other person to take from any such bale any part thereof, and to retain the same to his own use, must, on conviction, be fined not less than fifty nor more than one thousand dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than twelve months.

6677. (4765) (3842) (4392) (3726) (179) Taking cotton from bale by person without authority.-Any person who knowingly and unlawfully takes from any bale of cotton any part thereof, without the authority of the owner, consignee, or agent, 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 six months.

6678. (4766) (3843) (4393) (3627) (85) Fraudulent conversion of cotton samples.-Any person who is authorized to sample cotton, and who, with intent to defraud, converts such samples to his own use, or refuses to deliver them on demand to the owner, consignee, or agent, within thirty days after they are taken, unless they have, in the meantime, been destroyed or stolen without his agency, or taken out of his possession by legal process, 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 six months.

6679. (4767) (3844) (4394) (3728) (181) Buying cotton taken from bale without authority, etc.-Any person who, knowingly and with intent to defraud, buys or receives any cotton taken from the bale without the authority of the owner, consignee, or agent, 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 six months.

6680. (4768) (3845) (4395) (3729) (182) Injuring cotton bales by cutting, etc.-Any person who, without the authority of the owner, consignee, or agent, willfully or wantonly cuts, tears, or otherwise opens any bale of cotton, must, on conviction, be fined not 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.

6681. (4769) (3846) (4396) (1165) Penalty on broker purchasing cotton for failure to pay for same.-Any cotton broker, engaged in the business of buying cotton, either on his own account, or for others, who buys, or engages to buy, from a planter or commission merchant any cotton, and fails or refuses to pay for the same at the time agreed upon, and makes way with or disposes of any cotton purchased and not paid for,

is guilty of fraud and embezzlement, and, on conviction, must be imprisoned in the penitentiary not less than one nor more than five years, at the discretion of the jury.

(Feb. 10, 1852, p. 44 § 2.)

6682. (4770) (3847) (4397) Unlawful sampling or removing of cotton, or illegal consideration for sampling.-Any person violating any of the provisions of sections 3731 (1392), 3732 (1393), or 3733 (1394) of this Code, must, on conviction, be fined not less than fifty nor more than one hundred dollars for each offense, one-half of which shall go to the informer; and in prosecutions under this section, the ownership of the cotton need not be alleged or proved.

(Apr. 10, 1873, p. 134.)

6683. (4771) (3848) (4398) (3730) (183) Frauds in packing cotton.-Any person who fraudulently packs or bales any cotton, by plating or otherwise, 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 six months.

Genesis of statute.-Toulmin's Digest, p. 103. A heavy penalty was once prescribed for failure to securely enclose cotton gins; to allow cotton seed to decay upon premises or be deposited in streams. (Aikin's Digest, p. 112, § 69; Clay's Digest, p. 435, § 21.) It is immaterial that the foreign substance is put inside the cotton, or just inside the bagging, nor is it material that it was put there at gin or at the press.-Daniel's case, 61 Ala. 4. Constituents of offense must be charged in indictment definitely and specifically, not ambiguously, nor in slang or vulgarism.-Ib. "Sand-packing" is a term of such general use that it is not ambiguous.--Ib.

6684. (4772) (3849) (4399) (3731) (184) Fraudulently exhibiting false samples.-Any person who fraudulently exhibits any false samples of any cotton, or of any other article or commodity, by means whereof any person is injured, must, on conviction, be fined not less than fifty dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months. (Form 48 [39].)

(Aikin's Digest, p. 112, § 68.) Where the bale from which the cotton is taken contains different grades, and the defendant knew it, it cannot be said as matter of law that he is guilty.-McGee v. State, 117 Ala. 229 (23 So. 797). Indictment charging defendant with "fraudulently exhibiting a false sample by means whereof one 'W.' was injured," is sufficient.-Cowles's case, 50 Ala. 454. There must be proof of injury.-lb.

6685. (4773) (3850) (4357) (1169) Removing cotton subject to lien from state. Any person who removes, or aids in removing from this state, any cotton subject to the lien given by law for the purchase money, with intent to prevent, hinder, or delay the enforcement of such lien, must, on conviction, be impris

Aug. 13,

1907, p. 741, 6.

Aug. 8, 1907. p. 590, §§ 1

and 2.

Aug. 14,

1907, p.

650, $ 1.

lb.. § 2.

Ib.. § 3.

oned in the penitentiary for not less than one, nor more than five years, at the discretion of the jury.

(Feb. 6, 1858, p. 59, § 6.)

6686. Violating laws pertaining to cotton statistics; penalty for.—Any individual, firm, or corporation refusing to comply with the provisions of chapter 71 of this Code, relating to the bureau of cotton statistics, or who shall furnish inaccurate information, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten, dollars nor more than one hundred dollars for each offense. The prosecuting solicitors in this state shall prosecute all violations of said chapter.

6687. Tags, removal from cotton.-Any person, other than the purchaser, whether such person is the owner, in whole or in part, or warehouseman, or other person, except the person purchasing for shipment, who shall remove or destroy the tag placed upon any bale of cotton by the ginner thereof, when said. tag contains the name of the ginner, the name of the party for whom ginned, the gin weight, and the amount due for ginning, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than fifty dollars, which said fine shall be payable only in money.

