papers. Any probate judge, clerk of the circuit court, or register. in chancery, who fails to subscribe for, take, file, cause to be bound, and safely keep in his office weekly newspapers, as required by law, must, on conviction, be fined not less than fifty dollars; and one conviction shall not bar a subsequent conviction for a continuing neglect.

5142 (3957) (4167) (2870). Failure of sheriff to make deed of land.-Any sheriff, who, having made sale of real estate, or any interest therein, under legal process, after payment of the purchasemoney and on demand of the purchaser, and payment or tender of the proper fees, fails to execute a conveyance to the purchaser, must, on conviction, be fined not less than one hundred dollars.

5143 (3958) (4167) (2870). Failure of register in chancery or commissioner to make deed of land.-Any register in chancery, or commissioner, who, having made sale of any real estate, or any interest therein, under any decree of the chancery or probate court, after the order of the court authorizing it, fails, on demand, to execute a conveyance to the purchaser, must, on conviction, be fined. not less than one hundred dollars.

5144 (3959) (4175). Failure to keep direct and reverse indexes. Any probate judge, clerk of the circuit or city court, or register in chancery, who fails to keep direct and reverse indexes of all books. and records in his office, as required by law to be kept, must, on conviction be fined not more than five hundred dollars.

5145 (3947) (4173) (812) (685). Willful neglect of duty by judge of probate.-Any judge of probate, who knowingly and willfully does any act contrary to the duties of his office, or knowingly .omits or refuses to perform any duty required of him by law, must, on conviction, be fined not more than two hundred dollars, if there be no other punishment prescribed for such act or omission, and be removed from office.

5146 (3950) (4159) (773) (653). Neglect of duty by clerk or register. Any clerk of any court of record, or register in chancery, who fails to perform any duty imposed on him, for the failure to perform which no other punishment is provided, must, on conviction, be fined not exceeding two hundred dollars.

Chapman's case, 73 Ala. 20.

5147 (3939) (4264) (932) (797). Failure of duty by county treasurer. Any county treasurer, who fails to discharge any duty required of him by law, is guilty of a misdemeanor.

ARTICLE 2.

OFFENSES BY OFFICERS CONCERNED IN COLLECTING THE REVENUES OF

THE STATE.

5148 (3900). Failure of assessor or collector to list, etc., persons liable to poll-tax.-Any tax-assessor, who fails to note on each assessment-list the township and range in which each person liable

for poll-tax resides, or to note the number of each race in each township liable to poll-tax, as required by law, or any tax-collector who fails to keep a separate account of the amount of poll-tax paid by persons of the respective races in each township, or who fails to furnish a statement thereof to the county superintendent of education, on payment of such poll-tax to him, as required by law, must, on conviction, be fined not less than one hundred dollars.

5149 (8904) (4278). Failure of tax-assessor or deputy to administer oath to taxpayer.-Any tax-assessor or deputy tax-assessor who returns the tax-list of any taxpayer as having been sworn to by such taxpayer when in fact it was not sworn to, is guilty of a misdemeanor. This section must be given in special charge to the grand jury, and it is their duty, whenever the evidence justifies it, to return an indictment against such tax-assessor or deputy tax

assessor.

5150 (3905, 3898) (4276). Failure or neglect of duty under revenue law not otherwise provided.-Any officer, on whom any duty is imposed by the revenue law, who fails or neglects to perform such duty, if there is no other punishment provided for such failure or neglect, must, on conviction, be fined not less than twenty, nor more than one thousand dollars.

5151 (3901) (4271). Dealing in state securities.-Any tax-collector, or other person engaged in collecting the revenues of the state, who buys, sells, or otherwise trades in state warrants, state certificates, or other securities of the state, must, on conviction, be imprisoned in the penitentiary for not less than one, nor more than five years, and fined not less than fifty, nor more than one thousand dollars, one or both, at the discretion of the court.

ARTICLE 3.

BUYING, SELLING, ILLEGALLY ASSUMING AND WRONGFULLY HOLDING
OFFICE.

5152 (3967) (4171). Bargaining away and bargaining for office or deputation thereof.-Any person elected or appointed to any office, state, county, or municipal, who bargains away such office, or corruptly bargains away any deputation thereof, or any person bargaining with such officer for such office, or corruptly bargaining with him for any deputation thereof, must, 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 less than six, nor more than twelve months.

5153 (3968) (4168) (145) (106). Assuming office by one ineligible. Any person, being disqualified by law, who, by election or appointment, enters upon any public office, must, on conviction, be fined not less than one hundred dollars.

5154 (3938) (153) (148) (109). Exercising duties of office without obtaining commission.-Any state or county officer required by law to be commissioned, who exercises any of the duties of the office to which he has been elected or appointed, without having first obtained his commission, must, on conviction, be fined not less than five, nor more than twenty dollars.

5155 (3951) (4160) (156) (117). Failing to take and file oath. Any officer or deputy required by law to take and file an oath of office, who enters upon the duties of his office, without first taking and filing such oath in the proper office, must, on conviction, be fined not less than two hundred dollars.

5156 (3952) (4161) (166) (127). Acting officially before filing bond. Any public officer required by law to give bond, who performs any official act before his bond is approved and filed, as required by law, must, on conviction, be fined not less than five hundred dollars.

