trol of any minor child shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor or employ any minor child in or about any assignation house or brothel, or in any place where any obscene, indecent or illegal exhibition takes place, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, mayor, police judge or criminal court shall be fined not less than ten dollars, nor more than one hundred dollars, to which may be added imprisonment not exceeding thirty days.

2242. (E. S. 629.) Begging, etc.-3. Any person having the care, custody or control, lawful or unlawful, of any minor child under the age of eighteen years, who shall apprentice, give away, let out, hire, or otherwise dispose of such minor to any person for the purpose of singing, playing on musical instruments, begging, or for any mendicant business whatever, in the streets, roads or other highways of the state, and whosoever shall take, receive, hire, employ, use or have in custody any such [minor] for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments or begging upon the streets, roads or other highways of the state, or for any mendicant business whatever, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act, shall be fined not less than five dollars nor more than one hundred dollars, to which may be added imprisonment not exceeding thirty days.

2243. (E. S. 630.) Exhibiting in dance house, etc.-4. Any person having the care, custody or control of any minor child under the age of fifteen years, who shall in any manner sell, apprentice, give away, or permit such child to sing, dance, act, or in any manner exhibit in any dance house whatever, or in any concert saloon, theater, or place of entertainment where wines or spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected by any passage way or entrance, or any proprietor of any dance house whatever, or the proprietor of any such concert saloon, theater or place of entertainment so employing any such child, shall be guilty of a misdemeanor, and upon conviction thereof, in the manner provided in the first section of this act, shall be fined not less than ten dollars nor more than one hundred dollars for each offense, to which may be added imprisonment not exceeding thirty days.

2244. (E. S. 631.) Hiring for underground work.-5. Any person who shall take, receive, hire or employ any child under twelve years of age in any underground works, or mines, or like place whatsoever, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act, shall be fined not less than five dollars nor more than fifty dollars.

2245. (E. S. 632.) Affidavit-Warrant-Arrest.-6. Whenever any person shall, before a mayor, police judge or justice of the peace, make oath or affirmation that the affiant believes that this act has been or is being violated in any place or house, such mayor or police judge or justice shall forthwith issue a warrant to a constable, policeman or other authorized officer to enter such place or house and investigate the same, and such person may arrest, or cause to be arrested, all offenders and bring them before the court, issuing such warrant for a hearing of the case; and it shall be the duty of all constables and policemen to aid him in bringing all such offenders before said authorities for a hearing.

[Acts 1891, p. 331. In force March 6, 1891.]

2246. Seats for females.-1. That every person or corporation employing women or girls in any business in this state shall provide suitable seats for the use of said employes so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for the performance of which they are so employed.

(As amended, Acts 1893, p. 360. In force May 18, 1893.)

2247. Penalty.-2. Any person or persons, or any corporation violating any of the provisions of this act, shall be punished by a fine of not less than ten dollars nor more than thirty dollars for each of fense. And it is made the duties of the prosecuting attorneys of the state to enforce the provisions of this act.

Sections 2126 and 2127, R. S. 1881, relative to preventing persons from work by threats or intimidation, and the preventing of the operation of railroads by employes, were repealed by act of 1889, Acts 1889, p. 339, Ell. Supp., section 357.

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

2248. (2128.) Disclosing contents of telegram.-218. Whoever, being an operator, clerk, servant, or messenger of any telegraph company, discloses the contents of any dispatch or message sent or received from any office of such company, except to a court of justice or to a person authorized to know the same, shall be fined not more than five hundred dollars nor less than ten dollars.

[Acts 1883, p. 9. In force June 5, 1883.]

2249. (E. S. 364.) Telephone disclosure.-1. That any operator, clerk, servant, messenger or employe of any telephone company doing business in this state who discloses the contents of any dispatch or message, or any conversation had between persons while using the line of any telephone company, except to a court of justice or to a person entitled to know the same, shall be fined not more than five hundred dollars nor less than ten dollars.

