deposited with his wife may be guilty of larceny and not of embezzlement.Pullam v. State, 78 Ala. 31. See note to § 6828 (4659). This section applies only to bailments in which the parties stand to each other in a fiduciary relation, the bailee having the possession wholly and exclusively for the benefit of the bailor, and not against hirer of domestic animal, who sells animal during term of bailment.-Watson's case, 70 Ala. 13 (cured by amendment). Defendant having received a horse to keep till it got well, is guilty of embezzlement if he sells horse without owner's consent.-Butler's case, 91 Ala. 87 (9 So. 191). Where bailor and bailee jointly interested in property not within the statute.-Lang's case, 97 Ala. 41 (12 So. 183) (cured by amendment). Allegation that defendant was a private banker sustained by proof that he was a member of partnership doing private banking business.-Carr's case, 104 Ala. 43 (16 So. 155). 6832. (4662) (3798) (4379) (3718) (172) Embezzlement by common carrier.-Any common carrier or other person, to whom any money or property has been delivered to be carried for hire, and who embezzles or fraudulently converts to his own use, or fraudulently secretes with intent to convert to his own use, such money or property, or any part thereof, must be punished, on conviction, as if he had stolen it. (Clay's Digest, p. 421, § 32.) 6833. (4663) (3799) (4381) Embezzlement by county superintendent of education.-Any county superintendent of education to whom any money or property has been delivered as county superintendent of education, who embezzles or fraudulently converts to his own use such money or property, or any part thereof, must be punished, on conviction, as if he had stolen it, and shall forfeit his office. (Feb. 7, 1879, p. 140; Jan. 23, 1875, p. 242.) 6834. (4664) (3800) (4382) Embezzlement by using school money for other than school purposes.-Any person into whose hands, or under whose control, any of the public school money may come, who uses or permits the use of the same, or any part thereof, except for purposes of the public schools, and in accordance with the law regulating the public schools, and providing for the disbursement of the public school money, is guilty of embezzlement, and, on conviction, must be punished as if he had stolen it. (Feb. 7, 1879, p. 140; Feb. 8, 1877, p. 199, art. 8, § 12.) As to application of school funds, see Somerville v. Wood, 115 Ala. 534 (22 So. 476). 6835. (4665) (3801) (4261) (3645) (103) Embezzlement by state treasurer, or person employed in his office. If the state treasurer, or any other person employed in his office, embezzles, or fraudulently converts to his own use, or fraudulently secretes with intent to convert to his own use, any money, property, or effects belonging to the state, and which has come to his possession by virtue of his office or employment, he must be punished, on conviction, as if he had stolen it. (Clay's Digest, p. 422, § 34.) Noble's case, 59 Ala. 73. 6836. (4666) (3802) (4266) Embezzlement by tax collector in failing to make returns and forward tax money.-Any tax collector who fails to make returns and forward the tax money in his hands, from time to time, to the proper authorities, as provided by law, except for good cause, is guilty of embezzlement of public funds, and is liable, on conviction, to a fine of not exceeding ten thousand dollars, and imprisonment in the penitentiary not exceeding two years. (Mar. 6, 1876, p. 43, ch. 6, § 8.) Indictment may allege defendant embezzled "about" a named sum, and proof not required of precise sum alleged. -Britton's case, 77 Ala. 202. Failure to make monthly reports of collections, as required by law, is a felony, irrespective of amounts of default; though failure to make final report and settlement is a misdemeanor.-Ib. The officer is not criminally liable for the acts of his deputy or agent.-Ib. Officer's stub-book and abstract-book of his office admissible against him.-Ib. Judg. ment in civil case against officer and his bondsmen not admissible against him in criminal prosecution.-Ib. 6837. (4667) (3804) Embezzlement by collector of municipal taxes.—Any officer or person charged with the collection of taxes, general or special, for any city, town, or municipal corporation, who embezzles, or fraudulently converts to his own use, or fraudulently secretes with intent to convert to his own use, such taxes, or any portion thereof, must, on conviction, be punished as if he had stolen the same. (Feb. 12, 1879, p. 179.) 6838. (4668) (3803, 3805) (4275, 4389) (3724) Embezzlement by public officers.-Any probate judge, clerk of a court of record, register in chancery, sheriff, coroner, tax collector, county treasurer, trustee of public schools, notary public, justice of the peace, constable, or other public officer, who knowingly converts to his own use, or permits another to use any of the revenue of the state, or of any county thereof, or any money paid into his office, or received by him in his official capacity, is liable to indictment, and, on conviction, must be punished as if he had stolen it. (Dec. 7, 1866, p. 81, § 3; Mar. 6, 1876, p. 43, ch. 10, § 2; Jan. 13, 1877, p. 105.) Probate judge who becomes a defaulter as to money received by virtue of his office may be guilty of embezzlement.-Randolph v. Brown, 115 Ala. 677 (22 So. 524); Vincent v. State, 74 Ala. 274. Liability of register and his bondsmen for deposit of funds in bank.-Mitchell v. Rice, 132 Ala. 120 (31 So. 498). There must be a conversion of revenue to support a conviction under this statute; other funds is not sufficient; a conviction or acquittal under one statute a bar to another prosecution for conversion of same funds. -Monroe v. State, 111 Ala. 15 (20 So. 634). The minute entry of commissioners' court of settlement betweeen court and county treasury, is admissible against treasurer on charge of embezzlement.-Monroe's case; 111 Ala. 15 (20 So. 634). When one prosecution bar to another prosecution for the same fund.-Ib. A probate judge has no authority to make general deposits of public funds in a bank.