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bridge to become ruinous, must set forth how he became subject to the duty of making repairs. King, 25 (3 Ired.), 411.

A proprietor of a mill who cuts a canal across a public road, whereby the passage along the highway is obstructed, and those who are in possession of the mill, claiming under him and using the canal, are liable to an indictment for such obstruction, the one for creating and the other for continuing the nuisance. But if a bridge is erected over a canal aiready cut neither is indictable for simply suffering the bridge to be out of repair. Yarrell, 34 (12 Ired.), 130.

Sec. 425 (1087). Mills, the destruction or obstruction of dams, canals or water-channels, connected with a mill, factory or macnine-works, indictable. 1866, c. 48.

Any person who shall cut away, destroy or otherwise injure any dam, or part thereof, or shall obstruct or damage any race, canal or water-channel erected, opened, used, or constructed, for the pu pose of furnishing water for the operations of any mill, factory or machine-works, or for the escape of water therefrom, shall be liable to be indicted in the county in which the offence shall have been committed; and upon conviction shall be fined or imprisoned, or both, at the discretion of the court, and shall also be liable to an action in said court for damages, by the person or company thus injured.

Where a grantor of land reserves the right to back water upon it from his milldam, the mere cultivation of the soil by the grantee is not an act of possession adverse to the owner of the easement. Suttle, 115—784.

Where a grantor of land reserves an easement and subsequent conveyances do not mention such reservation, the easement is not affected by such omission. Suttle, 115-784.

The rights to an easement may be acquired or lost by an adverse user, out in either case the user must be of such a nature as to expose the claimant under it to an action at any time for twenty years. Suttle, 115-784.

Section 1 of chapter 173, Acts of 1895 which applies only to certain counties, makes it unlawful "to sell or purchase mill logs in quantities of 1,000 feet or more without their being inspected and measured by a sworn inspector," while section 6 provides that "no mill owner or his employee shall have or cause to have mill logs cut by the 1,000 feet without their being inspected and measured by a sworn inspector." The only penalty prescribed for a violation of the act is in section 8 which provides that "any violation of this act either by seller or purchaser shall be fined not less than $20 nor more than $40 for each offence, at the discretion of the court": Held, (1) that the penalty prescribed by the act applies only to the offence forbidden by section 1, of which a justice has jurisdiction; (2) that as no penalty is prescribed for the violation of section 6 it is a misdemeanor unlimited as to its punishment, and, therefore, not within the jurisdiction of a justice of the peace. Addington, 121–538.

The term "mill logs" or "saw logs" does not include "standing tiraber" within the meaning of section 1, chapter 173, laws of 1895. Addington. 121-538.

Sec. 426 (1848). Measures to be kept. R. C., c. 71, s. 7. 1777, c. 121, s. 11. 1885, c. 202.

All millers shall keep in their mills the following measures, namely, a half-bushel and peck of full measure, and also proper toll-dishes for each measure; and every owner, by himself or servant, keeping any mill, who shall keep any false toll-dishes, contrary to the true intent and meaning of this chapter, shall be guilty of a misdemeanor. It shall be lawful for any miller to take toll either by weight or measure at the option of the customer and miller: Provided, that in no case shall more toll be taken than is now allowed by law.

EVIDENCE.-Evidence that a mill owner kept a measure containing oneseventh, and another one-sixth of a half-bushel, with which he openly took toll of all customers, is sufficient to support an indictment for taking more toll than he had a right to take. Perry, 50 (5 Jones), 252.

INDICTMENT.—An allegation that the mill was one where a false tolldish was used to exact more toll than was lawful is a sufficient averment that the mill was one used for grinding wheat and corn, though that fact must appear in some way with sufficient certainty. Perry, 50 (5 Jones), 252.

MILITARY COMPANIES.

Sec. 427. Military companies must be legally organized.

1885, c. 349.

It shall be unlawful for any persons to organize a military conpany, or drill or parade under arms as a military body, except under the militia laws and regulations of this state; and no persons shall exercise or attempt to exercise the power or authority of a military officer in this state unless he holds a commission from the Governor; and any person offending against this act shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned at the discretion of the court.

MINORS.

See also INFANTS.

Sec. 428. Minors, enticing from state, misdemeanr. 1891, c. 45.

Any person who shall employ and carry beyond the limits of this state any minor, or who shall induce any minor to go beyond the

limits of this state for the purpose of employment without the consent in writing, duly authenticated, of the parent, guardian or other person having authority over such minor shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred and not more than one thousand dollars for each offence.

The fact of the employment and going out of the state of the minor, or of the going out of the state by the minor, at the solicitation of the person for the purpose of employment, shall be prima facie evidence of knowledge that the person employed or solicited to go beyond the limits of the state is a minor.

Sec. 429. Exposure of children to fire. 1893, c. 12.

SECTION 1. It shall be unlawful for any person or persons in this state to leave any child or children, of the age of seven years or less, locked or otherwise confined in any dwelling, building or enclosure, and go away from said dwelling, building or enclosure, without leaving in charge of the same some person or persons of the age of discretion, so as to expose said child or children to danger by fire, and any person or persons so offending shall be guilty of a misdemeanor, and shall be punished at the discretion of the court. Sec. 430. Unlawful to sell deadly weapons to minors. 1893, c. 514.