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

2250. (2129.) Promoting divorces.-219. Whoever advertises, prints, publishes, distributes or circulates, or causes to be advertised,

printed, published, distributed or circulated, any pamphlet, circular, card, hand-bill, advertisement, printed paper, book, newspaper, or notice of any kind, advertising or calling attention to the procuring of divorces, either in this state or elsewhere, shall be fined not more than one hundred dollars nor less than ten dollars. But nothing in this section shall be construed to apply to the printing or publishing of a notice or advertisement required or authorized by the laws or courts of this state.

2251. (2130.) False labels of weights.-220. Whoever packs, brands or sells, or causes to be packed, branded or sold, any salt, beef, pork, flour, tobacco or hay, in barrels or packages, as full barrels or packages, when such barrels or packages do not contain the weight which, by law, they are required to contain, shall be fined not more than one hundred dollars nor less than ten dollars.

2252. (2131.) Altering inspector's marks.-221. Whoever alters or erases any brand or mark of any inspector appointed by proper authority, placed on any barrel of salt, flour, beef, pork or hogshead of tobacco, or other article authorized by law to be inspected and branded, shall be fined not more than one hundred dollars nor less than five dollars.

2253. (2132.) Bringing pauper into state.-222. Whoever knowingly brings within this state a pauper, with the intention of making him or her a charge upon any of the counties of this state, shall be fined not more than one hundred dollars nor less than ten dollars.

2254. (2133.) Deserting wife or child.-223. Whoever, without cause, deserts his wife, child or children, and leaves such wife or her child or children a charge upon any of the counties of this state, or without provision for comfortable support, shall be fined not more than one hundred dollars nor less than ten dollars.

When a wife and children have a means of support, whether in their own right, or furnished by the husband, he is not criminally liable for deserting them. State v. Rice, 106 Ind. 139.

2255. (2134.) Vagrancy.-224. Any person, male or female, over the age of fourteen years, and physically able to perform manual labor, who has not made resonable effort to procure employment, or who has refused to labor for compensation when labor is offered, who is found in a state of vagrancy or practicing common begging, shall be fined not more than fifty dollars nor less than five dollars.

This section is constitutional. State v. Newton, 59 Ind. 173.

As to what constitutes a sufficient charge for a violation of this section, see State v. Cummins, 78 Ind. 251.

2256. (2135.) Tramps.-225. Whoever, except a female, or blind person or cripple, not being in the county in which he usually lives or has his home, is found going about begging and asking subsistence by charity, shall be taken and deemed to be a tramp. Any tramp who enters a dwelling-house, or inclosure or yard about a dwelling-house, against the will or without the permission of the owner or occupant

thereof; or does not, when requested, immediately leave such place; or does or threatens to do any injury to the person or real or personal property of another,-shall be fined not more than fifty dollars nor

less than five dollars.

2257. (2136.) Amalgamation.-226. No person having one-eighth part or more of negro blood shall be permitted to marry any white woman of this state; nor shall any white man be permitted to marry any negro woman or any woman having one-eighth part or more of negro blood. And every person who shall knowingly marry in viola tion of the provisions of this section shall, upon conviction thereof, be fined not more than one thousand dollars nor less than one hundred dollars, and imprisoned in the state prison not more than ten years nor less than one year.

This section has not been abrogated by the amendments to the constitution of the United States. State v. Gibson, 36 Ind. 389.

2258. (2137.) Counseling amalgamation.-227. Whoever knowingly counsels or assists in any manner in any marriage between any person having one-eighth part or more of negro blood and any white person, shall be fined not more than one thousand dollars nor less than one hundred dollars.

2259. (2138.) Swindling underwriter.-228. Whoever presents or causes to be presented any false and fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss by fire or death; or who shall prepare, make, or subscribe any account, certificate, survey, affidavit, proof of loss, or other book, paper, or writing, with intent to present or use the same, or allow it to be presented or used, in support of any such claim,— shall, upon conviction thereof, be imprisoned in the state prison not more than three years nor less than one year, or by a fine not more than one thousand dollars, or both.

