Where, upon a promise to begin work on the following Monday, the prosecutor makes advances to the defendant, and the latter fails, without proper excuse, to begin work at the time stipulated and is arrested on complaint of the prosecutor on Tuesday, this is a fa ur t beg work within the meaning of the statute. Norman, 110-484.

This statute is not unconstitutional. The offence is not the failure to comply with the contract, but the fraud in making it to obtain advances with intent to cheat and defraud. Norman, 110-484.

Sec. 155. False pretences; obtaining certificate of registration of cattle by. 1891, c. 94.

Every person who shall, by any false representation or pretence, with intent to defraud or cheat, obtain from any club, association, society or company for the improvement of the breed of cattle, horses, sheep, swine, fowls or other domestic animals or birds, a certificate of registration of any animal in the herd register or registers of any such association, society or company, or a transfer of any such registration, upon conviction thereof shall be punished by imprisonment in the county jail for a term not exceeding three months or a fine not exceeding one hundred dollars, or by both such fine and punishment.

Any person who shall, with intent to defraud or cheat, knowingly represents any animal for breeding purposes as being of greater degree of any particular strain of blood than such animal actually possesses, and by such representation obtains from any other person money or other thing of value shall be guilty of a misdemeanor, and upon conviction thereof shall for each offence be punished by a fine of not less than sixty dollars nor more than three hundred dollars or by imprisonment in the county. jail for a term not exceeding six months.

Sec. 156. Marriage license; misrepresentation as to age. 1885, c. 346.

Any person who shall obtain a marriage license for the marriage of persons under lawful age by misrepresentation or false pretences, shall be deemed guilty of a misdemeanor, and upon conviction shall for each offence be fined not exceeding fifty dollars, or imprisoned not exceeding thirty days, or both, at the discretion of the court.

Sec. 157, Unlawful to enter horse, etc., for competition at agricultural fair under assumed name. 1893, c. 387.

SECTION 1. It is hereby made unlawful for any person or persons knowingly to enter or cause to be entered for competition or to compete for any purse, prize, premium, stake or sweepstake offered or given by any agricultural or other society, association or person in this state any horse, mare, gelding, colt or filly under an assumed name or out of its proper class. Any person found

guilty of a violation of the provisions of this section shall be punished by fine of not less than two hundred nor more than one thousand dollars, or imprisonment in the penitentiary for not less than one or more than five years, or both fine and imprisonment, at the discretion of the court.

FELONY.

Sec. 158. Felony, definition of. 1891, c. 205.

A felony is a crime which is or may be punishable by either death or imprisonment in a state prison. Any other crime is a

misdemeanor.

Upon the trial of any indictment the prisoner may be convicted of the crime charged therein or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser degree of the same crime.

The provisions of this act shall not apply to any crime which shall have been committed prior to the ratification of this act.

THE WORD FELONIOUSLY MUST BE USED.-An indictment for a crime punishable by death or imprisonment in the penitentiary which fails to allege that the act was "feloniously" committed, is defective. Skidmore, 109—. In such case, however, it is error to quash the bill, the proper course being to hold the prisoner and permit the solicitor to send another bill. Skidmore, 109-.

Where there are two counts in an indictment, each charging a felony, a general verdict is good without specifying upon which count it was rendered. Carter, 113-639.

The joinder in an indictment of a count for a lesser offence, or for an attempt to commit the same, is mere surplusage. Brown, 113-645.

A defendant charged as principal in an indictment for assault with intent to kill can not be convicted as accessory. Green, 119-899.

FEMALE CONVICTS.

Sec. 159. Female convicts not to be worked on roads or chain gang. 1897, c. 270.

SECTION 1. It shall be unlawful for any court or officer, either judicial, executive or ministerial, to order or require the working of any females on the streets or roads in any group or chain gang in this state, and any officer or person violating the provisions of this act shall be deemed guilty of a misdemeanor.

FENCES.

See STOCK LAW AND FENCES.

FERRIES.

See ROADS.

Sec. 160 (3379).

FISH AND FISHERIES.

Non-residents forbidden to fish for profit in waters of the 1844, c. 40, s. 1. 1876-'7, c. 33.

state; sales, etc. R. C., c. 81, s. 5. 1883, c. 171.

