5583 (4163) (4439). Violating oyster regulations.-Any person, who violates any of the provisions of chapter 84 of this Code must, on conviction, be fined not less than fifty, nor more than one hundred dollars; and for each subsequent offense, not less than two hundred, nor more than five hundred dollars, and may also be imprisoned in the county jail for thirty days.

State v. Harrub, 95 Ala. 176.

5584 (4164). Taking and catching oysters by non-residents. Any person, not being a resident of this state, who takes or catches oysters in any manner in the waters within the jurisdiction of this state, is guilty of a misdemeanor.

State v. Harrub, 95 Ala. 176.

5585 (4165) (4441) (1308) (1128). Resistance of sheriff arresting any person or seizing boat violating oyster regulations.-Any person, who willfully opposes or resists the sheriff, or person aiding the sheriff in the performance of his duty, under proceedings to enforce the law for the preservation of oysters, in arresting, or attempting to arrest, any person engaged in the unlawful taking of oysters in any of the waters of this state, or in seizing, or attempting to seize, any boat or vessel, or the tackle or furniture of such boat or vessel, used in such unlawful taking, must, on conviction, be fined not less than fifty, 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.

5586 (4166) (4442). Poisoning or taking fish by nets in Tennessee river or tributaries.-Any person, who takes fish by net, or poisons fish in the Tennessee river, or its tributaries, must, on conviction, be fined not more than fifty dollars; one-half of the fine shall go to the informer, and the balance to be paid into the common-school fund of the township in which the offense was committed, for the benefit of the common schools of such township; but the word "net" in this section shall not include seine.

5587 (4167). Obstructing and preventing fish from running up rivers or creeks.-Any person, who, by means of dams, traps, or other obstructions, prevents the passage of fish up the waters of any river or creek in this state, must, on conviction, be fined not more than one hundred dollars; but nothing in this section shall be so construed as to prevent the introduction of traps or other means of catching fish in such rivers or creeks, which will permit fish to pass through or around the same.

5588 (4168) (4241) (3753) (206). Poisoning stream, or using explosive substance, to catch fish.-Any person, who takes, catches, kills, or attempts to take, catch, or kill, fish in any waters of the state, by poisoning the stream or body of water in which they are found, or by the use of any poisonous substance put in the water, or by the use of fishberries, lime, giant powder, dynamite, gunpowder, or any other explosive substance, must, on conviction, be fined not

less than ten, nor more than one hundred dollars; one-half of which shall be paid to the informer.

5589 (4169) (4406) (3749) (202). Hunting wild hogs.—Any person, who, without first giving notice to at least three freeholders in the neighborhood, hunts, catches, or kills wild hogs unmarked, with dog or gun, must, on conviction, be fined not less than ten, nor more than one hundred dollars.

5590 (4170) (4407) (3750) (203). Fire-hunting.-Any person, who, in the night-time, hunts deer by fire, and with a gun, must, on conviction, be fined not less than ten, nor more than one hundred dollars.

5591 (4171) (4405). Permitting sheep-killing dogs or hogs to run at large.—Any person, who, owning or having in his possession, or under his control, any dog or hog known to worry or kill sheep, domestic fowls, or goats, who suffers such dog or hog to run at large, must, on conviction, be fined not less than five, nor more than fifty dollars.

ARTICLE 11.

FAILING TO KEEP MARRIAGE RECORDS AND PERFORMING ILLEGAL CERE

MONIES.

5592 (4172) (4429) (2343) (1954). Failure of judge of probate to make record.—Any judge of probate, who fails for more than five days after any marriage license issued by him has been returned by the officer, minister, or other person solemnizing the marriage, to record the same, or to record the certificate of the celebration of the marriage, or to record any consent required by law to be given before issuing a marriage license, is guilty of a misdemeanor.

5593 (4178) (4430) (2345) (1956). Marrying parties under age, or within prohibited degree.—Any person, solemnizing the rites of matrimony, with the knowledge that either party is under the age of legal consent, or within the degrees prohibited by law, must, on conviction, be fined not less than one thousand dollars.

5594 (4174) (4431) (2346) (1957). Certificate of marriage to be returned, etc.-Any judge, minister of the gospel, justice of the peace, or other person uniting together persons in matrimony, or any clerk or keeper of the minutes of a religious society, celebrating marriage by the consent of the parties, before the congregation, who fails to return a certificate thereof to the judge of probate, as required by law, is guilty of a misdemeanor.

5595 (4175) (2684) (2349) (1960). Solicitors to be notified of offenses. It is the duty of the judge of probate to give notice to the solicitor of all offenses under this article.

ARTICLE 12.

CONCERNING MUTUAL AID ASSOCIATIONS.

5596 (4159). Reports of mutual aid associations.-Any officer or agent of a mutual aid association, as defined by law, whose duty it is to make the annual report to the auditor, or designate the principal place of business, or agent for service of process of such association, as required by law, and who fails so to do, or who makes a false report, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars, or imprisoned in the county jail for not less than ten days, nor more than one year, one or both, at the discretion of the court.

