Failing to bury or burn hogs, etc., dying of cholera, etc. discretion of the court, not exceeding one year, in the jail of the proper county. SEC. 2. This act shall not be construed to prevent the transit of any cattle through this state on the railroads to other states, nor shall it apply to any cattle that shall have been, during all the previous winter, north of the thirty-eight degree of latitude. In all cases, where Texas or Cherokee cattle shall be brought into this state before the first day of October, and after the first day of March, in any year, the legal presumption shall be that such cattle have not been, during all the previous winter, north of the thirty-eight parallel of latitude. Act Feb. 10, 1869, 1 R. S. 67, 68. CHARGE. That A. B., before the 1st day of October, and after the 1st day of April, to wit, on the day of in the year at said county, unlawfully did drive and bring into this state, from the state of, sixty head of Texas cattle [or, Cherokee cattle]. SEC. 23. FAILING TO BURY OR BURN HOGS, ETC., DYING OF CHOLERA, ETC. SEC. 1. In all cases where any hog, shoat, or other domestic animal, shall die of the disease commonly called "hog cholera," or any other disease, it shall be and is hereby made the duty of the owner, or owners, of such hog, shoat, or other domestic animal or the person or persons, having the care and custody of the same, having knowledge of the fact, or upon receiving notice thereof, to cause the carcass of such hog, shoat, or other domestic animal, without unnecessary delay, to be burned, or safely and securely buried. SEC. 2. If any owner, or owners, of any such hog, shoat, or other domestic animals, so dying with disease, or any person, or persons, having the care and custody thereof, having knowledge of the fact, or upon receiving notice thereof, shall fail, neglect, or refuse to comply with the provisions of the first section of this act, he, she, or they, so offending, shall be Allowing diseased sheep to run at large, or selling the same. guilty of a misdemeanor, and, upon conviction thereof, before any tribunal having cognizance of the offense, shall be fined in any sum not less than ten dollars nor more than fifty dollars. Act March 11, 1867, 1 R. S. 68. CHARGE. That A. B., on the day of in the year at said county, being then and there the owner and having the care and custody of a certain hog, which said hog did then and there die of the disease commonly called "hog cholera" [or, if some other disease, name it], and he, the said A. B., then and there having knowl edge of the fact that said hog had died as aforesaid, and having received notice thereof, did then and there unlawfully fail, neglect, and refuse to burn or cause to be burned, or to bury or cause to be buried securely the carcass of the said hog, without unnecessary delay. SEC. 24. ALLOWING DISEASED SHEEP TO RUN AT LARGE, OR SELLING THE SAME. SEC. 1. Any person, being the owner of sheep, or having the same in charge, who shall turn out, or suffer any sheep having any contagious disease, knowing the same to be diseased, to run at large upon any common, highway, or uninclosed ground, or who shall sell any such sheep, knowing the same to be diseased, without fully disclosing the fact to the purchaser, shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than two nor more than twentyfive dollars for each diseased sheep, to be recovered as other penalties for like offenses. Act March 9, 1867, 2 R. S. 71. ་་ CHARGE. day of —, in the year That A. B., on the at said county, being the owner and having in charge a certain sheep, which did then and there have a certain contagious disease, called did then and there unlawfully turn said sheep out of his inclosure at said county, and did then and there unlawfully suffer said sheep to run at large upon the common highway and uninclosed ground, he, the said A. B., then and there well knowing said sheep to be so diseased. Official misconduct and neglect. SEC. 25. OFFICIAL MISCONDUCT AND NEGLECT. SEC. 63. If any officer of this state, by color of his office, shall demand or receive anything of value, which may not be due him; or shall fail to perform any duty within the time and in the manner prescribed by law; or if any member of the board of commissioners of any county shall so fail to perform any duty in the manner and within the time prescribed by law, such person shall be fined not exceeding one thousand dollars, to which may be added imprisonment not exceeding six months. SEC. 62. If any person elected or appointed to an office, or his deputy, shall perform any of the duties of such office, without having taken and subscribed the oath prescribed by law, or before having given and filed the bond required of him, and in the manner prescribed by law, he shall be fined not exceeding one thousand dollars. SEC. 64. Any auditor, clerk, or recorder of a county, who shall, without the consent of the board of commissioners of the county, keep his office, and the books and papers belonging thereto, in any building other than that provided by such board for that purpose, shall be fined not exceeding one hundred dollars. SEC. 65. Any auditor, treasurer, clerk, sheriff, or member of the board of commissioners of a county, who shall purchase or receive in payment any demand against such county for less than the face of such demand, shall be fined not exceeding five hundred dollars. 