into any stock-law district, or into the limits of any incorporate city or town, having the right to impound or destroy the same, with intent to secure the poundage or other penalty, or with intent to injure the owner of such animal, or to require him to pay any poundage or penalty on account of such animal, or for hire or reward, shall be guilty of a misdemeanor. And any person who shall unlawfully and wilfully remove any animal above named from any lawful enclosure, with intent to injure the owner, shall be guilty of a misdemeanor.

SEC. 2. It shall be unlawful for any city or town, having authority under its charter, to impound any of the animals named in section one (1), to charge or collect any greater poundage or penalty upon the cattle or animals of non-residents than onefourth the rates imposed upon residents. And it shall be unlawful for any such city or town to collect any poundage, or penalty whatever, upon the cattle or animals of persons who live one mile or more from the corporate limits, for the first three times that the same cattle, or other animals, are impounded in said city or town.

STRANDED GOODS.

Sec. 611 (3859). Finders of wrecked property to notify commissioner; penalty for concealing it. R. C., c. 120, s. 9. 1801, c. 599, s. 5.

When any person shall find any stranded property on or near the seashore, and no owner appears to claim the same, he shall, as soon as possible after saving it, give information to the nearest commissioner of wrecks, and to him deliver the same, for which he shall be entitled to his reasonable salvage, to be ascertained in manner before directed; and should any person finding stranded goods or other property as aforesaid, conceal them, or convert the same to his own use, or fail, for ten days thereafter, to give information thereof to the nearest commissioner of wrecks for his county, he shall pay to the commissioner, discovering the same, five times the value of such property, to be recovered before any court having jurisdiction.

Sec. 612 (3860). Finders, concealing stranded, goods, guilty of larceny. R. C., c. 120, s. 10. 1801, c. 599, s. 6

If any person shall find any stranded goods or property on or near the seashore, and shall, secretly, or without notice of such

finding given to the commissioner, take the same into his possession with the intent to defraud the owner or other person of the said property, or any interest therein; or if, having taken possession of such goods or property, without such intent, he shall afterwards, with such fraudulent intent conceal the same, or fail to give notice to the commissioner, he shall be deemed to have stolen the same goods or other property; and the same goods or other property shall be deemed and held, as to all persons and for all purposes, to have been stolen.

Sec. 613 (3861). Embezzlers or receivers of goods punished as for larceny, etc. R. C., c. 120, s. 11. 1801, c. 599, s. 6.

If any person shall embezzle, steal, or receive, knowing the same to have been embezzled or stolen, any such goods or property, he shall forfeit five times the value of the same to the commissioner; and on conviction thereof shall suffer as if convicted of larceny.

SUNDAY.

SABBATH-BREAKER-INDICTMENT. Charging a man with being a common Sabbath-breaker and profaner of the Lord's day, is insufficient, as it does not show how or in what manner he was a common Sabbath-breaker. Brown, 6 (2 Murph.), 225.

KEEPING OPEN SHOP.-Keeping an open shop and selling goods on Sunday is not an indictable offence in this state. Brookshank, 28 (6 Ired)., 73. Charging defendant with keeping an open shop and selling goods and liquors on Sunday is insufficient, as it does not show but what the sales might have been to the lame and weary traveller, or to others to whom it would have been a merit to sell instead of a crime. Brown, 6 (2 Murph.), 225.

PERFORMING LABOR.-The profanation of Sunday by performing labor on that day is not an indictable offence in this state. Williams, 26 (4 Ired.), 400.

Sec. 614 (116). Sunday, fishing on, with seins or nets prohibited; punishment. 1883, c. 338.

It shall be unlawful for any person to fish on Sunday with a seine, drag net or other kind of net, except such as are fastened to stakes; and any person violating this section shall be guilty of a misdemeanor, and fined not less than two hundred dollars nor more than five hundred dollars, or imprisoned not more than twelve months.

Sec. 615 (1117). Sunday, sale of intoxicating liquors on, a misdemeanor. 1876.'7, c. 38.

If any person shall sell spirituous, or malt, or other intoxicating liquors on Sunday, except on the prescription of a physician, and then only for medical purposes, the person so offending shall be guilty of a misdemeanor, and punished by fine, or imprisonment, or both, in the discretion of the court.

[For the decisions under this section, see "LIQUOR, selling on Sunday."] Sec. 616 (1115). Sunday, hunting on, prohibited; penalty. 1868-9, c. 18, s. 1. 1889, c. 504.

If any person whomsoever shall be known to hunt on the Lord's day, commonly called Sunday, with a dog or dogs, or shall be found off his own lands on Sunday, having a shotgun, rifle or pistol, every person so offending shall be subject to indictment; and shall pay a fine not to exceed fifty dollars, at the discretion of the court, twothirds of such fine to inure to the benefit of the free public schools in the county of which such convict is a resident, the remainder to the informant, and the punishment for every such offence shall not exceed a fine of fifty dollars or imprisonment for thirty days.

