or carelessly, when the facts are doubtful, his ignorance no excuse; and jury will determine whether he acted honestly or recklessly.-Gordon's case, 52 Ala. 308. Sufficiency of indictment.-Wilson's case, 52 Ala. 299; Gordon's case, Ib. 308; "Carter's case, 55 Ala. 181. Poll-list best evidence of who voted. Wilson's case, 52 Ala. 299; Hunter's case, 55 Ala. 767. But, unless certified by inspector, is not competent without proof of correctness.-Ib. 767. Applies to elections under local prohibition laws.-Gandy's case, 82 Ala. 61. No excuse that party had forgotten that he was convicted, or was advised he could vote. Gandy's case, 82 Ala. 61; s. c., 86 Ala. 20.

4693 (4186) (4291). Voting without registration and taking oath.—Any person voting at any county or state election, who has not registered and taken and subscribed to the registration oath, must, on conviction, be fined not less than one hundred, nor more than one thousand dollars, or imprisoned in the county jail, or sentenced to hard labor for the county for not less than one, nor more than six months.

4694 (4187) (4292). Bribing, or attempting to influence voter. Any person, who, by bribery, or offering to bribe, or by any other corrupt means, attempts to influence any elector in giving his vote, or deter him from giving the same, or to disturb, or to hinder him in the free exercise of the right of suffrage, at any election, must, on conviction, be fined not less than one hundred, nor more than one thousand dollars, and sentenced to hard labor for the county, or imprisoned in the county jail, for not less than thirty days, nor more than six months, at the discretion of the jury.

4695 (4188) (4293). Altering or changing vote of elector.—Any person, who fraudulently alters or changes the vote of any elector, by which such elector is prevented from voting as he intended, must, on conviction, be fined not less than one hundred, nor more than one thousand dollars, and imprisoned in the county jail for not less than thirty days, nor more than six months.

4696 (4189) (4294). Disturbing elector on election day.-Any person, who, on election day, disturbs or prevents, or attempts to prevent, any elector from freely casting his ballot, must, on conviction, be fined not less than five hundred, nor more than one thousand dollars, and also sentenced to hard labor for the county, or imprisoned in the county jail, for not less than six months, nor more than one year.

4697 (4190) (283, 4285). Becoming intoxicated about votingplace on election day.--Any person found drunk or intoxicated at or about any polling-place during any election day, is guilty of a misdemeanor.

4698 (4191) (284, 4286). Disposing of liquor on election day and day preceding.-Any person, who sells or gives away any vinous, spirituous, or malt liquors during the day on which any election is held in this state, or on the day preceding, must, on conviction, be fined and imprisoned at the discretion of the court.

CHAPTER 151.

ESCAPES. 4699-4713.

4699 (3990) (4125) (3569) (28). Voluntary escape by officer. Any sheriff, or other officer or person, who has the legal custody of any person charged with, or convicted of an indictable offense, and who voluntarily permits or suffers such person to escape, must, on conviction, be imprisoned in the penitentiary not less than two, nor more than twenty years. (Form 90.)

A de facto officer is guilty as well as a de jure.-Pentecost's case, 107 Ala. 81; Diggs's case, 49 Ala. 311; Cary's case, 76 Ala. 78; Cook's case, 91 Ala. 54; Andrew's case, 78 Ala. 483 (overrules Kavanaugh's case, 41 Ala. 399). The appointment of deputy-sheriff need not be in writing.-Pentecost's case, 107 Ala. 81.

4700 (3991) (4603) (3905) (357). Voluntary escape by officer of penitentiary. Any officer or other person employed in the penitentiary, or who has charge of a convict, who voluntarily suffers any convict imprisoned therein to escape, must, on conviction, be imprisoned in the penitentiary for a period equal to the unexpired term of such convict, but in no case less than two years.

4701 (3992). Concealing, harboring, or aiding escaped convict. Any person, who knowingly conceals, harbors, or in any way aids or assists any escaped convict, whether such escaped convict be under sentence to the penitentiary, or to hard labor for the county, must, on conviction, be imprisoned in the penitentiary for not less than one, nor more than five years.

4702 (3993) (4126) (3570) (29). Negligent escape.-Any officer or person, who has the legal custody of any person charged with, or convicted of an indictable offense, and who through negligence suffers such person to escape, must, on conviction, be fined not less than two hundred, nor more than one thousand dollars. (Form 65.)