In civil actions witnesses can not be compelled to answer questions which would tend to criminate them under this section, but may be compelled to answer questions that will only tend to disgrace them. South Bend v. Hardy, 98 Ind. 577.

2260. (2139.) Conspiracy.-229. Any person or persons who shall unite or combine with any other person or persons for the purpose of committing a felony; or any person or persons who shall knowingly unite with any other person or persons, or body or association or combination of persons, whose object is the commission of a felony or felonies, shall, upon conviction thereof, be fined in any sum not more than five thousand dollars nor less than twenty-five dollars, and imprisoned in the state prison not more than fourteen years nor less than two years.

See section 2065.

An indictment under this section must specify the particular felony intended to be committed, and should describe the same as particularly as an indictment for such crime should describe the same. Landringham v. State, 49 Ind. 186; State v. MeKinstry, 50 Ind. 465; Scudder v. State, 62 Ind. 13; Miller v. State, 79 Ind. 198; Smith e. State, 93 Ind. 67.

In charging a conspiracy to defraud the citizens of a community generally, by means of false pretenses and representations, the names of such citizens need not be stated. McKee v. State, 111 Ind. 378.

An indictment lies for conspiring to bribe an officer in the performance of an official duty. Schircliff v. State, 96 Ind. 369.

It is not necessary that any overt act should be committed in order to constitute the offense. Landringham v. State, 49 Ind. 186.

A conspiracy to commit a crime may be proven by circumstantial evidence. Archer v. State, 106 Ind. 426; McKee v. State, 111 Ind. 378.

After the formation of the conspiracy, every act done by the conspirators to carry out the same is a renewal of the original conspiracy. McKee v. State, 111 Ind. 378. An agent of the conspirators employed to carry out their designs may testify as to representations made by him in the absence of the conspirators. McKee v. State, 111 Ind. 378.

After proof of the formation of a conspiracy, then all the acts and declarations of the conspirators, relating to the matter, are admissible as evidence against each of them. Card v. State, 109 Ind. 415; Reinhold v. State, 130 Ind. 467.

The court in ruling upon the admissibility of evidence should not express an opinion in the presence of the jury that a conspiracy had been shown. Reinhold v. State, 130 Ind. 467.

2261. (2140.) Malicious prosecution.-230. If any person shall maliciously, without probable cause, attempt to cause an indictment to be found, or other prosecution for any crime or misdemeanor to be commenced against any person, or if two or more persons shall conspire together for that purpose, the person so sought to be indicted or otherwise prosecuted, being innocent, such person or persons so offending shall be fined not more than one thousand dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days.

This section applies only to attempts to cause prosecutions to be commenced, and not to cases where the actions are commenced. Ziegler v. Powell, 54 Ind. 173.

2262. (2141.) Failing to keep light on drawbridge.-231. Whoever maintains any drawbridge across any navigable stream in this state, during the season of the navigation of such stream, without placing at night a light on each side of the draw or passway of such bridge, shall be fined not more than one hundred dollars nor less than ten dollars.

2263. (2142.) Obstructing navigable stream.-232. Whoever erects, maintains, or continues any artificial obstruction in or across the bed or channel of any navigable stream, the bed or channel whereof may not have been surveyed and sold as land by the United States, shall be fined not more than five hundred dollars nor less than five dollars for each week such artificial obstruction may have been maintained or continued.

This section is constitutional. Cox v. State, 3 Blkf. 193.

The indictment must allege that the bed of the stream has not been surveyed or sold by the United States, and the name of the stream and place of obstruction should be stated. Cox v. State, 3 Blkf. 193.

A stream is only considered navigable in a legal sense when it is useful to the public as a channel of travel or commerce. Neaderhouser v. State, 28 Ind. 257.