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Sec. 98. If any person shall aid or assist a prisoner, lawfully imprisoned or detained in custody for any offense against this state, or who shall be lawfully confined by virtue of any civil process, to make his or her escape from imprisonment or custody, though no escape be actually made; or if any person shall convey or cause to be delivered to such prisoner any disguise, instrument, or arms, proper to facilitate the escape of such prisoner, any person so offending (although no escape or attempt to escape be actually made), shall, on conviction, be punished by fine not exceeding five thousand dollars, and imprisoned in the county jail not exceeding five years.

ART. 1961, Sec. 99. If any sheriff, coroner, jailor, keeper of a prison, constable, or other officer or person whatever, having any prisoner in his legal custody before conviction, shall voluntarily suffer or permit such prisoner to escape or

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at large, every such officer or person so offending shall, on conviction, be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail any time not exceeding five years; provided, that if such person be in custody charged with murder or other capital offense, then such officer or person suffering or permitting such escape, shall be punished by imprisonment in the state prison for any term not less than one year, nor more than ten years. A negligent escape of a person charged with a criminal offense before conviction, from the custody of any of the aforesaid officers, shall be deemed a misdemeanor, and punished by fine not exceeding five thousand dollars.

ART. 1962, Sec. 100. If any sheriff, coroner, keeper of a jail, constable, or other officer, shall willfully refuse to receive or arrest any person charged with criminal offense, such sheriff, coroner, jailor, constable, or other officer so offending, shall, on conviction, be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail not exceeding five years.

ART. 1963, Sec. 101. Every person having a knowledge of the actual commission of any offense punishable by imprisonment in a county jail, or by fine, or of any misdemeanor or violation of any statute for which any pecuniary or other penalty is or shall be prescribed, who shall take any money, property, gratuity, or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal any such offense or misdemeanor, or to abstain from any prosecution therefor, or to withhold any evidence thereof, shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, or imprisoned in the county jail not more than six months; provided, that this section shall not apply to those offenses which may lawfully be compromised by leave of the court.

ART. 1964, Sec. 102. If two or more persons shall conspire either to commit any offense; or falsely and maliciously to indict another for any offense; or to procure another to be charged or arrested for any such offense; or falsely to move or maintain any suit; or to cheat or defraud any person of any property by any means which, if executed, would amount to a cheat; or to obtain money or property by false pretences; or to cheat or defraud any person of any property by any means which are in themselves criminal; or to commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or due administration of the laws, they shall, on conviction, be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding one thousand dollars.

Sec. 103. No conspiracies, other than those enumerated in the last section, are punishable criminally.

ART. 1965, Sec. 104. No agreement, except to commit a felony upon the person of another, or to commit arson or burglary, shall be deemed a conspiracy, unless some act besides such agreement be done to effect the object thereof by one or more of the parties to such agreement.

ART. 1966, Sec. 105. If any person shall take upon himself to exercise or

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officiate in any office or place of another, in this state, without being lawfully authorized thereto, he shall, upon conviction, be fined in any sum not exceeding one thousand dollars.

ART. 1967, Sec. 106. Embracery is an attempt to influence a juror or jurors corruptly to one side, by threats or menaces, or by promises, persuasions, entreaties, money and the like. Every embracer, who shall directly or indirectly promise, or offer to any juror, or procure any juror to take money, or any other bribe, present, or reward, or any contract, obligation, or security for the payment, or delivery, of any money, present, reward, or any other thing, or shall corruptly influence, or attempt to influence any juror, shall, on conviction, be fined in a sum not exceeding five thousand dollars, or imprisoned in the state prison not exceeding five years; and any juror convicted of taking any money, present, reward, or any other thing, or corruptly being influenced, as aforesaid, shall suffer the like imprisonment, and be forever disqualified to act as a juror. This section shall apply as well to the grand, as the trial jurors; provided, nothing contained in this act shall apply to the trial of persons indicted for offenses committed prior to the passage of this act. In all such cases, the punishment shall be fixed in accordance with the laws heretofore existing.-[Âm. April 19, 1856; R. S. St. 1850, 242; C. L. 659.

ART. 1968, Sec. 107. If any judge, justice of the peace, sheriff, coroner, constable, clerk, or other officer of this state, ministerial or judicial, shall willfully receive or take any fee or reward to do or execute his duty as such officer, except such as is or shall be allowed by law, or if any such officer shall willfully or corruptly ask or demand, as a condition precedent to the performances of his duty as such officer, any fee or reward, except such as shall be allowed by law, every such officer so offending shall be deemed guilty of extortion, and on conviction shall be fined in any sum not exceeding two hundred dollars.

ART. 1969, Sec. 108. If any justice of the peace or constable of the same township shall, directly or indirectly, purchase any judgment or part thereof on the docket of such justice, or any docket in his possession, he shall, upon conviction thereof, be fined for each offense in any sum not less than one hundred dollars, nor more than one thousand dollars.

