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SEC. 17. Whoever buys, sells, or has in his possession for Dealing in the purpose of buying or selling, or trafficking in, the dead dead bodies. body of any human being, shall be punished by fine of not less than fifty nor exceeding five hundred dollars, or by imprisonment in the county jail not less than three months, nor exceeding one year. (ƒ)

inclosure.

SEC. 18. Whoever wilfully destroys, mutilates, defaces, in- Defacing tomb jures, or removes any tomb, monument, gravestone, or other or shrubs in structure or thing, placed or designed for a memorial of the dead, or any fence, railing, curb, or other thing, intended for the protection or ornament of any tomb, monument, gravestone, or other structure before mentioned, or for any inclosure for the burial of the dead, or wilfully destroys, mutilates, removes, cuts, breaks or injures any tree, shrub, or plant placed or being within any such inclosure, or wantonly or maliciously disturbs the contents of a tomb or grave, shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year. (f)

miles of camp

SEC. 19. It shall be unlawful for any person or persons to Sale of liquors sell intoxicating liquors or any other liquors within two miles within two of any camp ground used for religious worship in this State meeting. during the session of any camp meeting. And any person or persons who shall engage in the sale of such liquors, as above stated, shall be guilty of a misdemeanor and liable to a fine of not less than five hundred dollars, or imprisonment for six months in the county jail: Provided, That nothing in this section shall be so construed as to prevent any person from selling liquors in any incorporated town or city: And provided further, That nothing in this section shall prevent any person Established from selling any liquor at his regular place of business where ness. he has usually sold the same prior to the establishment of such camp ground. (g)

Cities and towns.

places of busi

CHAPTER 73.

CRIMES-MISDEMEANORS-OFFENCES AGAINST HEALTH.

1. Penalty for selling diseased 7. Penalty for spreading small

meat.

2. Penalty for killing calves under four weeks old.

pox.

8. Certain persons forbidden to do business as druggists; what

3. Penalty for fraudulent adult- necessary to enable a person to eration of food. sell drugs; penalty for violation of

4. Penalty for fraudulent adult- this law. eration of medicine.

5. Penalty for defiling springs. 6. Penalty for nuisances; how removed and suppressed.

(f) Secs. 26 and 27, Sub-Chap. 8, Chap. 1637, Act of Aug. 6, 1868.

9. This law does not apply to
physicians dispensing medicine.
10. As to how druggists shall
sell poisons.

(g) Sec. 1, Chap. 3287, Act of March 4,
1881.

Selling dis eased meat.

Killing calves less than four weeks old.

Fraudulent adulteration of food.

Of medicine.

Defiling -prings.

Nuisances.

Spreading small-pox.

SECTION 1. Whoever knowingly sells any kind of diseased, corrupted or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding two hundred dollars. (a) SEC. 2. Whoever kills or causes to be killed for the purpose of sale, any calf less than four weeks old, and knowingly sells, or has in his possession with intent to sell, the meat of any calf killed when less than four weeks old, shall be punished by fine not exceeding two hundred dollars. (a)

SEC. 3. Whoever fraudulently adulterates for the purpose of sale, bread or any other substance intended for food, with any substance injurious to health, shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding three hundred dollars; and the articles so adulterated shall be forfeited and destroyed under the direction of the court. (a)

SEC. 4. Whoever fraudulently adulterates for the purpose of sale, any drug or medicine, or sells any fraudulently'adulterated drug or medicine, knowing the same to be adulterated, shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding four hundred dollars; and such adulterated drugs and medicines shall be forfeited and destroyed under the direction of the court. (a)

SEC. 5. Whoever wilfully or maliciously defiles, corrupts or makes impure any spring or other source of water, or reservoir, or destroys or injures any pipe, conductor of water or other property pertaining to an aqueduct, or aids or abets in any such trespass, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year. (a)

