4398 (4859) (4085) (4410) (3813). Proceedings when defendant is not found. If the accused does not appear, after the return of two writs of arrest against him "not found" by the sheriff of the county in which the court to which the complaint is returned is held, the facts stated in the complaint must be taken as admitted, and judgment rendered against the accused as provided for by section 4394 (4855); and at any time before the payment of such judgment, the defendant may be arrested by a writ of arrest thereon, directed to the sheriff, commanding him to take the defendant and deliver him to the proper authorities for the execution of the judgment.

Investigation of charge and judgment in absence of accused.-McClanahan's case, 21 Ala. 345; Trawick v. Davis, 4 Ala. 328; Yarborough's case, 15 Ala. 558. Could be attached, if absent, and brought into court, and ordered to remain in custody until he gives bond required by statute.-Yarborough's case, 15 Ala. 556.

4399 (4860) (4086) (4411) (3814). Discharged from imprisonment on paying judgment or giving bond.-In the case provided for in the preceding section, the defendant can be discharged from imprisonment by the payment of the judgment, or executing the bond in conformity with the provisions of section 4393 (4854).

Kuehlthau's case, 92 Ala. 91.

4400 (4861) (4087) (4412) (3815). Money collected on bond applied to support of child.-The amount collected on the forfeiture of any bond for the appearance of the defendant, and on the judgment rendered against him, must be paid into the county treasury; and the interest thereon, not exceeding the yearly sum directed to be paid by the court, must be paid to the judge of probate for the support and education of the child.

4401 (4862) (4088) (4413) (3816). Such payment not made after giving bond.-But such payment must not be made after the defendant gives the bond required by section 4393 (4854).

4402 (4863) (4089) (4414) (3817). Guardian appointed to receive child's money.-The judge of probate must appoint a guardian for such child, and, upon his giving bond and security as other guardians, the amount received by the judge of probate must be paid to him.

4403 (4864) (4090) (4415) (3818). Death of child or marriage of parents; effect of.-If the child is not born alive, or if, being born alive, it dies, or on the marriage of the mother and reputed father, on the ascertainment of such facts by the judge of probate. on motion to the circuit court, and proof thereof, an entry of record must be made thereof, and the bond be declared void, the judgment vacated, the defendant discharged, and the portion of such judgment paid into the county treasury must be paid, on the certificate of the clerk of the circuit court of the vacation of such judgment, to the defendant.

Death of child pending proceedings was held no ground for motion to dismiss, but good for plea puis darrein continuance.-Satterwhite's case, 32 Ala. 578. Not necessary, on appeal, that record should disclose that child was living at time of judgment.-Trawick v. Davis, 4 Ala. 328. Marriage of woman does not ipso facto abate proceedings.-Berryman's case, 9 Ala. 455. Nor is marriage inferred from change of name in subsequent proceedings.—Ib.

4404 (4865) (4091) (4416) (3819). Complainant pays cost on verdict for defendant.-In case the issue provided for by section. 4390 (4851) is found against the complainant, judgment for costs must be rendered against her.

4405 (4866) (4093) (4418) (3821). Either party may appeal; security for costs, execution, etc.-Either party may appeal to the supreme court within thirty days after judgment. If the appeal is taken by the state, the complainant must give security for the costs of the appeal, if the judgment is affirmed; and the defendant, also, if the appeal is taken by him, must give the same security, to be approved by the clerk of the circuit court, the names of the sureties certified with the record to the appellate court, and execution may issue for the costs of the appeal against them from such court, if the judgment of the circuit court is affirmed. But when either the complainant or defendant makes affidavit that she or he is unable, after diligent effort, to make the appeal bond, they may appeal without any bond.

The security not required to be in any prescribed form; may be either a bond or simple acknowledgment in writing.-Satterwhite's case, 28 Ala. 68, explaining Williams's case, 26 Ala. 85, where the bond was held defective. Misdescription of judgment would be fatal; what omission may be supplied by comparison with clerk's certificate, or other parts of record.-Ib. 68. When supreme court will not reverse because evidence set out in bill of exceptions fails to show that complainant was a single or unmarried woman.-Dorgan's case, 72 Ala. 175.

CHAPTER 131.

BIGAMY. 4406, 4407.

4406 (4016) (4185) (3599) (58). Bigamy, and bigamous cohabitation; punishment of.-If any person, having a former wife or husband living, marries another, or continues to cohabit with such second husband or wife in this state, he or she must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than five years. (Form 18.)

