CHAPTER 195. SUNDAY VIOLATIONS. 5542, 5543. 5542 (4045) (4443) (3614) (73). Certain acts prohibited on Sunday; punishment.-Any person, who compels his child, apprentice, or servant to perform any labor on Sunday, except the customary domestic duties of daily necessity or comfort, or works of charity; or who engages in shooting, hunting, gaming, card-playing, or racing on that day; or who, being a merchant or shopkeeper, druggist excepted, keeps open store on that day, must, for the first offense, be fined not less than ten, nor more than twenty dollars, and, for the second, or any subsequent offense, must be fined not less than twenty, nor more than one hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than three months; but the provisions of this section do not apply to the running of railroads, stages, or steamboats, or other vessels navigating the waters of this state, or any manufacturing establishment which requires to be kept in constant operation. (Form 86.) All unnecessary shooting prohibited; such as to shoot at a dog in wantonness and mischief.-Smith's case, 50 Ala. 159. Constituents and proof of the offense of keeping open store.-Dixon's case, 76 Ala. 89. Evidence explaining a sale. Ib. Store or shop must be kept open for purpose of traffic.-Snider's case, 59 Ala. 64. Word "shop" not equivalent to word "store."-Sparrenberger's case, 53 Ala. 481. Different sales are merely evidences of intent; do not require election by state.-Snider's case, 59 Ala. 64. Purpose for which store kept open, question for jury.-Ib. If a party bet at cards at a public place on Sunday he may be prosecuted for three offenses, but a conviction under one is a bar to the others.-McVay's case, 100 Ala. 113; O'Brien's case, 91 Ala. 29. 5543 (4046) (4444) (3615). Holding public markets and trading therein on Sunday.-Any person, who opens, or causes to be opened, for the purpose of selling or trading, any public market house or place on Sunday, or opens, or causes to be opened, any stall or shop therein, or connected therewith, or brings anything for sale or barter to such market or place, or offers the same for sale therein on that day, or buys or sells therein on that day (including live stock or cattle), must, on conviction, be punished as prescribed in the preceding section. Any place where people assemble for the purchase and sale of goods, wares and merchandise, provisions, cattle, or other articles, is a market house or place, within the meaning of this section. CHAPTER 196. TRADE, PUBLIC POLICY AND POLICE. ARTICLE 1.-ILLEGAL TRADING IN FARM PRODUCTS. 5544, 5545. 2.-EMITTING AND CIRCULATING CHANGE-BILLS. 3.-CONCERNING PAWNBROKERS. 5548. 4.-ILLEGAL TOLLS, FREIGHTS AND FERRIAGES. 5546, 5547. 5549-5556. 6.-ILLEGAL AND FRAUDULENT DEALINGS IN FERTILIZERS. 5560-5565. 8. UNLAWFUL USE OF BOTTLES, SIPHONS, KEGS, ETC., BEARING STAMP OF ANOTHER. 5567-5570. 9.-ILLEGAL MEASURE OF OYSTERS. 5571. 10.-LAWS FOR THE PRESERVATION OF OYSTERS, FISH, GAME AND LIVE 17.-THREATS TO BURN BUILDINGS OR AGRICULTURAL PRODUCE. 5604. ARTICLE 1. ILLEGAL TRADING IN FARM PRODUCTS. 5544 (4141) (4369). Trading in farm products between sunset and sunrise; exception.-Any person, who buys, sells, receives, barters, or disposes of any cotton, corn, wheat, oats, peas, or potatoes, after the hour of sunset, and before the hour of sunrise of the next succeeding day, or any person, who in any manner moves, carries, conveys, or transports, except within the limits of the farm or plantation on which it is raised or grown, any seed-cotton between the hours of sunset and sunrise of the next succeeding day, must, on conviction, be fined not less than ten, nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than twelve months; but this section shall not affect the right of municipal corporations to establish and regulate, under their charters, public markets within their limits, for the sale of commodities for culinary purposes, nor the right of any proprietor or owner of any plantation or premises to sell on such plantation or premises the necessary grain and provisions for the subsistence of man and beast for the night. to traveling or transient persons, or for the use of agricultural laborers in his own employment on such plantation or premises; nor shall the provisions of this section apply to any person carrying seed-cotton to a gin for the purpose of having the same ginned. Constitutionality of statute.-Davis's case, 68 Ala. 58. Want of knowledge or consent of owner of products not an element of this offense, and his knowledge of the act or consent thereto, when done by another, is no defense.—Gilliam's case, 71 Ala. 10. Instructions by principal to agent to buy farm products, presumptions; act and declaration of agent as evidence against principal. Russell's case, 71 Ala. 348. Sufficiency of indictment; may be in the alternative.-Russell's case, 71 Ala. 348. Necessary averments.-Ib. 348. See Grattan's case, Ib. 344; Davis's case, 68 Ala. 58. 5545 (4142). Failure to apply farm produce to payment of lien for rent or advances.-Any person, who knowingly takes or receives any cotton or other farm produce upon which there is a lien for rent or advances, or both, or the proceeds thereof, and who fails to apply the same to the payment of the rent, or the discharge of the lien, whether the same is in the hands of a third party or not, must, on conviction, be punished as if he had stolen the same. ARTICLE 2. EMITTING AND CIRCULATING CHANGE-BILLS. 5546 (4143) (4433) (3643) (101). Emitting change-bills as money. Any officer or agent of any private corporation or association, or any other person, who makes, emits, signs, or countersigns, or causes or procures to be made, emitted, signed, or countersigned, without authority of law, any paper to answer the purposes of money, or for general circulation, must, on conviction, be fined not more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than one year. (Form 41.) Norvell's case, 50 Ala. 174; Durr's case, 59 Ala. 24; Nelson's case, 82 Ala. 44; Tabler v. Sheffield L. I. & C. Co., 79 Ala. 377. 