SEC. 6. All nuisances which tend to annoy the community or injure the health of the citizens in general, or to corrupt the public morals, shall be indictable and punishable by a fine not exceeding two hundred dollars, at the discretion of the court; and any nuisance which tends to the immediate annoyance of the citizens in general, or is manifestly injurious to the public health and safety, or tends greatly to corrupt the manners and morals of the people, may be removed and suppressed by the order of any two or more Justices of the Peace of the county, founded upon the verdict of twelve house-holders of the same, who shall be summoned, sworn and empanneled for that purpose, which order shall be directed to and executed by any sheriff or constable of the county; and an indictment shall lie for the same. (b)

SEC. 7. If any physician, surgeon or other person shall wilfully endeavor to spread the small-pox without inoculation, or shall use any other inoculation than that called vaccination, unless by special permission from the County Commissioners,

(a) Secs. 1, 2, 3, 5 and 6, Sub-Chap. 9, Chap. 1637, Act of Ang. 6, 1868.

(b) Sec. 47. Act of Feb. 10, 1832.

or the public authorities of any city or town, when the smallpox shall make its appearance, he or she so offending shall be fined in a sum not exceeding three hundred dollars, and imprisoned not exceeding three months, at the discretion of the court. (b)

forbidden to do

&c., &c.

physi

contents.

SEC. 8. It shall be a misdemeanor for any person or persons Certain persons to compound or mix for sale any drugs or medicines of any business of kind, in the State of Florida, or to carry on or engage in the druggist, business or avocation of a druggist or apothecary in this State, unless such person or persons shall have first obtained a certificate from at least three regular practicing physicians, grad-Certificate of uates from some regular medical college, said physicians be- cians, and its ing residents and practitioners of the county with the applicant, and said physicians shall in said certificate set forth under oath, made before some judicial officer, that they have carefully, diligently and thoroughly examined the applicant, and find that he is of good moral character, of sober and steady habits, and possessed of medical and chemical knowledge to thoroughly qualify him for the business of a druggist or apothecary, in the particular county in this State for which the application is made; and that the citizens of this State may have full faith and confidence in his knowledge, skill, carefulness and ability as a druggist or apothecary, which said certificate shall be acknowledged by the said physicians, before the Clerk of the Circuit Court of the county wherein it is made, and filed in said Circuit Court, and a copy thereof, under seal of the county, shall be given to the applicant: Provided, however, That if there be not a sufficient number of qualified physicians under this act residing and practicing in the county in which the application is made, any other physicians of like qualifications, residing adjacent to the applicant, may act and grant the certificate. Any person convicted for a violation of this section shall be fined not exceeding one thousand dollars, or imprisoned not exceeding six months, or both, at the discretion of the court. (c)

Proviso.

SEC. 9. Nothing herein is intended to apply to regular prac- Not to apply to ticing physicans of sober habits in their ordinary and custom- ticing physiary practice of dispensing medicines. (c)

regular

prac

cians.

not sell arsenic,

physician.

SEC. 10. That if any apothecary, druggist or other person, Druggist shall from and after the passage of this act, shall sell any arsenic, &c., except by prussic acid, corrosive sublimate, opium, morphine, or any prescription of other deadly poison, without the written prescription of a surgeon or physician, and which said prescription, when filled, shall be labelled with the name of said article and marked in Label. conspicuous letters, "Poison," he or they so offending shall be subject to a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding twelve months, as the court may determine: Provided, That nothing in this act Proviso. shall abridge the right of purchase by, and right of sale to any

(b) Sec. 50, Act of Feb. 10, 1832.

(c) Secs. 1 and 2, Chap. 1891, Act of Feb. 27, 1872.

Record.

responsible person, of the above named articles in moderate quantities, and when such sale is made the apothecary and druggist making the same shall enter the purchaser's name, date of sale and quantity so sold upon a book kept for that purpose, and subject to the inspection when called on by any State or county officer, under the penalty of a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding twelve months. (d)

Defaulting receivers of public moneye.

Defaulting

assessors.

Peculation by officer of the treasury.