Two distinct offenses created by the statute.-Brewer's case, 59 Ala. 101; Beggs's case, 55 Ala. 108. Bigamy is committed by illegal second marriage without cohabitation, and is indictable only in county of second marriage. Brewer's case, 59 Ala. 101; Beggs's case, 55 Ala. 108; Williams's case, 44 Ala. 24. While subsequent cohabitation is indictable in any county where committed. Beggs' case, 55 Ala. 108; Brewer's case, 59 Ala. 101. But conviction of bigamy is not allowed on proof of subsequent cohabitation only, when second marriage took place in another county or state.-Beggs's case, 55 Ala. 108. What person guilty of bigamy.-Jones's case, 67 Ala. 84. Acquittal of bigamy no bar to indictment for subsequent cohabitation.-Brewer's case, 59 Ala. 101. Intent; what necessary.-Dotson's case, 62 Ala. 141. Marriage by infant under age of consent being voidable only, is a marriage in fact until disaffirmed.-Beggs's case, 55 Ala. 108; Cooley's case, Ib. 162. Marriage under duress or fear may be void, but not if fear be of prosecution for bastardy.-Williams's case, 44 Ala. 24 Oral proof of marriage admissible.-Brewer's case, 59 Ala. 101. Unsworn bill for divorce inadmissible.-Cooley's case, 55 Ala. 162. Certified transcript of marriage license, with certificate of solemnization of marriage, admissible without official seal.-Beggs's case, 55 Ala. 108. First marriage proved by co

habitation and confession without the record or a witness to it.-Langtry's case, 30 Ala. 536; Williams's case, 54 Ala. 131. But see Brown's case, 52 Ala. 338. But such proof cannot make a void marriage valid.-Williams's case, 44 Ala. 24. Proof of marriage in another state by confession made there or here. Williams's case, 54 Ala. 131. First and lawful wife incompetent witness against the husband.-Williams's case, 44 Ala. 24; Salter's case, 92 Ala. 68. But the second wife, so called, is competent.-Salter's case, supra. Rumor or belief that former husband or wife is dead, no defense.-Jones's case, 67 Ala. 84. A marriage solemnized without a valid license, not followed by cohabitation is void.-Ashley's case, 109 Ala. 48. The issuance of marriage license by the judge of probate, while it is a ministerial act, involves discretion, and the power cannot be delegated, except to a qualified clerk of such office.-Ib. Indictment must aver that second marriage was "unlawful," "having a former wife living" is insufficient.-Parker's case, 77 Ala. 47. The fact of the former marriage, and that first wife was living at time of second marriage, must be proved; but each may be proved by confessions, or circumstantial evidence. Parker's case, 77 Ala. 47.

4407 (4017) (4186) (3600) (59). Same; exceptions.-The provisions of the preceding section do not apply to any person who, prior to such second marriage, had procured a decree from a court of competent jurisdiction, dissolving his or her former marriage, and allowing him or her the privilege of marrying again; nor to any person who, at the time of such second marriage, did not know that his or her former husband or wife was living, and whose former husband or wife had remained absent from him or her for the last five years preceding such second marriage.

If defendant left his wife in another state, her continued residence there is not "absence" within meaning of this section.-Parker's case, 77 Ala. 47.

CHAPTER 132.

BLACKMAIL.

1895, p. 888.

4408. Levying blackmail.-Any person who shall levy, or attempt Feb. 18, to levy, blackmail on another, by making, threatening to make, or attempting to make, any disclosure, oral or written, or by publication, injurious to the character of any person for the purpose of getting money or other benefit, or maliciously for the purpose of revenge and having a tendency to create a breach of the peace, must, on conviction, be punished by a fine not exceeding one thousand dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, not exceeding twelve months.

CHAPTER 133.

BRIBERY. 4409-4416.

4409 (3913) (4116) (3560) (20). Bribery of executive, legislative, or judicial officers.-Any person, who corruptly offers, prom

ises, or gives to any executive, legislative, or judicial officer, after his election or appointment, either before or after he has been qualified, any gift, gratuity, or thing of value, with intent to influence his act, vote, opinion, decision, or judgment, on any cause, matter, or proceeding, which may be then pending, or which may be by law brought before him in his official capacity, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than ten years.

