2279. Selling votes-Penalty.-2. Whoever sells, barters, or offers to sell or barter his vote or offers to refrain from voting for any candidate for any office to be voted for at any election held in this state, either for any money or property or thing of value or for any promise or favor or hope of reward, given or offered by any candidate to be voted for at any election held in this state or by any other person or persons, shall be fined in any sum not more than fifty dollars and disfranchised and rendered incapable of holding any office of trust or profit for a period of ten years from the date of such conviction.

The legislature has power to make it a criminal offense for an elector to sell his vote, and may inflict a penalty on the vote seller and exempt the vote buyer from liability. Baum v. State, 157 Ind. 282.

In charging the offense of selling a vote it is not necessary to state for what purpose the election was held nor to name the candidates to be voted for at the election. Baum v. State, 157 Ind. 282.

Persons who induce an elector to sell his vote can not recover a reward from the county for the conviction of the vote seller, although such conviction was secured on testimony furnished by such person. Board v. Davis, 162 Ind. 60; Board v. Bliss,

162 Ind. 125.

To render a person ineligible to hold an office because of bribery to secure a nomination for such office, such person must have been duly convicted of such bribery. Gray v. Seitz, 162 Ind. 1.

2280. Witnesses.-3. Any person called as a witness to testify against another for the violation of any of the provisions of sections one or two of this act, is a competent witness to prove the offense, although he may have been concerned as a party, and he shall be compelled to testify as other witnesses, but such evidence shall not be used against. him in any prosecution for such or any other offense growing out of matters about which he testifies, and he shall not be liable to trial by indictment or information or punished for such offense.

2281. Repeal.-4. That the act entitled "An act to procure the purity of general, special and primary elections and conventions, prescribing punishment for the violation thereof, and reward for conviction of violations of the provisions thereof, and to repeal sections three (3), four (4), five (5) and six (6) of an act entitled 'An act concerning elections and nominating conventions, to maintain political purity and prescribing punishment for any violation thereof,' approved March 9, 1889, an act entitled 'An act to secure the purity and freedom of the ballot and to repeal sections one (1), two (2), three (3) and five (5) of an act entitled 'An act to protect the ballot box, to procure fair elections, to prevent the purchase or sale of votes, to provide means of proving such offenses, prescribing the penalty therefor and repealing sections 268 and 269 of an act concerning public offenses and their punishment, approved April 14, 1881, being sections 2184 and 2185 of the revised statutes of 1881, and repealing all laws and parts of laws in conflict with the provisions of this act, approved March 9, 1889, and an act concerning public offenses and their punishment, approved March

8, 1897, and all laws and parts of laws in conflict with the provisions of this act, approved March 4, 1899, be and the same is hereby repealed.

[Acts 1905, p. 584. In force April 15, 1905.]

2282. False claims.-675. Whoever, knowing the same to be false or · fraudulent, makes out or presents for payment or certifies as correct to the general assembly, or either house thereof, or to the auditor of state or other state officer, or to the county auditor, or the board of commissioners or other officer of any county, or to the treasurer, or other accounting officer of any city or town, or to the trustee or accounting officer of any civil or school township, or school city or town, any claim, bill, note, bond, account, pay roll or other evidence of indebtedness, false or fraudulent, for the purpose of procuring the allowance of the same or an order for the payment thereof, out of the treasury of said state, county, civil or school township, city or town; and whoever knowing the same to be false or fraudulent, receives payment of any such claim, account, bill, note, bond, pay roll, voucher or other evidence of indebtedness from the treasurer of state, or the treasurer or other paying officer of any county, civil or school township, city or town, shall, on conviction, be imprisoned in the state prison not less than two years nor more than fourteen years and fined not less than ten dollars nor more than one thousand dollars.

See sections 2349-2363, Burns' R. S. 1901, and notes.

Sufficiency of indictment and evidence for presenting a false claim against a county to a board of county commissioners for allowance. Ferris v. State, 156 Ind. 224; Wilson v. State. 156 Ind. 631.

2283. Forgery-Public records-Altering.-676. Whoever falsely makes or assists in making, defaces, destroys, alters, forges, counterfeits, prints, or photographs, or causes to be falsely made, defaced, destroyed, altered, forged, counterfeited, printed or photographed, any record or authentic matter of a public nature, deed, will, codicil, lease, bond, covenant, writing obligatory, bank bill or note, check, bill of exchange, or any acceptance or endorsement of any bill of exchange, promissory note for the payment of money or other property, or any post note, acquittance or receipt either for money or property, or any acquittance, release or discharge of any debt, account, action, suit, demand or other thing, real or personal, or any order, warrant or request for the payment of money, or any auditor's warrant, treasury note, county order, city order, endorsement of any promissory note, draft, or order or assignment of any bond, writing obligatory, or promissory note for money or property, or any order or draft for the payment of money or property, or any lawful brand on a tobacco leaf, bacon or pork cask, lard keg or barrel, salt barrel or hay bale, or any ticket, check, order, coupon receipt for fare or pass, printed, written, lithographed or engraved, issued by any railroad or other transportation company, or by the manager, lessee, agent or receiver thereof, or any plat, draft or survey of land, or transfer or assurance of money, stock, goods, chattels, or other property, whatever, or any letter of attorney, or any power of authority to receive money, or to receive and transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, certificate of a justice of the peace or other public officer, or any other instrument in writing, with intent to defraud any person, body politic or corporate, or utters or publishes as true any such instrument or matter, knowing the same to be false, defaced, altered, forged, counterfeited, falsely printed or photographed, with intent to defraud any person, body politic or corporate shall, on conviction, be imprisoned in the state prison not less than two years nor more than fourteen years, and fined not less than ten dollars nor more than one thousand dollars.