5547 (4144) (4434) (3644) (102). Circulating such change-bills. Any person, who passes or circulates in this state any paper issued without authority of law, to answer the purposes of money, must, on conviction, be fined not less than twenty, nor more than one hundred dollars. (Form 41.) See citations to preceding section. ARTICLE 3. Feb. 21, 1898, CONCERNING PAWNBROKERS. 5548. Pawnbroker failing to keep public record, etc.-Any perp. 1115, 8. son, engaged in the business of pawnbroking, who fails to comply with any of the provisions of chapter 88 of this Code, must, on conviction, be fined not less than ten dollars and not more than one hundred dollars. ARTICLE 4. ILLEGAL TOLLS, FREIGHTS AND FERRIAGES. 5549 (4145). Unlawful pooling of freights.-Any officer, agent, or servant of a person or corporation operating a railroad, who aids. in making or carrying out an agreement between railroads, commonly called a pool, for the division between themselves of the freight-carrying business of any place in this state, whereby trade is restrained by the establishment of extortionate rates and the prevention of free competition, unless such agreement has been approved by the railroad commissioners, must, on conviction, be fined not less than fifty, nor more than two hundred dollars. 5550 (4146). Extortion by railroad.-Any person or corporation operating a railroad, who commits extortion in transportation charges, as defined by law, must, on conviction, be fined not less than ten, nor more than five hundred dollars. 5551 (4147). Reduction of regular rates by railroads.—Any person or corporation operating a railroad, who makes, and any person who knowingly accepts, a lower transportation rate for person or freight than the published tariff, must, on conviction, be fined not less than ten, nor more than five hundred dollars. 5552 (4148). Failure of railroad to publish freight rates at depots. Any person or corporation operating a railroad, who fails to post and keep posted at all freight-depots the tariff of rates for transporting freight, showing general and special rates for each class, must, on conviction, be fined not less than twenty, nor more than one hundred dollars. 5553 (4149) (1680) (1383) (1191). Keeping toll-bridge or ferry without license.-Any person, who keeps any ferry, toll-bridge, or causeway, for ferriage or toll, without license, must, on conviction, be fined not less than twenty, nor more than one hundred dollars, or imprisoned in the county jail, or sentenced to hard labor for the county, for not less than thirty days. 5554 (4150) (4400) (3746) (199). Illegal toll by miller.-Any person, who, being the owner or keeper of any public mill, or the agent or servant of such owner or keeper, takes or receives for grinding corn, wheat, or any other kind of grain, either as toll, or by sale or exchange, more than one-eighth of the grain ground or brought to the mill to be ground, must, on conviction, be fined not less than ten, nor more than one hundred dollars. 5555 (4151) (4401) (3747) (200). Illegal toll by bridge or turnpike companies.-Any person, who, being or acting as an officer, agent, servant, or employe of any turnpike company, macadamized road company, or other incorporated road or bridge company, takes, receives, or demands any greater charge or toll for travel or passage over such road or bridge than is authorized by the charter of such company, or, if the charter does not specify the amount of toll to be charged or taken, fixes, prescribes, takes, receives, or demands any unreasonable charge or toll, to be determined by the jury, must, on conviction, be fined not more than one hundred dollars. 5556 (4152) (1689) (1392) (1199). Excessive tolls; penalty. Any keeper of any public ferry, toll-bridge, or causeway, who demands or receives from any person a higher rate of toll than is prescribed by the court of county commissioners, is guilty of a misdemeanor. Lewis's case, 41 Ala. 414. ARTICLE 5. POOLS, TRUSTS AND COMBINES. 5557. Forming pools or combinations to regulate the quantity or price of products. Any person or corporation, who engages or agrees with other persons or corporations, or enters into, directly or indirectly, any combination, pool, trust, or confederation, to regulate or fix the price of any article or commodity to be sold within this state for speculation, or any person or corporation who enters into, becomes a member of, or party to, any pool, agreement, combination, or confederation to fix or limit the quantity of any article or commodity to be produced, manufactured, mined, or sold in this state, must, on conviction, be fined not less than five hundred, nor more than two thousand dollars. 5558. Combinations to control corporations with intent to fix the price or production of commodities.-Any corporation chartered under the laws of this state, or any officer, stockholder, agent, or employe of any such corporation, which enters into any combination with any other corporation or person with the intent to place the management or control of any such corporation in the hands of another corporation or person and thereby limit or fix the price, or restrict or diminish the production, manufacture, sale, use, or consumption of any article of commerce, must, on conviction, be fined not less than five hundred, nor more than two thousand dollars. 5559. Preceding two sections given in special charge to grand juries. The preceding two sections must be given in special charge to the grand jury. ARTICLE 6. ILLEGAL AND FRAUDULENT DEALINGS IN FERTILIZERS. 5560 (4153). Dealing in fertilizers without submitting statement to commissioner.-Any person, who manufactures or exchanges, sells, or offers for sale or exchange, any fertilizer, without first sub |