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Feb. 12,

1891, p.587. Feb. 18, 1895,

must enter the same of record at the next ensuing term, under the direction of the presiding judge; and such commuted sentence must be executed as if it had been rendered by said court.

5459 (4532) (5001) (4324) (773). Remission of imprisonment on recommendation of inspectors.-The governor may, in his discretion, remit a part of the imprisonment of a convict in the penitentiary, on the written recommendation of the board of inspectors, to the effect that such convict has conducted himself in an unexceptionable manner during his imprisonment, and that the remission of the remainder thereof would not, in their opinion, be inconsistent with the public good; but no such remission must be granted on the recommendations of the inspectors alone, unless the convict has been imprisoned one-third of the term for which he was sentenced, or, when sentenced for life, or for more than twenty years, has served at least seven years.

5460 (4533) (5002) (4325) (774). Deduction from term of punishment for good conduct.-Whenever the inspectors of convicts p. 849, $87. shall report to the governor that the conduct of any convict in the penitentiary, or at hard labor for the county, has been good during any year or years of his imprisonment, the governor may, in his discretion, order a portion of the sentence of such convict to be deducted. for each year of good conduct as follows: From each of the first two years, two months; from each of the next two years, three months; from each of the next two years, four months; from each of the next two years, five months, and from each remaining year after eight years, six months. When the sentence is for less than two years, and not less than six months, such good behavior entitles the convict to a pro rata deduction of the time allowed for the first two years; but no deductions shall be granted in any case where the sentence is for less than six months. But the provisions of this section do not apply to any convict who, after having served a sentence, or a portion of a sentence, either in the penitentiary or at hard labor for the county, has been convicted of a felony, or of a misdemeanor involving moral turpitude; nor to any convict who escapes, or attempts to escape, subsequent to February 12, 1891.

Feb. 13, 1897, p. 867,

$1.

Ib. $2.

5461. Governor may suspend sentence and parole convict on good behavior.-The governor may, whenever he thinks best, authorize and direct the discharge of any convict from custody and suspend the sentence of such convict without granting a pardon, and prescribe the terms upon which a convict so paroled shall have his sentence suspended.

5462. Convict failing to observe terms of parole may be rearrested and required to serve out sentence.-Upon the failure of any convict to observe the conditions of his parole, to be determined. by the governor, the governor shall have authority to direct the rearrest and return of such convict to custody, and thereupon said convict shall be required to carry out the sentence of the court as though no parole had been granted him.

CHAPTER 186.

RESISTING PROCESS AND REFUSING TO AID OFFICER. 5463-5466.

5463 (3974) (4137) (3580) (39). Resisting officer in execution of process. Any person, who knowingly and willfully opposes or resists any officer of the state in serving, executing, or attempting to serve or execute, any legal writ or process whatsoever, 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. (Form 73.)

An officer de facto, a sufficient officer.-Heath's case, 36 Ala. 273; Cary's case, 76 Ala. 78; Floyd's case, 79 Ala. 39. What constitutes a de facto officer. Ib. 273; Ib. 78. When and what resistance allowed to a levy on articles exempt.-Johnson's case, 12 Ala. 840. When resistance a simple assault and battery.-Jones's case, 60 Ala. 99. Indictment alleging offense to be after returnday of process, is defective.-McGehee's case, 26 Ala. 154. Sufficient to describe the officer resisted as a constable, or magistrate, or a justice of the peace, without alleging that he was at the time a constable or a justice of the peace.-Murphy's case, 55 Ala. 252. Alternative averments that the warrant was issued by a justice of the peace or a notary public, allowed.-Murphy's case, 55 Ala. 252. Conviction of this offense bars indictment for assault. Johnson's case, 12 Ala. 840. A party may resist the taking of his property under process against a stranger.-Smith's case, 105 Ala. 136. One who voluntarily goes to an officer with process against him, and snatches it from the officer and refuses to allow it to be executed until his attorney can inspect it, is guilty.-King's case, 89 Ala. 43. A defendant who is arrested and carried before a magistrate, but escapes before commitment, may be rearrested under same process.-Floyd's case, 79 Ala. 39. A special deputy, appointed to execute the particular process, is protected.-Andrews's case, 78 Ala. 483, overruling dictum in Kavanaugh's case, 44 Ala. 399.

