letting of such convicts to hire to labor anywhere within the state, as may be determined by the court of county commissioners, or board of revenue.

4530 (4596) (4467). Women not to labor on public highways. Ib. $108. No woman convicted of a public offense shall be required to work as a laborer on any public highway in this state.

When woman with a baby discharged on habeas corpus because not put to work.-Ex parte Stewart, 98 Ala. 66.

4531 (4588) (4482) (8780) (233). Commencement of sentences Ib. §94. on two or more convictions.-When a convict is sentenced to hard labor for the county, on two or more convictions, the punishment of the second or each subsequent conviction must commence on the termination of the sentence for the preceding conviction; but no person shall be sentenced to hard labor for the county so that the aggregate of the sentences on two or more convictions shall exceed two years for the crime, and the aggregate sentences for costs shall not exceed fifteen months.

Fuller's case, 97 Ala. 27.

4532. Sentences for costs; not to exceed ten months; fees same as in cases of state convicts.-Whenever any convict is sentenced by the court and required to do hard labor for the county, an additional sentence not to exceed ten months in any case for the payment of costs of conviction may be imposed; and the court must determine the time required to work out such costs at the rate of thirty cents per day. The costs of conviction of county convicts shall be the same as in case of state convicts.

4533. County convicts under sixteen may be sentenced to reformatory.-County convicts under sixteen years of age may be sentenced to a term in the reformatory provided for in this chapter, or to hard labor for the county, in the discretion of the presiding judge; and in such event the costs of conviction, not exceeding fifty dollars, shall be paid out of the convict fund as provided in cases of sentence to the penitentiary.

4534 (4597). Place and kind of labor expressed in contract; when changed.-Every contract for the hire of county convicts must express the kind of labor, and the place at which it is to be performed; and such convict must be restricted to such place and labor, which must not be changed except upon the recommendation of the court of county commissioners; and county convicts can only be sublet or rehired in the same manner.

What sufficient designation of place and character of labor.-Fuller's case, 97 Ala. 27.

Ib. $98.

Ib. $53.

Ib. $104.

4535 (4598) (4469) (3767) (220). Hiring of convicts; how made. Ib. $105. Should the court of county commissioners, or board of revenue, determine to let convicts, or any part of them, to hire, they may do so by themselves, or by some member of their body, or other person to be appointed by them.

4536 (4599) (4470, 4471) (3768, 3769) (221, 222). Bond of hirer; Ib. $106. how conditioned; when required clothing specified. The contract.

1895, p. 849,

$107.

of hiring shall be secured by bond in writing, in a penalty of double the amount agreed on for hire, payable to the county, with two good and sufficient sureties, and conditioned to pay the amount of hire agreed on, and also to furnish the convict with a sufficiency of good and wholesome food, and with medicine and medical attention when necessary, and to treat the convict humanely; and said contract may be for one or more years; and if the hiring be for a longer term than two months, or if the condition and comfort of the convict require it, the hirer may also be required to furnish to the convict specified clothing, which shall also be expressed in the bond. The attorney-general shall prepare a form of contract and bond, which shall be furnished to the judge of probate of each county by the president of the board of inspectors, which shall be used in all cases of the hiring of county convicts.

Breach of bond.-Sloss I. & S. Co. v. Macon Co., 111 Ala. 554. Relation of master and servant does not exist between hirer and convict.-Buckalew v. Tenn. C. I. & R. Co., 112 Ala. 146.

4537 (4600) (4472) (3770) (223). Action on hirer's bond.—Such bond may be put in suit in any court of the county for which the convicts were sentenced to hard labor having jurisdiction of the same; and the suit shall be governed by the rules governing other suits on penal bonds; and the recovery, if any, shall be paid into the county treasury for the use of the party for whose benefit the recovery is had.

