Estray laws.-Toll-gates and ferries.

Such offense consists not merely in the removal of the dead body, but in its removal without the consent of the deceased given in his lifetime, or of his near relatives given since his death. Id. 111.

SEC. 45. ESTRAY LAWS.

SEC. 50. If the taker-up of estray property, shall suffer the same to be taken out of the county for more than three days at a time, or shall convert the same to his own use before the title thereto shall vest in him according to law; or if he, or any officer, shall knowingly and willfully violate any of the provisions of the law regulating the taking up of estrays, such person or such officer shall be fined not exceeding one hundred dollars, or imprisoned not exceeding six months. 2 R. S. 475.

CHARGE.

day of —, in the year

in

That A. B., on the township, at said county, took up an estray horse, the property of C. D., of the value of fifty dollars, and that the said A. B., afterward, on the day of, in the year, at said county, unlawfully converted the said horse to his own use, before the title thereof had vested in him according to law; in that the said A. B. unlawfully failed and neglected to advertise the taking up of said estray horse, in writing, in three of the most public places in said township where said horse was taken up as aforesaid by said A. B. [or, any other act required by law which the defendant omitted to perform].

Indictment must state acts of omission.-An indictment charging a person who has taken up an estray, with not complying with the provisions of the statute on the subject, must state the particular acts which the defendant has omitted to perform. 4 Blackf. 312.

SEC. 46 TOLL-GATES AND FERRIES.

SEC. 23. If any ferry-man, ferry-owner, ferry-keeper, or keeper of a toll-bridge, himself, or by any person in his employment, shall demand or receive any greater fee on account of ferriage or toll than is or may be fixed by law, or by the

Toll-gates and ferries.

proper board doing county business, as the rates of ferriage or toll to be received by such person, or shall fail to cause the bridge or banks of the stream over or upon which the ferry or such bridge may be situate, to be in good condition for the passage of loaded wagons, or shall fail to give all attendance to such ferry or bridge, according to the laws then in force for the regulation of ferries or bridges, upon conviction, he shall be fined not exceeding one hundred dollars, or be imprisoned not exceeding one month. 2 R. S. 466.

SEC. 24. If any person, other than a ferry-keeper, licensed according to law, shall, for reward, or any expectation or promise thereof, set any person over any stream whereon public ferries are established, or shall hire to any person, a boat to be used in ferrying at any place within two miles of such public ferry, such person, so offending, shall be fined not exceeding fifty dollars. Ibid.

A. B. was the keeper of a certain toll-bridge, then and there situate across a certain stream of water called -, and that the said A. B. then and there, as the keeper of said toll-bridge, had a right by law, to demand and receive from every person crossing said toll-bridge on horseback the sum of ten cents only as toll for such crossing, that being one of the rates of toll at that time fixed by law, and by the board doing county buisness in said county; yet the said A. B., on the day and year aforesaid, at the county aforesaid, did unlawfully demand and receive of and from one C. D., who then and there crossed said toll-bridge on horseback, a greater fee as toll for such crossing than was then and there fixed therefor by law and by the board doing county business in said county, towit, the sum of twenty cents. Bicknell's Crim. Pr. 456.

Judicial notice-Sufficiency of information, etc.—Ferries, being established by the county commissioners, and not by direct public enactment of the legislature, their existence, in any particular instance, is a fact to be proved, and can not be judicially noticed by the court. 7 Ind. 645.

Prosecution against A. for hiring a boat, to be used in ferrying persons over a certain stream. Neither the affidavit nor informa

Election laws-Illegal voting, etc.

tion alleged that any public ferries were established on said stream. Held, that the affidavit and information were bad. Ibid.

A. B. was the keeper of a certain toll-bridge then and there situate across a certain stream of water, called -, and then and there, and continually afterward, until the day of the making of this presentment, unlawfully failed and neglected to cause the said bridge, and the banks of the said stream adjacent to said bridge, to be kept in good condition for the passage of loaded wagons, and unlawfully permitted said bridge and banks to be and remain, during all the time aforesaid, so ruinous, decayed, and out of repair, that the people could not safely pass the same with loaded wagons. Bicknell's Crim. Pr. 457.

SEC. 47. ELECTION LAWS-ILLEGAL VOTING, ETC.

