Forcible entry or detainer.

statute, or to mark a boundary fixed by the county surveyor, in the presence and by the acquiescence of the parties interested, without the previous statutory formalities, or to mark a boundary or corner recognized and acquiesced in for a sufficient length of time, but has been erected by a surveyor without notice as required by statute, on the land of one who was not present at the survey and did not consent to it, and set as a corner-stone at another place than that long recognized and used as the corner, the person on whose land it has been placed will not be liable to prosecution for removing such monument. 45 Ind. 468.

SEC. 14. FORCIBLE ENTRY OR DETAINER.

SEC. 12. Every person who shall violently take or keep possession of any lands, with menaces, force, and arms, and without authority of law, shall be deemed guilty of forcible entry, or forcible detainer, as the case may be, and, upon conviction, shall be fined not exceeding one thousand dollars. 2 R. S. 462.

in the year

CHARGE.

That A. B., C. D., and E. F., with divers other persons, to the number of six or more, to the jurors aforesaid unknown, on the day of -, at said county, with menaces, force, and arms, and without authority of law, with pistols, clubs, and staves, and other offensive weapons, unlawfully, violently, forcibly, injuriously, and with a strong hand, did enter into and take possession of a certain dwelling-house, then and there situate, and being then and there in the possession of one G. H., and the said. A. B., C. D., and E. F., together with said other persons, to the jurors aforesaid unknown, as aforesaid, then and there, with menaces and force and arms, and without authority of law, to wit, with pistols, clubs, and staves, and other offensive weapons, unlawfully, violently, forcibly, injuriously, and with a strong hand did eject, remove, and put out the said G. H. from the possession of the said dwelling-house, and the said G. H., so as aforesaid ejected, removed, and put out, then and there violently, with menaces and force and arms, and without authority of law, did keep out, and then and there violently, with menaces and force and arms, and without authority of law, did keep possession of the said dwelling-house, and still do keep possession thereof. Bicknell's Crim. Pr. 411, 412.

Changing inspector's brands.

Indictment-What it may charge.-At common law forcible entry and detainer was an indictable misdemeanor, and under the foregoing statute the defendant, it seems, may be indicted for a forcible entry and detainer, or for either a forcible entry or a forcible detainer; or there may be separate counts in the indictment, one for forcible entry, and the other for forcible detainer. Ibid, 411.

Title to property-Possession.-To sustain an action for forcible entry and detainer, it is not necessary to show legal title to the property, a peaceable possession when the wrong was committed being sufficient. 4 Ind. 516.

Evidence-Assault and battery.-In a criminal prosecution for forcible entry and detainer, the court admitted evidence that the defendant, in forcibly entering, etc., assaulted and beat the party in possession. Held, that the evidence was correctly admitted. Held, also, that the assault and battery was part of the offense charged, and that the punishment therefore necessarily included that for the assault and battery. 7 Ind. 549.

Possession-Title to land.-If a person having possessory title to land, enters by force, and turns out a person who has a naked possession only, he may be indicted for a breach of the peace, but is not liable in trespass to the ousted person; and, on the trial upon the indictment, the title to land does not come in question. Ibid.

SEC. 15. CHANGING INPECTOR'S BRANDS.

SEC. 73. If any person shall alter or erase any brand or mark of any inspector appointed by the proper authority placed on any barrel of salt, flour, beef, pork, or hogshead of tobacco, or other article, authorized by law to be inspected and branded, he shall be fined not exceeding one hundred dollars. 2 R. S 480.

Inspectors, how appointed.-Inspectors of salt, beef, flour, pork, tobacco, and hay, are appointed by the board of county commissioners, to serve four years. 1 R. S. 576. Act June 12, 1852.

CHARGE.

day of, in the year

That A. B., on the at said county, was an inspector of flour within and for said county, duly appointed by the board of commissioners of said county; and that, as such inspector, he, the said A. B., then and there branded one

Using false stamps and labels, etc.

barrel of flour, the property of C. D., with the name and residence of said inspector, and also with the word "fine" on the head of said barrel, the same being then and there authorized by law to be inspected and branded; and the said C. D., afterward, to wit, on the day and year aforesaid, and at the county aforesaid, unlawfully and willfully altered the said brand, by then and there branding upon the head of said barrel, just before the word "fine," so as aforesaid branded by said inspector, the word "super," thereby then and there causing it to appear that the flour contained in said barrel was "superfine." Bicknell's Crim. Pr. 477.

SEC. 16. USING FALSE STAMPS AND LABELS, ETC.

SEC. 1. Every person who shall knowingly and willfully forge or counterfeit, or cause or procure to be forged or countereited, any representation, likeness, similitude, copy, or imitation of the private stamp, wrapper, or label, usually affixed by any mechanic or manufacturer, on or in the sale of any goods, wares, or merchandise, with intent to deceive or defraud the purchaser or manufacturer of any goods, wares, or merchandise whatsoever, upon conviction thereof, shall be punished by imprisonment in the county jail for a term not exceeding six months, or be fined not exceeding one hundred dollars.

