In a prosecution for seduction under a promise of marriage, it is necessary for the state to prove that the female was of previous good repute for chastity, but such repute need not be proved by the testimony of the person seduced. Hay v. State, 178 Ind. 478, 98 N. E. 712.

Preparations made by the female alleged to have been seduced in contemplation of marriage, can not be proved by the state to corroborate her testimony when such preparations were not made in the presence of or with the knowledge of the defendant. Hay v. State, 178 Ind. 478, 98 N. E. 712.

Under this section the person accused of the crime denounced by this section is not required to show previous unchaste acts of the prosecutrix. Bills v. State, 187 Ind. 721, 119 N. E. 465.

2356a. Procuring female for house of prostitution.

Sufficiency of an affidavit charging a person with enticing a female to a house of ill-fame for the purpose of prostitution, and what is a sufficient description as to the location of the house. Clark v. State, 183 Ind. 159, 108 N. E. 516.

2357. House of ill-fame, keeping, renting.

In charging the letting or permitting a house to be used for the purpose of prostitution, it is sufficient to make the charge in language of the statute. Winegardner v. State, 181 Ind. 525, 104 N. E. 969.

In charging the keeping of a house of ill-fame, it is only necessary to make the charge in the language of the statute. Eley v. State, 183 Ind. 161, 108 N. E. 516.

2364. Sabbath breaking, baseball, necessity.

The acceptance and sending by a telegraph company on Sunday of a message in a case of necessity, does not violate the statute against Sabbath breaking. Western Union Co. v. Fulling, 49 App. 172, 96 N. E. 967.

The phrases "common labor," "works of charity and necessity," as used in the statute against Sabbath breaking are defined, and it is held that a township assessor who performs part of his work on Sunday violates such statute, and that he can not recover pay for work performed on such days. Board of Comrs., 60 App. 14, 110 N. E. 89.

2371.

Stellhorn v.

Houses of ill-fame, associating, gambling houses, visiting.

In charging a person with visiting a gambling house, it is not necessary to allege that such person did not visit such house as physician to treat a patient, as the clause in the statute defining the offense applies only to houses of ill-fame. Christison v. State, 177 Ind. 363, 98 N. E. 113.

In charging the offense of visiting gambling houses it is sufficient to make the charge in the language of the statute defining the offense, and the use of the words "gaming house" is equivalent to the words "gambling house." Frederick, 183 Ind. 509, 109 N. E. 747.

2374. Sodomy.

State v.

In charging the commission of the crime of sodomy it is not necessary to state facts in detail, the language of the statute may be followed. Glover v. State, 179 Ind. 459, 101 N. E. 629.

Perjury may be committed by swearing that a fact is true when the witness believes it to be untrue, although the fact actually existed. Indianapolis Tract. Co. v. Henby, 178 Ind. 239, 97 N. E. 313.

2378. Bribery of public officers.

An affidavit for attempted bribery of a prosecuting attorney, under this section, was held to sufficiently allege that accused knew the person to whom the bribe was offered was the prosecuting attorney when she offered the bribe, even without the aid of section 343a. Robinson v. State, 185 Ind. 119, 113 N. E. 306.

See note to section 2647.

Under this section and section 2647, a conspiracy by prosecuting officer and other officers to solicit bribes, is a crime, as conspirators need not be charged and tried singly under the bribery statutes. Williams v. State, 188 Ind. 283, 123 N. E. 209.

An indictment under this section and section 2647, which is sufficient to enable the court and jury to distinctly understand the issue to be tried and to fully inform defendant of the nature of the charge is not uncertain. Williams v. State, 188 Ind. 283, 123 N. E. 209.

