duty of any road overseer, and shall report to the board of supervisors on the first day of each month the amount thus collected; his failure to do so shall be cause for immediate removal, and for prosecution for failure of duty. Hogs running at large (chap. 25, p. 34, approved May 13, 1897).—It is made "unlawful for hogs to run at large within 2 miles of the line of levees of the Mississippi Levee district." All agents and employees of the board of levee commissioners in that district are required to kill all hogs which may be found running at large within said described limits. Chapter 26, page 34, approved May 12, 1897, amends act creating Palmyra Levee district, approved March 19, 1896. SEC. 7. If any person shall ride or drive on the levees of this levee district, or shall allow hogs, mules, horses, or cattle to run on the same after having been notified not to do so by any member of the levee board, he shall be liable to a fine of $10. MISSOURI. 1897. Felony defined. The term "felony," when used in this or any other statute, shall be construed to mean any offense for which the offender, on conviction, shall be liable by law to be punished by death or imprisonment in the penitentiary, and no other. (Revised Statutes 1889, sec. 3973.) The term "misdemeanor," as used in this or any other statute, shall be construed as including every offense punishable only by fine or imprisonment in a county jail, or both. (Sec. 3975.) NOTE.-SEC. 3976. "Criminal offense," "crime," and "offense" may refer to both felony and misdemeanor. Punishment for misdemeanor.-Whenever any offense is declared by statute to be a misdemeanor, and no punishment is prescribed by that or any other statute, the offender shall be punished by imprisonment in a county jail not exceeding six months or by fine not exceeding $200, or by both such fine and imprisonment. (Sec. 3958.) Bank examiners.-An act to repeal an act to provide for the examination of banks and fund companies incorporated under Article VI, chapter 42, of the Revised Statutes of the State of Missouri, 1889, and trust companies, and providing for prosecution of such companies when discovered to be in violation of the law approved March 22, 1895, and to enact a new act in lieu thereof. (P. 83, approved March 15, 1897.) Sections of this act define the duty of the secretary of state with regard to visiting and examining banks and trust companies. The expense of examination is provided for, the result to be certified to the legislature. The duty of the secretary of state is still further defined regarding banks and trust companies when capital is impaired and when illegal and unsafe banking is discovered. Provision is made for proceedings to be entered against corporations refusing to be examined. The duty of bank examiners is defined and restrictions made as to their appointment. Violation of his oath of office or of any duty imposed upon him by this act by any examiner shall be deemed a felony: Penalty, imprisonment not exceeding five years or fine from $100 to $1,000, or both. Section 9 declares that it shall be unlawful for any examiner as hereby appointed to accept, receive, or ride on any free transportation while engaged on official business, and any officer who shall request such free transportation for any such examiner shall be guilty of a misdemeanor. NOTE.—Embraces former legislation with omissions not affecting penalties. Aged animals running at large. An act to provide punishment of owners or custodians of aged and otherwise inferior animals who refuse to restrain the same from running at large. (P. 99, approved February 24, 1897.) Section 1 of this act declares that whoever shall knowingly and purposely refuse to restrain from running at large any domestic animal of the species enumerated in section 354 of the Revised Statutes of 1889 when its age, deformity, blindness, or other infirmity would render nugatory the law providing for the sale thereof to pay costs and damages to any party who might take up said animal shall be deemed guilty of a misdemeanor: Penalty, fine from $5 to $20 or imprisonment not exceeding ten days. Adulteration of candy.-An act to repeal section 3888 of the Revised Statutes of 1889, entitled an act providing for the use of pure ingredients in the manufacture of candies, and providing penalties for a violation thereof, approved April 18, 1889, and to enact three new sections in lieu thereof, to be known as Nos. 3888, 3888a, 3888b, prohibiting the use of certain ingredients in the manufacture of candies, prescribing penalties therefor, and making it the duty of prosecuting attorneys of this State to prosecute violations of the provisions of this act. (P. 99, approved March 20, 1897.) The new sections named in act prohibit the manufacture or sale of adulterated candy by the admixture of mineral substances or poisonous colors or flavors or other ingredients detrimental to health. Violation subjects to fine from $50 to $100, and the candy so adulterated shall be forfeited and destroyed. NOTE.-Former penalty, fine from $50 to $500 or imprisonment from three months to six months, or both. Protection of girls.-An act to add to chapter 47, Article VIII, Revised Statutes of Missouri, 1889, entitled "Crimes and punishments," a new section, to be numbered 3815a. (P. 100, approved March 23, 1897.) The new section added declares that every keeper or person in charge of any house or building used as a common assignation house or commen bawdy house, who shall permit any female under the age of 18 years to enter into or remain in said assignation or bawdy house, shall be adjudged guilty of a felony: Penalty, imprisonment from two years to ten years. NOTE. New feature, "or bawdy house." Book making and pool selling.