5464 (3975) (4138) (3581) (40). Refusal to aid in arrest for breach of the peace.-Any person, who, being required by any justice or other conservator of the peace, upon view of any breach of the peace, or other offense proper for the cognizance of such officer, to apprehend or assist in apprehending the offender, and bring him before such officer, refuses or neglects to obey the command of such officer, must, on conviction, be fined not less than fifty, nor more than three hundred dollars.

5465 (3976) (4139) (3582) (41). Refusal to aid officer in making arrest or executing process.-Any person, who, having been summoned or commanded by any sheriff, constable, or other officer having authority, to assist such officer in making an arrest, or in executing any other duty devolving upon him under any law in relation to public offenses, refuses or neglects to obey such summons or command, must, on conviction, be fined not less than fifty, nor more than three hundred dollars.

It is no excuse that the person thinks it dangerous and futile to obey, but it is proper to submit these questions to the jury.-Dougherty's case, 106 Ala. 63. Policeman or town marshal has right to summon citizens.-Martin's case, 89 Ala. 115. The necessity does not admit of delay; the citizen has no duty to inspect the process before obeying; is not responsible if there be no process. Watson's case, 83 Ala. 60.

5466 (3977) (4140) (3583) (42). Resisting person aiding officer in execution of process.-Any person, who assaults, beats, or resists a person not an officer, who is acting in obedience to the lawful summons or command of any justice, sheriff, or other officer, with a knowledge of such command or summons, must, on conviction, be punished in the same manner as if he had assaulted or resisted the officer himself.

CHAPTER 187.

REVENUE, OFFENSES CONCERNING. 5467-5472.

5467 (3892) (4274). Engaging in or carrying on business without license.—Any person, who, after the fifteenth day of January in any year, engages in or carries on any business for which a license is required, without having taken out such license, must, on conviction, be fined three times the amount of the state license. (Form 44.)