Feb. 18, 4538 (4601) (4473) (3771) (224). If employed on public works, superintendent appointed; term of office and' compensation. Should the court of county commissioners, or board of revenue, determine to employ persons sentenced to hard labor for the county, or any part of them, in work on the public roads, public bridges, or other public works of the county, then they are authorized to appoint a superintendent of public works, whose term of office shall expire when his successor is qualified; and who shall receive for his services such compensation as shall be fixed by the court of county commissioners, or board of revenue.

Ib. $108.

4539 (4603) (4475) (3773) (226). Form of official oath required; filed in probate office.-The superintendent of public works, and each person employed as a guard over convicts sentenced to hard labor for the county, before he enters upon the discharge of his duties, shall take and subscribe the following oath before some officer authorized to administer the same: "I do solemnly swear that I will support the constitution of the United States, and the constitution of the State of Alabama, so long as I remain a citizen of said state, and that I will faithfully execute and discharge all duties required of me (as superintendent or guard of convicts, as the case may be), and that I will observe all rules and regulations prescribed for the government of convicts, so far as I am thereby directed, and will in no case ill-treat or abuse any convict under my charge or control, or inflict any other or greater punishment than may be prescribed by said rules and regulations"; and such oath shall be filed by the party

taking the same in the office of the judge of probate of the county in which the convict is sentenced to hard labor.

4540 (4604) (4476) (8774) (227). Bond of superintendent.-The Ib. $109. superintendent of public works shall also enter into bond, payable to the county, and approved by the judge of probate, with two good and sufficient sureties, in the penalty of one thousand dollars, conditioned that he will faithfully perform the duties of his office, obey the orders of the court of county commissioners, and will not voluntarily permit the escape of any of the convicts committed to him. 4541 (4605) (4477) (3775) (228). Action on superintendent's Ib. $110. bond. The bond of the superintendent may be put in suit and prosecuted in all respects as is provided in this article for suits on bonds given by hirers of convicts.

4542 (4606) (4478) (3776) (229). Duties of superintendent.-The Ib. 111. duties of the superintendent of public works are: Faithfully to obey and carry out the orders and directions of the court of county commissioners, or board of revenue; to see that the convicts committed. to him labor faithfully; not to overwork or maltreat the convicts; to see that the food and clothing delivered to him for the convicts are given to them at the proper time; to see that they are properly housed in inclement weather; to have proper medicine and medical attention bestowed on them when necessary; and not voluntarily or negligently to permit them to escape.

4543. Duty of judges to report convictions to judge of probate. All judicial officers shall, immediately upon the sentence of any person to hard labor for any county, report in writing to the judge of probate of the county for which such sentence is made, the name of such person, the length of his sentence, the date of its commencement, and the amount of costs. But any judicial officer, presiding over a court that has a clerk, may order such report to be made by such clerk.

Ib. $112.

4544 (4659). Convict must be returned to county at expiration Ib. §75. of sentence.-It shall be the duty of any person who has in his possession or under his control, any state or county convict, to discharge such convict at the expiration of his term of penal servitude, and to furnish him with transportation to the county-seat of the county in which such convict was sentenced to imprisonment. And he shall also furnish to such convict one good suit of clothes and fifty cents a day for each estimated day's travel from the place where he is discharged to his destination, and one hat and pair of shoes. But if such convict be charged with the commission of any other criminal offense he must be delivered to the proper sheriff or officer, to answer such charge, under such rules and regulations as may be prescribed by the board of inspectors.

4545. Law relating to convicts and prisoners to be given in Ib. $114. special charge to grand jury.-The judges of the circuit and city courts shall give in special charge to the grand jury, the provisions of this Code relating to convicts and prisoners.

CHAPTER 140.

CONVICTS AND PRISONERS, OFFENSES CONCERNING. 4546-4557.

4546 (3753) (4319) (3686) (143). Maltreatment of convicts by officer.-Any superintendent, guard, or other officer having charge of convicts, who overworks or maltreats any convict, or inflicts upon him any other or greater punishment than he is authorized by law. to inflict, must, on conviction, be fined not less than fifty, 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 six months.

