7721. (5473) (3765) (4102) (3549) (9) Unlawful assemblies. -If two or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them must, on conviction, be punished, at the discretion of the jury, by fine and imprisonment in the county jail, or hard labor for the county, for not more than six months.

7722. (5474) (3766) (4103) (3550) (10) Riots and routs.If any persons, unlawfully assembled, demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any dwelling house or other building, or any ship or vessel, they must each be punished, on conviction, at the discretion of the jury, by fine and imprisonment in the county jail, or by imprisonment in the penitentiary, for not less than two nor more than five years. (Form 93 [74].)

7723. (5475) Selling liquor, arms, etc., during riot in city, town, or village. Whenever any mob, riot, or tumult occurs in any city, town, or village, all persons therein who sell intoxicating liquors, arms, ammunition, dynamite, or other explosives, shall immediately close their barrooms, saloons, shops, or other places where such business is carried on, and keep them closed, and refrain from selling, bartering, lending, or giving away any of the articles above mentioned, until such time as public notice shall be given by the sheriff, mayor, or intendant, that such places may be opened and such business carried on; and any person failing to close such barroom, saloon, shop, or other place where any of the businesses above mentioned are carried on, or who sells, barters, or gives away any of the articles mentioned, after knowing, or having good reason to believe, that a riot, mob, or tumult has occurred, or is then going on, shall be guilty of a high misdemeanor, and, on conviction thereof, shall forfeit his license, and forever thereafter be debarred from engaging in such business, and

may be fined not less than five hundred dollars nor more than one thousand dollars, and may also be imprisoned for not more than one year, either or both, at the discretion of the jury trying the case.

(Feb. 28, 1889, p. 99.)

7724. (5476) Violating proclamation prohibiting sale of liquor, arms, etc., in city, town, or village during riot.—Whenever any mob, riot, lockout, or strike or tumult has occurred, or there is reasonable cause to apprehend an outbreak thereof in any city, town, or village, or in the vicinity thereof, the mayor or intendant must immediately issue his proclamation ordering the closing of all the places mentioned in the preceding section and forbidding the selling, lending, giving away, bartering, or otherwise disposing of any of the articles mentioned in the preceding section until such time as, in his judgment, such occupation may be carried on without danger to the public peace and safety; and any person knowingly violating the provisions of such proclamation, or suffering any person in his employ to do so, or conniving with any other person to evade the terms of such proclamation, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than five hundred and not more than one thousand dollars, and may also be imprisoned in the county jail, or put to hard labor for the county, for not exceeding six months, and shall forever thereafter be debarred from engaging in such occupation, either or both, at the discretion of the jury trying the case. (Feb. 28, 1889, p. 99, § 2.)

7725. (5477) Violating order of officer commanding state troops prohibiting sale of liquor, arms, etc.-Whenever any portion of the Alabama state troops are actually on duty by order of the governor, or other civil magistrate, to aid in the enforcement of the laws, the commanding officer of such troops may order the closing of all places where intoxicating liquors, arms, ammunition, dynamite, or other explosives are sold, and forbid the selling, bartering, lending, or giving away of all such articles, so long as any of the troops remain on duty in such city, town, or village, or place in the vicinity thereof, whether any civil officer has forbidden the opening of such places or the doing of such acts or not; and the commanding officer of such troops may continue such order in force until the departure of the troops, although some civil magistrate may have prescribed an earlier date at which such occupation may be carried on; and any person who knowingly violates such order shall, on conviction, forfeit his license, and may also be imprisoned in the county jail, or put to hard labor for

the county, for not more than six months, either or both, at the discretion of the jury trying the case.

(Feb. 28, 1889, p. 99, § 3.)

7726. (5478) Selling liquor to state troops while on duty.— Any person who knowingly sells, gives away, or barters to any officer or member of the state troops any intoxicating liquors in any city, town, or village, wherein such troops are on duty to aid in the enforcement of the laws, without first obtaining a written permit therefor from the commanding officer of such troops, shall, on conviction, forfeit his license, and be fined not more than five hundred dollars, and may also be imprisoned in the county jail, or put to hard labor for the county, for not more than six months, either or both, at the discretion of the jury trying the case. Nothing in this or the three preceding sections shall be construed to prevent any compounder of medicines or apothecary from filling any prescription by any regularly licensed physician for any patient who may, in the judgment of such physician, need such intoxicating liquor; but no such prescription shall be filled unless in writing, stating the name of the patient, and signed by the physician; nor shall said sections be construed to prevent the sale of such wines as may be necessary for sacramental purposes, or to any medical officer of the state troops. Any physician who gives any prescription with the intent to evade the provisions of this chapter shall, on conviction, forfeit his license, and may also be fined not exceeding five hundred dollars.