5597 (4160). Agent of a mutual aid association.-Any person, who acts as solicitor, collector, or otherwise as agent of a mutual aid association, as defined by law, knowing the same not to have complied with the provisions of this Code relating specially to such associations, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars, or imprisoned in the county jail for not less than ten days, nor more than one year, one or both, at the discretion of the court.

ARTICLE 13.

LEVYING ON COUNTY PROPERTY,

5598 (4176) (4421). Levying on court-house or other county property. Any sheriff, or other officer, who levies upon any courthouse, poorhouse, or other property belonging to any county, must, on conviction, be fined not less than one thousand dollars, and imprisoned in the county jail for not less than twelve months.

ARTICLE 14.

OBSCENE PRINTS AND LITERATURE.

5599 (4029) (4201). Posting or leaving obscene picture, writing, or printing.-Any person, who willfully posts up or leaves any obscene or vulgar picture, placard, writing, or printed matter about or near to any church, dwelling, school, academy, or a public highway, must, on conviction, be fined not less than ten, nor more than fifty dollars.

5600 (4030). Introducing, advertising, or selling obscene literature. Any person, who brings, or causes to be brought, into this state for sale, or advertises, or prints, or sells, or offers to sell, or re

ceives subscription for any indecent or obscene book, pamphlet, print, picture or paper, must, on conviction, be fined not less than fifty, nor more than one thousand dollars.

ARTICLE 15.

HISTORIES OF OUTLAWS.

Dec. 11,

5601. Printing, publishing, or selling history of outlaw.-Any 161. person, who shall print, publish, sell, offer for sale or otherwise dispose of any book, pamphlet or tract containing a history of any outlaw, must, on conviction, be fined not less than twenty-five dollars, nor more than five hundred dollars, one-half of the fine to be paid to the informer. This section does not apply to standard works.

ARTICLE 16.

CONCERNING THE MILITARY.

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.

1889, p. 82.

5603. Unauthorized military organizations.-Any two or more Feb. 28. persons, whether with or without uniform, who associate, assemble or congregate together by or under any name in a 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 Militant.

ARTICLE 17.

THREATS TO BURN BUILDINGS OR AGRICULTURAL PRODUCE.

5604. Threatening to burn house, store, shop, barn or other building, or any agricultural produce.-Any person, who, knowing the contents thereof, sends, delivers or causes to be received by another, or posts on the premises of another, any letter or writing, or any verbal message, threatening to burn, injure or destroy, conditionally or unconditionally, any house, store, shop, barn, gin or other building, or any house or pen containing corn or cotton or other agricultural produce, or any agricultural produce, whether in or under any building or not, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than ten years.

CHAPTER 197.

TREASON. 5605.

5605 (3724) (4100) (3547) (7). Punishment of treason.-Every one who commits the crime of treason against the state must, on conviction, suffer death, or imprisonment in the penitentiary for life, at the discretion of the jury trying the same.

2.-BURNING WOODS AND TURPENTINE FORESTS. 5617-5619.

3.-INJURING AND DEFACING BUILDINGS, STRUCTURES, FENCES, BOATS, MILL-DAMS, BOOMS, BRIDGES, ETC., AND OTHER OFFENSES CONCERN5620-5627.

ING PROPERTY.

ARTICLE 1.

As amended Dec. 8,

TRESPASS AND INJURY TO REALTY.

5606 (3874) (4419, 4420) (3556, 3564) (16, 24).-Trespass after 1896, p. 84. warning.—Any person, who, without legal cause or good excuse, enters into the dwelling-house, or on the premises of another, after having been warned, within six months preceding, not to do so; or any person who, having entered into the dwelling-house or on the premises of another without having been warned within six months not to do so, and fails or refuses, without legal cause or good excuse, to immediately leave on being ordered or requested to do so by the person in possession, his agent or representative, must, on conviction, be fined not 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.

What acts covered by the statute.-McLeod v. McLeod, 73 Ala. 42. Purpose of statute and constituents of offense.-Watson's case, 63 Ala. 19. Premises means any real estate, etc.; includes pasture more than mile from dwellinghouse.-Sandy's case, 60 Ala. 18. Prosecutor must have actual or constructive possession.-Bohannon's case, 73 Ala. 47; Watson's case, 63 Ala. 19. What is "legal cause" or "good excuse"; burden of proof on defense.-Owens's case, 74 Ala. 401. Warning not to enter may be verbal or written.-Watson's case, 63 Ala. 19. Sufficiency of such warning.-Owens's case, 74 Ala. 401; Sherman's case, 105 Ala. 115. Copy of warning, if in writing, sufficient evidence without notice to produce original.-Watson's case, 63 Ala. 19. When deeds to land competent evidence.-Bohannon's case, 73 Ala. 47. Legal advice no defense. Watson's case, 63 Ala. 19. Prosecutor a competent witness (overruling, on this point, Northcot's case, 43 Ala. 330).—Daniel's case, 60 Ala. 56; Bohannon's case, 73 Ala. 47. Indictment need not particularly describe premises or alleged venue.-Watson's case, 63 Ala. 19. Sufficiency of description of premises in notice of warning, and indictment.-Owens's case, 74 Ala. 401. Right to