7192. (4947) (4536) (4487) (3785) (237) Who may be confined in jail. In addition to convicts sentenced to imprisonment in the county jail, the jail is used as a prison for the safe keeping or confinement of the following persons: (1) Persons committed for trial for public offenses; (2) convicts sentenced to imprisonment in the penitentiary, until their removal thereto; (3) persons committed for contempt, or on civil process; (4) persons committed on failure to give security for their appearance as witnesses in any criminal case; (5) persons charged with or convicted of a criminal offense against the United States; and (6) all other persons committed thereto by authority of law.

Illegal imprisonment, what is; prisoner sentenced until payment of fine and costs.-Kirby v. State, 62 Ala. 51.

7193. (4948) (4537) (4495) (3795) (247) Commencement of subsequent imprisonment on two or more convictions.When a convict is sentenced to confinement in the county jail on two or more convictions, the imprisonment on the second, and on each subsequent conviction, must commence at the termination of the imprisonment on the preceding sentence.

7194. (4949) (4538) (4488) (3786) (238) Commitments and discharges filed and preserved.-It is the duty of the sheriff, or of the jailer under his direction, to file in regular order, and safely preserve the process or order by which any prisoner is committed to jail, or discharged therefrom, or an attested copy of such process or order.

(Aikin's Digest, p. 343, § 1; Clay's Digest, p. 495, § 1.) Order of judge from the bench acts as mittimus.-State v. McFarland, 121 Ala. 45 (25 So. 625).

7195. (4950) (4539) (4489) (3787) (239) Jail, prisoners, etc., delivered to successor.-On the death, resignation, or removal from office, or expiration of term of office, of any sheriff, or of any coroner acting as sheriff, the jail must be delivered over to his successor, or to the person authorized by law to take charge of it, together with the prisoners therein, the files of commitments and discharges, and everything belonging or appertaining to the jail.

(Aikin's Digest, p. 343, § 1.)

7196. (4951) (4540) (4491) (3789) (241) What prisoners kept separate.-Men and women, except husband and wife, must not be kept in the same room; and white and colored prisoners, before conviction, must also be kept separate and apart, if there be a sufficient number of apartments for that purpose.

(Aikin's Digest, p. 344, § § 2 and 3; Clay's Digest, p. 495, § § 2 and 3; Feb. 12, 1876, p. 285.)

(r.c.c.)

7197. (4952) (4541) (4492) (3790) (242) Support of prisoner furnished by himself or jailer.-Any person committed to jail may furnish his own support, under such precautions as may be adopted by the jailer to prevent escapes; and the jailer must furnish a support to those prisoners who do not provide it for themselves.

7198. (4953) (4542) (4493) (3791) (243) Necessary clothing, medicines, etc., to insolvent prisoners.-Necessary clothing and bedding must be furnished by the sheriff or jailer, at the expense of the county, to those prisoners who are unable to provide them for themselves; and also necessary medicines and medical attention to those who are sick, when they are unable to provide them for themselves.

Liability of county for medical attention to prisoner confined in jail.— Malone v. Escambia Co., 116 Ala. 214 (22 So. 503).

7199. (4954) (4543) (4494) (3792) (244) Prisoners not allowed to receive spirituous liquors.-No person confined in jail must, on any pretext whatever, be furnished with or allowed to receive any spirituous, malt, or vinous liquors, except on the written order of a physician, stating that such liquor is necessary for his health; and any jailer or sheriff or deputy or other person who violates this section shall be guilty of a misdemeanor.

(Aikin's Digest, p. 344, § 4; Clay's Digest, p. 496, § 4.)

7200. (4955) (4544) (4496) (3796) (248) Removal of prisoners on account of fire.-When the county jail, or any building contiguous thereto, is on fire, and there is reason to apprehend that the prisoners may be thereby injured or endangered, the sheriff or jailer may remove them to a safe and convenient place, and confine them there so long as may be necessary to avoid the danger.

7201. (4956) (4545) (4497) (3797) (249) Removal of prisoners in ill health. When the life or health of any prisoner, who is not confined under process from any court of the United States, may be seriously endangered by longer confinement in jail, and that fact is made to appear clearly to any circuit judge, or to the judge of the city or county court of the county, such judge must, by an order in writing, direct the sheriff or jailer to remove him to some suitable place or hospital, as near as may be to the jail, and there safely keep him until his health is sufficiently restored to authorize his recommitment to jail.

7202. (4957) (4546) (4498) (3798) (250) Same; guards summoned. When prisoners are removed from the jail under the provisions of either of the two preceding sections, the

sheriff or jailer has authority, and it is his duty, to summon such guards as may be necessary to insure their safe keeping.

7203. (4958) (4547) (4499) (3799) (251) When jail unsafe, guards summoned to prevent escapes.-When the county jail is insufficient, and there is reason to apprehend an escape, the sheriff has authority, and it is his duty, to summon as many guards as may be necessary to prevent an escape.

(Aikin's Digest, p. 344, § 5; Clay's Digest, p. 496, § 5.)

