Any person who shall without due authority exercise or attempt to exercise the functions of or hold himself out to any one as a deputy sheriff, marshal, policeman, constable or peace officer, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be imprisoned for any period not more than one (1) year, to which may be added a fine not exceeding One Hundred Dollars ($100.00): Provided, However,that this section shall not be so construed as to prevent private persons from making arrests for felonies or misdemeanors committed in their presence.

R.L. 1910, § 2147.