4547 (3754) (4320) (3687) (144). Maltreatment of convicts by hirer. Any hirer of a convict, who overworks or maltreats such convict, or fails to supply him with a sufficiency of good and wholesome food, or with necessary medicines and medical attention, or with warm and comfortable clothing, or with comfortable shelter in inclement weather, must, on conviction, be fined not less than fifty, 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 six months.

Sufficiency of indictment.-Sanders's case, 55 Ala. 184. For hirer to chastise convict, may be assault and battery.-Prewitt's case, 51 Ala. 33.

4548 (3981). Detaining convict after expiration of his sentence. Any person, who willfully detains, imprisons, or works any convict, state or county, after the termination of the sentence of such convict, must, on conviction, be fined not less than one hundred, nor more than one thousand dollars, and shall also be sentenced to hard labor for the county for not more than twelve months; and one-half of the fine, when paid, or when the fine is not paid, one-half of the amount received from such hard labor, shall go to the convict so illegally detained or imprisoned.

4549 (3982). Witness refusing to appear or testify concerning treatment of convicts.-Any person, who fails to obey the summons of any inspector of convicts to appear and testify as a witness, or who appears as a witness and refuses to testify as to any matter concerning the management and treatment of convicts, must, on conviction, be fined not more than one hundred dollars.

4550 (3984). Failure of duty, or violation of law regulating convicts by guard, etc.-Any inspector, guard, or hirer of convicts, state or county, or any other person having the charge, management, or control of any such convict, who fails to discharge any of the duties imposed upon him by law, or in any other way violates any of the provisions of law regulating or governing the hiring, inspection, treatment, confinement, working or guarding, or the charge, management, or control of convicts, state or county, when no other punishment is provided for such failure in duty, or violation of law,

must, on conviction, be fined not 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 twelve months.

4551 (3986). Convict discharged when term expires; furnished with clothes, etc.-Any person, having in his possession or under his control any state convict, who refuses or fails to discharge such convict at the expiration of his term of penal servitude, or who, upon so discharging such convict, fails to furnish him with transportation to the county-seat where such convict was sentenced, or its equivalent in money, or to furnish such convict with one good suit of clothes, must, on conviction, be fined not 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 twelve months.

4552 (3989) (4606) (3908) (360). Violation of duty concerning convict in solitary confinement, or allowing conversation with him. Any officer or person employed in the penitentiary, who suffers any convict under sentence of solitary confinement to be at large, out of the cell assigned him, unless directed by the physician to remove him to the hospital on account of sickness, or allows any convict to be conversed with contrary to the regulations of the penitentiary, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars.

4553 (3987) (4583) (3885) (337). Permitting convicts to be furnished with intoxicating liquors.-Any officer or other person, having the management or control of convicts, who permits any intoxicating liquors to be furnished to any convict, except on the written prescription of a physician, forfeits all wages due him, and must, on conviction, be fined not less than one hundred dollars.

1895, p.849,

4554. Furnishing intoxicating drink to convict.-Any person Feb. 18. who sells, gives, or furnishes to a convict any intoxicating beverage $39. or drink, is guilty of a misdemeanor, and, on conviction, must be fined not less than fifty dollars and sentenced to the county jail or to hard labor for the county for not less than three nor more than six months.

4555. Trespassing about prisons.-Any person who goes about Ib. 589. any prison against the will or order of the officer in charge shall be guilty of a misdemeanor, and, on conviction, must be fined not less than twenty dollars and sentenced to hard labor for the county for not more than six months.

4556 (3988) (4494). Permitting prisoner to receive spirituous or vinous liquors.-Any jailer, who gives, or knowingly suffers any prisoner to receive any spirituous or vinous liquors on any pretext whatever, except on the written order of a physician, stating that such liquor is necessary for his health, must, on conviction, be fined not less than one hundred dollars.

4557 (3755) (4321). Imprisoning together white and colored prisoners before conviction.-Any jailer or sheriff, having the charge of white and colored prisoners before conviction, who imprisons them permanently together in the same apartment of any