.

Further provision is made for petition to auditor of State to establish interlocking switch, and for the hearing and granting of such petition.

Section 4 declares that in case one railroad company or an electric railroad company shall hereafter cross at grade with its track or tracks, the track or tracks of another railroad, the railroad company or the electric railroad company seeking to cross at grade shall be compelled to interlock such crossing to the satisfaction of the auditor of State, and to pay all costs of such appliance, together with the expense of putting them in and the future maintainance and operation thereof.

Section 6 declares that any person, company, or corporation refusing or neglecting to comply with any order made by the auditor of State in pursuance of this act

shall forfeit and pay a penalty of $500 per week for each week of such refusal and neglect.

NOTE.-New features:

First. Crossing of railroads to be defined by judge of circuit court in an emergency.
Second. "Or any railroad crossing a stream by any swing or drawbridge."

Third. Stopping unnecessary at interlocked crossings.

Fourth. Penalty for violation of provisions.

Vote selling.-An act concerning public offenses and their punishment. 158, p. 239, approved March 8, 1897.)

(Chap.

Section 1 of this act prohibits vote selling, or offers to refrain from voting for any candidate at any general or special election, either for money, property, or thing of value, or any promise of reward: Violation subjects to fine from $10 to $500, imprisonment in State prison from one year to five years, and rendered incapable of holding any office of trust or profit for any determinate period.

NOTE.-Former penalty, fine from $10 to $1,000, and disfranchisement for any determinate period of not less than eight years.

Medicine and Surgery.-An act regulating the practice of medicine, surgery and obstetrics, etc. (Chap. 169, p. 255, approved March 8, 1897.)

Section 1 declares that it shall hereafter be unlawful for any person to practice medicine, surgery, or obstetrics in the State of Indiana without first obtaining a license so to do, as hereinafter provided.

Sections 2 to 5, inclusive, provide for procuring certificate to practice medicine, surgery, or obstetrics in the State of Indiana upon presentation of diploma or license already held to State board of medical registration and examination, and for obtaining license from county clerk upon presentation of certificate from State board of medical registration and examination. Said license must be obtained in county where practicing physician resides, and provision is made for record to be kept by county clerk; for appointment by governor of State board of medical registration and examination, duties and powers of said board relative to issuing certificates by which license is obtained being regulated and defined.

Section 6 provides for obtaining certificate and license to practice midwifery in the State of Indiana.

Section 8 defines practice of medicine.

Section 9 declares that any person who shall practice medicine, surgery, or obstetrics in this State without having a license duly issued as herein before provided, shall be deemed guilty of misdemeanor: Penalty, fine from $25 to $200.

NOTE.-New features: Certificate dependent upon State board of medical registration and examination, and presentation of certificate to county clerk necessary to obtain license. Former penalty from $20 to $200.

Class fire insurance companies.-An act for the incorporation of class fire insurance companies on the mutual plan; defining their powers and prescribing their duties, and the duties of the auditor of the State; providing penalties for the violation of this act. (Chap. 172, p. 267, approved March 8, 1897.)

Section 1 provides for the organization of class fire insurance companies, and every company organized under the provisions of this section shall indicate in its title or name the trade and class of property which it shall be organized to insure, and no such company shall insure any property of any other trade or class.

Violation subjects to fine of $100 for each and every policy issued contrary to provisions of this act.

Mapping coal mines.-An act to compel owners of coal mines to make maps of mines, to file copies of the same with the inspector of mines, to make monthly reports of certain matters to said inspector, providing a penalty for failure to comply with its provisions, and providing an office for the said inspector. (Chap. 173, p. 269, approved March 8, 1897.)

Section 1 provides for the making of accurate maps of coal mines by owner, operator, or agent thereof, and for the depositing copy of map with inspector of mines. Section 2 empowers inspector of mines to appoint mining engineer to make such survey and maps in case owner of mine refuses so to do.

Section 3 provides for monthly report to be made to inspector of mines of the name of the person in charge of such mine, the number of tons of coal produced at such mine during the preceding month, the amount of wages paid employees during such month, the amount of money expended for improvements during the said month, together with such other information as may be necessary to enable said inspector to prepare his annual report as is now required by law.

Section 4 declares that any person who shall fail, refuse, or neglect to do or per