(Feb. 28, 1889, p. 99, § § 4, 7.)

CROSS REFERENCES.

RIOTS, ROUTS, AND UNLAWFUL ASSEMBLIES (Criminal Code)

RIVERS, STREAMS, ETC.; OFFENSES CONCERNING (Criminal
Code)

.7863-7875

RIVERS, WATERCOURSES, ETC. (Civil Code).
ROAD; LAW OF (Civil Code)..

.6143-6150

5840

(r.c.c.)

CHAPTER 285.

ROADS, BRIDGES AND STREETS, OFFENSES CONCERNING. 7727-7745.

SECTION.

7736. Neglect of duties imposed as to public roads.

7737. Failure to work on public
road after legal notice.
7738. Failure of judge of probate
as to duty concerning public
roads.

7739. Failing to keep in repair, and
to keep closed gates erected
across public roads.
7740. Indictment and proof against
overseer or apportioner.

7741. Refusal of overseer to act
after resignation not ae-
cepted.

7742. Compensation of apportioner
prosecuting overseer.

7743. Evidence on trial of overseer
for neglect of duty.
7744. Order recognizing road is
evidence.

7745. Misdemeanor for driver to
fail to keep to right of road.

7727. (5354) (4095) (4229) (3694) (148) Shooting along or across public road.-Any person who discharges a gun, or any other kind of firearms, along or across any public road, must, on conviction, be fined not less than ten nor more than fifty dollars.

Streets and sidewalks of incorporated cities and towns are public roads within the meaning of the statute.-Gaston v. State, 117 Ala. 162 (23 So. 682). Public road defined.-McDade's case, 95 Ala. 28 (11 So. 375); Harper's case, 109 Ala. 66 (19 So. 901). Proof must show road was public.-Johnson's case, 105 Ala. 113 (17 So. 99).

7728. (5356) (4097) (4229) (3694) (148) Engaging in racing on public highway.—Any person who engages in a horse race, automobile race, motor cycle race, or bicycle race, or who recklessly runs or drives any animal or machine named herein, on any public highway, must, on conviction, be fined not less than ten nor more than fifty dollars. (Form 65 [53].)

Redman's case, 33 Ala. 428.

7729. (5384) (4118) (4248) (1360) (1175) Streets of town out of order for more than ten days; penalty.—In all towns or cities incorporated under any law of this state, if the inhabit

ants are exempt from working on the public roads within the limits thereof, and any of the streets therein are out of repair for more than ten days at any one time, without a reasonable excuse therefor, to be determined by the court, the corporate officers of such town, or any one or more of them, are guilty of a misdemeanor. (Form 106 [85].)

When action lies against municipal corporation on account of injuries caused by defective streets and sidewalks.-Albritton v. Huntsville, 60 Ala. 486; Nowlin's case, 49 Ala. 41.

7730. (5385) (4119) (4245) (1398) (1204) Failure of corporation, etc., to keep road or bridge in good order.—If any corporation or person, authorized by any law of the state to charge toll on any turnpike, plank or macadamized road, watercourse, or bridge or ferry, allows the same to be out of the repair or order contemplated by its charter or such law, for ten days at any one time, without a sufficient excuse, to be determined by the court, the president and directors of such corporation, or the person so authorized, are guilty of a misdemeanor; and on the trial, proof that such road, bridge, or watercourse has been out of such order for ten days at any one time, and that such corporation or person, or any one on the part thereof, charged toll for such road, bridge, or watercourse, and that such president and directors act, or claim to act in that capacity, is presumptive evidence of the existence of such corporation, of a charter or law authorizing toll to be charged, and that the persons so acting, or claiming to act, are the president and directors of such corporation.

7731. (5386) (4120) (4246) (1396) (1203) Permitting bridge to remain out of repair.-When a bridge or causeway has been erected by contract with the county commissioners, with a guarantee by bond or otherwise, that it shall continue safe for the passage of travelers and other persons for a stipulated time, and the contractor knowingly suffers any such bridge or causeway to remain out of repair and unsafe for the passage of travelers and other persons for more than ten days at any one time, during the period stipulated for its safety by the terms of his contract, he must, on conviction, be fined for the use of the county in a sum not less than double the value of the materials and labor necessary to put such bridge or causeway in the state of safety required by the terms of his contract.

Difference between counties and municipal corporations; county a quasi corporation; liability of county to action for damages for negligence depends upon statute.-Askew v. Hale Co., 54 Ala. 639.

7732. (5387) (4121) (4247) (1343) Neglecting or obstructing fords. Any overseer of roads, who fails to keep open and in good condition the existing fords of watercourses at cross