into the county treasury; and the interest thereon, not exceeding the yearly sum directed to be paid by the court, must be paid to the judge of probate for the support and education of the child. 6384. (4401) (4862) (4088) (4413) (3816) Such payment not made after giving bond.-But such payment must not be made after the defendant gives the bond required by section 6376 (4393). 6385. (4402) (4863) (4089) (4414) (3817) Guardian appointed to receive child's money.-The judge of probate must appoint a guardian for such child, and, upon his giving bond and security as other guardians, the amount received by the judge of probate must be paid to him. (Aikin's Digest, p. 77, § 7; Clay's Digest, p. 134, § 7.) 6386. (4403) (4864) (4090) (4415) (3818) Death of child or marriage of parents; effect of. If the child is not born alive, or if, being born alive, it dies, or on the marriage of the mother and reputed father, on the ascertainment of such facts by the judge of probate, on motion to the court, and proof thereof, an entry of record must be made thereof, and the bond be declared void, the judgment vacated, the defendant discharged, and the portion of such judgment paid into the county treasury must be paid, on the certificate of the clerk of the circuit court of the vacation of such judgment, to the defendant. (Aikin's Digest, p. 77, § 6; Clay's Digest, p. 134, § 6.) Death of child pending proceedings was held no ground for motion to dismiss, but good for plea puis darrein continuance.-Satterwhite's case, 32 Ala. 578. Not neces sary, on appeal, that record should disclose that child was living at time of judgment. Trawick v. Davis, 4 Ala. 328. Marriage of woman does not ipso facto abate proceedings.-Berryman's case, 9 Ala. 455. Nor is marriage inferred from change of name in subsequent proceedings.-Ib. 6387. (4404) (4865) (4091) (4416) (3819) Complainant pays cost on verdict for defendant.-In case the issue provided for by section 6373 (4390) is found against the complainant, judgment for costs must be rendered against her. (Aikin's Digest, p. 77, § 5; Clay's Digest, p. 134, § 5.) 6388. (4405) (4866) (4093) (4418) (3821) Either party may appeal; security for costs, execution, etc.-Either party may appeal to the supreme court within thirty days after judgment. If the appeal is taken by the state, the complainant must give security for the costs of the appeal, if the judgment is affirmed; and the defendant, also, if the appeal is taken by him, must give the same security, to be approved by the clerk of the circuit court, the names of the sureties certified with the record to the appellate court, and execution may issue for the costs of the appeal against them from such court, if the judgment of the circuit court is affirmed. But when either the complainant or defendant makes affidavit that she or he is unable, after diligent effort, to make the appeal bond, they may appeal without any bond. The security not required to be in any prescribed form; may be either a bond or simple acknowledgment in writing.-Satterwhite's case, 28 Ala. 68, explaining Williams's case, 26 Ala. 85, where the bond was held defective. Misdescription of judgment would be fatal; what omission may be supplied by comparison with clerk's certificate, or other parts of record.-Ib. 68. When supreme court will not reverse because evidence set out in bill of exceptions fails to show that complainant was a single or unmarried woman.-Dorgan's case, 72 Ala. 175. CROSS REFERENCES. BASTARDY (Criminal Code) BATTERY (Civil Code) BEACON-LIGHT (Criminal Code) BEANS (Political Code) BEASTALITY (Criminal Code) BELL (Civil Code) BENEFICIARY (Civil Code) BENEFIT OF CLERGY (Criminal Code) BENEFIT AND MUTUAL AID ASSOCIATIONS (Civil Code). .6364-6388 .3255, 4641, 4835 7870 2439 6746 5473 .2489, 2490, 2495 3564-3588 7621 .3613-3616 .1359-1420 6987-6991 .3338-3344 6389. Bigamy, and bigamous co- 6390. Same; exceptions. habitation; punishment of. 6389. (4406) (4016) (4185) (3599) (58) Bigamy, and bigamous cohabitation; punishment of.-If any person, having a former wife or husband living, marries another, or continues to cohabit with such second husband or wife in this state, he or she must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than five years. Form 22 (18). (Aikin's Digest, p. 107, § 34; Clay's Digest, p. 432, § 4.) As to the ordinance of the convention of November 30, 1867, relative to marriage between freedmen and bond women, see McConico v. State, 49 Ala. 6. Statute originally. enacted as part of Penal Code of 1841, Clay's Digest, 432. The law intends to preserve and promote the institution of marriage; to prohibit false pretense or assumption of its existence, and to prevent public scandal and disgrace.-Cox v. State, 117 Ala. 103 (23 So. 806). What intercourse necessary to constitute offense.-Cox v. State, 117 Ala. 103 (23 So. 806). Marriage may be proven by circumstances; witness may testify that parties lived together as man and wife.-Bynon v. State, 117 Ala. 80 (23 So. 640). Where the husband obtains a divorce, but there is no decretal order allowing the wife to remarry, a subsequent marriage by her is bigamous.-Barfield v. Barfield, 139 Ala. 290 (35 So. 884). Certified transcript of the license and of the solemnization of the rites by a minister are admissible to prove mar riage. Confidential communications between attorney and client to prove marriage. The intent necessary to the crime is the intent to do an act which is unlawful; there need be no specific intent to violate the law.—Eldridge v. State, 126 Ala. 63 (28 So. 580); Jones v. State, 67 Ala. 84. Two distinct offenses created by the statute.