SECTION 1. It shall be unlawful for any person, corporation or firm knowingly to sell or offer for sale, give or in any way dispose of to a minor any pistol or pistol cartridge, brass knucks, bowie knife, dirk, loaded cane, or sling-shot.

SEC. 2. Any person, corporation or firm violating this act shall be guilty of a misdemeanor, and upon conviction for each and every offence shall be fined or imprisoned, one or both, in the discretion of the court.

Sec. 431. Manufacturer refusing to pay minor for labor on raw material guilty of misdemeanor. 1893, c. 309.

SECTION 1. Whenever any person having a contract with any corporation, company or person for the manufacture or change of any raw material by the piece or pound shall hire and employ any minor to assist in said work upon the faith of and by the color of said contract and with intent to cheat and defraud said minor, and shall secure the contract price and shall wilfully fail to pay said minor when he shall have performed his part of said contract work, whether done by the day or by the job, the person so offending shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

See INJURY TO STOCK.

MISMARKING.

MOCKING BIRDS.

Sec. 432. Unlawful to kill mocking birds or destroy their nests. 1897, c. 491.

Any person who shall rob or destroy the nests of mocking birds, or who shall take any eggs from their nests, or who shall kill any mocking birds, shall be fined not less than ten dollars, and be guilty of a misdemeanor.

MONUMENTS.

See also GRAVES AND GRAVE YARDS.

Sec. 433 (1088). Monuments and tombstones, unlawful to deface or remove. R. C., c. 34, s. 102. 1840, c. 6.

If any person shall, unlawfully and on purpose, remove from its place any monument of marble, stone, brass, wood or other material, erected for the purpose of designating the spot where any dead body is interred, or for the purpose of preserving and perpetuating the memory, name, fame, birth, age or death of any person, whether situated in or out of the common burying ground, or shall unlawfully or on purpose break or deface such monument, or alter the letters, marks or inscription thereof, he shall be guilty of a misdemeanor.

INDICTMENT. The indictment need not designate the name of the person whose tomb has been defaced, nor is it necessary to charge that the dead body was that of a human being. Wilson, 94-1015.

EVIDENCE.-Evidence that defendant caused his employees to plow up the ground and displace the grave-stones, is sufficient to go to the jury. Wilson, 94-1015.

OWNER OF LAND.-Where the owner of land consents, either expressly or by implication, to the interment of the dead bodies on his land, he has no right afterwards to remove the bodies, or to deface or pull down the grave-stones and monuments erected. Wilson, 94-1015.

MORTGAGED PROPERTY.

Sec. 434 (1089). Mortgaged property, unlawful to dispose of; sufficiency of indictment and proof. 1873-'4, c. 31. 1874-'5, c. 215. 1883, c. 61. If any person, after executing a chattel mortgage, deed in trust or other lien for a lawful purpose shall, after the execution thereof, make any disposition of any personal property embraced in such mortgage, deed in trust or lien, with intent to hinder, delay or defeat the rights of any person to whom or for whose benefit such deed was made, every person so offending and every person with a knowledge of the lien buying the property embraced in any such deed or lien, and every person assisting, aiding or abetting the unlawful disposition of such property, with intent to hinder, delay or defeat the rights of any person to whom or for whose benefit any such deed or lien was made, shall be guilty of a misdemeanor, and punished by fine or imprisonment, or both, in the discretion of the

court.

In all indictments for violations of the said provisions of this section, it shall not be necessary to allege or prove the person to whom any sale or disposition of said property was made, but proof of the possession of the property embraced in such chattel mortgage, deed in trust or lien by the grantor thereof, after the execution of said chattel mortgage, deed in trust or lien, and while it is in force, and further proof of the fact that the sheriff or other offcer charged with the execution of said process can not after due diligence find said property under process directed to him for its seizure, for the satisfaction of such chattel mortgage, deed in trust or lien, or that the mortgagee demanded the possession thereof of the mortgagor for the purpose of sale to foreclose said mortgage, deed in trust or lien, aftr the right to such foreclosure had accrued, and that the mortgagor failed to produce, deliver or surrender the same to the mortgagee for that purpose, shall be prima facie proof of the fact of a disposition or sale of said property, by said grantor, with the intent to hinder, delay or defeat the rights of the person to whom said chattel mortgage, deed in trust or lien was made.

INDICTMENT.-An indictment for disposing of mortgaged property, which, after giving the name of the mortgagor and mortgagee, charges that defendant, a third person, sold and disposed of the property with a knowledge of the lien and with intent to hinder, delay and defeat the rights of the mortgagee, without charging that he aided or abetted the maker of the mortgage, or that he bought with a knowledge of the lien, can not be sustained. Woods, 104-898.

The statute embraces three classes of offenders: (1) The maker of the lien who shall dispose of the property with unlawful intent; (2) those

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