No person shall use or cause to be used, in any of the navigable waters of the state, any weir, hedge, net, or seine, for the purpose of taking fish for sale or exportation, or any tongs or drags for the purpose of taking oysters, unless he shall have resided continuously in the state at least twelve months next preceding the day on which he shall begin to take fish or oysters; nor shall any person assist in using, or be interested in using or causing to be used, in any such waters for the purpose aforesaid, any weir, hedge, net, seine, tongs or drags in the use of which any such non-resident person may have an interest: Provided, Nothing herein shall prevent any person from fishing with seines hauled to the shore at any fishery, the title to which fishery or any interest therein may have been acquired by such person by purchase or inheritance: Provided, further, This section shall not extend to servants employed to fish by any person allowed to fish in the navigable waters of the state: Provided, also, no non-resident of the state shall make any sale, assignment or transfer of any fishery, weir, or other fishing apparatus, or privilege mentioned in said section, to any citizen of the state for the purpose of operating and working said fishery, weir, or other fishing apparatus as aforesaid, under the name and ownership of such citizen, or as the servant or employee of any citizen, and any sale, transfer or assignment not made bona fide and for a full consideration, shall be null and void. Upon affidavit founded

upon information and belief that any non-resident of the state is operating any such fishery, weir, or other fishing apparatus as aforesaid in the waters of the state, under such sale, assignment or transfer as the pretended servant or employee of any citizen of the state, it shall be the duty of the justice of the peace, before whom said affidavit is made, to issue a warrant, against the said non-resident and citizen under whose name said fishery is operated, and upon conviction the said offenders shall be guilty of a misdemeanor, and shall, for every offence, be fined not more than fifty dollars, or imprisoned not more than thirty days. Upon the said trial, the burden of proof shall be on the defendants to prove the bona fides and full consideration of said sale or transfer. Sec. 161 (3380). Penalty therefor. R. C., c. 81, s. 6. 1844. c. 40, s. 2.

Any person who shall violate the preceding section, shall, for every offence, forfeit one hundred dollars; one-half to the use of the person suing for the same, and the other half to the common school fund of the county where the offence is committed.

NON-RESIDENT EMPLOYEE OF RESIDENT.-Non-residents who are bona fide the servants or employees of a resident of this State, and who use their employer's tongs or drags to take oysters for him from the navigable waters of this state, can not be convicted under this section. Conner, 107-931.

Sec. 162 (3384). Right to establish fisheries, prior right; platforms, and penalty for damaging them. 1874-'5, c. 183, ss. 1, 2, 3, 4, 5, 6.

Whenever any person shall acquire title to lands covered by navigable water under the chapter entitled "Entries and Grants, the owner, or person, so acquiring title shall have the right to establish fisheries upon said lands; and whenever the owners of such lands shall improve the same by clearing off and cutting therefrom logs, roots, stumps or other obstructions, so that the said land may be used for the purpose of drawing or hauling nets or seines thereon for the purpose of taking or catching fish, then and in that case the person who makes or causes to be made the said improvements, his heirs and assigns, shall have prior right to the use of the land so improved, in drawing, hauling, drifting or setting nets or seines thereon, and it shall be unlawful for any person, without the consent of such owner, to draw or haul nets or seines upon the land so improved by the owner thereof for the purpose of drawing or hauling nets or seines thereon; and this section shall apply where the owner of such lands shall erect platforms or structures of any kind thereon to be used in fishing with nets and seines; and every person who shall willfully destroy or injure the said platform or structure, or shall interfere with or molest the owner in the use of such lands as aforesaid, or in any

other manner shall violate this section, shall be guilty of a misdemeanor: Provided, this section shall not be so construed as to relieve any person from punishment for the obstruction of navigation.

Sec. 163 (3385). Masters of vessels wantonly injuring seines or nets, penalty on. R. C., c. 81, s. 9. 1848, c. 61, ss. 1, 2.

Any master or other person having the management or control of a vessel or boat of any kind, in the navigable waters of the state, who shall willfully, wantonly, and unnecessarily do injury to any seine or net, which may be lawfully hauled, set or fixed in said waters for the purpose of taking fish, shall forfeit and pay to the owner of such seine or net, or other person injured by such act, one hundred dollars.

FORCIBLE ENTRY AND DETAINER.

See also ENTERING ANOTHER'S LANDS.

Sec. 164 (1028). Forcible entry and detainer. R. C., c. 49, s. 1. 5 Rich. II., c. 8.

No one shall make entry into any lands and tenements, or term for years, but in case where entry is given by law; and in such case, not with strong hands nor with multitude of people, but only in a peaceable and easy manner; and if any man do the contrary, he shall be guilty of a misdemeanor.

WHAT CONSTITUTES THE OFFENCE.-Defendant came to the house of the prosecutrix cursing and swearing and threatening to kill her; she did not forbid him to enter because she was afraid, and she and several others who were in the house all fled on his approach after fastening the door. Defendant kicked down the door and entered, knocked over the furniture and made a great noise: Held, that defendant was guilty of forcible entry. Jacobs, 94-950.

The prosecutor occupied, with his family, a separate and distinct dwelling, several hundred yards from defendant's house, but on defendant's plantation, under a contract by which, for his services as a laborer, he was to have furnished him a dwelling-place and a monthly allowance of meal and meat, as well as the privilege of cultivating a small strip of land for his own benefit. Defendant, by threats and demonstrations of deadly weapons and an array of numbers against which resistance would have been useless, drove the prosecutor out of the house: Held, that the relation of lessor and lessee existed between the parties, and the defendant and those aiding him were guilty of forcible entry. Distinguishing State v. Curtis, 4 D. & B., 222. Smith, 100-466.