An indictment under section 2647 for conspiring to commit a felony, defined by section 2378 for soliciting bribes from persons conducting various illegal businesses so classified as to bring them within the prohibition of the criminal statute, is not bad for duplicity. Williams v. State, 188 Ind. 283, 123 N. E. 209. Where an indictment charges a conspiracy under section 2647 and also an overt act which is itself felonious under section 2378, a conspiracy is not merged in the felony where defendant is put on trial on the charge of conspiracy only. Williams v. State, 188 Ind. 283, 123 N. E. 209.

An indictment under this secon and section 2647, need not directly allege that the money was property of the persons to be solicited for bribes in view of the well understood meaning of the word "bribe." Williams v. State, 188 Ind. 283, 123 N. E. 209.

If the names of persons soliciting bribes were known or were reasonably ascertainable by a jury, they should have been pleaded. Williams v. State, 188 Ind. 283, 123 N. E. 209.

An indictment, under this section and section 2647, for soliciting bribes by prosecuting attorney need not show overt acts done in pursuance of conspiracy. Williams v. State, 188 Ind. 283, 123 N. E. 209.

Under this section and section 2647, the allegation of an indictment that an attorney had received a certain amount of bribes did not necessarily show that the grand jurors knew the names of those paying bribes or that evidence before them was satisfactory, so that omission to allege their names was not fatal. Williams v. State, 188 Ind. 283, 123 N. E. 209.

Under this section and section 2647, it is unnecessary to allege that conspirators at the time of the conspiracy knew of specific violations or names of persons so engaged and from whom they could solicit bribes. Williams v. State, 188 Ind. 283, 123 N. E. 209.

[Acts 1921, p. 91. In force May 31, 1921.]

2385a. Automobile banditry, penalty.-1. If two or more persons, co-operating and aiding each other therein, shall commit a felony, having at the time on or near the premises where such felony is committed an automobile, motorcycle, aeroplane, or other self-moving conveyance, by the use of which they escape, attempt to escape or intend to escape, or having committed such felony, they seize an automobile, motorcycle, aeroplane, or other self-moving conveyance by the use of which they escape, or attempt to escape, they and each of them shall be guilty of automobile banditry, and upon conviction thereof shall be imprisoned in the state prison for any determinate period not less than ten (10) years nor more than twenty-five (25) years.

2389. Extortion, official negligence.

See note to section 8894.

Until modified, this section included municipal officers, such as patrolmen. Gaughan v. State, 187 Ind. 334, 118 N. E. 565.

[Acts 1919, p. 688. In force May 15, 1919.]

2389a. Public official demanding part pay from his deputy, clerk or employee.-1. Any public official who shall demand from, or shall, directly or indirectly, receive from any deputy or clerk appointed by him, or from any employee employed by him, any part of the compensation provided by law for such deputy, clerk or employee for his or her services as such deputy, clerk or employee, shall be deemed guilty of a felony, and upon conviction shall be imprisoned in the state's prison not less than one year nor more than five years.

[Acts 1917, p. 69. In force May 31, 1917.]

2391a. County attorney or of board of public works practicing.—1. That it shall be unlawful for any attorney employed by the board of commissioners of any county in this state or the board of public works or common council of any city or person acting as county attorney or any member of a firm of attorneys to which such attorney belongs to appear before the said board of county commissioners or the said board of public works or common council, respectively, in the capacity of counsel to represent any client in any manner whatsoever during the time of said employment.

2391b. Penalty.-2. Any person violating this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500).

[Acts July special session 1920, p. 96. In force July 26, 1920.] 2392. Notaries public.-489. Whoever, while holding any lucrative office, acts as a notary public, or whoever, being an officer in any bank, corporation or association possessed of banking powers, or of any trust company or building and loan association, acts as a notary public in the business of such bank, corporation, association, trust company or building and loan association, shall, on conviction, be fined not less than ten dollars nor more than one thousand dollars, to which may be added imprisonment in the county jail for not less than ten days nor more than six months.

This section amends section 2392 Revision of 1914.

