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Miscellaneous Offenses Concerning.

Feb. 23, 1899, p. 136. § 17.

Ib., § 11.

Sep. 30.

1903, p. 265, § 3.

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7412. Claim for medical supplies.-Any one filing a false or fictitious claim with the adjutant general for necessary medicine, bandages, surgical instruments, or other articles which may be necessary for taking care of troops while in active service, shall be guilty of a misdemeanor, and shall, on conviction, be fined not more than one hundred dollars, and may be imprisoned in the county jail for a period of sixty days, either or both.

7413. Unlawful possession of military property; penalty for. -Any person who sells, purchases, retains, or has in his possession or custody, without right, any military property belonging to the state or any regiment, squadron, or battalion or company, troop, or battery of the Alabama National Guard, who, after proper demand, refuses to deliver the same to any officer entitled to take possession thereof, is guilty of a misdemeanor; and any person belonging to the Alabama National Guard who, contrary to the lawful order of the proper officer, retains in his possession or control any military property of the state, is guilty of a misdemeanor; and any commanding officer may take possession of such military property mentioned in this section, wherever the same may be found.

7414. Failure to appear at court martial and testify; penalty for.-Any person failing to appear at any court martial in this state and testify in accordance with the subpoena issued by such court martial, without lawful excuse, is guilty of a misdemeanor, and shall, upon conviction, be fined not more than one hundred dollars, and may be imprisoned not more than sixty days in the county jail, either or both.

7415. (5138) (3965) (536) (631) (556) Failure of certain military officers to make report as to public arms.—Any quartermaster general, brigade quartermaster, or adjutant general who fails to make any report required of him by law concerning public arms and accoutrements, must, on conviction, be fined not less than fifty dollars.

7416. (5602) (4177) Wearing military insignia of rank without being commissioned.-Any person not being duly commissioned who wears the insignia of rank of any officer of the Alabama state troops must, on conviction, be fined not less than fifty dollars.

(Mar. 1, 1881, p. 103, § 1.)

7417. (5603) Unauthorized military organizations.—Any two or more persons, whether with or without uniform, who associate, assemble, or congregate together by or under any name in military capacity for the purpose of drilling, parading, or marching at any time or place, or otherwise take up or bear arms in any such capacity, without the authority of the governor, must, on conviction, be fined not more than one thousand dollars. This section does not apply to any school or college where military tactics are taught, nor to the order of Knights Templar, Knights of Pythias, or Patriarchs Mili

tant.

(Feb. 28, 1889, p. 82.)

CROSS REFERENCES.

MILITIA; MILITARY; STATE TROOPS (Political Code)...

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...929 et seq.

.7396-7417, 7546 .3888-3909

.4892, 4893, 3888-3909 7823

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7418. (5409) Willful or negligent violation of law and rules pertaining to mining.—Any person who willfully and intentionally injures any shaft, safety lamp, instrument, air course, or brattice, or obstructs or throws open any airway in any coal or ore mine; or carries matches or a pipe or other smoker's

article beyond any station inside of which locked safety lamps are used in such mine; or injures any part of the machinery therein, or opens a door therein and fails to immediately close the same, or opens any doorway therein, the opening of which is forbidden by the inspector of mines; or uses in such mine any oil in a lamp not known to be of the best quality of miners' oil; or does any act whereby the life or health of any person or the security of the mine or machinery is endangered; or neglects or refuses to perform any of the duties required of him by the provisions of chapter 30 (78) of this Code, or violates any of the provisions thereof; or who pulls down, injures, or defaces any posted abstract of the law or rules and regulations pertaining to mining, must, on conviction, be fined not more than two hundred and 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.

(Feb. 18, 1895, p. 1230, § § 21, 26.)

7419. (5410) Mine operator failing to have ore or coal accurately and correctly weighed.-Any person or corporation operating any ore or coal mine in which miners or other laborers are employed to mine or cut ore or coal for a compensation to be determined by the weight of the ore or coal mined or cut, who fails to weigh, or cause to be weighed, accurately and correctly, any ore or coal so mined or cut by such miners or laborers, must, on conviction, be fined for each offense not less than ten dollars nor more than one hundred dollars.

(Dec. 17, 1894, p. 245, § § 1, 3.)

7420. (5411) Mine owner or operator refusing to permit inspection of mine by adjacent owner.-Any owner, operator, or manager of any coal or ore mine who refuses to permit an adjacent owner or lessee of land, or a competent engineer selected by him, to enter and inspect such mine for the purpose of ascertaining whether the same is being so worked as to encroach upon the land of such adjacent owner or lessee, must, on conviction, be fined not more than one hundred dollars. (Feb. 28, 1893, p. 331, § § 1, 2.)

