Engaging in duel not resulting in death. Accepting and carrying challenges. Reproachful language for not fighting duel. Fighting by previous ap pointment. Being present as aid or surgeon. Engaging in fight beyond although no homicide ensues, or challenges another to fight such duel, or sends or delivers a written or verbal message purporting or intended to be such challenge, although no duel ensues, shall be punished by imprisonment in the State penitentiary not exceeding twenty years, or by fine not exceeding ten thousand dollars, and shall be incapable of holding or of being elected or appointed to any place of honor, profit, or trust, under the Constitution or laws of this State, and shall not vote at any election for the term of twenty years after such conviction. (b) SEC. 4. Whoever accepts such challenge, or knowingly carries or delivers any such challenge or message, whether a duel ensues or not, and whoever is present at the fighting of a duel with deadly weapons, as an aid, second, or surgeon, or advises, encourages, or promotes such duel, shall be punished by imprisonment in the county jail not exceeding one year, and fine not exceeding five hundred dollars, and shall be disqualified, as mentioned in the preceding section, for the term of five years after such conviction. (b) SEC. 5. Whoever posts another, or in writing or in print uses any reproachful or contemptuous language to or concerning another for not fighting a duel, or for not sending or accepting a challenge to fight a duel, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not less than one hundred dollars nor more than three hundred dollars. (b) SEC. 6. Whoever, by previous appointment or arrangement, meets another person and engages in a fight, shall be punished by imprisonment in the State penitentiary not exceeding ten years, and by fine not exceeding five thousand dollars. (b) SEC. 7. Whoever is present at such fight as an aid, second, or surgeon, or advises, encourages, or promotes such fight, shall be punished by imprisonment in the State penitentiary not exceeding five years, or by imprisonment in the county jail not exceeding three years, and fine not exceeding one. thousand dollars. (b) SEC. 8. Whoever, being an inhabitant or resident of this State, by previous appointment or arrangement made therein, limits of State. leaves the State and engages in a fight with another person, without the limits thereof, shall be punished by imprisonment in the State penitentiary not exceeding five years, or by fine not exceeding five thousand dollars. (b) (b) Secs. 27, 28, 29, 30, 31 and 32, Sub-Chap. 3. Chap. 1637, Act of Aug. 6, 1868. and assault SECTION 1. Any person convicted of assault and battery Assault and batshall be punished by a fine not exceeding one thousand dollars, ter punished. or imprisonment not exceeding six months, at the discretion of the court; and any person convicted of a bare assault shall be punished by a fine not exceeding one hundred dollars. (a) (b) Aggravated assault. 3 Fla., 202. 4 Fla., 404. SEC. 2. Whoever assaults another with a deadly weapon, not having a premeditated design to effect the death of the person assaulted, shall be deemed guilty of an aggravated assault, and upon conviction shall be punished by imprisonment in the 9 Fla., 203. county jail not more than one year, or by fine not exceeding five hundred dollars. SEC. 3. If the life of any person, being a passenger, is lost by Carelessness of reason of the negligence or carelessness of the proprietor or proprietors of proprietors of any steamboat, stage coach, or of common car- coach resulting riers of passengers, or by the unfitness or gross negligence or senger. carelessness of their servants or agents, such proprietor or proprietors and common carriers shall be guilty of a misdemeanor, and punished by fine not exceeding five thousand nor less than five hundred dollars. (c) steamboat and in death of pas sengers from ers. SEC. 4. Whoever, having management or control of or over Injury to pasany steamboat, or other public conveyance, used for the com- carelessness of mon carriage of persons, is guilty of gross carelessness or neg- common carrilect in, or in relation to, the conduct, management or control of such steamboat or other public conveyance, while being so used for the common carriage of persons, thereby causing serious injury to any person, shall be punished by fine not exceeding five thousand dollars. (c) locomotive or SEC. 5. Any person who shall wantonly or maliciously throw Throwing misany missiles at or into any locomotive or passenger, express or siles at or into baggage car while the same are occupied by passengers or em- cars. ployees of railroad or express companies, belonging to or being used by any railroad company in this State, shall upon conviction be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars. (d) (a) Sec. 5. Act of Feb. 10, 1832. (b) Sec. 2, Chap. 3275, Act of Feb. 11, 1881. (c) Secs. 47 and 48, Sub-Chap. 3, Chap. 1637, Act of Aug. 6, 1868. (d) Sec. 1, Chap. 3281, Act of Feb. 16, Stealing prop CHAPTER 68. CRIMES MISDEMEANORS-OFFENCES AGAINST PROPERTY. 1. Penalty for stealing property not exceeding in value twenty dollars. 2. Penalty for trespass to realty. 3. Penalty for being accessory to trespass. 4. Jurisdiction in cases of trespass. substances against wall with unlawful intent. 20. Penalty for erecting dam to injure existing mills. 21. Penalty for certain classes of trespass. 22. Penalties for injury to fruit trees and for breaking glass or 5. Penalty for taking beast with- fences. out consent of owner. 6. Penalty for embezzlement. 7. Penalty for embezzlement by agent, clerk or servant. 8. Penalty for embezzlement by carrier. 9. Penalty for mischievous taking of animals. 10. Penalty for falsely personating an officer. 11. Penalty for forging or counterfeiting stamps upon merchandise. 12. Penalty for counterfeiting label or trade mark. 13. Penalty for fraudulent removal of mortgaged property. 14. Sale of mortgaged property fraudulently. 15. Penalty for sale of property by hirer of same. 16. Penalty for selling pledged collaterals before debt is due. 17. Penalty for malicious destruction of monuments and guide boards; for extinguishing lamps maliciously. 23. Penalty for killing animals when party has not a lawful fence. 24. Penalty for marring or defacing State buildings. 25. Penalty for certain kinds of malicious mischief. 26. Penalty for malicious firing of woods. 27. Penalty for cruelty to animals. 28. Penalty for wantonly killing or wounding animals. 