6688. Owner of cotton, name recorded.-Every person, firm, or corporation who gins cotton for hire or toll, shall keep a book in which they shall register all cotton received at their gins to be ginned in the name of the owner thereof; if known, and if not known, then the ginner shall make due and diligent inquiry of the person who delivers said cotton to be ginned, and record in his book the name of the owner as given, and the name of the person from whom the cotton may be received.

6689. Mark cotton ginned and record mark.-Every person, firm, or corporation who gins cotton in this state for hire or toll, shall mark or label each and every bale ginned by them with appropriate marks of identification, or by the initial letters of the name of the owner, as soon as ginned; and every person, firm, or corporation shall record in a book kept for that purpose, said marks or labels to be kept, together with the name of the owner of said cotton, as known or ascertained, as defined by the preceding section, so that said cotton can be identified; which said book shall be kept open for the inspection of the public.

6690. Penalty for violating the two preceding sections.— Any person, firm, or corporation, who violates any of the provisions of the two preceding sections, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars.

COTTON SEED (weight per bu. thirty-two lbs.) (Political Code)

COTTON SEED MEAL (Political Code)

COUNCIL OF MUNICIPALITIES (Political Code)

COUNSEL (Criminal Code)

COTTON STATISTICS (Political Code)

COUNTERFEITING (Criminal Code)

.3730-3734 ..6671-6690

...... 2439 .49- 50 .113-120

.1192-1198 ..7839-7841

.6909-6919, 7077, 6882

121- 207 .1712-1715 ..3306-3322

.6696-6732, 6655, 6656

146 155

CHAPTER 197.

COUNTY PROPERTY. 6691.

6691. (5598) (4176) (4421) Levying on courthouse or other county property.—Any sheriff, or other officer, who levies upon any courthouse, poorhouse, or other property belonging to any county, must, on conviction, be fined not less than one thousand dollars, and imprisoned in the county jail for not less than twelve months.

COURTHOUSE (Political Code)

.132-135, 139, 175- 207

COURTHOUSES, JAILS, COUNTY BUILDINGS (Political Code) ...128- 145

COURT RECORDS (Civil Code)

.5732-5745

ARTICLE 1.
ARTICLE 2.

ARTICLE 3.
ARTICLE 4.

SECTION.

Criminal Courts in General.

CHAPTER 198.

COURTS. 6692-6745.

CRIMINAL COURTS IN GENERAL. 6692, 6693.

CIRCUIT AND CITY COURTS. 6694, 6695.

COUNTY COURTS, AND PROCEEDINGS THEREIN. 6696-6732. JUSTICES OF THE PEACE, AND PROCEEDINGS BEFORE THEM. 6733-6745.

ARTICLE 1.

CRIMINAL COURTS IN GENERAL. 6692, 6693.

SECTION.

6692. Criminal jurisdiction vested in what courts and officers.

6693. Punishments by the respec tice courts for contempt.

6692. (4589) (4193) (4626) (3928) (380) Criminal jurisdiction vested in what courts and officers.-The criminal jurisdiction of this state is vested in the circuit courts, city courts, county courts, justices of the peace, and such other courts and officers as are by law clothed with criminal jurisdiction.

Origin and history of judicial system.-Toulmin's Digest, pp. 154–206. For original classification of state, see Toulmin's Digest, pp. 106-154. Court having jurisdiction to finally try defendant without power to bind him over to higher tribunal to answer for greater offense for same act.-State v. Blevins, 134 Ala. 213 (32 So. 637). The state cannot elect to prosecute and try a person for a lower grade and then put him on trial for the higher grade of the same offense. State v. Blevins, 134 Ala. 213 (32 So. 637); see Storrs v. State, 129 Ala 101 (29 So. 778); Gunter v. State, 111 Ala. 23 (20 So. 632); Moore v. State, 71 Ala. 307. Jurisdiction of fugitives from justice from other states; extradition proceedings. Ex parte Barker, 87 Ala. 4 (6 So. 7). When express jurisdiction conferred, everything necessary to effectuate it implied.-Ex parte State, 71 Ala. 363. Jurisdiction of county court; if the state prosecute a crime in one phase or aspect, it cannot prosecute for the same criminal act under color of another name.-Moore v. State, 71 Ala. 307. Inherent power of courts to adjourn after opening of term.-Williams's case, 67 Ala. 186.

6693. (4590) (4194) (571, 618, 657, 694, 746, 758) (660, 700, 746, 791, 832, 842) (568, 604, 628, 671, 704, 712) Punishments by the respective courts for contempt.-The courts of this state may punish for contempts by fine and imprisonment, one or both, as follows: The supreme court, by fine not exceeding one hundred dollars, and imprisonment not exceeding ten days; the chancery, circuit, and city courts, by fine not exceeding fifty dollars, and imprisonment not exceeding five days; the courts of probate and county courts and registers in chancery, by fine of not exceeding twenty dollars, and imprisonment not exceeding twenty-four hours; the courts of county commis