authorized inspector of grain who shall be guilty of neglect of duty; or who shall knowingly or carelessly inspect or grade any grain improperly, or who shall accept any money or other consideration, directly or indirectly, for any neglect of duty, or the improper performance of any duty as such inspector of grain; or any person who shall improperly influence any inspector of grain in the performance of his duties as such inspector, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in a sum of not less than one hundred dollars nor more than one thousand dollars, at the discretion of the court or jury trying the cause, or shall be imprisoned in the county jail not less than three nor more than twelve months, at the discretion. of the court or jury trying the cause.

See sections 8717 and 8718.

[Acts 1883, p. 81. In force June 5, 1883.]

2152. (E. S. 339.) Sale of examination questions.-1. Whosoever shall sell, barter or give away to applicants for license, or to any other person, the questions prepared by the state board of education, to be used by county superintendents in the examination of teachers, or in any way dispose of said questions contrary to the rules prescribed by said state board of education, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not less than ten nor more than two hundred dollars.

[2 R. S. 1852, p. 424. In force May 6, 1853.]

2153. (2065.) Public nuisance.-8. Every person who shall erect, or continue and maintain, any public nuisance, to the injury of any part of the citizens of this state, shall be fined not exceeding one hundred dollars.

See sections 1928, 2193.

An indictment for a nuisance on account of disorderly conduct in connection with carrying on a business must show that some of the people of the state were disturbed by such conduct. Mains v. State, 42 Ind. 327; Moses v. State, 58 Ind. 185; State v. Houck, 73 Ind. 37.

The particular location of a nuisance need not be alleged, nor need the names of the persons whose premises are near thereto be stated. Droneberger v. State, 112 Ind.

Disorderly houses may constitute a public nuisance. State v. Bertheol, 6 Blkf. 474;

Bloom huff v. State, 8 Blkf. 205; Garrison v. State, 14 Ind. 287; Joseph v. State, 42 Ind. 370.

Anything offensive to the sight, smell or hearing, erected or carried on in a public place where people dwell or pass, or have a right to pass, to their annoyance, is a public nuisance. Hackney v. State, 8 Ind. 494; Moses v. State, 58 Ind. 185; Dennis . State, 91 Ind. 291.

If a lawful business is carried on in such a manner as to materially interfere with the comfort, peace or free use of property of any number of the inhabitants of the state, it is a public nuisance. Moses v. State, 58 Ind. 185; Dennis v. State, 91 Ind. 291; Mergentheim v. State, 107 Ind. 567; Reichert v. Geers, 98 Ind. 73.

The obstruction of a public highway is a public nuisance. State v. Phipps, 4 Ind. 515; State v. Berdetta, 73 Ind. 185; State v. Railway Co., 86 Ind. 114; Bybee v. State, 94 Ind. 443.

The statute defining a public nuisance is sufficiently definite. State v. Berdetta, 73 Ind. 185; Burk v. State, 27 Ind. 430.

The location of a nuisance must be proven as charged in the indictment. Wertz ». State, 42 Ind. 161; Dennis v. State, 91 Ind. 291; Droneberger v. State, 112 Ind. 105. The erection of a certain class of buildings in certain localities in populous cities may constitute a public nuisance. Baumgartner v. Hasty, 100 Ind. 575.

The legislature has power to declare that a place where intoxicating liquors are sold contrary to law is a public nuisance. McLaughlin v. State, 45 Ind. 338.

[1881 S., p. 174. In force September 19, 1881.]

2154. (2066.) Public nuisance.-157. Whoever erects, continues, uses or maintains any building, structure, or place for the exercise of any trade, employment, or business, or for the keeping or feeding of any animal, which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or the public; or causes or suffers any offal, filth or noisome substance to be collected or to remain in any place, to the damage or prejudice of others or the public; or obstructs or impedes, without legal authority, the passage of any navigable river, harbor or collection of waters; or unlawfully diverts any stream of water from its natural course or state, to the injury of others; or obstructs or encumbers, by fences, buildings, structures, or otherwise, any public grounds; or erects, continues, or maintains any obstruction to the full use of property, so as to injure the property of another or essentially to interfere with the comfortable enjoyment of life, shall be fined not more than five hundred dollars nor less than ten dollars: Provided, That nothing in this section shall prevent the board of trustees of towns and the common councils of cities, from enacting and enforcing such ordinances within their respective corporate limits as they may deem necessary to protect the public health and comfort.