SEC. 1. Any person or persons passing from any state into this state, or from any county into another county of this state, or from any township into another township of this state, or from any voting precinct into another voting precinct in this state, and vote, or attempt to vote at any election which may be held therein, such person not being a bona fide resident of such township, or voting precinct, and entitled to vote therein, shall be deemed guilty of a felony.

SEC. 2. Any person aiding, counseling, abetting, hiring, or soliciting any person to come from any state into this state, for the purpose of voting at any election therein, or to pass from any county, to another county, or from any township into another township, or from any voting precinct into another voting precinct of the state, for the purpose of voting therein at any election held therein, such person so solicited, not being a legal voter in such county, township, or precinct, such person so aiding, counseling, abetting, hiring, or soliciting, shall be deemed guilty of a felony.

SEC. 3. Any person voting more than once at any election

Election laws-Illegal voting, etc.

in this state, either at the same precinct or at different precincts, shall be deemed guilty of a felony.

SEC. 4. Any person hiring, buying, or offering to hire, or buy, either himself or by any one else, or furnish any money or other means to be used, or permit his money or other means to be used to hire, buy, or induce any person to vote for any candidate for any office, or any person who shall attempt to induce any person to vote for any candidate by offering any reward or favor, shall be deemed guilty of a felony. 2 R. S. 453; Act March 8, 1873.

SEC. 7. Any person concerned in the commission of any of the acts named in the preceding sections of this act, may be compelled to testify against the others therein concerned: Provided, that such person so compelled to testify, shall not be liable to prosecution in the given case in which he may be compelled to testify, nor any other, the knowledge of which is obtained by such testimony.

SEC. 8. Any person found guilty of a violation of any of the provisions of this act, shall be fined in any sum not exceeding one thousand dollars ($1,000), be imprisoned in the state's prison not less than one, nor more than five years, and be disfranchised for any determinate period. Id. 454.

SEC. 55. If any person shall furnish an elector who can not read the English language, at any election, held pursuant to law, with a ticket which such person shall represent to such elector, as containing a name different from the one printed or written thereon, such person shall be fined not less than ten, nor more than one hundred dollars.

SEC. 56. If any person shall fraudulently cause, or attempt to cause any elector, at any election held pursuant to law in this state, to vote for a person different from the one he intended to vote for, such person shall be fined not less than ten, nor more than one hundred dollars.

SEC. 58. If any inspector, judge, or clerk of an election, shall attempt to induce, by persuasion, menace, or reward, or promise thereof, any elector to vote for any person, the person so offending shall be fined not exceeding one hundred dollars. SEC. 59. Any person, not having the legal qualifications of

Election laws-Illegal voting, etc.

a voter at any election authorized by law, to be held in this state, for any office whatever, who shall vote or offer to vote at such election, shall be fined not less than five, nor more than one hundred dollars.

SEC. 60. If any judge, inspector, clerk, or other officer of an election, shall open or mark by folding or otherwise, any ticket presented by such elector at such election, or attempt to find out the names thereon, or suffer the same to be done by any other person, before such ticket is deposited in the ballotbox, he shall be fined in any sum not exceeding one hundred dollars.

SEC. 61. If any person shall use any threats, menaces, force, or any corrupt means, at or previous to any election held pursuant to the laws of this state, toward any elector, to hinder or deter such elector from voting at such election, or shall directly or indirectly offer any bribe or reward of any kind, to induce any elector to vote contrary to his inclination, or shall on the day of the election give any public treat, or authorize any other person to do so, to obtain votes for any person, the person so offending.shall be fined not exceeeding five hundred dollars, and be incapable of holding any office for two years after conviction thereof. 2 R. S. 475, 476, 477.

SEC. 1. Any inspector or judge of any election held within this state, who shall knowingly and willfully or corruptly, refuse or neglect to receive the vote of any legal voter, at any election held within this state, shall be deemed guilty of a misdemeanor, and on conviction thereof, in any court having jurisdiction of misdemeanors, shall be fined in any sum not less than ten or more than one hundred dollars. (Act December 23, 1858.) 2 R. S. 476. (See Official Misconduct, as to violation of duties bv officers of election.)

CHARGES.

1. Voting in state by non-resident. (Sec. 1.)

That on the day of in the year

*

at said county,

and that A. B.,

an election, duly authorized by law, was held for the election of [here state the officers to be elected, or some of them], then and there recently before having passed from the State of