5157 (3955) (4164, 4165) (179, 188) (140, 149). Failure of officer to file new or additional bond.-Any officer giving a new or additional bond, who fails to file the same in the proper office within ten days after its approval, must, on conviction, be fined not less than five hundred dollars.

5158 (3956) (4166). Failure to deliver property and papers of office to successor.-Any person, who fails or refuses on demand to deliver the books, papers, property and money belonging to an office to the qualified successor in office, as required by law, must, on conviction, be fined not less than two hundred dollars.

5159. Clerk in office of judge of probate failing to deliver books, etc., to successor.—Any clerk, or person acting as clerk in the office of the judge of probate, who obtains possession of the books, papers, money or property belonging or appertaining to such office pending a vacancy therein, and who fails or refuses on demand to deliver such books, papers, money or property to the lawfully qualified successor of the judge of probate, must, on conviction, be fined not less than two hundred dollars.

CHAPTER 176.

PEACE PROCEEDINGS AND PROCEEDINGS TO PRESERVE ORDER.

ARTICLE 1.-CONSERVATORS OF THE PEACE AND MAGISTRATES. 5160, 5161. 2.-PROCEEDINGS BEFORE MAGISTRATES TO KEEP THE PEACE. 51625181.

3.-EMPLOYMENT OF MILITARY FORCES TO PRESERVE THE PEACE AND ENFORCE THE LAWS. 5182-5197.

ARTICLE 1.

CONSERVATORS OF THE PEACE AND MAGISTRATES.

-

5160 (4679) (4025) (3956) (407). Sheriff chief conservator of peace; duty, and how executed. The sheriff is the principal conservator of the peace in his county, and it is his duty to suppress all riots, unlawful assemblies and affrays; in the execution of which duty, he may summon to his aid as many of the men of his county as he thinks proper, and any military company, or companies, as provided in article 3 of this chapter.

5161 (4680) (4026) (3957) (408). Who are magistrates; authority to bind over to keep the peace. The judges of the supreme and circuit courts, and the chancellors, throughout the state; the judges of the city courts, the judges of probate, the judges of the county courts, and justices of the peace, in their respective counties; and the mayor or chief officer of any incorporated town or city, within the limits of their respective corporations, are magistrates within the meaning of this chapter, and authorized to require persons to give security to keep the peace in the manner provided in the next article.

As to notaries, ex officio justices, see Matthews's case, 96 Ala. 62; Judge of county court, Ex parte Barker, 87 Ala. 8.

ARTICLE 2.

PROCEEDINGS BEFORE MAGISTRATES TO KEEP THE PEACE.

5162 (4681) (4027) (3958) (409). Complaint before magistrate; testimony taken and subscribed by party.-Whenever complaint is made to a magistrate, that any person has threatened, or is about to commit, an offense on the person or property of another, he must examine the complainant, and any witness he may produce, on oath, reduce such examination to writing, and cause it to be subscribed by the party so examined.

Noles's case, 24 Ala. 672.

5163 (4682) (4028) (3959) (410). When warrant of arrest to issue; contents.-If, on such examination, it appears that there is reason to fear the commission of any such offense by the person complained of, the magistrate must issue a warrant, directed to any lawful officer of the state, containing the substance of the complaint, and commanding such officer forthwith to arrest the person complained of, and bring him before him, or some other magistrate having jurisdiction of the matter.

Noles's case, 24 Ala. 672; Duckworth v. Johnston, 7 Ala. 578; Crumpton v. Newman, 12 Ala. 199.

5164 (4683) (4029) (3960) (411). Executed by whom.-Such warrant may be executed by the sheriff, or other officer acting as sheriff, or his deputy, or by any constable of the county, or by any marshal or policeman of any incorporated city or town in the county.

5165 (4684) (4030) (3961) (412). Hearing; discharge of defendant. When the person complained of is brought before the magistrate, he and his witnesses must be heard in his defense; and if, on hearing the witnesses on both sides, it appears that there is no just reason to fear the commission of the offense, the defendant must be discharged.

5166 (4685) (4031). Defendant competent witness in his own behalf.—In all proceedings to keep the peace, the defendant shall be a competent witness to give evidence in his own behalf.

5167 (4686) (4032) (3962) (413). Costs on plaintiff, if complaint unfounded. If the magistrate regard the complaint as unfounded, or frivolous, he may order the complainant to pay the costs of prosecution; and, upon making such order, an execution may issue to coerce the payment thereof.

5168 (4687) (4033) (3963) (414). Security to keep peace; when required. If, however, there is just reason to fear the commission of such offense, the defendant must be required to give security to keep the peace, in such sum as the magistrate may direct, towards all the people of this state, and particularly towards the person against whom, or whose property, there is reason to fear the offense may be committed, for such time as the magistrate may direct, not more than twelve, nor less than six months; but the defendant must not be required to appear at the next term of the circuit or city court, unless he has actually committed an offense cognizable in such court. Goodwin v. Governor, 1 Stew. & Port. 465.

5169 (4688) (4034) (3964) (415). Form of undertaking to keep the peace. The undertaking to keep the peace may be, in substance, as follows:

"The State of Alabama,

county.

We (here insert the names of the defendant and his sureties), agree to pay to the State of Alabama one thousand dollars (or such sum as the magistrate directs) if the said (here insert the name of the defendant) does not keep the peace for twelve months (or as the case may be) from this undertaking, towards all the citizens of this state, and par