—Alston's case, 92 Ala. 124 (9 Sọ. 732). The effect of the statutes is to make the officers themselves the sole custodians of the public funds, and to prohibit them from allowing another to use such funds. -Ib. If an officer, having exercised the highest degree of care, is robbed of the specific money of the state, he and his bondsmen are not liable therefor; but if he had exchanged the state's money for other, the rule would be different. Ib.; Houston's case, 78 Ala. 576. Punishment.-Herrington's case, 87 Ala. 1 (5 So. 831). Right to deposit.-Alston's case, 92 Ala. 124 (9 So. 732). Mingling state or county funds with others wrongful.-Ib. 6839. (4669) (3806) Prima facie evidence of embezzlement by tax collector under preceding section.-The failure of any tax collector to pay over or produce any money collected by him, either as state or county taxes, after demand by the state or county treasurer, shall be prima facie evidence against such tax collector of embezzlement by him. (Feb. 17, 1885, p. 48, § 76.) 6840. (4670) (3707) (4387) (3723) (177) Failure of private banker, broker, etc., to pay over money on demand.—Any private banker, commission merchant, factor, broker, attorney, superintendent, general manager, or managing agent of any corporation, or other agent, who sells or disposes of property for another, and refuses, for three days after demand made by the person entitled to the same, his agent, or attorney, to pay the amount to which such person is entitled, must, on conviction, be fined not 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 six months. 6841. (4671) (3808) (4385) (3721) (175) Receiving embezzled property.-Any person who buys or receives property, knowing that it has been embezzled or fraudulently converted, or fraudulently secreted with intent to prevent the recovery thereof, or to defraud the rightful owner, must be punished, on conviction, as if he had stolen it. (Clay's Digest, p. 422, § 36.) 6842. (4672) (3809) (4386) (3922) (176) Conviction of receiver before embezzler.-An offender may be tried and convicted under the preceding section, although the person who embezzled the property has not been tried and convicted. 6843. (4673) (3810) (4811) (4137) (587) Description of property in indictments.-In an indictment for embezzlement or other offense under this chapter, it is sufficient to describe the property in general terms, as "money," "bank notes," "checks," "bills of exchange," or other evidence of debt, of or about a certain amount. (Form 49 [40].) (Clay's Digest, p. 422, § 35.) Defendant may show that funds alleged to be embezzled were applied to discharge obligations due from the principal.— Walker v. State, 117 Ala. 42 (23 So. 149). Indictment need not describe the character, kind, or define amount of money alleged to have been embezzled.Walker v. State, 117 Ala. 42 (23 So. 149). Offense can be committed only by the conversion of money which officer collected from the taxpayer.-Noble v. State, 59 Ala. 73. Indictment following Code form under this section sufficient.-Lang's case, 97 Ala. 41 (12 So. 183). A count in an indictment for embezzlement which, after following Code form, adds, "which said money had come into the possession of the defendant by virtue of a bailment for the mutual benefit of the bailor and defendant" is bad on demurrer.-Lang's case, 97 Ala. 41 (12 So. 183). Indictment for "money to about the amount of $150.00'' is sufficient.-Huffman's case, 89 Ala. 33 (8 So. 28). Indictment alleging embezzlement of "eighty ($80.00) dollars in money, currency of U. S.," is sufficient.-Gady's case, 83 Ala. 51 (3 So. 429). CROSS REFERENCES. EMBEZZLEMENT (Criminal Code) .6828-6843, 6681, 7327 CHAPTER 210. EMIGRANT AGENTS. 6844. (See Sections 6854, 6855.) 344, § 4. 6844. Emigrant agent doing business without a license; Oct. 1, penalty for.-Any person doing the business of an emigrant 1903, p agent without having first obtained a license as required by law, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than five hundred dollars and not more than five thousand dollars, or may be imprisoned in the county jail or sentenced to hard labor for the county for not less than four months nor more than one year, within the discretion of the court. Act to prohibit or regulate emigrant agents not in violation of this statute.-Kendrick v. State, 142 Ala. 43 (39 So. 203). CROSS REFERENCES. EMIGRANT AGENTS (Criminal Code) EMINENT DOMAIN (Civil Code) EMINENT DOMAIN MUNICIPALITIES (Political Code) 6844 .3860-3909 .1439-1442 " Amended, 1907, p. 636, § 1. CHAPTER 211. EMPLOYERS AND EMPLOYES, MASTER AND SERVANT, CONTRACTS 6845-6857. 6851. Same; evidence of enticement. 6852. Master violating duty to apprentice. 6853. Enticing away, and giving supplies, etc., to apprentice. 6854. Enticing away immigrant from employer. 6855. Immigrant leaving service without payment of ad vances. 6856. Preventing persons from en- etc. 6845. (4730) (3812) Contract for performance of act or Aug. 15, service. Any person who, with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act or service, and thereby obtains money or other personal property from such employer, and with like intent, and without just cause, and without refunding such money, or paying for such property, refuses or fails to perform such act or service, must, on conviction, be punished by a fine in double the damage suffered by the injured party, but not more than three hundred dollars, one-half of said fine to go to the county and one-half to the party injured; and any person who, with intent to injure or defraud his landlord, enters into any contract in writing for the rent of land, and thereby obtains any money or other personal property from such landlord, and with like intent, without just cause, and without refunding such money, or paying for such property, refuses or fails to cultivate such land, or to comply with his contract relative thereto, must, on conviction, be punished by a fine in double the damage suffered by the injured party, but not more than three hundred dollars, one-half of said fine to go to the county, and one-half to the party injured. And the refusal of any person who enters into such contract to perform such act or service, or to cultivate such lands, or refund such money, or pay for such property, without just cause, shall be prima facie evidence of the intent to injure his employer or landlord or to defraud him. (Feb. 17, 1885, p. 142.) This section as amended, Act 1903, p. 345, is constitutional.-State v. Thomas, 144 Ala. 77 (40 So. 271). The effect of this |