CARRYING GUN INDICTABLE WITHOUT HUNTING.-This statute creates two offences: (1) Hunting on Sunday with a dog; and (2) being off one's own premises having a shotgun, rifle or pistol. Therefore, on the return of a special verdict finding "that the defendant was carrying his gun off of his premises on Sunday, but it is not proved that he was hunting," it was error in the court to adjudge the defendant not guilty. Howard, 67-24. INDICTMENT.—An indictment charging hunting "on the first day of October, on the Sabbath day," is good though the first day of October did not fall on Sunday, nor is the use of the word "Sabbath" instead of "Sunday" material. Drake, 64-589.

SURVEYORS.

Sec. 617. Surveyor's chain to be measured by standard keeper. 1889, c. 409. The standard measure of a surveyor's chain shall be twenty-two standard yards, a standard half or two-pole chain shall be eleven standard yards, a standard quarter or one-pole chain shall be five and one-half standard yards; but every person using a surveyor's chain, half chain or quarter chain for measuring land shall, before using the same, and every two years thereafter, bring the same to the standard-keeper of his county to be by him measured and sealed.

Any person who shall use any chain for measuring land without having the same first measured and sealed by the standard-keeper, or who shall use the same for a longer period than two years without bringing it to the standard-keeper and having the same measured and sealed by him, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding ten dollars, to be recovered in an action before a justice of the peace.

TELEGRAPHS AND TELEPHONES.

Sec. 619 (1118). Telegraph or telephone poles or wires, injury to, a misdemeanor. 1881, c. 4. 1883, c. 103.

Any person who shall wilfully injure, or destroy, or pull down any telegraph or telephone pole, wire, insulator, or any other fixture or apparatus attached to a telegraph or telephone line, shall be guilty of a misdemeanor, and may be fined and imprisoned, at the discretion of the court.

TERM OF COURT.

Sec. 620 (1229). Term of court expiring during progress of trial, court shall continue it. C. C. P., s. 397. R. C., c. 31, s. 16. 1830, c. 22. c. 226.

1893,

In case the term of a court shall expire while a trial for felony, or for any offence punishable by imprisonment in a penitentiary, or by any greater punishment, shall be in progress, and before judgment shall be given therein, the judge shall continue the term as long as in his opinion, it shall be necessary for the purposes of the case, and he may in his discretion exercise the same power in the trial of any other cause under the same circumstances: Provided, this shall not apply to any civil action begun after Thursday of the last week.

FACTS MUST BE SET OUT.-The facts which constitute the necessity for discharging a jury before verdict must be distinctly found by the judge and set out in the record. McGimsey, 80-377.

WHEN THE TRIAL JUDGE MAY BE REVIEWED.-The findings of fact which constitute the necessity for ordering a mistrial and discharging the jury

are conclusive and not the subject of review, but the decision of the judge as to the law arising on the facts may be reviewed and reversed. McGinsey, 80-377.

EXPIRATION OF THE TERM NO GROUND FOR DISCHARGING JURY.—The expiration of a term of court is no ground for discharging a jury before verdict while a trial for a felony is in progress; and this is so though it is the duty of the judge to hold court on the following Monday in another county. The present term may be continued for the purpose of the trial, and the court in the other county may be adjourned by the sheriff from day to day until sunset of the fourth day. McGimsey, 80—377.

DISCHARGE-JEOPARDY.-The jury, charged in a case of capital felony, retired at 12 o'clock on Saturday night, which was the end of the term, and were discharged at 6 o'clock the next evening, Sunday, before verdict, because "it appeared they could not agree." The jury was not polled, nor asked if they could not agree, but answered that they had not agreed: Held, that the prisoner having been once in jeopardy was entitled to be discharged. McGimsey, 80-377.

TERM EXPIRING BEFORE VERDICT-CAPIAS.-Where a defendant is on trial for larceny, and the term expires before the jury agrees, and they leave their room and disperse without agreeing, and defendant is suffered to go at large, the solicitor may, without leave of court, cause a capias to be issued against defendant and cause him again to be put on trial. Tilletson, 52 (7 Jones), 114.

Sec. 621 (926). If judge of a superior court not present, court to be adjourned, when. R. C., c. 31, s. 21. C. C. P., s. 396. 1879, c. 11.

If the judge of a superior court shall not be present to hold any term of a court at a time fixed therefor, it shall be the duty of the sheriff to adjourn the court from day to day until the fourth day of the term inclusive, unless he shall be sooner informed that the judge from any cause can not hold the term; if by sunset on the fourth day the judge shall not appear to hold the term, or if the sheriff shall be sooner advised that the judge can not hold the term, it shall then be the duty of the sheriff to adjourn the court until the next term.

PRESUMPTION THAT COURT WAS PROPERLY OPENED.-Where the record recites that a regular term of a superior court was opened and held Wednesday of the week fixed by statute, it will be presumed that the sheriff had duly opened the court on Monday and adjourned it from day to day. Weaver, 104-758.

TERRAPINS.

Sec. 622 (3377). When unlawful to take diamond-back terrapins, what size they must be; unlawful to destroy their eggs, misdemeanor; penalty, proviso; possession prima facie evidence of guilt; duty of sheriff and other officers, etc. 1881, c. 115, ss. 1, 6. 1885, c. 128. 1893, c. 188. 1899, c. 582.

It shall be unlawful for any person to take or catch diamondback terrapins between the fifteenth day of April and the fifteenth