2588. False pretense.

An indictment charging the obtaining of money or property by means of false pretenses, must allege that the pretenses were false, and an averment that the defendant "falsely pretended" etc., is not equivalent to an allegation that the pretenses made were false. Woodsmall v. State, 179 Ind. 697, 102 N. E. 130.

[Acts 1913, p. 625. In force March 14, 1913.]

2590d. False statements in advertisements.

This section Revision of 1914 is repealed by section 2, acts 1917, p. 141, in force May 31, 1917. No reference is made in the title to the repeal.

[Acts 1917, p. 141. In force May 31, 1917.]

2590e. False statements in advertisements.-1. That any person, firm, corporation or association who with intent to sell or in any manner dispose of merchandise, securities, service, or anything offered by such person, firm, corporation or association directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto or any interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes directly or indirectly, to be made, published, disseminated, circulated or placed before the public in this state, in a newspaper or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor, and shall be liable to a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense: Provided, however, That the provisions of this act shall not apply to any owner, publisher, printer, agent or employe of a newspaper or other publication, periodical or circular who, in good faith, and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published, or takes part in the publication of such advertisement.

Section 2 of this act repeals the act of 1913 on the same subject, it being section 2590d, Revised Statutes 1914.

[Acts 1915, p. 598. In force April 26, 1915.]

2590f. Soliciting charity, false representations.-1. That any person engaged in practicing or attempting any trick or device to solicit or procure money or anything of value or any person engaged in soliciting, or procuring, attempting to solicit or procure money or anything of value, if falsely pretending or representing himself to be blind, deaf, dumb, without legs or arms, or to be otherwise physically deficient, or to be suffering from any physical defect or infirmity, shall be held a

reasonable time for identification by official information from the county or township where he has legal residence, and he shall be punished upon conviction, by imprisonment in the county jail not less than one (1) month nor more than six (6) months, or by a fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) or by both fine and imprisonment.

This section was numbered 2590e in the Supplement of 1918.

[Acts 1921, p. 134. In force May 31, 1921.]

Any

2590g. Contractors-Notice of indebtedness-Penalty.-1. person, firm or corporation who, as contractor or subcontractor or otherwise, shall have performed labor, supplied services or furnished material or machinery in the construction, reconstruction, erection, repair or remodeling of any building, structure or any other work of any description whatsoever, and who shall accept payment in full for the labor, services, material or machinery so furnished and supplied, and who, at the time of receiving such payment, is indebted to another or others for labor, services, material or machinery used or employed in the construction, reconstruction, erection, repair or remodeling of such building or structure, and who at the time of receiving such payment shall fail or refuse to notify, in writing, the person, firm or corporation from whom such payment was received, of the existence of such outstanding indebtedness, and if the person, firm or corporation from whom such payment was received shall suffer loss thereby, such person, firm or corporation or the responsible officer thereof so accepting such payment shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding one thousand dollars ($1,000) or imprisoned in the Indiana State Farm for not more than one (1) year, or both, such fine and imprisonment in the discretion of the court.

[Acts 1917, p. 558. In force May 31, 1917.]

2609. (2303.) Weights and measures, standard.-697. The avoirdupois weight of beef or pork in each barrel shall be two hundred pounds; and of flour in each barrel, one hundred and ninety-six pounds; of sorghum molasses, eleven pounds per gallon; of maple molasses, eleven pounds per gallon; of hay, straw, ice, coal or coke, two thousand pounds shall be given and taken for a ton. A bushel of the respective articles hereinafter mentioned shall mean the amount of weight, avoirdupois in this section specified as follows: Of wheat, sixty pounds; of oats, thirty-two pounds; of buckwheat, fifty pounds; of popcorn, fifty-six pounds; of cornmeal, fifty pounds; of shelled corn, fifty-six pounds; of corn in the ear until December 1, seventy pounds; corn in the ear after December 1st, sixty-eight pounds; of rye, fifty-six pounds; of barley, forty-eight pounds; of malt rye, thirtyfive pounds; of flax seed, fifty-six pounds; of kaffir corn, fifty-six

pounds; of rough rice, forty-five pounds; of beans, sixty pounds; of cow peas, sixty pounds; of soy soja beans, sixty pounds; of clover seed, sixty pounds; of hemp seed, forty-four pounds; of sorghum seed, fifty pounds; of blue grass seed, fourteen pounds; of orchard grass seed, fourteen pounds; of timothy seed, forty-five pounds; of millet, fifty pounds; of herds-grass seed, forty-five pounds; of rape seed, fifty pounds; of red top grass seed, fourteen pounds; of alfalfa seed, sixty pounds; of peaches, forty-eight pounds; of dried peaches, thirtythree pounds; of apples, forty-eight pounds; of dried apples, twentyfive pounds; of quinces, forty-eight pounds; of pears, fifty pounds; of onions, fifty-seven pounds; of beets, sixty pounds; of carrots, fifty pounds; of parsnips, fifty-five pounds; of turnips, fifty-five pounds; of tomatoes, sixty pounds; of cucumbers, forty-eight pounds; of potatoes, sixty pounds; of sweet potatoes, fifty pounds; of cranberries, thirty-three pounds; of gooseberries, forty pounds; hickory nuts, fifty pounds; of walnuts, fifty pounds; of middlings, coarse, thirty pounds; of bran, twenty pounds; of coal, mineral, eighty pounds; charcoal, twenty pounds; of coke, forty pounds; of coarse salt, fifty pounds; of fine salt, fifty-five pounds. Any person, firm or corporation who buys or sells any of the articles or commodities enumerated in this section, at a measure or fraction thereof differing in the weight from the standard herein prescribed shall be guilty of a misdemeanor and shall, on conviction, for the first offense, be punished by fine of not less than ten dollars nor more than thirty dollars; for the second offense, by a fine of not less than $25.00 nor more than $100.00 and for the third and subsequent offense, by a fine of $100.00 and imprisonment in the county jail for not less than thirty days nor more than ninety days.