See notes to section 2354 Burns' R. S. 1901.

The alteration of a memorandum on the back of a warehouse receipt showing the grade of the grain stored- does not constitute the crime of forgery. State v. Hendry, 156 Ind. 392.

The forging and uttering and publishing of a false and forged instrument may be charged in the same count. Selby v. State, 161 Ind. 667.

2283a. False pretense.-677. Whoever, with intent to defraud another, designedly by color of any false token or writing, obtains the signature of any person to any written instrument, or obtains from any person any money, transfer, bond, bill, receipt, promissory note, draft, or check or thing of value, and whoever sells, barters or disposes of, or offers to sell, barter, or dispose of any transfer, bond, bill, receipt, promissory note, draft, or check or anything of value, knowing the signature of the maker, indorser or guarantor thereof to have been ob

tained by any false pretense, shall, on conviction, be imprisoned in the state prison not less than two years nor more than seven years, and fined not less than ten dollars nor more than one thousand dollars. See section 2352, Burns' R. S. 1901, and notes.

In charging the obtaining of money or property by means of false pretenses, it must be shown that the injured party was deceived by the pretenses and was induced by deceit to part with the money or property. Stifel v. State, 163 Ind. 628.

A person may be convicted of obtaining property by means of false pretenses if he induces the seller of property to accept in payment therefor worthless currency by representing that such currency is good and lawful money of the United States. Pinney v. State, 156 Ind. 167.

2284. False statement-Credit.-678. Whoever, with intent to defraud, or by color or aid of a check, draft or order for the payment of money or the delivery of property, although no express representation is made in reference thereto, obtains from another any money or property, when the drawer or maker of such check, draft or order is not entitled to draw on the drawee for the sum specified therein, or to order the payment of the money or the delivery of the property, shall, on conviction, be fined not less than one hundred dollars nor more than five thousand dollars, to which may be added imprisonment in the state prison not less than one year nor more than five years.

This section is the same as the act of 1903, Acts 1903, p. 358.

2285. Counterfeiting coin.-679. Whoever forges or counterfeits any gold or silver coin, which shall be at the time current in this state, or utters or tenders in payment any such forged or counterfeit coin, or any forged or counterfeit bank note, bill or treasury note, knowing the same to be forged or counterfeit, with intent to defraud any person, shall, on conviction, be imprisoned in the state prison not less than two years nor more than fourteen years, and fined not less than ten dollars nor more than one thousand dollars.

See notes to section 2356, Burns' R. S. 1901.

2286. Counterfeit-Uttering.-680. Whoever, with intent to defraud any person, gives, barters, sells or puts away forged or counterfeit gold or silver coin, which shall be at the time current in this state, or any bank note, or any draft or certificate or [of] deposit, drawn on or by any bank, knowing the same to be forged or counterfeit, shall, on conviction, be imprisoned in the state prison not less than two years nor more than fourteen years and fined not less than ten dollars nor more than one thousand dollars.

See notes to section 2357, Burns' R. S. 1901.

2287. Counterfeit-Uttering to circulate.-681. Whoever gives, barters, sells, utters, publishes, or puts away, any forged or counterfeit gold or silver coin, which shall be at the time current or in circulation in

this state, or any false, forged or counterfeit bank note, bill or draft, or certificate of deposit drawn on or by any bank, with intent to have the same put in circulation, knowing the same to be forged or counterfeit, shall, on conviction, be imprisoned in the state prison not less than two years nor more than fourteen years, and fined not less than ten dollars nor more than one thousand dollars.

See notes to section 2358, Burns' R. S. 1901.

2288. Counterfeit-Possession.-682. Whoever has in his possession any forged or counterfeit gold or silver coin, which shall be at the time current or in circulation in this state, or any false, forged or counterfeit bank note or bill, with intent to put or have the same put in circulation, and knowing the same to be forged or counterfeit, shall, on conviction, be imprisoned in the state prison not less than two years nor more than fourteen years, and fined not less than ten dollars nor more than one thousand dollars.

See notes to section 2359, Burns' R. S. 1901.

2289. Counterfeiting registered label.-683. Any person who shall knowingly and wilfully make, forge or counterfeit, or have in his possession, or buy, sell, offer for sale, or deal in any representation, likeness, similitude, copy or colorable imitation of any label, wrapper, mark, name, brand, stamp, or device registered under provisions of the laws of this state, shall, on conviction, be imprisoned in the state prison not less than one year nor more than three years, or be fined not more than two thousand dollars and imprisoned in the county jail not more than six months.

2290. Selling goods with counterfeit label.-684. Any person who shall have in his or her possession, or sell or offer to sell or trade any goods, wares, merchandise or other articles upon which he knows is placed or affixed any false, forged or spurious label, wrapper, mark, name, brand, stamp or device in likeness or imitation of one registered under the laws of this state, shall, on conviction, be imprisoned in the state prison not less than one year nor more than three years, or be fined not more than two thousand dollars and imprisoned in the county jail not more than six months.

2291. Counterfeiting registered union label.-685. Any person not authorized to do so by the union or association on whose behalf the same is registered as provided by law, who shall knowingly take into, have, or keep in his possession any label, wrapper, mark, name, brand, stamp or device so registered, or who shall manufacture, sell, display or use the same, or who shall place the same upon any goods or merchandise of the same or similar class as that to which the label, wrapper, mark, name, brand, stamp or device is appropriated in the verified statement filed by registry, or who shall take into his possession, have, keep, offer for sale, sell, or dispose of any goods or merchandise of such class upon which he knows there is placed or displayed any such label, wrapper,