436 CRIMES AND PUNISHMENTS. [ART. 27

1908, ch. 248.

400. The conductors or managers on all railways shall have power,
and are hereby required to assign to each white or colored person, his or
her respective seat in said car, coach or compartment, and should any
passenger refuse to occupy the seat to which he or she may be assigned
by the conductor or manager, said conductor or manager shall have the.
right to refuse to carry such passenger on his car or coach, and may put
such passenger off his car or coach, and for such refusal or putting off
the car or coach neither the conductor, manager or railway company or
corporation or person owning or operating the same shall be liable to
damages in any court, and the passenger so refusing to occupy the desig-
nated seat to which he or she may be assigned, shall be deemed guilty
of a misdemeanor, and on indictment and conviction thereof, shall be
fined not more than fifty dollars, or be confined in jail not more than
thirty days, or both, in the discretion of the court, for each offense.

1908, ch. 248.

401. Any conductor or manager on any railway who shall upon re-
quest, refuse to perform the duties imposed upon him by sections 398,
to 403, shall be deemed guilty of a misdemeanor, and upon indictment
and conviction thereof shall be fined not more than twenty dollars for
each offense.

1908, ch. 248.

402. When the seats in any car, coach or compartment shall all be
occupied, but not filled, and the increased number of passengers can not:
be accommodated with separate seats, the conductor or manager in
charge of such car or coach is hereby authorized to assign passengers of
the same color to the vacant seats, and he can, with the permission and
consent of the occupant, assign a passenger of the other color to the unoc-
cupied seats, but not otherwise.

1908, ch. 248.

403. The provisions of sections 398 to 403 shall not apply to per-
sons employed as nurses or valets when accompanying those needing
their attention.

Perjury.

1904, art. 27, sec. 356. 1888, art. 27, sec. 226. 1860, art. 30, sec. 155. 1692, ch. 16.

sec. 4. 1809, ch. 138, sec. 8. 1828, ch. 165. sec. 6.

1858, ch. 414, sec. 10.

404. An oath or affirmation, if made wilfully and falsely in any of
the following cases, shall be deemed perjury: First, in all cases where
false swearing would be perjury at common law; secondly, in all affi-
davits required by law to be taken; thirdly, all affidavits to accounts or-
claims made for the purpose of inducing any court or officer to pass,
such accounts or claims; fourthly, all affidavits required to be made to.
reports and returns made to the general assembly or any officer of the
government.

Perjury is the willful making under oath in a judicial proceeding of a
false statement material to the issue. The competency of the person admin-