more than Six Months, at the discretion of the Court; the said fine to go one-third to the District Attorney and two-thirds to the public school fund of the parish where the offense was committed.

Account Sales Must Give Names of Purchasers.

2204. [Sec. 1, Act 206, 1906, p. 360.] All factors, brokers, commission merchants, middlemen, or any other person or persons or corporation acting as commission merchants or who undertake the sale for another of any goods, wares, merchandise, sugar, cotton, rice or any other agricultural produce, shall embody in all accounts of sales thereof the address, dates and name of the person, persons or corporation to whom sold, and to render true and correct account sales thereof within fifteen days of the date of sale of the whole or any portion of the sale thereof.

Penalty.

2205. [Sec. 2.] Whoever shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not more than one thousand dollars and not less than five hundred dollars or imprisoned not more than twelve months, nor less than six months, or both at the discretion of the court.

What Account Sales Must Embody.

2206. [Sec. 1, Act 99, 1900, p. 157.] All factors, brokers, commission merchants and middlemen engaged in selling sugar, cotton and rice and other agricultural produce in the State of Louisiana, for the account of other persons, shall be required to embody in all accounts of sale of such sugar, cotton and rice and other produce the name of the person to whom such produce is sold, the date when sold, the actual classification of such produce and the name of the person by whom such classification was made. Penalty.

2207. [Sec. 2.] Whoever shall violate the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall suffer fine or imprisonment at the discretion of the court.

Water, Gas and Electric Meters Must be Conveniently Located.

2208. [Sec. 1, Act 297, 1910, p. 500.] Every person, firm, association or corporation now engaged or hereafter engaging in the business of furnishing natural or artificial gas for heating, illuminating or other purposes, electricity for illuminating or for

power or other purposes, water for domestic use or power or other purposes, and paid for by patrons by meter measure, shall furnish to each and every patron a meter properly tested and in good order, and shall arrange such meters so that the patron can, at any time, see the meter dial and ascertain how much gas, electricity or water is being consumed, and for what amount such patron is liable therefor.

Must Charge Only What Meter Indicates.

2209. [Sec. 2.] It shall be unlawful for any person, firm, association or corporation engaged in furnishing gas, water or electricity to consumers, to be paid for by meter measure, to charge or receive, from any patron or consumer, pay for more gas, electricity or water than the meter furnished by such person, firm, association or corporation shall indicate has been used by such consumer at the time to which payment is made and received, provided the minimum charge contracted for with the municipalities shall not be affected.

Using False Meters.

2210. [Sec. 3.] It shall be unlawful for any person, firm, association or corporation who knowingly constructs or uses or furnishes to consumers of gas, electricity or water, to be used, any false meter or any false system for measuring and registering the quantity of gas, electricity or water consumed by any person who is connected with the service of the said gas, electric or water company.

Penalty.

2211. [Sec.5.] Any person, firm, association or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars and not more than two hundred dollars for each offense.

Municipalities May Appoint Inspectors, etc.

2212. [Sec. 6.] The several municipalities of this State are given the power and authority to appoint inspectors to carry out the intent and purpose of this Act, and further granting and giving to the several municipalities of the State the power and authority to pass ordinances providing for the inspection of gas, water, electric light and power meters, and fixing the expense of

same.

Scope of Act.

2213. [Sec. 7.] This Act shall not apply to water, gas or electric power plants owned by any municipality or political subdivision of the State.

ACCESSORIES.

Accessories Before the Fact.

2214. [R. S. 972.] Whoever shall be convicted as accessory before the fact to any crime or offence shall suffer the same kind and extent of punishment, according to the circumstances of the case, as might lawfully be inflicted upon the principal offender for such crime or offence.

State vs. Wheat, 111 La. 873; State vs. Washington, 107 La. 298; State vs. Favre, 51 A. 442; State vs. Littell, 45 A. 655; State vs. Hunter, 43 A. 158; State vs. Poynier, 36 A. 572; State vs. Blackman, 35 A. 483; State vs. Douglass, 34 A. 525; State vs. Prudhomme, 25 A. 524; State vs. Ellis, 12 A. 390 (overruling State vs. Hendry, 10 A. 207); State vs. White, 7 A. 533; State vs. Desmond, 5 A. 398.

Yet, the accessory before the fact must be indicted as an accessory, and not as a principal, State vs. Accardo, 129 La. 666.