7204. (4959) (4548) (4500) (3800) (252) Same; commitment to nearest sufficient jail.-In all criminal cases, either before or after conviction, and in cases of contempt, if it is shown to the court, judge, or committing magistrate that the jail of the proper county is insufficient for the safe keeping of the prisoner, or that there is no jail in the county, the commitment must be to the nearest sufficient jail; and the reason of such change must be entered on the minutes of the court, or stated in the warrant, or indorsed thereon, and signed by the magistrate; and the jailer of the county to which the commitment is made must receive and confine the prisoner on such commitment, or a certified copy of such order.

7205. (4960) (4549) Notice of confinement of prisoner in another county.-When any person charged with the commission of any crime is arrested and confined in any county other than that in which he is triable, the sheriff having such person in custody shall at once notify the sheriff of the county in which such person is triable of the fact of such arrest and confinement; and upon the receipt of such notice, the sheriff of the county last named shall apply to the proper authority for an order for the removal of such person to the jail of such county.

(Mar. 1, 1881, p. 11.)

7206. (4961) (4550) (4501) (3801) (253) Removal of prisoners from one jail to another. If the jail of any county is destroyed, or becomes insufficient or unsafe, or any epidemic dangerous to life is prevalent in the vicinity, or there be danger of rescue or lawless violence to any prisoner, any circuit. judge, or the judge of the city or county court of the county may, on the application of the sheriff, and proof of the fact, direct the removal of any prisoner or prisoners to the nearest sufficient jail in any other county; and it is the duty of such judge, in such case, to make an indorsement on the order of process of commitment, stating the reason why such removal is ordered, and to date and sign such indorsement.

(Aikin's Digest, p. 345, § 7; Clay's Digest, p. 496, § 7.)

7207. (4962) (4551) (4502) (3802) (254) Guards summoned; escape of such prisoners.—When it becomes necessary to remove any prisoner from the jail of one county to another, in any case by law provided, the sheriff, or other officer having charge of such prisoner, has authority, and it is his duty, to summon such guards as may be necessary to prevent an escape.

7208. (4963) (4552) (4503) (3803) (255) List of prisoners certified by sheriff to judge.-It is the duty of the sheriff, on the first day of each term of the circuit or city court of his county, to make out and deliver to the presiding judge a certified list of the names of all the prisoners confined in the jail. and of the offenses with which they are charged, or of which they have been convicted, and on failure to do so, is guilty of a misdemeanor.

(Aikin's Digest, p. 346, § 13; Clay's Digest, p. 497, § 13.) Miller's case, 110 Ala. 69 (20 So. 392).

7209. (4964) (4553) (4504) (3804) (256) United States prisoners. The sheriff or jailer must, if the jail of the county is sufficient, receive into his custody any person committed under any criminal charge or offense against the United States, and safely keep such prisoner, according to the order or process of commitment, until duly discharged by law; and he is liable to the same penalties for the escape of such prisoner as for the escape of a prisoner committed under the authority of this state.

(Aikin's Digest, p. 346, § 15; Clay's Digest, p. 498, § 15.)

7210. (4965) (4554) (4505) (3805) (257) Same; marshal liable for fees.-The United States marshal must become individually responsible to the jailer for all the jail fees of any prisoner committed under the authority of the United States, as well as the fifty cents per month for the use of the jail for each prisoner, according to the provisions of the resolution of the Congress of the United States, adopted on the twentysecond day of September, A.D. 1789.

(Aikin's Digest, p. 346, § 16; Clay's Digest, p. 498, § 16.)

7211. (4966) (4555) Sheriff to report prisoners committed and discharged.-When a prisoner is committed to the county jail, it is the duty of the sheriff of such county, in person or by deputy, to report in writing to the clerk of the city or circuit court of such county, within ten days next succeeding the commitment, the name of such prisoner, the day of his entering such jail, and by what authority, and upon what charge committed; and when a prisoner is discharged from, or other

wise leaves such jail, the sheriff shall report to such clerk, within two days next succeeding, the name of such prisoner and by what authority and when he so left or was discharged..

(Feb. 22, 1881, p. 9.) Proceedings before justice of the peace as to final and preliminary jurisdiction.-Boynton v. State, 77 Ala. 29; Exparte Davis, 95 Ala. 9 (11 So. 308). Change of venue, what records must show to confer jurisdiction. Goodloe v. State, 60 Ala. 93.

JAILS, ALMSHOUSES, COTTON MILLS OR FACTORIES, INSPECTION
OF. 7212-7222.

277,00 1

and 9.

7212. Office of inspector, qualifications of officer.-There is Mar. 4. created the office of inspector of jails, almshouses, cotton mills, 1907, p. or factories; the officer or inspector shall be a practicing physician in good standing, learned in the science of sanitation and hygiene, and shall reside at Montgomery and have an office in the capitol.

7213. Inspectors, appointment and term of office. The in- b., § 1. spector shall be appointed by the governor and shall hold office for a term of four years from the date of his appointment, and until his successor is appointed and qualified.

7214. Salary and compensation of inspectors.-The salary b., §2. of the inspector shall be twenty-four hundred dollars annu