This act amends section 2609 of the Revised Statutes of 1914.

[Acts 1915, p. 554. In force April 26, 1915.]

2613a. Rags, paper, sale, fraudulent weight.-1. That any person, firm, co-partnership or corporation engaged in the packing or shipping of rags and paper stock for use in felt making and paper mills, in bales, bundles, boxes or other containers, in this state, who shall knowingly and wilfully pack or ship, or who, in the conduct of such business shall knowingly and wilfully cause to be packed or shipped with the rags in such bales, bundles, boxes or other containers any dead animals, stone, wood, metal, minerals, bone, glass, leather, rubber or manufactured articles in which are used and attached any of the foregoing substances, water or earth, shall be guilty of a misdemeanor.

2613b. Penalty.-2. Any person, firm, co-partnership or corporation guilty of violating any of the provisions of this act shall be

punished by a fine of not less than ten dollars ($10.00) for each offense, or by imprisonment in the county jail for not more than two (2) months, or by both such fine and imprisonment.

ARTICLE 12.-MISCELLANEOUS OFFENSES.

2635. Desertion of wife or children, penalty.

An affidavit under this section including the language "leaving her without reasonable means of support or continuing support" was sufficient to withstand motion to quash or motion in arrest. Kistler v. State, — Ind. —, 129 N. E. 625. There is no fixed standard by which the law undertakes to define what shall constitute "reasonable means of support." Kistler v. State, Ind., 129 N. E. 625.

Where a wife was left by her husband relying on her parents for not more than temporary partial support it affords no defense to an action for desertion under this section. Kistler v. State, Ind. 129 N. E. 625.

[Acts 1915, p. 654. In force April 26, 1915.]

2635a. Parents, support of children, penalty, bond.-2. That the father, or when charged by law with the maintenance thereof, the mother of a child or children, under fourteen years of age, living in this state who being able either by reason of having means or by personal services, labor or earnings, shall wilfully neglect or refuse to provide such child or children with necessary and proper home, care, food and clothing shall be deemed guilty of a felony, and upon conviction be punished by imprisonment in the state prison or reformatory for not more than seven years nor less than one year: Provided, That upon conviction the judge may suspend the sentence and in the order suspending the sentence may require the defendant to pay weekly or otherwise as the court may determine, to the clerk of the court, for the support of the children such sum as the court may deem

necessary: Provided, further, That upon the failure of such parent to comply with said order he or she may be arrested by the sheriff or other officer and a warrant issued on the sworn complaint of a responsible person, or the precipe of the prosecuting attorney, and brought before the court for sentence, whereupon the court shall pass sentence, or further suspend sentence as may be just and proper.

This act amends section 2635a of the Revised Statutes of 1914.

If on the divorce of the parents of children the mother is given the custody of the children, and an order is made that the father contribute to their support, and the mother removes to another county and takes the children with her, a prosecution against the father for failure to provide for such children should be brought in the county where the mother resides. State v. Yocum, 182 Ind. 478, 106 N. E. 705.

The father of infant children is not released from his duty to provide for their support because he is deprived of the custody. State v. Yocum, 182 Ind. 478, 106 N. E. 705.

See note to section 1080.

[Acts 1915, p. 139. In force April 26, 1915.]

2635c. Wife and children, failure to provide for.-1. That every husband who neglects to support his wife and provide her with necessary food, clothing and medical attention, and every person having any boy under the age of sixteen years or any girl under the age of seventeen years depending upon him or her for education or support, who wilfully neglects to furnish necessary food, clothing, shelter and medical attention for his or her child or children, ward or wards, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined any sum not exceeding five hundred ($500) dollars; to which may be added imprisonment in the county jail or workhouse for a period not exceeding six months.

See note to section 1080.

2635d. Decree of court, provisions.-2. Provided: That in any case enumerated in the previous section, the court may render one of the following orders:

1. That after conviction the court shall have power to suspend judgment and release defendant from custody on probation for a period not exceeding two years from date of conviction, on condition that the defendant shall make his or her personal appearance in court whenever ordered to do so within such period, and shall provide and care for such dependent or neglected wife or child in such manner as the court shall order and direct. If the court find at any time during such period that the defendant has violated any of the terms of such order, it may forthwith revoke such order and render judgment against defendant under the original conviction.

2. Before trial, or after conviction or sentence, with the consent of the defendant, the court in its discretion, having regard to the cir