-An act to punish book making and pool selling by unlicensed persons, to provide for the issuance of such a license, and to dispose of the funds arising from such license. (P. 100, approved April 7, 1697.) Section 1 prohibits pool selling and book making upon the result of any trial or contest of skill, speed, or power of endurance of man or beast which is to take place within or beyond the limits of the State of Missouri without obtaining a license so to do; also prohibits any owner, lessee, or occupant of any room or building, or part thereof, to permit the same to be used for such purpose by any person who has not obtained a license. Violation a misdemeanor: Penalty, fine of $1,000 or imprisonment for one year, or both. Sections 2 to 5 declare how license may be obtained, what license shall contain, cost of the same, and restricts the use of license to certain places and time. Section 5 declares that if any person having obtained a license under this act shall violate any provisions or conditions thereof, he shall be deemed guilty of a misdemeanor: Penalty, fine not more than $1,000 or imprisonment not exceeding one year, or both. Exhibition of deformed persons and animals (p. 102, approved February 24, 1897).-Section 1 of this act declares that any person or persons who shall exhibit in any public place in the State of Missouri any deformed person, beast, fowl, or reptile, or any human being without arms or legs, or any monstrosity, shall be deemed guilty of a misdemeanor: Penalty, fine not less than $25 or imprisonment from thirty days to ninety days, or both. Enclosed platforms for street cars.-An act requiring persons, associations, and corporations, owning or operating street cars to provide for the well-being and protection of employees. (P. 102, approved March 5, 1897.) Section 1 declares that every electric street car, other than trail cars which are attached to motor cars, shall be provided during the months of November to April of the following year at the front end with a screen composed of glass or other material which shall completely protect the driver, motorman, gripman, or other person stationed on such front end and guiding or directing said car from wind and storm. Violation of the provisions of this act by any person, agent, or officer of any association or corporation, is declared a misdemeanor: Penalty, fine from $25 to $100 for each day that any car belonging to or used by such person, association, or corporation is permitted to remain unprovided with said screen. Furnishing intoxicating liquors to minors.-An act to amend Article VIII, chapter 47 of the Revised Statutes of Missouri, 1889, relating to crimes and punishments, by adding a new section thereto, to be known as section 3800a. (P. 103, approved March 24, 1897.) The new section named declares that any person who shall sell, give away, or otherwise furnish any intoxicating liquor in any quantity to any minor, without written permission of the parent or guardian of such minor, shall be deemed guilty of a misdemeanor: Penalty, fine from $40 to $200. Hidden sale of intoxicating liquors.-An act to provide for the punishment of selling or giving away intoxicating liquors by any person in any manner in which the seller is not seen or known by the purchaser, and to authorize sheriffs and other officers to enter by force any room or building where such liquors are sold, and remove and hold the same until all fines which may be assessed for the sale of liquors at such place are paid, and to fix a lien upon such liquors for all fines and costs which may be assessed for the sale of liquors at such place. (P. 103, approved March 23, 1897.) Section 1 declares that any person who shall sell or give away any intoxicating liquors by the use of a "wheel," or any other scheme or contrivance by which the seller can not be seen or known by the purchaser or donor, shall be deemed guilty of a misdemeanor: Penalty for first offense, fine from $100 to $500, and for any violation perpetrated after conviction for such offense, fine from $200 to $500, or imprisonment not less than six months, or both. Section 2 defines the duty of sheriff upon statement of prosecuting attorney when evidence is had that intoxicating liquors are being sold in any building contrary to the provisions of this act. Skimmed-milk cheese.-An act requiring the branding or labeling of skimmedmilk cheese when offered for sale. (P. 104, approved March 24, 1897.) Section 1 prohibits the manufacture or sale of skimmed-milk cheese unless branded as such. Section 2 defines "skimmed-milk cheese." Violation, a misdemeanor: Penalty, fine from $10 to $500, or imprisonment not exceeding one year, or both. Section 4 prohibits shipment of skimmed-milk cheese that is not so branded: Provided That this act shall not apply to any goods in transit between foreign States across the State of Missouri. Violation, a misdemeanor: Penalty, fine from $10 to $500. Section 6 declares that whoever shall efface or remove any mark or label on any such article or cheese provided for by this act, with intent to mislead, deceive, or to violate any of the provisions of this act, shall be deemed guilty of a misdemeanor: Penalty, fine from $50 to $500. Seduction. An act to amend section 3486, chapter 47, article II of the Revised Statutes of Missouri of 1889, relating to seduction of unmarried females under 18 years of age. (P. 106, approved March 23, 1897.) The section as amended reads as follows: If any person shall, under promise of marriage, seduce any unmarried female of good repute under 21 years of age, he shall be deemed guilty of a felony: Penalty, imprisonment in the penitentiary from two to five years, or fine not exceeding $1,000, and imprisonment in the county jail not exceeding one year; but if before judgment the defendant marry the women so seduced, it shall be a bar to any further prosecution of the offense, but an offer to marry the female seduced by the party charged shall constitute no defense to such prosecution; in all cases where the defendant marries the woman seduced, they shall be dismissed at defendant's cost. NOTE.