BOUNDARIES, MONUMENTS, ETC. 6393.

6393. (5626) (3890) (4422) (3739) (192) Removing or destroying boundary marks, monuments, etc.-Any person who willfully removes or destroys any monument or post, or cuts down, removes, or destroys any tree, or defaces, or alters the marks made on such monument, post, or tree, which monument, post, or tree was erected or used to designate the corner or any other point on the boundary of any lot or tract of land, must, on conviction, be fined not less than fifty, 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 twelve months.

Sep. 26, 1903, p. 281, § 1.

Ib., § 2.

Ib., $3.

[b., § 4.

Ib., § 5.

6394. Boycotting or conspiracy to prevent or interfere with lawful business.-Any two or more persons who conspire together for the purpose of preventing any person, persons, firm, or corporation from carrying on any lawful business within the State of Alabama, or for the purpose of interfering with the same, shall be guilty of a misdemeanor.

6395. Unlawful to interfere with trading by others.-Any person or persons who go near to or loiter about the premises or place of business of any person, firm, or corporation engaged in a lawful business, for the purpose of influencing or inducing others not to trade with, buy from, sell to, or have business dealings with such person, firm, or corporation, or to picket the works or place of business of such other person, firm, or corporation for the purpose of interfering with or injuring any lawful business or enterprise, shall be guilty of a misdemeanor; but nothing herein shall prevent any person from soliciting trade or business for a competitive business.

6396. Unlawful to blacklist, or circulate notice of blacklist. -Any person who prints or circulates any notice of boycott, boycott cards, stickers, dodgers, or unfair lists, publishing or declaring that a boycott or ban exists or has existed or is contemplated against any person, firm, or corporation doing a lawful business, or publishing the name of any judicial officer or other public official upon any blacklist, unfair list, or other similar list because of any lawful act or decision of such official, shall be guilty of a misdemeanor.

6397. Force, threats, or intimidation.-Any person who uses force, threats, or other means of intimidation to prevent any person from engaging in any lawful occupation at any place he or she sees fit, shall be guilty of a misdemeanor.

6398. Maintaining blacklist unlawful.-Any person, firm, or corporation who maintains a blacklist or notifies any other firm or corporation that any person has been blacklisted by

such person, firm, or corporation, or who uses any other similar means to prevent such persons from receiving employment, shall be guilty of a misdemeanor.

281, § 5.

6399. Penalty for violating provisions of chapter.-Any sep. 26, person, firm, or corporation violating any section of this chap- 1903, p. ter must, on conviction, pay a fine of not less than fifty dollars nor more than five hundred dollars, or be imprisoned not to exceed sixty days' hard labor for the county.

6400. (4409) (3913) (4116) (3560) (20) Bribery of executive, legislative, or judicial officers.-Any person who corruptly offers, promises, or gives to any executive, legislative, or judicial officer, after his election or appointment, either before or after he has been qualified, any gift, gratuity, or thing of value, with intent to influence his act, vote, opinion, decision, or judgment, on any cause, matter, or proceeding, which may be then pending, or which may be by law brought before him in his official capacity, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than ten years.

(Clay's Digest, p. 427, § 4.)

6401. (4410) (3914) (4117) (3561) (21) Accepting bribe by such officer. Any executive, legislative, or judicial officer who corruptly accepts, or agrees to accept any gift, or gratuity, or other thing of value, or any promise to make any gift, or to do any act beneficial to such officer, under an agreement, or with an understanding that his act, vote, opinion, decision, or judgment is to be given in any particular manner, or upon any particular side of any cause, question, or proceeding, which is pending, or may be by law brought before him in his official capacity, or that he is to make any particular appointment in his official capacity, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than ten years.

(Clay's Digest, p. 427, § 5.)

6402. (4411) (3915) (4118) (3562) (22) Bribery of ministerial officer, juror, or arbitrator.-Any person who corruptly offers, promises, or gives to any ministerial officer of any court of law or equity in this state, or to any auditor, juror, arbitrator, umpire, or referee, any gift, gratuity, or thing of value, with intent to bias the mind, or influence the decision of such ministerial officer, auditor, juror, arbitrator, umpire, or referee, in relation to any cause or matter which is pending in any of said courts, or before such arbitrator, umpire, or referee, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years. (Form 23.)

(Clay's Digest, p. 428, § 6.) If the offer "is with the intent to bias the mind, or to influence the decision of the juror," the offense is complete.White's case, 103 Ala. 72 (16 So. 63). Drunkenness as a defense, and evidence thereof. Ib. An offer to perform services for juror is sufficient "thing of value."'-Caruthers's case, 74 Ala. 406. A general description of the offense is all that is required.-Caruthers's case, 74 Ala. 406. Offer to bribe was not a felony at common law.-Rivers's case, 97 Ala. 72 (12 So. 434).

6403. (4412) (3916) (4119) (3563) (23) Same; juror, if summoned, need not have been sworn.-To authorize a conviction under the last section for bribing, or offering to bribe a juror, it is not necessary that such juror should have been actually sworn or qualified, but it is sufficient that he had been summoned under legal authority.

(Clay's Digest, p. 428, § 6.)

6404. (4413) (3917) (4120) (3564) (24) Accepting bribe by such officer, juror, etc.-Any ministerial officer of any court, or any person summoned as a juror, or appointed an auditor, arbitrator, umpire, or referee, who corruptly takes, or agrees to take any thing to give his verdict, award, or report, or corruptly receives, or agrees to receive any gift, or gratuity

whatever, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.

(Clay's Digest, p. 428, § 7.) Diggs's case, 49 Ala. 311.

6405. (4414) (3918) (4122) (3566) (26) Bribery of officer to stock jury. Any person who gives, offers, or promises to any sheriff or other officer any gift, gratuity, or thing of value, to induce him to summon a jury or juror with the intent to produce a result favorable to either party in any cause pending in any court, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years. (Clay's Digest, p. 428, § 9.)

6406. (4415) (3919) (4123) (3567) (27) Same; connivance of sheriff at such offense.-Any sheriff who connives at the commission of the offense prohibited by the preceding section, by any constable, bailiff, or deputy sheriff, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.

(Clay's Digest, p. 428, § 8.)

6407. (4416) (3920) (4124) (3568) Bribery to commit offenses. Any person who corruptly gives, offers, or promises any gift, gratuity, or thing of value, to another person, with intent to induce or influence such person to commit any crime or offense punishable as a felony, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than ten years; and if the offense, for the commission of which such bribe is offered, be less than a felony, then the person giving, offering, or promising such bribe must, on conviction, be punished as if he had committed such offense. Form 24 (19).

(Jan. 23, 1866, p. 125.) Offer to bribe another to commit perjury was not a felony at common law; but the constituent elements are the same.-Rivers's case, 97 Ala. 72 (12 So. 434). The indictment must describe the court, and the proceedings thereon and the facts to be sworn to by the witness.-Ib.

p. 438,

6408. Poll tax paid by another; penalty.-Any person who Oct. 9, shall pay the poll tax of another, or advance him money for 1903, p. that purpose in order to influence his vote, shall be guilty of $105. bribery, and, upon conviction, shall be imprisoned in the penitentiary for not less than one nor more than five years. 6409. Accepting bribe by member of legislature.-Any mem- Constituber of the legislature who shall solicit, demand, or receive, or tion 1901, consent to receive, directly or indirectly, for himself or for another, from any company, corporation, association, or person, any money, office, appointment, employment, reward, thing of value, or enjoyment, or personal advantage or

679.