See chapter 114, article 29, sections 9531 to 9542e inclusive. 2392a. Acknowledgments legalized.—2. That the acknowledgments of all deeds, mortgages, or other instruments in writing heretofore taken or certified, and which instruments have been recorded in the recorder's office of any county of this state, including acknowledgments of instruments made by any private or other corporation, or to which such corporation was a party, or under which such corporation was a beneficiary, and which have been acknowledged before or certified by any notary public who was at the time of such acknowledgment a certifying stockholder or officer in such corporation, be and the same are hereby declared to be legal and valid official acts of such notaries public, and to entitle such instruments to be recorded anything in the laws of the State of Indiana in regard to acknowledgments to the contrary notwithstanding.

Section 3 of the above act provides that the act took effect from and after its passage.

[Acts 1915, p. 338. In force April 26, 1915.]

2406a. Escape from state farm.-1. That any person sentenced to the Indiana state farm, who shall escape therefrom, or from the custody of the officer conveying such person to said farm, shall be deemed guilty of a felony, and, upon conviction, shall be sentenced to the state prison for a period of not less than two (2) years and not more than five (5) years by the circuit, superior or criminal court of the county where said person escaped. Such escaped person shall be pursued and arrested by the sheriff of said county, in which pursuit and arrest said sheriff shall be assisted by the officers of said farm and all sheriffs and police officers of the state.

ARTICLE 7.-OFFICIAL NEGLIGENCE.

SEC.

SEC.

2423. Officers interested in public con

2425. Bribery of officer, penalty.

tracts.

Any contract by which a member of the board of trustees of a school city is to receive a benefit for work done or supplies furnished to such school city, is void. Noble v. Davison, 177 Ind. 19, 96 N. E. 325.

All contracts made by public officers under which such officers may receive a benefit are void, and can not be enforced. Miller v. Jackson Tp., 178 Ind. 503,

99 N. E. 102; Pipecreek School Tp. v. Hawkins, 49 App. 595, 97 N. E. 936.

A contract made by the board of trustees of a town with secretary of the town's board of health, to care for smallpox patients is not illegal under the statute, but may be contrary to public policy. Town of New Carlisle v. Tullar, 61 App. 230, 110 N. E. 1001.

A contract by a health officer of a town, with the board of health, to treat smallpox patients for a consideration, does not come within the prohibition of this section. Town of New Carlisle v. Tullar, 61 App. 230, 110 N. E. 1001.

[Acts 1919, p. 472. In force May 15, 1919.]

2425. Bribery of officer, penalty.-1. Any person or agent who shall pay or agree to pay any money, bonus, fee, commission, or deliver or give anything of value in any sum to the value of more than two hundred dollars to any state officer, county commissioner, town or township trustee, mayor or common councilman of any city, school trustee, trustee of any civil township or city or town, or any other person holding any lucrative office, or appointment or agency under the Constitution or any law of the State of Indiana, for the purpose of procuring any contract for the construction of any state house, court house, school house, bridge, road, or other public building or public work, or the furnishing of any material or performance of any work for the use of said State, or any county, civil or school township, town or city in this State, over which said official has any authority or jurisdiction or whoever whether in person or by agent or the agent himself, shall obtain any such contract and shall thereafter pay or agree to pay any such person or officer any money, bonus, fee, commission, percentage, reward, drawback, premium, profit, or other thing of value in any sum to the value of over two hundred dollars, on conviction, shall be fined not less than five hundred dollars and not more than five thousand dollars, be imprisoned in the State prison not less than two years nor more than fourteen years and disfranchised and rendered incapable of holding any office of trust, or profit, for any determinate period, and be disfranchised for any determinate period not less than ten years. And that any person or any agent who shall pay or agree to pay any money, bonus, fee, commission or deliver or give anything of value in any sum or value of two hundred dollars or less to any state officer, county commissioner, town or township trustee, mayor or common councilman of any city, school trustee, trustee of any civil township or city or town, or to any other person holding any lucrative office, or appointment or agency under the Con