-New features: First.-Raising age to 21; formerly 18 years. Second.-Concerning cases dismissed at cost of defendant. Employer and elections.-An act to amend an act entitled "An act to prevent corrupt practices in elections, to limit the expenses of candidates, to prescribe the duties of candidates and political committees, and provide penalties and remedies for violations of this act," approved March 31, 1893, by inserting between sections 4 and 5 three new sections, to be known as sections 4a, 4b, and 4c. (P. 108, approved March 20, 1897.) The new sections added declare that voters may absent themselves from employment for four hours on election day between the time of opening and closing the polls, provided that the employer may specify the hours. Any person or corporation refusing this privilege to persons employed, or who shall discharge or threaten to discharge any employee for absenting himself from work for the purpose of voting, or cause any employee to suffer deduction of wages because of exercising such privilege, shall be deemed guilty or a misdemeanor: Penalty, fine not exceeding $500, They also prohibit business corporations from influencing the result of any election to be held in the State of Missouri, or procuring the election of any person to public office by use of money belonging to such corporation, or by discharging or threatening to discharge any employee for reason of political opinions. Violation shall be deemed and held as a forfeiture of the charter or franchise of business corporation so violating. Furthermore, it is declared that officers of corporations discharging employees in contravention of this act shall be deemed guilty of a felony: Penalty, imprisonment in the penitentiary from two to five years. Primary elections.-An act to repeal an act approved April 18, 1891, and an act approved April 19, 1893, amendatory of Article IV, chapter 60, Revised Statutes of the State of Missouri, 1889, relating to "Elections, primary," etc. (P. 117, approved March 5, 1897.) The new sections of this act provide for notice to be given of all primary elections; declare who may and who may not vote at such primary elections; provide for the division of wards into districts and for the location of poling places in said districts; for the selection of judges; authorize the appointment of watchers; provide for furnishing a register of voters for the form and preparation of ballots, and how delegations may be placed on the ballot. Polling hours are fixed and regulated; also the compensation of judges and clerks. The duty of judges and clerks is defined, and the payment of expenses of election provided for. Unqualified or illegal voting at primary elections is declared a misdemeanor: Penalty, fine not exceeding $500 or imprisonment not exceeding ninety days, or both. Any judge or clerk of any primary election making or returning a fraudulent statement of the result of such election shall be deemed guilty of a misdemeanor: Penalty as afore stated. Any person acting as judge, clerk, or watcher of election without having been duly sworn shall be deemed guilty of a misdemeanor; and any person who shall serve as judge or clerk at any polling place who is not a bona fide resident of, and a registered voter in, the district in which said polling place is located shall be deemed guilty of a misdemeanor: Penalty, fine not exceeding $500 or imprisonment not exceeding ninety days, or both. NOTE.-Former penalty for illegal voting at primary elections, fine not exceeding $100 or imprisonment not exceeding thirty days, or both. Fish.-An act to amend an act of the general assembly of the State of Missouri, approved April 8, 1895 (session acts, 1895, p. 182), entitled "An act to protect and preserve the game, fish, and birds of Missouri from destruction, and to provide for the appointment of a game warden." (P. 120, approved March 24, 1897.) As amended the section prohibits killing, catching, or injuring certain game animals, fish, and birds during the close season for such game in the State of Missouri. It furthermore prohibits the destruction of wild song birds or insectivorous birds at any season of the year; also robbing or destroying the nests of same. The use of nets, traps, pens, or pits for taking game is prohibited at all times and seasons. The use of explosives is also prohibited. Any person offending against any of the provisions of this section shall be deemed guilty of a misdemeanor: Penalty, fine from $10 to $50. NOTE.-New feature: Provision concerning the catching of fish in counties affected by overflow or back water from the Mississippi River. Same subject.