29. Penalty for injury to telegraph posts, wires or fixtures. 30. Penalty if employee of railroad company is guilty of negligence or carelessness. 31. Penalty for gross carelessness of railroad employees. 32. Penalty for constructing roads through grave yards. 33. Duty of Inspectors of Marks and Brands as to sales or shipment of cattle. 34. Penalty for illegally selling or shipping cattle. 35. Penalty for Inspectors to vi 18. Penalty for defacing church- olate this law. es and schools. 36. Penalty for destroying bea 19. Penalty for throwing filthy cons or buoys. SECTION 1. Whoever is convicted of stealing property not exceeding in value twenty dollars shall be guilty of a misdemean ceeding twenty Or, and on conviction thereof shall be sentenced to pay a fine of not more than one hundred dollars, or to be imprisoned in the erty not ex dollars. county jail not more than sixty days, or by both fine and imprisonment, the fine not to exceed one hundred dollars and imprisonment not to exceed sixty days, at the discretion of the court. (a) SEC. 2. Whoever, by a trespass, takes and carries away any- Trespass to thing which is parcel of the realty or annexed thereto, the realty. property of another, of some value, against his will, shall be guilty of a misdemeanor, and shall be punished by fine of at least double the value of the property taken, and by imprisonment in the county jail not exceeding one year. (b) trespass. SEC. 3. Any person may become an accessory to such tres- Accessory to pass before or after the fact, or a receiver of the property taken, in like manner as if the property were personal, and shall be punished as provided in the last section. (b) SEC. 4. The same courts and Justices shall have jurisdiction Jurisdiction in of offences under the two preceding sections as would have trespass. jurisdiction if the property taken were personal property. (b) without con SEC. 5. Whoever, without the consent of the owner, and with Taking beast a felonious intent, takes any beast or bird, ordinarily kept in a gent of owner. state of confinement, and not the subject of larceny at common law, shall be deemed guilty of a misdemeanor, and punished accordingly. (b) SEC. 6. Whoever embezzles or fraudulently converts to his Embezzlement. own use, or secretes with intent to embezzle or fraudulently convert to his own use, money, goods or property delivered to him, which may be the subject of larceny, or any part thereof, shall be deemed guilty of larceny, and punished accordingly. (c) SEC. 7. If an officer, agent, clerk or servant of any incorpo- Embezzlement rated company, or if a clerk, agent or servant of any private by agent, clerk person or copartnership, (except apprentices and other persons under the age of sixteen years,) embezzles or fraudulently converts to his own use, or takes, or secretes, with intent so to do, without consent of his employer or master, any property of another which has come to his possession, or is under his care by nature of such employment, he shall be deemed guilty of larceny, and punished accordingly. (c) or servant. SEC. 8. If a carrier or other person to whom any property Embezzlement which may be the subject of larceny has been delivered to be by carrier. carried for hire, or if any other person intrusted with such property embezzles or fraudulently converts to his own use, or secretes with intent so to do any such property, either in the mass as the same was delivered or otherwise, and before delivery thereof at the place at which, or to the person to whom it was to be delivered, he shall be deemed to be guilty of larceny, and punished accordingly. (d) SEC. 9. Whoever wilfully, mischievously, and without right (a) Sec. 1, Chap. 1693, Act of Feb. 1, 1869. (b) Secs. 25, 26, 27 and 28, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. (c) Secs. 31 and 34, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. (d) Sec. 37, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. takes or uses any boat or vehicle, or takes, drives, rides or uses any horse, ass, mule, ox or any other draught animal, the property of another, without the consent of the owner or other person having the legal custody, care or control of the same, shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the county jail for a term not exceeding six months: Provided, That nothing in this section shall be so construed as to apply to any case where the taking of the property of another is with the intent to steal the same, or when it is taken under a claim of right, or with the presumed consent of the owner or other person having the legal control, care or custody of the same. (e) SEC. 10. Whoever falsely personates or represents another, and in such assumed character receives any property intended to be delivered to the party so personated, with intent to convert the same to his own use, shall be deemed to have committed larceny, and punished accordingly. (e) SEC. 11. Whoever knowingly and wilfully forges or counterfeits, or causes or procures to be forged or counterfeited, upon any goods, wares or merchandise, the private labels, stamps or trade marks of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding fifty dollars. (e) SEC. 12. Whoever vends any goods, wares or merchandise having thereon a forged or counterfeited stamp, label or trade mark of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding fifty dollars. (e) SEC. 13. Whoever, with a fraudulent intent to place mortgaged personal property beyond the control of the mortgagee, removes or conceals, or aids or abets in removing or concealing the same, and any mortgagor of such property who assents to such removal or concealment, shall be punished by fine not exceeding double the value of the property, or by imprisonment in the county jail not exceeding one year. (e) SEC. 14. If a mortgagor of personal property sells or conveys the same, or any part thereof, without the written consent of the mortgagee, and without informing the person to whom he sells or conveys that the same is mortgaged, he shall be punished by fine not exceeding one hundred dollars, and by imprisonment in the county jail not exceeding one year. (e) SEC. 15. If a hirer or lessee of personal property sells or conveys the or any part thereof, without the written consame, sent of the owner or lessor, and without informing the person to whom the same is sold or conveyed that it is so hired or (e) Secs. 44, 49, 51, 52, 56 and 57, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. |