Negligent escape.-Nall's case, 34 Ala. 262. A hirer of convicts who negligently allows escapes is guilty.-Smith's case, 76 Ala. 69. His bond as hirer of convicts is admissible against him.-Ib. See note to section 4699. Form of indictment sufficient.-Kavanaugh's case, 41 Ala. 399.

4703 (3994) (4127). Same; by hiring convicts contrary to law. Any officer charged with the duty of hiring convicts, who knowingly hires a convict to any person related to such convict by consanguinity or affinity within the fifth degree, or hostile to such convict, or of inhumane disposition, must, on conviction, be fined not less than two hundred, nor more than one thousand dollars.

4704 (3995). Same; by hirer permitting convict to go at large, or insufficiently guarded.-Any hirer of state or county conviets, who suffers or permits any convict under his control to go at large at any time during the term for which such convict was sentenced, or who fails to keep such convict safely confined, or attended by a sufficient guard, must, on conviction, be fined not less than two hundred, nor more than one thousand dollars.

4705 (3996) (4133) (3576) (35). Escape of convict from jail or hard labor. Any convict, sentenced to imprisonment in the county jail, or to hard labor for the county, who escapes from such confinement, or departs or runs away from such labor before the expiration of the time for which he was sentenced, must, on conviction, be sentenced to the same punishment for not more than six months.

4706 (3997) (4498, 4502) (3798, 3802) (252, 254). Escape of prisoner on removal from jail, or from one county to another.-Any sheriff, jailer, guard, or other person, who, having charge of any prisoner while being removed from any jail on fire, or endangered by the burning of any other building, or on account of his life or health being seriously endangered by longer confinement therein, or while being removed from the jail of one county to that of another, negligently or voluntarily suffers such prisoner to escape, is guilty of an escape, as if such person had escaped from jail, and, on conviction, must be punished accordingly.

4707 (3998) (4600) (3902) (354). Escapes and attempts to escape from penitentiary, hirer, or guard.-Any convict, who escapes, or attempts to escape, from the penitentiary, or from any person to whom he may be hired, or from any person or guard having him in charge under authority of law, either within or outside the walls of the penitentiary, before the expiration of the term for which he was sentenced, must, on conviction, be imprisoned for an additional term of not more than one year.

4708 (3999) (4604) (3906) (358). Escapes by United States prisoners from penitentiary.-If any convict, committed by any court of the United States, escapes, or attempts to escape, out of the penitentiary, he is subject, on conviction, to the same punishment as if he had been committed by virtue of a conviction under the laws of this state; and the officer having charge of such convict is liable to the same penalties and punishment for any neglect or violation of duty in respect to the custody of such convict, as if he had been committed under a conviction, and sentenced under the laws of this state.

4709 (4000) (4570) (3872) (324). Escapes or attempts to escape by convict while being conveyed to penitentiary.— All statutory provisions in regard to escapes and attempts to escape from the penitentiary by convicts are applicable to escapes and attempts to escape by them while being conveyed to the penitentiary.

4710 (4001). Escapes not otherwise provided for.-Any prisoner, who escapes from lawful custody, or any officer, or other person, who aids in such escape, if there is no other punishment prescribed by 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 six months.

Floyd's case, 79 Ala. 39.

4711 (4002) (4130, 4602) (3573, 3904) (32, 356). Aiding convicts to escape from place of confinement; rescue.-Any person, who conveys into the county jail, or into the penitentiary, or into any

convict-prison, or into any other lawful place of confinement, any disguise, weapon, tool, instrument, or other thing useful to aid any prisoner to escape therefrom, with the intent to facilitate the escape of any prisoner lawfully confined therein under a charge or conviction of felony, or who, by any other act, or in any other way, aids or assists such prisoner to escape, whether such escape be attempted or effected or not, or who rescues, or attempts to rescue, any such prisoner therefrom, or from the lawful custody of any officer or person, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than ten years.