-An act to amend section 1 of an act of the general assembly of 1895, entitled 'An act to protect and preserve the game, fish, and birds of Missouri from destruction, and to provide for the appointment of a game warden," approved April 8, 1895. (P. 122, approved March 24, 1897.) This act is identical with the one next preceding, excepting as regards the last provision to the section amended. Above act provides that nothing in this section shall be construed to prevent any person from catching fish with a seine with meshes not less than 2 inches in size, in any stream of water flowing through or bordering on lands belonging to such person, provided that such person shall not use said seine for more than two hours in any one day. Violation, a misdemeanor: Penalty, fine not less than $10 nor more than $50. Restricting employment of children.-An act to restrict the employment of children, and providing penalties for the violation thereof. (P. 143, approved March 23, 1897.) Section 1 declares that no child under the age of 14 years shall be employed in any manufacturing or mechanical establishment in the State of Missouri wherein steam, water, or any other mechanical power is used in the manufacturing process carried on therein, or where the work to be done by such child would, in the opinion of true, reputable physicians in the locality where such work is to be done, be dangerous to the health of such child. Violation by any person, firm, or corporation, or its agent, or by any parent or person in charge of such child permitting him to be employed in violation of this act, is declared a misdemeanor: Penalty, fine from $10 to $100, or imprisonment from two days to ten days, or both: Provided That extreme poverty of the parent or person in charge of such child shall be a good defense to such proceeding. and Obstructing drains and ditches.-An act to enable the owners of swamp marshy lands to drain and reclaim them, when the same can not be done without affecting the lands of others, prescribing the duties of county courts and other officers in the premises, and to provide for the repair and enlargement of such drains. (P. 146, approved March 26, 1897.) Sections of this act provide for the construction and maintenance of drains and ditches in the various counties of the State of Missouri, to be under the supervision and management of the county surveyor. Every person or corporation through whose lands any public ditch or drain is constructed shall keep the same open, free, and clean of any and all obstructions upon his or its premises, and in case of failure to do so he shall be liable to pay all necessary and reasonable expenses in removing such obstruction. Section 29 declares that if any person shall willfully obstruct any public ditch, or shall willfully divert the water from its proper channel, he shall be deemed guilty of a misdemeanor: Penalty, fine from $10 to $100, and liability for any and all damages accruing to any person, persons, or corporation by reason of such act. Former penalty (see General Statutes, sec. 4496), fine from $25 to $100 for first offense; second offense, fine from $50 to $200; each subsequent offense, imprisonment in county jail from thirty days to one year. Dentistry. An act to repeal Article III of chapter 110 of the Revised Statutes of Missouri of 1889, and to enact a new article in lieu thereof, to be known as Article III of chapter 110. (P. 166, approved March 19, 1897.) The new article enacted regulates the practice of dentistry in the State of Missouri, declaring it to be unlawful for any person not a registered dentist, within the meaning of this act, to practice dentistry or dental surgery in any of its departments, as principal or agent, in the State of Missouri, except as hereinafter provided. Provision is made for the appointment of a State board of dental examiners, whose duties are herein defined. Persons already engaged in the practice of dentistry are required to file with the board of examiners their certificates of registration, and upon payment of regulated fee a certificate will be issued to them. Persons desiring to practice dentistry in this State, who shall have received a diploma from the faculty of some reputable dental college, shall present said diploma to the board of examiners, and on payment of regulated fee certificates of registration may be issued. Applicants for examination, the character of which is herein regulated, are required to file application in writing with the secretary of said board of dental examiners, and, at the time of making such application, pay the secretary of said board a fee of $10. Furthermore, provision is made for recording certificate in the office of county clerk. Failure or refusal to register certificate for a period of six months shall subject to forfeiture of certificate, to be restored only upon payment of $25 to the State board of dental examiners. Section 9 defines the practice of dentistry. Section 11 declares that any person who shall practice or attempt to practice dentistry without a license, or without having his license renewed, as herein provided, shall be deemed guilty of a misdemeanor: Penalty, fine from $50 to $200, or impris onment from twenty days to sixty days, or both. NOTE.-New feature: Appointment of State board of dental examiners. Escapement shafts in coal mines.-An act to repeal section 7063, chapter 115, Article II, laws 1889, and to enact a new section in lieu thereof, relating to escapement shafts, when, how, and where constructed, and add a new section to be known as section 7063a. (P. 199, approved March 24, 1897.) The new sections provide for the use of escapement shafts in coal mines, and declare when and how such escapement shafts shall be constructed. Any owner, agent, or operator of a coal mine in the State of Missouri violating the provisions regarding said escapement shafts shall be deemed guilty of a misdemeanor: Penalty, fine from $50 to $200, or imprisonment from three months to twelve months, or both. |