ART. 1970, Sec. 109. Every person holding or exercising any office under the laws or constitution of this state, who shall, for any reward or gratuity, paid or agreed to be paid, grant to another the right or authority to discharge any of the duties of such office, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not exceeding five thousand dollars, and shall forfeit his office and be disabled from holding such office; and every person who shall give, or make any agreement to give, any reward or gratuity in consideration of any such grant or deputation, shall, upon conviction, be fined in any sum not exceeding five thousand dollars.

ART. 1971, Sec. 110. If any person shall knowingly send or deliver any letter or writing threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failures, with intent to extort money, goods, chattels, or other valuable things, or threatening to maim, wound, kill, or murder, or to burn or destroy his house or other property, or to accuse another of a crime or misdemeanor, or expose or publish any of his infirmities, though no money, goods, chattels, or valuable thing be demanded, such person so offending shall, on conviction, be fined in a sum not exceeding five hundred dollars, and imprisoned in the county jail not exceeding six months.

ART. 1972, Sec. 111. Every person who shall willfully open or read, or cause to be read, any sealed letter not addressed to himself, without being authorized so to do, either by the writer of such letter or by the person to whom it shall be addressed; and any person who shall maliciously publish the whole or any part of such letter without the authority of the writer thereof, or of the person to whom

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the same shall be addressed, knowing the same to have been opened, shall, upon conviction, be punished by fine not exceeding one thousand dollars.

X.-OFFENSES AGAINST THE PUBLIC PEACE AND TRANQUILLITY.

ART. 1973, Sec. 112. If any person, at late and unusual hours of the night time, shall maliciously and willfully disturb the peace or quiet of any neighborhood or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, every person convicted thereof shall be fined in a sum not exceeding two hundred dollars, or imprisoned in the county jail not more than two months.

ART. 1974, Sec. 113. If two or more persons assemble for the purpose of disturbing the public peace or committing any unlawful act, and do not disperse on being desired or commanded so to do by a judge, justice of the peace, sheriff, coroner, constable, or other public officer, the persons so offending shall, on conviction, be severally fined in any sum not exceeding five hundred dollars, and imprisoned in the county jail not more than six months.

ART. 1975, Sec. 114. If two or more persons shall by agreement fight in a public place, to the terror of the citizens of this state, the persons so offending shall be deemed guilty of an affray, and shall be severally fined in a sum not exceeding two hundred dollars, and imprisoned in the county jail not more than one month.

ART. 1976, Sec. 115. If two or more persons shall assemble together to do an unlawful act, and separate without doing or advancing towards it, such persons shall be deemed guilty of an unlawful assembly, and upon conviction thereof shall be severally fined in a sum not exceeding two hundred dollars, or imprisoned in the county jail not exceeding three months.

ART. 1977, Sec. 116. If two or more persons shall meet to do an unlawful act, upon a common cause of quarrel, and make advances toward it, they shall be deemed guilty of a rout, and on conviction, shall be severally fined in a sum not exceeding five hundred dollars or imprisonment in the county jail not more than six months; and if two or more persons shall actually do an unlawful act of violence, either with or without a common cause or quarrel, or even do a lawful act, in a violent, tumultuous and illegal manner, they shall be deemed guilty of a riot, and upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars each, or by imprisonment in the county jail for any term of time not exceeding six months, or by both such fine and imprisonment.-[Am. April 10, 1855; R. S. St. 1850, 243; C. L. 661.

ART. 1978, Sec. 117. Every person who shall willfully disquiet or disturb any congregation or assembly of people met for religious worship, by making a noise, or by rude or indecent behavior or profane discourse within their place of worship, or so near to the same as to disturb the order or solemnity of the meeting, or menace, threaten, or assault any person there being, shall be deemed guilty of a misdemeanor, and punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding three months.

ART. 1979, Sec. 118. Every person who shall erect or keep a booth, tent, stall, or other contrivance, for the purpose of selling or otherwise disposing of any wine or spirituous or fermented liquors, or any drink of which wine, spirituous or fermented liquors form a part, within one mile of any camp or field meeting for religious worship, during the time of holding such meeting, shall be deemed guilty of a misdemeanor, and punished by fine not exceeding five hundred dollars.

ART. 1980, Sec. 119. If any judge, justice of the peace, sheriff, or other officer, bound to preserve the public peace, shall have knowledge of an intention on the part of any two persons to fight with any deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties and prevent the deed, every such officer shall be fined in a sum not exceeding one thousand dollars.

ART. 1981, Sec. 120. A libel is a malicious defamation, expressed either by printing or by signs or pictures or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural defects of one who is alive, and thereby to expose him or her to public hatred, contempt, or ridicule: every person, whether the writer or the publisher, convicted of the offense, shall be fined in a sum not exceeding five thousand dollars, or imprisonment in the county jail not exceeding one year. In all prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact.

XI.-OFFENSES AGAINST PUBLIC MORALITY, HEALTH AND POLICE.

