vice; all fees and seal taxes of whatever kind collected by the private secretary of the governor shall be paid into the treasury quarterly; for the seal of the state department, fifty cents, to be collected by the secretary of state and paid by him into the treasury; for the seal of the state treasurer, to be collected by him and accounted for as other public money, fifty cents. Said officers shall keep an account of the number of times their seals may be used, and shall deliver to the proper officer a sworn statement thereof. Whenever a scroll is used in the absence of a seal by any of the said officers the said tax shall be on the scroll. Seals affixed for the use of any county or the state or used on the commissions of officers of the militia, justices of the peace or any other public officer not having a salary, or under the pension law, or upon any process of court, shall be exempt from taxation. The officers collecting the said taxes and fees may retain as compensation five per centum, except in case of sheriffs, whose compensation shall be allowed by the auditor. Any person receiving taxes under this section and willfully refusing or neglecting to pay the same as required shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars or imprisoned at the discretion of the court.

1905, c. 588, s. 85.

TELEGRAPH AND TELEPHONES.

Sec. 1001 (3845). Lines, interfering with.

If any person shall unnecessarily disconnect the wire or in any other way render any telephone line or any part of any such line unfit for use in transmitting messages, or shall unnecessarily cut, tear down, or destroy, or in any way render unfit for the transmission of messages any part of the wire of a telephone line, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined or imprisoned in the discretion of the court for a term not exceeding two years.

1901, c. 318.

Sec. 1002 (3846). Message; obtaining knowledge of contents.

If any person wrongfully obtain, or attempt to obtain, any knowledge of a telegraphic message by connivance with a clerk, operator, messenger, or other employee of a telegraph company; or, being such clerk, operator, messenger, or other employee, willfully

divulge to any but the persons for whom it was intended, the contents of a telegraphic message or dispatch intrusted to him for transmission or delivery, or the nature thereof, or willfully refuses or neglects duly to transmit or deliver the same, he shall be guilty of a misdemeanor.

1889, c. 41, s. 1.

Sec. 1003 (3847). Poles and wires, injury to.

If any person shall willfully injure, or destroy, or pull down any telegraph or telephone or electric power transmission pole wire, insulator or any other fixture or apparatus attached to a telegraph or telephone or electric power transmission line, he shall be guilty of a misdemeanor, and fined and imprisoned at the discretion of the court.

Code, s. 1118; 1881, c. 4; 1883, c. 103; 1907, c. 827.

Sec. 1004 (3848). Telephone message, obtaining knowledge of.

If any person wrongfully obtain, or attempt to obtain, any knowledge of a telephonic message by connivance with a clerk, operator, messenger or other employee of a telephone company; or, being such clerk, operator, messenger or other employee, willfully divulges to any but the persons for whom it was intended, the contents of a telephonic message or dispatch intrusted to him for transmission or delivery, or the nature thereof, he shall be guilty of a misdemeanor, and fined or imprisoned, or both, in the discretion of the court.

1903, c. 599.

Sec. 1005 (3849). Trees, felling, on wires.

If any person shall negligently and carelessly cut or fell any tree or any limb or branch therefrom in such a manner as to cause the same to fall upon and across any telephone wire or electric light wire, or electric power transmission wire, and from which any injury to such wire shall be occasioned, he shall be guilty of a misdemeanor, and shall also be liable to a penalty of fifty dollars for each and every offense.

1903, c. 616; 1907, c. 827.

[Laws 1907, c. 827, from which the words "or electric power transmission wire" incorporated in the above statute are taken, make the amendment apply to sections 3847 of the Revisal, but this is evidently a mistake, as shown by the title of the act, and the amendment must have been intended to apply to section 3849 of the Revisal.]

TERM OF COURT.

Sec. 1006 (3266). Term expiring during trial, court continued; civil actions.

In case the term of a court shall expire while a trial for felony 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, except civil actions begun after Thursday of the last week.