-Brewer's case, 59 Ala. 101; Beggs's case, 55 Ala. 108. Bigamy is committed by illegal second marriage without cohabitation, and is indictable only in county of second marriage.-Brewer's case, 59 Ala. 101; Beggs's case, 55 Ala. 108; Williams's case, 44 Ala. 24. While subsequent cohabitation is indictable in any county where committed.-Beggs's case, 55 Ala. 108; Brewer's case, 59 Ala. 101. But conviction of bigamy is not allowed on proof of subsequent cohabitation only, when second marriage took place in another county or state.-Beggs's case, 55 Ala. 108. What person guilty of bigamy.-Jones's case, 67 Ala. 84. Acquittal of bigamy no bar to indictment for subsequent cohabitation.-Brewer's case, 59 Ala. 101. Intent; what necessary.-Dotson's case, 62 Ala. 141. Marriage by infant under age of consent being voidable only, is a marriage in fact until disaffirmed. Beggs's case, 55 Ala. 108; Cooley's case, Ib. 162. Marriage under duress or fear may be void, but not if fear be of prosecution for bastardy.— Williams's case, 44 Ala. 24. Oral proof of marriage admissible.-Brewer's case, 59 Ala. 101. Unsworn bill for divorce inadmissible.-Cooley's case, 55 Ala. 162. Certified transcript of marriage license, with certificate of solemniza tion of marriage, admissible without official seal.-Beggs's case, 55 Ala. 108. First marriage proved by cohabitation and confession without the record or a witness to it.-Langtry's case, 30 Ala. 536; Williams's case, 54 Ala. 131. But see Brown's case, 52 Ala. 338. But such proof cannot make a void mar riage valid.-Williams's case, 44 Ala. 24. Proof of marriage in another state by confession made there or here.-Williams's case, 54 Ala. 131. First and lawful wife incompetent witness against the husband.-Williams's case, 44 Ala. 24; Salter's case, 92 Ala. 68 (9 So. 550). But the second wife, so called. is competent.-Salter's case, supra. Rumor or belief that former husband or wife is dead, no defense.-Jones's case, 67 Ala. 84. A marriage solemnized without a valid license, not followed by cohabitation is void.-Ashley's case, 109 Ala. 48 (19 So. 917). The issuance of marriage license by the judge of probate, while it is a ministerial act, involves discretion, and the power cannot be delegated, except to a qualified clerk of such office.-Ib. Indictment must aver that second marriage was "unlawful," "having a former wife living" is insufficient.-Parker's case, 77 Ala. 47. The fact of the former marriage, and that first wife was living at time of second marriage, must be proved; but each may be proved by confessions, or circumstantial evidence.-Parker's case, 77 Ala. 47. 6390. (4407) (4017) (4186) (3600) (59) Same; exceptions. -The provisions of the preceding section do not apply to any person who, prior to such second marriage, had procured a decree from a court of competent jurisdiction, dissolving his or her former marriage, and allowing him or her the privilege of marrying again; nor to any person who, at the time of such second marriage, did not know that his or her former husband or wife was living, and whose former husband or wife had remained absent from him or her for the last five years preceding such second marriage. (Clay's Digest, p. 432, § 5.) There need be no direct proof that the first wife is alive at the time of second marriage.-Eldridge v. State, 126 Ala. 63 (28 So. 580). That defendant tried to find out if his first wife was dead and that he received a letter from her brother that she was dead before he married the second time is immaterial because no defense.-Rand v. State, 129 Ala. 119 (29 So. 844). That the former husband had been absent for more than a year and that the wife had heard that he was dead; that it was currently reported and believed that he was dead, is no defense.-Jones v. State, 67 Ala. 84. If defendant left his wife in another state, her continued residence there is not "absence" within meaning of this section.-Parker's case, 77 Ala. 47. BILLS OF EXCHANGE and PROMISSORY NOTES (Civil Code).. 6391. (4408) Levying blackmail.--Any person who shall levy, or attempt to levy blackmail on another, by making, threatening to make, or attempting to make any disclosure, oral or written, or by publication, injurious to the character of any person for the purpose of getting money or other benefit, or maliciously for the purpose of revenge and having a tendency to create a breach of the peace, must, on conviction, be punished by a fine not exceeding one thousand dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, not exceeding twelve months. (Feb. 18, 1895, p. 883.) CROSS REFERENCES. BLACKMAIL (Criminal Code) BLACKSMITHS AND WOOD-WORKMEN (Civil Codee) BOARD OF DENTAL EXAMINERS (Political Code) BOARD OF EDUCATION (Political Code) BOARD OF MEDICAL EXAMINERS (Political Code). BOARD OF PUBLIC WORKS (Political Code) BOARD OF LODGING (Criminal Code) BOARDS OF HEALTH (Political Code) 6391 .4785-4789 213, 2359, 578, 1647 3278 .4728, 4729 1943-1948 3758, 2523 .4827, 4828 .219-221 1713 et seq. .1626, 1632 1618, 1621 1233-1250 6934 .698 et seq. .4810-4813 CHAPTER 174. BOATS, CANOES, SKIFFS, ETC. 6392. 6392. (5625) (3889) (4413) (3735) (188) Injuring, breaking, or taking boat from its mooring.-Any person who unlawfully or maliciously injures, breaks, cuts off, or carries away from its mooring or landing any ferry-boat, flatboat, canoe, or other vessel, the property of another, must, on conviction, be fined not less than twenty, nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months; and the fine goes to the injured party. Toulmin's Digest, pp. 72-75. (Aikin's Digest, p. 112, § 72; p. 426, § 1; Clay's Digest, p. 417, § 4; Feb. 13, 1875, p. 260.) BONDS OF STATE, FUNDING; WHEN PAYABLE (Political Code).... 82 BONDS, OFFICIAL (Political Code) 1483-1506 |