See section 1928.

The same person may be charged in the same count of an indictment with doing at the same time any number of the acts specified in this section without such count being bad for duplicity. Mergentheim v. State, 107 Ind. 567.

But separate and distinct offenses can not be charged in the same count. Knopf *. State, 84 Ind. 316; State v. Weil, 89 Ind. 286.

An indictment under this section need not negative the proviso therein. Mergentheim v. State, 107 Ind. 567.

Persons creating a public nuisance by discharging offensive matter from mills or other places of business, are not relieved from liability on the ground that the city where the business was carried on failed to furnish sufficient drainage to carry off the offensive matter. Mergentheim v. State, 107 Ind. 567.

Acts done in pursuance of a statute authorizing the same can not be treated as a public nuisance. Neaderhouser v. State, 28 Ind. 257.

2155. (2067.) Creating stagnant water.-158. Whoever builds, erects, continues, or keeps up any dam or other obstruction to any stream of water, and thereby produces stagnant water which is manifestly injurious to the public health and safety, shall be fined not more than five hundred dollars nor less than ten dollars.

A reasonably specific description of the location of the dam or obstruction should be given in the indictment. Wood v. State, 5 Ind. 433.

The erection or maintenance of dams or obstructions in pursuance of legal authority can not be treated as public nuisances. Butler v. State, 6 Ind. 165; Neaderhouser v. State, 28 Ind. 257.

2156. (2068.) Nuisance by dead animals.-159. Whoever puts the carcass of any dead animal, or the offal from any slaughter-house or butcher's establishment, packing-house or fish-house, or any spoiled meats or spoiled fish, or any putrid animal substance, or the contents of any privy vault, upon or into any river, pond, canal, lake, public ground, market-place, common, field, meadow, lot, road, street, or alley; and whoever, being the owner or occupant of any such place, knowingly permits any such thing to remain therein to the annoyance and injury of any of the citizens of this state, or neglects or refuses to remove or abate the nuisance occasioned thereby, within twenty-four hours after knowledge of the existence of such nuisance upon any of the above described premises owned or occupied by him, or after notice thereof, in writing, from any health officer of the city or the trustee of the township in which such nuisance exists,-shall be fined not more than one hundred dollars nor less than one dollar.

If the same count in an indictment charges a violation of this section, and also other sections defining a nuisance, the count will be bad for duplicity. Knopf v. State, 84 Ind. 316; State v. Weil, 89 Ind. 286.

2157. (2069.) Selling unwholesome provisions.-160. Whoever knowingly sells, or has in his possession with intent to sell, or exposes for sale, any kind of diseased or corrupted or unwholesome provisions, whether for meat or drink; or whoever knowingly sells or exposes for sale any article or substance intended to be eaten or drunk, and shall, by label or in any other way, represent to be other than what it is; or kills, for the purposes of sale, any calf less than four weeks old; or sells, or has in his possession with intent to sell, the meat of any calf which he knows to have been killed when less than four weeks old,shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days

[Acts 1883, p. 78. In force March 3, 1883.]

2158 (E. S. 306.) Oleomargerine-Sale of.-1. Whoever sells or

has in his possession, with the intent to sell, or expose for sale, or whoever keeps on any table at any hotel, or at any public or private boarding-house, any butter other than that made from pure milk, without first labeling the same in large letters Oleomargerine, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not more than fifty dollars nor less than ten dollars.

[Acts 1889, p. 123. In force May 10, 1889.]

2159. (E. S. 308.) Adulterated vinegar.-1. Every person who manufactures for sale, or offers or exposes for sale, as cider vinegar, any vinegar not the legitimate product of pure apple juice, known as apple cider or vinegar, not made exclusively of said apple cider or vinegar, into which any foreign substances, ingredients, drugs or acids have been introduced, shall be guilty of a misdemeanor, and for each such offense shall be punished by fine of not less than twenty-five nor more than one hundred dollars.

2160. (E. S. 309.) Injurious ingredients.-2. Every person who manufactures for sale, sells or offers or exposes for sale, any vinegar found to contain any preparation of lead, copper, sulphuric acid or other ingredients injurious to health, shall be guilty of a misdemeanor, and for each such offense shall be punished by fine of not less than ten dollars nor more than one hundred dollars.