SEC. 2. Every person who shall have in his possession any die, plate, engraving, or printed label, stamp, or wrapper, or any representation, likeness, similitude, copy, or imitation of the private stamp, wrapper, or label, usually affixed by any mechanic or manufacturer to, and used by such mechanic or manufacturer on, or in the sale of, any goods, wares, or merchandise, with intent to use or sell the said die, plate, engraving, or printed stamp, label, or wrapper, for the purpose of aiding or assisting, in any way whatever, in vending any goods, wares, or merchandise, in imitation of or intended to resemble and be sold for the goods, wares, and merchandise of such mechanic or manufacturer, shall, upon conviction thereof, be punished by imprisonment in the county jail for a term not exceeding six months, or be fined not exceeding one hundred dollars.

Using false stamps and labels.

SEC. 3. Every person who shall vend any goods, wares, or merchandise, having thereon any forged or counterfeited stamps or labels, imitating, resembling, or purporting to be the stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, and resembling or purporting to be imitations of the stamps or labels of such mechanic or manufacturer, without disclosing the fact to the purchaser, shall, upon conviction, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not exceeding six months, or be fined not exceeding one hundred dollars. 2 R. S. 486, 487. Act February 10, 1853.

CHARGES.

1. Forging or counterfeiting stamps and labels. (Sec. 1.) That A. B., on the day of in the year at said county, was the manufacturer of cotton cloths for sale, and then and there had a certain private label, which he usually affixed upon such cotton cloths so by him manufactured for sale, which said private label was printed, and was in the words and figures following, to wit: [here insert an exact copy of the label]; and one C. D., at said county, on the day and year aforesaid, unlawfully, knowingly, and willfully, did forge and counterfeit a certain representation, likeness, similitude, copy, and imitation of the said private label, which said representation, likeness, similitude, copy, and imitation is in the words and figures following: [here insert an exact copy of the counterfeit], with intent then and there to deceive and defraud the said A. B., manufacturer as aforesaid. Crim. Pr. 475.

Bicknell's

(Sec. 2.)

day of, in the year

at said

and, as such

2. Having in possession dies, plates, etc., of labels, etc. That A. B., on the county, was a mechanic and manufacturer of

mechanic and manufacturer, then and there had a certain private

stamp, which he usually affixed to the

so manufactured by

, upon which said

him, and which he used in the sale of said private stamp were then and there engraved the words and figures following: [here set out a copy of the stamp], and one C. D., on the day and year aforesaid, at the county aforesaid, unlawfully had in his possession a certain die and plate, whereon was engraved a certain representation, likeness, similitude, copy, and imitation of said

Fraudulent sales and brands of flour, etc.

private stamp, with intent then and there to use and sell the said engraved die and plate, for the purpose of aiding and assisting in vending certain other of the said C. D., which were then and

there in imitation of and intended to resemble and be sold for the of the said A. B.; upon which said die and plate were then and there engraved the words and figures following, to wit: [here insert a copy]. Ibid. 475, 476.

(Sec. 3.)

dol

3. Vending goods with false labels, etc. That A. B., on the day of in the year, at said county, unlawfully sold to C. D., for the sum of, to wit, lars, one package of -—, then and there having thereon a certain forged and counterfeit stamp and label, imitating, resembling, and purporting to be an imitation of the stamp and label of one E. F., who was then and there a manufacturer of —, having and using a like stamp and label, which said forged and counterfeit stamp and label was in the words and figures following, to wit: [here insert a description of it]; and the said A. B., when he sold the said package of to the said C D., as aforesaid, to wit, on the day and year aforesaid, and at the county aforesaid, well knew that the said stamp and label thereon was forged and counterfeited, and resembled and purported to be an imitation of the stamp and label of the said E. F., and yet unlawfully did not then and there disclose to the said C. D., the purchaser as aforesaid, the said facts so to him, the said A. B., well known as aforesaid. Ibid. 476, 477.

The evidence upon the indictments under the several sections is the same as in forgery and counterfeiting, which see. Ibid. 477.

SEC. 17. FRAUDULENT SALES AND BRANDS OF FLOUR, ETC.

SEC. 1. Any person engaged in the manufacture of flour, pork, beef, or other articles mentioned in an act regarding inspectors of salt, beef, pork, flour, tobacco, and hay, approved. June 12, A. D. 1852, who shall pack, brand, or sell as full barrels or packages, or who shall cause to be packed, branded, or sold as full barrels or packages, when such barrels or packages do not contain the weights the aforesaid act says they shall contain, such person or persons, on conviction thereof, shall be fined not less than ten nor more than fifty