Code, s. 1229; 1893, c. 226; C. C. P., s. 397; R. C., c. 31, s. 16; 1830, c. 22.

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. McGimsey, 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. MeGimsey, 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. 1007 (1510). Court adjourned by sheriff when judge not present.

If the judge of a superior court shall not be present to hold any term of a court at the time fixed therefor, he may order the sheriff to adjourn said court to any day certain during said term, and on failure to hear from said judge 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.

Code, s. 926; 1901, c. 269; 1887, c. 13.

Note. For term expiring pending trial, see s. 3266.

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.

Acts 1899, c. 593, providing for an extra term of court without a grand jury is constitutional. Brown, 127-562.

TERRAPIN.

Sec. 1008 (2369). Use of drag-nets by non-residents for catching terrapin forbidden.

If any person who is not a citizen and who has not resided in the state continuously for the preceding two years shall use any drag-net or other instrument for catching terrapin he shall be guilty of a misdemeanor.

Code, ss. 3375, 3376.

Sec. 1009 (2370). Diamond-back terrapin protected.

If any person shall take or catch any diamond-back terrapin between the fifteenth day of April and the fifteenth day of August of any year, or any diamond-back terrapin at any time, of less size than five inches in length upon the bottom shell, or shall interfere with, or in any manner destroy any eggs of the diamond-back terrapin, he shall be guilty of a misdemeanor, and shall be fined not less than five dollars, nor more than ten dollars, for each and every diamond-back terrapin so taken or caught, and a like sum for each and every egg interfered with or destroyed: Provided, this section shall not apply to parties empowered by the state to propagate the said diamond-back terrapin; and the possession of any diamond-back terrapin between the fifteenth days of April and August shall be prima facie evidence that the person having the same has violated this section. It shall be the duty of all sheriffs and constables to give immediate information to some justice of the peace of any violation of this section.

Code, s. 3377; 1899, c. 582; 1881, c. 115, ss. 1, 6.

TIMBER.

Sec. 1010 (3853). Larceny of branded timber.

If any person shall knowingly and unlawfully buy, sell, take and carry away, secrete, destroy or convert to his own use, any timber upon which a trademark is stamped, branded or otherwise impressed, or shall knowingly and unlawfully buy, sell, take and carry away, secrete, destroy or convert to his own use, any timber upon which a trademark has been intentionally and without lawful authority removed, defaced or destroyed, he shall be deemed guilty of larceny thereof and punished as in other cases of larceny. 1903, c. 261, s. 5.

Sec. 1011 (3854). Timber trademark, use of.

If any person shall use or attempt to use any timber trademark without the written consent of the proprietor thereof, or falsely and fraudulently place any trademark on timber not the property of the owner of such trademark without his written consent, or intentionally and without lawful authority remove, deface or de stroy any timber trademark or the imprint thereof on any timber or intentionally put any such timber in such a position, or place so remote from the stream from which it was taken, or on which it was afloat as to render it inconvenient or unnecessarily expensive to replace the same in such stream, he shall be guilty of a misde

meanor.

1903, c. 261, ss. 3-5.

Sec. 1012 (3855). Timber mark, altering.

If any person shall willfully change, alter, erase or destroy any registered timber mark or brand put or cut upon any logs, timber, lumber or boards, except by the consent of the owner thereof, with intent to steal the said logs or timber, he shall be guilty of a misdemeanor, and punished by a fine of not less than fifty dollars, or imprisoned not more than thirty days, or both; if the same shall have been done with a felonious intent, such person shall be guilty of larceny and punished as for that offense.

1889, c. 142, s. 3; 1903, c. 41.

Sec. 1013 (3856). Timber mark, taking possession of logs bearing.

If any person shall knowingly and willfully take up or have in his possession any log, timber, lumber or board upon which a registered timber mark or brand has been put or cut, except by the consent of the owner thereof, he shall be guilty of a misdemeanor,