2 R. S. 477-479. SEC. 35 of the fee and salary bill (1 R. S. 478) provides that: If any of the officers named in this act shall tax any fee, or make any charge for services not by him performed, or shall charge for such services any other fee, or any higher rate than is allowed by this act, any such officer shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than five dollars, to which may be added imprisonment in the county jail for any period not exceeding one year; and any such officer offending a sec Official misconduct and neglect. ond or subsequent time, upon conviction of any such offense, shall forfeit the office by him held and exercised, and rendered incapable of holding any office of trust or profit for such determined period as the court or jury trying the case may fix. SEC. 1. No clerk of any court, notary public, justice of the peace, or any other person authorized to administer oaths, 'shall be allowed to charge any discharged soldier or seaman, or the widow, orphan, or the legal representative of a discharged or deceased soldier or sailor, more than fifteen cents for administering any oath or giving any official certificate for the procuring of any pension, bounty, or back pay. SEC. 2. Any such officer who may accept more than fifteen cents for any such service shall be fined in any sum not less than twenty-five dollars nor more than fifty dollars. Act March 9, 1867, 1 R. S. 477. CHARGES. 1. Against a constable for extortion. That A. B., on the day of in the year at said county, he being then and there one of the constables of the township of —, in said county, did take and arrest one C. D., by color of a certain warrant which the said A. B. then and there alleged to be in his possession; and that the said A. B., afterward, and while the said C. D. so remained in his custody as aforesaid, to wit, on the day and year aforesaid, in the county aforesaid, unlawfully, and by color of his said office, did demand and receive from the said C. D. the sum of fifty cents, as and for a fee due to him, the said A. B., as constable as aforesaid, for obtaining and discharging the said warrant, as he, the said A. B., then and there alleged; whereas, in truth and in fact, the said A. B. then and there had no such warrant, and no fee whatever was then and there due from the said C. D. to the said A. B. as such constable in that behalf. Bicknell's Crim. Pr. 451, 452. day of in the year 2. Against a constable for collecting more than is due. That A. B., on the at said county, he being then and there one of the constables of the township of in said county, received and had in his hands a certain execution to him issued by C. D., then and there one of the justices of the peace within and for said county, and under the 1 Official misconduct and neglect. day of in the hand and seal of said justice, by which said execution the said A. B., as such constable, was commanded to levy and make the sum of fifty dollars, with interest, from the year -, together with five dollars for costs, and all accruing costs, of the goods and chattels of one E. F., to satisfy a judgment then lately recovered before said justice by one G. H. against said E. F., upon which said execution there was due the sum only of sixty-one dollars, on the day and year aforesaid, and at the county aforesaid; yet the said A. B., then and there, unlawfully, and by color of his said office of constable, did demand and receive of the said E. F., as and for the amount then and there due upon said execution, the sum of sixty-five dollars, being four dollars more than was then and there actually duefon said execution. Bicknell's Crim. Pr. 452, 453. day of in the year 3. Against a constable for refusing to convey to prison. That A. B., on the at said county, was one of the constables within and for the township of in said county, and that C. D. was then and there one of the justices of the peace within and for said county, and that E. F., then and there, before said justice, made his complaint in writing, in the words and figures following: [here insert the complaint], and then and there, before said justice, subscribed the same and was duly sworn to the truth thereof, and afterward, to wit, on the day and year aforesaid, and at the county aforesaid, the said G. H., in said complaint named, was duly brought before the justice aforesaid, in the custody of the said A. B., constable as aforesaid, to be examined concerning the offense in said complaint mentioned, and such examination was then and there had before said justice, whereupon and because the said G. H. could not then find sureties for his personal appearance at the next term of the circuit court, to answer for said offense, he, the said justice, then and there made his certain warrant, under his hand and seal, in the words and figures following [here insert the warrant], and the said justice then and there delivered the said warrant to the said A. B., constable as aforesaid, and then and there required and commanded him immediately to convey the said G. H. (who was then and there in custody as aforesaid, before said justice), to the jail of the county of, and to deliver the said G. H. to the keeper thereof, together with the aforesaid warrant; yet the said A. B., constable as aforesaid, then and there having the said G. H. in custody as aforesaid |