2161. (E. S. 310.) Selling or having in possession.-3. No person shall, by himself, his servant or agent, or as the servant or agent of any other person, sell, exchange, deliver or have in his custody or · possession with intent to sell or exchange or expose or offer for sale or exchange any adulterated vinegar, or label, brand or sell as cider vinegar any vinegar not the legitimate product of pure apple juice, or not made exclusively from apple cider, and such acts are declared to be a misdemeanor, and the person so offending shall for each such offense be punished by fine of not less than ten nor more than one hundred dollars.

2162. (E. S. 311.) Coloring-What deemed adulteration.-4. All vinegars shall be without artificial coloring matter, and shall have an acidity equivalent to the presence of not less than four per cent., by weight, of absolute acetic acid, and in the case of cider vinegar shall contain in addition not less than two per cent. by weight of cider vinegar solids upon full evaporation over boiling water, and if any vinegar contains any artificial coloring matter or less than the above amount of acidity, or in the case of cider vinegar, if it contains less than the above amount of acidity or of cider vinegar solids, it shall be deemed to be adulterated within the meaning of this act. All vinegars not cider or fruit vinegars shall be without artificial coloring, nor shall they be mixed with cider or fruit vinegars or in any manner changed to imitate a cider or fruit vinegar.

2163. (E. S. 312.) Brand.-5. Every person making or manufac turing cider vinegar who is not a domestic manufacturer of cider vin egar, shall brand on each head of the cask, barrel or keg containing such vinegar, the name and residence of the manufacturer, the date

when same was manufactured and the words "cider vinegar." And no vinegar shall be branded "fruit vinegar" unless the same be made wholly from apples, grapes or other fruit. Whoever violates any of the provisions of this section shall be fined for each such offense not less than ten dollars.

[1881 S., p. 174. In force September 19, 1881.]

2164. (2070.) Selling diseased animals.-161. Whoever kills, for the purpose of sale, any sick, diseased or injured animal; or who sells, or has in his possession with the intent to sell, the meat of any such sick or diseased or injured animal, shall be fined not more than five hundred dollars nor less than fifty dollars, to which may be added imprisonment in the county jail not more than six months.

In 1889 an act was passed (Acts 1889, p. 150, Ell. Supp., section 359) making it unlawful to slaughter animals in this state for consumption until after the same was inspected by a duly appointed inspector, but such act was declared unconstitutional in the cases of the State v. Klein, 126 Ind. 68, and Hoffman v. Harvey, 128 Ind. 600.

To constitute an offense in the sale of meat of diseased animals, or in having the same with intent to sell, the sale, or intended sale, must be for food, and the defendant must have knowledge of the bad quality of the meat. Schmidt v. State, 78 Ind. 41.

2165. (2071.) Selling unwholesome milk.-162. Whoever shall knowingly sell to any person or persons, or sells or delivers or brings to be manufactured to any cheese or butter manufactory in this state, any milk diluted with water or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as "skimmed milk;" or shall keep back any part of the milk known as "strippings" with intent to defraud; or shall knowingly sell milk, the product of a sick or diseased or injured animal or animals, or any milk produced from any cow fed upon the refuse of any distillery or brewery, or upon any substance deleterious to the quality of the milk; or shall knowingly use any poisonous or any deleterious material in the manufacture of any cheese or butter, or shall knowingly sell or offer to sell any cheese or butter in the manufacture of which any poisonous or deleterious substance has been used, shall be fined not more than five hundred dollars nor less than fifty dollars.

2166. (2072.) Adulterating native wine.-163. Whoever adulterates any wine made or juice expressed from grapes, by mixing therewith any drugs, chemicals, cider, whisky, or other liquor; and whoever sells or offers to sell any such adulterated wine or grape-juice, knowing the same to be adulterated,-shall be fined in any sum not more than one hundred dollars nor less than ten dollars.

2167. (2073.) Adulterating liquors.-164. Whoever adulterates any spirituous, malt, or other intoxicating liquor by the admixture of any deleterious substance therewith, or knowingly sells or offers for sale any such liquors which have been so adulterated, shall be fined in any sum not more than one hundred dollars nor less than ten dollars.