4410 (3914) (4117) (3561) (21). Accepting bribe by such officer. Any executive, legislative, or judicial officer, who corruptly accepts, or agrees to accept, any gift, or gratuity, or other thing of value, or any promise to make any gift, or to do any act beneficial to such. officer, under an agreement, or with an understanding that his act, vote, opinion, decision, or judgment is to be given in any particular manner, or upon any particular side of any cause, question, or proceeding, which is pending, or may be by law brought before him in his official capacity, or that he is to make any particular appointment in his official capacity, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than ten years.

4411 (3915) (4118) (3562) (22). Bribery of ministerial officer, juror, or arbitrator.-Any person, who corruptly offers, promises, or gives to any ministerial officer of any court of law or equity in this state, or to any auditor, juror, arbitrator, umpire, or referee, any gift, gratuity, or thing of value, with intent to bias the mind, or influence the decision of such ministerial officer, auditor, juror, arbitrator, umpire, or referee, in relation to any cause or matter which is pending in any of said courts, or before such arbitrator, umpire, or referee, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than five years.

If the offer "is with the intent to bias the mind, or to influence the decision of the juror," the offense is complete.-White's case, 103 Ala. 72. Drunkenness as a defense, and evidence thereof.—Ib. An offer to perform services for juror is sufficient "thing of value."-Caruthers's case, 74 Ala. 406. A general description of the offense is all that is required.-Caruthers's case, 74 Ala. 406. Offer to bribe was not a felony at common law.-Rivers's case, 97 Ala. 72.

4412 (3916) (4119) (3563) (23). Same; juror, if summoned, need not have been sworn.-To authorize a conviction under the last section for bribing, or offering to bribe a juror, it is not necessary that such juror should have been actually sworn or qualified, but it is sufficient that he had been summoned under legal authority.

4413 (3917) (4120) (3564) (24). Accepting bribe by such officer, juror, etc.-Any ministerial officer of any court, or any person summoned as a juror, or appointed an auditor, arbitrator, umpire, or referee, who corruptly takes, or agrees to take any thing to give his verdict, award, or report, or corruptly receives, or agrees to receive, any gift or gratuity whatever, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than five

years.

Diggs's case, 49 Ala. 311.

4414 (3918) (4122) (3566) (26). Bribery of officer to stock jury.

Any person, who gives, offers, or promises to any sheriff or other officer any gift, gratuity, or thing of value, to induce him to summon a jury or juror, with the intent to produce a result favorable to either party in any cause pending in any court, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than five years.

4415 (3919) (4123) (3567) (27). Same; connivance of sheriff at such offense. Any sheriff, who connives at the commission of the offense prohibited by the preceding section, by any constable, bailiff, or deputy-sheriff, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than five years.

4416 (3920) (4124) (3568). Bribery to commit offenses.-Any person, who corruptly gives, offers, or promises any gift, gratuity, or thing of value, to another person, with intent to induce or influence such person to commit any crime or offense punishable as a felony, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than ten years; and if the offense, for the commission of which such bribe is offered, be less than a felony, then the person giving, offering, or promising such bribe must, on conviction, be punished as if he had committed such offense. (Form 19.)

Offer to bribe another to commit perjury was not a felony at common law; but the constituent elements are the same.-Rivers's case, 97 Ala. 72. The indictment must describe the court, and the proceedings thereon and the facts to be sworn to by the witness.-Ib.

CHAPTER 134.

BURGLARY. 4417-4419.

4417 (3786) (4343) (3695) (149). Burglary in a dwelling-house, shop, storehouse, building, inclosure, etc.- Any person, who, either in the night or day time, with intent to steal, or to commit a felony, breaks into and enters a dwelling-house, or any building, structure, or inclosure within the curtilage of a dwelling-house, though not forming a part thereof; or into any shop, store, warehouse, or other building, structure, or inclosure, in which any goods, merchandise, or other valuable thing, is kept for use, sale, or deposit, provided such structure or inclosure, other than a shop, store, warehouse, or building, is specially constructed or made to keep such goods, merchandise, or other valuable thing, is guilty of burglary, and must, on conviction, be imprisoned in the penitentiary for not less than one, nor more than twenty years. (Form 21.)

"Dwelling-house," same meaning as at common law.-Ex parte Vincent, 26 Ala. 145. Curtilage includes smoke-house, part in yard and part outside; and breaking, etc., from without sufficient.-Fisher's case, 43 Ala. 17. House used as store in front and where clerk slept in rear, held a dwelling-house.-Ex parte Vincent, 26 Ala. 145. Sufficient breaking and entering.-Donohoo's