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MINORS AND WIDOWS; EXEMPTIONS (Civil Code).
MINORS; DISABILITIES OF NON-AGE (Civil Code).
MINUTES (Civil Code)

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.4337-4481, 2485

.6446, 6896, 7354, 7370

.4205-4230

.4505-4511

.5732, 5733

7421. Marriage, adultery, and fornication between white persons and negroes.

7422. Officer issuing license or performing marriage ceremony.

7421. (5096) (4018) (4189) (3602) (61) Marriage, adultery, and fornication between white persons and negroes.-If any white person and any negro, or the descendant of any negro, to the third generation, inclusive, though one ancestor of each generation was a white person, intermarry, or live in adultery or fornication with each other, each of them must, on conviction, be imprisoned in the penitentiary for not less than two nor more than seven years. (Form 75).

Constitutionality of this section discussed.-Ellis' case, 42 Ala. 525; Burns's case, 48 Ala. 195; Ford's case, 53 Ala. 151; Pace's case, 69 Ala. 231; Green's case, 58 Ala. 190 (overruling Burns's case, 48 Ala. 195). Held not violative of fourteenth amendment to constitution of United State.-Pace's case, 69 Ala. 231. Power of state over marriage.-Green's case, 58 Ala. 190. Marriage between white and negro absolutely void.-Hoover's case, 59 Ala. 57. Sufficient indictment in Pace's case, 69 Ala. 231. Evidence that probate judge told parties they could lawfully marry, inadmissible.-Hoover's case, 59 Ala. 57. On failure to prove averments of race, etc., verdict may be for misdemeanor, which would bar subsequent prosecution for felony.-Bryant's case, 76 Ala. 33. Indictment sufficient which charges that B., a negro man, and L., a white woman, did intermarry, or live in adultery or fornication with each other.Linton's case, 88 Ala. 216 (7 So. 261). The word "negro" includes "mulatto."-Ib. Character of the woman for chastity is not admissible as evidence.-Ib. A living together in adultery for one day is sufficient.-Ib. Profert of party not on trial.-Ib. That defendant was "foolishly fond of women' not admissible, though his general character be in issue.-Cauley's case, 92 Ala. 71 (9 So. 456). A creole implies a person of mixed African and European blood; a statement that a woman was a creole may imply that she is a negress or a mulatto. (This is a popular but erroneous definition sometimes applied to the word.)—Parker v. State, 118 Ala. 655 (23 So. 664). Where defendants are indicted and tried jointly, admissions or confessions by one may be admissible though not made in the presence of the other. Effect of intent to continue illicit relations.-McAlpine v. State, 117 Ala. 93 (23 So. 130). Marriage may be proven by cohabitation and confession of the parties. Green v. State, 59 Ala. 68.

7422. (5097) (4019) (4190) (3603) (62) Officer issuing license or performing marriage ceremony.-Any probate

judge who issues a license for the marriage of any persons who are prohibited by the preceding section from intermarrying, knowing that they are within the provisions of that section; and any justice of the peace, minister of the gospel, or other person by law authorized to solemnize the rites of matrimony, who performs a marriage ceremony for such persons, knowing that they are within the provisions of such section, must each, on conviction, be fined not less than one hundred 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 six months.

Statute not unconstitutional.-Green v. State, 58 Ala. 190 (overruling Burns v. State, 48 Ala. 195). What rights are conferred by citizenship under the fourteenth amendment to the federal constitution.—Ib.

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MONOPOLIES, TRUSTS, AND COMBINES (Criminal Code).....7579-7582

MONTGOMERY, COUNTY OF (Civil Code).

.5928-5930, 6113, 6114

MONTH (Political Code)...

MONUMENT COMMISSION (Political Code)..

.8, 1759 .1039-1045

MORTGAGED PROPERTY (Disposing of Property Unlawfully) (Crim

inal Code)..

MORTGAGES (Civil Code)..

....7342, 7343, 7423 .4894-4900, 3359 et seq., 4160

CHAPTER 257.

MORTGAGES, SELLING OR DISPOSING OF MORTGAGED PROPERTY FRAUDULENTLY. 7423.

7423. (4758) (3836) (4354) Selling mortgaged property.— Any person who sells or conveys any personal property, upon which he has given a written mortgage, lien, or deed of trust, and which is then unsatisfied, in whole or in part, without first obtaining the consent of the lawful holder thereof to such

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