Two persons aiding each other, by trying to burn a hole and escape, each guilty in assisting the other.-Luke's case 49 Ala. 30. This section creates a new and different offense from common-law offense of aiding felon to escape; section construed.-Wilson's case, 61 Ala. 151. What the indictment must allege.-Kyle's case, 10 Ala. 236; Ramsey's case, 43 Ala. 404; Wilson's case, 61 Ala. 151; Tramell's case, 111 Ala. 77; Walker's case, 91 Ala. 32; Hurst's case, 79 Ala. 55. Indictment best evidence of cause of imprisonment.-Luke's case, 49 Ala. 30. The prisoner must be confined on a charge under the laws of the state. Tramell's case, 111 Ala. 77. A conviction for introducing a file into the jail to facilitate escape of prisoner charged with a misdemeanor is a bar to prosecution for same act to facilitate escape of felon.-Hurst's case, 86 Ala. 604. A prisoner in jail is not the accomplice of the party who tries to facilitate his escape.-Ash's case, 81 Ala. 76. Offense cannot be accomplished against prisoner's known consent.-Hurst's case, 79 Ala. 55.

4712 (4003) (4131) (3574) (33). Aiding other prisoner to escape. Any person, who, by any of the means specified in the last preceding section, or by any other act, or in any other manner whatsoever, intentionally assists, or attempts to assist, any prisoner to escape from any county jail, or other lawful place of confinement, in which he is lawfully confined under a charge or conviction of misdemeanor, whether such escape be attempted or effected or not, or who rescues, or attempts to rescue, any such prisoner therefrom, or from the lawful custody of any officer or person, 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.

Hurst's case, 86 Ala. 604. See citations to preceding section.

4713 (4004) (4132) (3575) (34). Aiding prisoner to escape from custody of officer.-Any person, who does any act with intent to assist any prisoner in escaping, or attempting to escape, from the custody of any officer or person having the lawful charge of him, upon any criminal charge or conviction, must, on conviction, be punished as if he had assisted such prisoner to escape, or attempt to escape, from the county jail.

CHAPTER 152.

FINES AND FORFEITURES. 4714-4718.

4714 (4894) (4458) (3763) (216). Fines to go to county, and judgment accordingly.-All fines go to the county in which the indictment was found, or the prosecution commenced, unless otherwise expressly provided; and judgment therefor must be entered in favor of the state, for the use of the particular county.

Judgment for fines must be in name of state, for use of the county.-Warfield's case, 34 Ala. 261. Proceeds of hire of county convicts belong to the fine and forfeiture fund.-State v. Coleman, 73 Ala. 550.

4715 (4895) (4461) (4438). Surplus of fund to pay officers. Whenever there shall be a surplus of the fund arising from fines and forfeitures in the county treasury of any county, over and above the sum required to pay the registered claims of state witnesses, the county treasurer of such county must pay the fees of the officers of court arising from criminal cases in which the defendant is not convicted and the costs are not imposed on the prosecutor, or in which defendants have been convicted, and have been proved insolvent by the return of executions "no property found," or in cases in which the state enters a nolle prosequi, or where the indictment has been withdrawn and filed, or the prosecution abated by the death of the defendant.

Statute construed.-Herr v. Seymour, 76 Ala. 270. Fees of justices not payable out of fine and forfeiture fund, as fees of officers of court are in certain cases.-McPherson v. Boykin, 76 Ala. 602. Claims of witnesses can only be authenticated by clerk's certificate, not by foreman of grand jury.-Alston v. Yerby, 108 Ala. 480. As to priority of payments.-Herr v. Seymour, 76 Ala. 270; Stone v. Ames, 91 Ala. 644. When mandamus will lie against county treasurer to compel payment.-Sessions v. Boykin, 78 Ala. 328. When clerk's fees are claims against the fund.-Bilbro v. Drakeford, 78 Ala. 318. Fees for defendant's witnesses.-Hill's case, 78 Ala. 1. When costs on forfeited recognizance claim against county.-Parker's case, 83 Ala. 269. Claims against fund once lost may be revived by legislature.-Brown v. Parris, 93 Ala. 314. Legislature may change disposition, as rights do not become vested thereto so as to prevent.-Harold v. Herrington, 95 Ala. 395.

4716 (4896) (4462) (4439). Same; officer's statement under oath; when to refund.-In cases specified in the preceding section, the officers of court must make a statement under oath of the amount of such fees due them respectively, setting out the style of each case and the term at which judgment was rendered; and if at any time such costs so enumerated, or any part thereof, shall be paid to such officers of court by the defendants, under execution or otherwise, they must refund the same to the county treasurer, who must place the amount to the credit of the fine and forfeiture fund of the county.

4717 (4897) (4463). Same; when indictment withdrawn, afterwards reinstated, and defendant convicted.-When an indictment. has been withdrawn and afterwards reinstated, and the defendant convicted, the fees paid under section 4715 (4895) shall be taxed