ART. 1982, Sec. 121. Bigamy consists in the having of two wives or two husbands at one and the same time, knowing that the former husband or wife is still alive. If any person or persons within this state, being married, or who shall hereafter marry, do at any time marry any person or persons, the former husband or wife being alive, the person so offending shall, on conviction thereof, be punished by fine not exceeding one thousand dollars, and be imprisoned in the county jail not more than two years. It shall not be necessary to prove either of the said marriages by the register or certificate thereof, or other record evidence, but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when such second marriage shall have taken place without this state, cohabitation in this state, after such second marriage, shall be deemed the commission of the crime of bigamy. Nothing herein contained shall extend to any person or persons whose husband or wife shall have been continually absent from such person or persons for the space of five years together, prior to the said second marriage, and he or she not knowing such husband or wife to be living within that time. Also, nothing herein contained shall extend to any person that is, or shall be at the time of such second marriage, divorced by lawful authority from the bonds of such former marriage, or to any person where the former marriage hath been, by lawful authority, declared void.

ART. 1983, Sec. 122. If any man or woman, being unmarried, shall knowingly marry the husband or wife of another, such man or woman shall, on conviction, be fined not less than one thousand dollars, or imprisoned in the county jail not more than two years.

ART. 1984, Sec. 123. Persons being within the degrees of consanguinity, within which marriages are declared by law to be incestuous and void, who shall intermarry with each other, or who shall commit fornication or adultery with each other, shall, on conviction, be punished by imprisonment in the state prison not exceeding ten years.

ART. 1985, Sec. 124. If any person shall obstruct or injure, or cause or procure to be obstructed or injured, any public road or highway, or common street or alley of any city, town, or village, or any public bridge or causeway, or public river or stream declared navigable by law, or shall continue such obstruction so as to render the same inconvenient or dangerous to pass, or shall erect or establish any offensive trade, manufacture, or business, or continue the same after it has been ereeted or established, or shall in any wise pollute or obstruct any water-course, lake, pond, marsh, or common sewer, or continue such obstruction or pollution so as to render the same offensive or unwholesome to the county, city, town, village, or neighborhood thereabouts: every person so offending shall, upon conviction, be fined not exceeding one thousand dollars; and every such nuisance may, by order of the court before whom the conviction may take place, or of the district court, be removed and abated by the sheriff of the county.

ART. 1986, Sec. 125. If any person or persons shall knowingly sell any flesh of

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any diseased animal, or other unwholesome provisions, or any poisonous or adulterated drink or liquors, every person so offending shall be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months. ART. 1987, Sec. 126. If any person shall intentionally deface, obliterate, tear down or destroy, in whole or in part, any copy or transcript, or extract from or of any law of the United States, or of this state, or any proclamation, advertisement, or notification, set up at any place in this state by authority of any law of the United States or of this state, or by order of any court, such person, on conviction, shall be fined not more than one hundred dollars nor less than twenty dollars, or be imprisoned in the county jail not more than one month; provided, that this section shall not extend to defacing, tearing down, obliterating, or destroying any law, proclamation, publication, notification, advertisement, or order, after the time for which the same was by law to remain set up shall have expired.

ART. 1988, Sec. 127. If any person shall be found having upon him or her any picklock, crow-key, bit, or other instrument or tool, with intent feloniously to break and enter into any dwelling-house, store, shop, warehouse, or other building containing valuable property, or shall be found in any of the aforesaid buildings with intent to steal any money, goods and chattels, every person so offending shall, on conviction thereof, be imprisoned in the county jail not more than two years; and if any person shall have upon him any pistol, gun, knife, dirk, bludgeon, or other offensive weapon, with intent to assault any person, every such person, on conviction, shall be fined not more than one hundred dollars, or imprisoned in the county jail not more than three months.

ART. 1989, Sec. 128. Every male person above eighteen years of age who shall neglect or refuse to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person or persons against whom there may be issued any process, or by neglecting to aid and assist in retaking any person or persons who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge, or justice of the peace, or other officer concerned in the adminis tration of justice, shall, upon conviction, be fined in any sum not less than fifty nor more than one thousand dollars.

XII.-OFFENSES COMMITTED BY CHEATS, SWINDLERS AND OTHER FRAUDULENT

PERSONS.

ART. 1990, Sec. 129. All and every person who shall be a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance had, made, or contrived, with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or who, being parties as aforesaid, at any time shall wittingly and willingly put in, use, avow, maintain, justify, or defend the same or any of them as true and done, had or made in good faith, or upon good consideration, or shall aliene, assign, or sell any of the lands, tenements, hereditaments, goods, chattels, or other things before-mentioned, to him, her, or them conveyed as aforesaid, or any part thereof, he, she, or they so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars.

ART. 1991, Sec. 130. If any person, by false representations of his own wealth, or mercantile correspondence and connections, shall obtain a credit thereby, and defraud any person or persons of money, goods, chattels, or any valuable thing; or if any person shall cause or procure others to report falsely of his wealth or mercantile character, and by thus imposing upon any person or persons, obtain credit and thereby fraudulently get into the possession of goods, wares, or mer

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