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SECTION 1. If any auctioneer, or other receiver of public moneys, shall refuse or neglect to pay the moneys so received into the State treasury at the times and under the regulations prescribed by law, the person so refusing or neglecting shall be deemed and held to be a public defaulter, and guilty of a misdemeanor, and liable to indictment and trial before any court of competent jurisdiction; and, upon conviction, shall be fined in a sum of not less than one hundred nor more than one thousand dollars, and imprisoned for a term of not less than one nor more than six months, at the discretion of the court. (a)

SEC. 2. If any person charged with the assessment of taxes shall refuse or neglect to make due return thereof, as may be prescribed by law, the person so refusing or neglecting shall be deemed and held to be guilty of a misdemeanor, and, upon conviction thereof, shall be liable to the penalties prescribed in the above section. (a)

SEC. 3. It shall not be lawful for the Treasurer of this State, or any person by him employed in the treasury office, either directly or indirectly, to purchase any claims against the State. for a less sum than the amount of said claim; and the said Treasurer or any person by him employed as aforesaid, shall, for violating the provisions of this section, be liable to be

(d) Sec, 1, Chap. 1534, Act of 1866.

(a) Secs. 1 and 2, Act of March 4, 1839.

prosecuted in any court of record of this State, and fined in a sum not less than five hundred dollars, nor more than two thousand dollars, at the discretion of the court; one-half of said fine shall go to the party prosecuting to conviction, the other half to the State.

(b)

Boxing pine timber.

removing tur

SEC. 4. If any person or persons shall cut, or cause or pro- Cutting, or aiding in cutting cure to be cut, or aid, assist or be employed in cutting any ce- timber on pubdar, juniper, cypress, oak, pine, palmetto, or other timber stand- lic lands. ing, growing, or being on any of the public lands of this State, whether for the support of schools, seminaries, or internal improvements; or if any person shall remove, or cause or procure Removal of to be removed, or aid or assist, or be employed in removing timber. from any of such lands any cedar, juniper, cypress, oak, pine, palmetto, or other timber, unless duly authorized to do so; or if any person or persons shall cut or box, or cause or procure to be cut or boxed, or aid, assist, or be employed in cutting or boxing any pine timber upon any of said public lands for the purpose of extracting and gathering the turpentine therefrom, or shall gather or remove, or cause to be gathered or removed, Gathering or or aid, assist, or be employed in gathering or removing any pentine. turpentine extracted from the pine timber so cut or boxed; or if any person shall, in any way, by cutting, felling, girding, or Destroying or otherwise destroy or injure any timber standing, growing, or being upon said lands; every such person so offending shall be guilty of trespass upon the public lands of the State, and on conviction thereof shall, for every such offence, pay a fine of not Penalty. less than triple the value of the tree or trees, or timber so cut, removed, boxed, destroyed or injured, and shall be imprisoned in the county jail not exceeding twelve months: Prorided, however, That this section shall not apply to any person or persons upon the public lands, who shall cut or fell timber on the same for the purpose of clearing land for cultivation or for building, fencing, or fuel for his or her own immediate use, or for making and constructing or repairing working tools and implements to be used upon the farm, nor to the cutting or removal of dead and fallen timber other than cedar, juniper, pine and cypress, nor to cut wood for fuel which is otherwise valueless. (c)

injuring timber.

Exceptions.

agents.

SEC. 5. If any person shall obstruct, resist or oppose a Tim- Resisting ber Agent in the discharge of his duties, or shall attempt to obstruct or hinder him therein, the person so offending shall, on conviction, be fined not less than fifty dollars for each and every offence, at the discretion of the court, and shall be committed to jail until such fine is paid. (e)

of fines.

SEC. 6. All fines collected under the above sections shall be Application paid to the treasury of the State, and the Treasurer shall place one-half of the amount in the general fund of the State and the other half in the fund to which the land upon which the trespass was committed belongs. (d)

(b) Sec. 5, Act of Nov. 22, 1829.

(c) Secs. 1 and 3, Chap. 3020, Act of March 6, 1877.

(d) Sec. 2, Chap. 3020, Act of March 6, 1877.

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