License to sell intoxicating liquors is a permit which may be revoked, and not a contract.-Powell's case, 69 Ala. 10; Jones v. Hilliard, Ib., 300. Permission by city to retail does not protect one from indictment by state.-Davis's case, 4 Stew. & Port. 83; Estabrook's case, 6 Ala. 653. Only one license required to sell in two adjoining and communicating rooms of same proprietor. Hochstadler's case, 73 Ala. 24. Statute exacting license of products of other states and not of this state, unconstitutional.-Vines's case, 67 Ala. 73. Law requiring license for peddling is constitutional.-Seymour's case, 51 Ala. 52. Also for practicing law. Cousins's case, 50 Ala. 113. Also for selling sewingmachines.-Quartlebaum's case, 79 Ala. 1. Construction of law requiring license.on pistols, bowie-knives, etc.—Porter's case, 58 Ala. 66. "To engage in or carry on any business," within the meaning of the revenue law, is to pursue an occupation or employment, as a livelihood, or as a source of profit; but it is not necessary that it should be the party's sole occupation or employment; it is a question of intention for the determination of the jury.-Harris's case, 50 Ala. 127. See also Moore's case, 16 Ala. 411; Carter's case, 44 Ala. 29; Johnson's case, Ib. 414; Bryant's case, 46 Ala. 302; Espy's case, 47 Ala. 533; Weil's case, 52 Ala. 19; Grant's case, 73 Ala. 13. See also Abel's case, 90 Ala. 631. And it is immaterial whether such profit was realized or not.-Weil's case, 52 Ala. 19. While a single act pertaining to a business may not be sufficient, a series of such acts will.-Weil's case, 52 Ala. 19; Martin's case, 59 Ala. 34; Sanders's case, 58 Ala. 371; Lawson's case, 55 Ala. 118; McPherson's case, 54 Ala. 221; Ulmer's case, 61 Ala. 208; Bryant's case, 46 Ala. 302; Jackson's case, 50 Ala. 141. When one act of sale or exhibition sufficient proof of engaging in business.—Chambers's case, 26 Ala. 64; Abel's case, 90 Ala. 631. To constitute occupation or vocation.-Johnson's case, 44 Ala. 414. What constitutes a "dealer in tobacco."-Carter's case, 44 Ala. 29. "Commission merchant."-Perkins's case, 50 Ala. 154. A "theater."-Gillman's case, 55 Ala. 248. "Exhibition of sleight of hand."-Pike's case, 35 Ala. 419. "Retailing liquor. Lemon's case, 50 Ala. 130; Lillensteine's case, 46 Ala. 498; Nicrosi's case, 52 Ala. 336; Winter's case, 30 Ala. 22. "Wholesale liquor-dealer."-Espy's case, 47 Ala. 533; Hafter's case, 51 Ala. 37. "Sewing-machines."-Merritt's case, 59 Ala. 46; Quartlebaum's case, 79 Ala. 1. "Distilling."-Grant's case, 73 Ala. 13. Intent necessary; and how proved, and for the jury.-Carter's case, 44 Ala. 29; Merritt's case, 59 Ala. 46; Weil's case, 52 Ala. 19. Superintendent, or manager, of corporation without license, indictable.-Elsberry's case, 52 Ala. 8. Two or more persons jointly indicted liable to joint or separate fine. Lemon's case, 50 Ala. 130. Taking out license subsequent to acts done, no defense.-Elsberry's case, 52 Ala. 8. Indictment may allege in one count, conjunctively, different liquors, “brandy, whisky and gin," just as different articles stolen may be alleged in larceny.-Whitted's case, 3 Ala. 102. For retailing liquor, must allege the place, with sufficient certainty to show amount of license required, so that, on conviction, the proper fine may be imposed.

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Harris's case, 50 Ala. 127; Childs's case, 52 Ala. 14; Hafter's case, 51 Ala. 37. Averment of time fixed by law for taking out license, when held necessary. McIntyre's case, 55 Ala. 167. When not.-Henback's case, 53 Ala. 525. Indictment must conform to statute describing the offense.-McPherson's case, 54 Ala. 221. Sufficiency of indictment for "selling sewing-machines" without license.-Merritt's case, 59 Ala. 46. "Exhibiting feats of sleight of hand." Pike's case, 35 Ala. 419. "Distilling liquors."-Johnson's case, 44 Ala. 414. "Practicing law."-Cousins's case, 50 Ala. 113. "Wholesale liquor-dealer." Koopman's case, 61 Ala. 70. "Retailing liquor."-Harris's case, 50 Ala. 127; Childs's case, 52 Ala. 14. "Keeping a restaurant."-Huttenstein's case, 37 Ala. 157. Hawking and peddling."-Sterne's case, 20 Ala. 43. Peddling." May's case, 9 Ala. 167. Evidence for state need not show that there is no license; burden is on defense to prove that a license was taken out.-Porter's case, 58 Ala. 66. Penalty is three times amount of annual license.-Weil's case, 52 Ala. 19. A verdict fixing the fine at $375 is sufficiently definite. Sampson's case, 107 Ala. 76. The clerk of principal who makes the sale is guilty of carrying on business.-Abel's case, 90 Ala. 631; Dentler's case, 112 Ala. 70. A traveling agent, selling by sample only and sending orders to principal out of state, is not required to have license for carrying on business in state.-Ex parte Murray, 93 Ala. 78; Agee's case, 83 Ala. 110. Selling whisky in prohibition district is not an offense of carrying on business without license. Cost's case, 96 Ala. 60. License to partnership to peddle is protection to one of its members.-Shiff's case, 84 Ala. 454. Proof of sales out of county of indictment is admissible to show accused was carrying on business of itinerant dealer. Ib. The indictment need not allege business was carried on since January 15th; this is matter of defense.-Dentler's case, 112 Ala. 70. If verdict fix fine at too great amount court may order jury to retire and correct it.-Ib. Indictment need not state year in which business was carried on.-Ib. License a tax for which state may maintain action of debt.-State v. Fleming, 112 Ala. 179.