There can be no accessory to an uncommitted crime, State vs. Haines, 51 A. 731; State vs. Antoine, 42 A. 945. (Verily, in the words of Robert Louis Stevenson's paraphrase of St. Matthew, "man does not live by bread alone, but principally by catch-words." In the quoted cases the maxim announced was made to apply to separate trial of an accessory subsequent to the acquittal of the principal. This unsound application of a sound doctrine is contrary to what was said in State vs. Ryan, 122 La. 1095; State vs. Wheat, 111 La. 873, and to R. S. 1058).

One not present aiding or abetting in the commission of a felony, or near enough to give assistance, if the occasion should arise, but who doth yet procure, counsel or command its commission, is not a principal, but an accessory before the fact, State vs. Poynier, 36 A. 572; State vs. Henderson, 35 A. 45; State vs. Sales, 30 A. 916; State vs. Maxent, 10 A. 744.

Defendant cannot occupy the inconsistent position of denying procurement and of contending that he repented and countermanded the procurement, State vs. Kinchen, 126 La. 39.

Accessories After the Fact.

2215. [R. S. 973.] Whoever shall be convicted as accessory after the fact to any crime or offence shall suffer fine or imprisonment, or both, at the discretion of the court.

One indicted as principal cannot be found guilty as accessory after the fact, State vs. Allen, 37 A. 685; State vs. Desmond, 5 A. 399; but acquittal as principal is no bar to subsequent prosecution as accessory after the fact, State vs. Levy, 5 A. 64.

PUNISHMENT.

2216. [R. S. 974.] The judge shall have the power to sentence any person who may be convicted for a second or third offence to double and triple the penalty imposed by law; and for a fourth offence the person so convicted may be sentenced to perpetual imprisonment.

VIOLATIONS OF MILITIA LAW.

Enlisted Man Taking Property.

2217. [Sec. 57, Act 1912, p. 353.] Any enlisted man taking any government or State property from any armory without the consent of his company commander shall be considered as appropriating government or State property to his own use and may be tried in any court of competent jurisdiction, and on conviction thereof shall suffer a fine in any sum, not exceeding twenty-five ($25.00) dollars, together with the costs of such government or State property, or imprisonment in the parish jail for a period not exceeding thirty days, or shall suffer both such fine and imprisonment at the discretion of the court.

Molesting Militiaman.

2218. [Sec. 65.]

Whoever shall unlawfully molest, insult or abuse any member of the National Guard or Naval Militia while in the performance of his duty, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not to exceed fifty dollars or by imprisonment not to exceed three months, or by both such fine and imprisonment.

Wearing Uniform by Unauthorized Person.

2219. [Sec. 68.] Every person, other than an officer or enlisted man of the active militia of this State, or of any other State, or a member of any service of the United States from whom such uniform has been prescribed by proper authority, or inmate of any veterans' or soldiers' home, or member of the Grand Army of the Republic, of the Sons of Veterans, who at any time wear the uniform of the United States Army or Navy or active militia of this State, or any part of a uniform similar thereto, within the limits of this State, shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine not exceeding fifty dollars, or by imprisonment in the parish jail not exceeding sixty days or by both such fine and imprisonment; provided, that noth

ing in this act shall be construed as prohibiting persons of the theatrical profession from wearing such uniforms in any playhouse or theatre while actually engaged in following said profession, and provided that nothing in this act shall be construed as prohibiting the uniform rank of civil societies parading or traveling in a body or assembling in a lodge room. All money recovered by any action or proceeding under this section shall be paid to the Adjutant General who shall apply same to the use of the active militia of this State.

Process.

2220. [Sec. 122.]

When any lawful process, issued by the proper officer of any court martial, comes to the hands of any sheriff or constable, he shall perform the usual duties of such officer and perform all acts and duties by this act imposed or authorized to be performed by any sheriff or constable.

Violations by Sheriff or Constable.

2221. [Sec. 123.] Any sheriff or constable who refuses or neglects to perform any duty imposed upon him by this act, or to execute any lawful process which shall have been issued by the Governor or proper officer of a court martial shall, upon conviction thereof, in the district court, be deemed guilty of a misdemeanor, and shall be fined not more than five hundred dollars, and may, in the discretion of the court, be imprisoned in the parish jail not exceeding one year.

Clerk of Court Illegally Marking "Exempt."

2222.

[Sec. 125.] Any Clerk of Court who marks "Exempt" any person enrolled as liable to military duty, whom he knows not to be exempt, shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined not more than five hundred dollars, and may, in the discretion of the court, be imprisoned in the parish jail not exceeding one year.

CRIMINAL PROCEEDINGS.

Common Law Adopted.

2223. [R. S. 976.] [R. S. 976.] All crimes, offenses and misdemeanors shall be taken, intended and construed, according to and in conformity with the common law of England; and the forms of in