5468 (3895). Selling lightning-rods without license.—Any person, who sells lightning-rods for himself or as agent for another, without payment of the tax required by law, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars.

5469 (3896). Engaging in business as mercantile agent for unlicensed agency.-Any agent or correspondent of any unlicensed person, partnership, or corporation, engaged in the business of inquiring into, and reporting upon the credit and standing of persons doing business in this state, who makes any report to, or transacts any business for his principal, must, on conviction, be fined not more than five hundred dollars.

5470 (3897). Acting as agent for unlicensed foreign insurance company. Any person, who acts as agent of any unlicensed foreign insurance company, must, on conviction, be fined in a sum equal to the state, county and municipal tax required to be paid by such company for license, and five hundred dollars in addition thereto; and, on a second or other conviction, must be fined one thousand dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for six months.

Jackson's case, 50 Ala. 141; Robinson's case, 86 Ala. 622.

5471 (3903) (4277). False or fraudulent list by taxpayer.-Any taxpayer, or other person, whose duty it is to return tax-list, who renders a false or fraudulent tax-list, must, on conviction, be fined not less than fifty, nor more than two hundred dollars, at the discretion of the court; and it is the duty of the assessor to present all persons so offending to the first grand jury thereafter.

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5472. Failure of president or cashier of bank to make returns to assessor. Any president or cashier of any bank or banking association, who fails or refuses to make out, swear to and deliver to the tax-assessor, the statement required by subdivision 8 of section 3911 of this Code, within the time therein prescribed, must, on conviction, be fined not less than two hundred dollars, and may also be sentenced to hard labor for the county for not more than three months.

Feb. 28, 1889, p. 99, $1.

CHAPTER 188.

RIOTS, ROUTS AND UNLAWFUL ASSEMBLIES. 5473-5478.

5473 (3765) (4102) (3549) (9). Unlawful assemblies.-If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them must, on conviction, be punished, at the discretion of the jury, by fine and imprisonment in the county jail, or hard labor for the county, for not more than six months.

5474 (3766) (4103) (3550) (10). Riots and routs.-If any persons, unlawfully assembled, demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any dwelling-house or other building, or any ship or vessel, they must each be punished, on conviction, at the discretion of the jury, by fine and imprisonment in the county jail, or by imprisonment in the penitentiary, for not less than two, nor more than five years. (Form 74.)

5475. Selling liquor, arms, etc., during riot in city, town, or village. Whenever any mob, riot, or tumult occurs in any city, town, or village, all persons therein who sell intoxicating liquors, arms, ammunition, dynamite, or other explosives, shall immediately close their barrooms, saloons, shops, or other places where such business is carried on, and keep them closed, and refrain from selling, bartering, lending, or giving away any of the articles above mentioned, until such time as public notice shall be given by the sheriff, mayor or intendant, that such places may be opened, and such business carried on; and any person failing to close up such barroom, saloon, shop, or other place where any of the businesses above mentioned are carried on, or who sells, barters, or gives away any of the articles mentioned, after knowing, or having good reason to believe, that a riot, mob, or tumult has occurred, or is then going on, shall be guilty of a high misdemeanor, and, on conviction thereof, shall forfeit his license, and forever thereafter be debarred from engaging in such business, and may be fined not less than five hundred dollars nor more than one thousand dollars, and may also be imprisoned for not more than one year, either or both, at the discretion of the jury trying the case.

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