protect property against trespass; human life cannot be taken.-Simpson's case, 59 Ala. 1. Actual possession of lands, on unknown boundary lines, which is acquiesced in, will support prosecution.-Sherman's case, 105 Ala. 115; Lawson's case, 100 Ala. 7. That defendant had legal title to the land is no defense, if party warning is in actual possession.-Lawson's case, 100 Ala. 7. "Legal cause or good excuse" is not shown by proof that defendant, to avoid driving wagon over land, would have been compelled to cut road and causeway it.-Wilson's case, 87 Ala. 117. It is error to admit proof of more than one entrance, particularly entrance after prosecution commenced.-Chappell's case, 86 Ala. 54. There must be an entry after the warning; warning party while on the land and he not returning is insufficient.-Goldsmith's case, 86 Ala. 55. The warning must be given by party in possession, the lessee or tenant, and not the landlord or owner, unless in actual possession.-Sewell's case, 82 Ala. 57; Matthews's case, 81 Ala. 66. Feb. 18, p. 1256. 5607. Trespass by cutting timber on lands of another with in- 1897, tent, etc.-Any person, who knowingly enters upon the land of another and cuts down any wood or timber growing thereon, with intent to remove and appropriate the same to his own use, shall, on conviction, be fined not more than two hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months; and the fine in such case goes to the injured party. 5608. Going back into possession of real estate after disposses- Feb. 21, sion under legal process.-Any person, or his privy, who, having been dispossessed of any real estate by an officer under legal process from any court having jurisdiction of the subject-matter, goes back into the possession of such real estate by force or otherwise, or who, having regained possession of such real estate, holds the same by force or threats, without having been restored to the possession of such real estate by an order of a court of competent jurisdiction, shall, on conviction, be fined not less than two hundred, nor more than one thousand dollars, and imprisoned in the county jail for not less than six months; and one-half of the fine shall go to the person for whose benefit the writ of possession is issued. 1891, p. 339. 5609. Trespass upon the lands of the state.-Any person, who Feb. 4, knowingly and willfully enters upon the lands of the state and cuts any timber, or cultivates such land, or otherwise appropriates the same to any private use without lawful authority, must, on conviction, be fined not less than one hundred dollars, and may also be imprisoned in the county jail for not more than thirty days; and this section must be given in special charge to the grand juries. 5610 (3877) (4416) (594, 595) (525, 526). Trespass on school lands; disposition of fine.-Every trespasser on school lands must, on conviction, be fined not less than three times the amount of the injury occasioned by such trespass; and the fine shall be added to the principal of the school fund of the township. 5611 (3880). Trespass on state capitol grounds.-Any person, who turns a horse or other animal of any kind to graze upon the grounds of the state capitol, must, on conviction, be fined not more than twenty dollars. 5612 (3875) (4417, 4420) (3736, 3738) (189, 191). Trespass on lands by cutting down trees, etc.; severing and taking property from freehold.—Any person, who willfully and maliciously commits any trespass on the lands of another, by cutting down or destroying any wood or timber growing thereon, or by severing from the freehold any produce thereof, or any property or thing thereto attached; or any person, who severs and carries away from the freehold any property or thing thereto attached under such circumstances as would render the trespass a larceny, if the thing severed and carried away were personal property, must, on conviction, be fined not more than two 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; and the fine goes to the injured party. The act must be willful and malicious; certain facts examined and held not to justify inference of malice.-Pippen's case, 77 Ala. 81. See also Johnson's case, 61 Ala. 9; McCord's case, 79 Ala. 269; Langston's case, 96 Ala. 44. 5613 (3876) (4425) (3742) (195). Trespass by cutting down shade-trees, shrubs, etc.-Any person, who maliciously, or for the purpose of injuring an individual, or the public, cuts down, destroys, or injures any trees or shrubs, planted or preserved for shade or ornament in any public street or square, or in any yard or grounds, must, on conviction (unless the trees or shrubs cut down or injured belong to him), be fined not less than fifty, nor more than two 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. 5614 (3878) (4414). Trespass by allowing stock to run at large 1889. p. 97. under common fence.-Any one of several persons occupying or cultivating lands under a common lawful fence, who turns stock of any kind into such inclosure, or knowingly suffers such stock to go at large therein, without the consent of all the persons owning or cultivating such lands, must, on conviction, be punished by a fine of not less than five, nor more than fifty dollars, and also the amount of damages inflicted by the stock, which damages shall be held as a part of the penalty imposed by the court, and shall go to the party injured. Mays's case, 89 Ala. 37; Cole's case, 72 Ala. 216. (Statute materially changed since these decisions.) As amended Feb. 28, 5615 (3879) (4415). Same; disposition of stock in default of payment of penalty.-Whenever a conviction shall be had under the preceding section, unless the full amount of the penalty is immediately paid, it shall be the duty of the sheriff, or other officer charged with the execution of the judgment of the court, to seize and hold the stock committing the trespass, and, after giving five days' notice, by posting at three or more public places in the neighborhood, to sell the same, and out of the proceeds to collect the amount of such penalty and costs; and the surplus shall be paid to the owner of such stock. 5616 (3881). Trespass on lands, by cutting or boxing pine-trees for turpentine.-Any person, who knowingly and willfully, and without the consent of the owner, enters upon the lands of any petson or corporation, or upon the lands belonging to the state, and cuts, girdles, or boxes any pine-tree for the purpose of obtainint crude turpentine, must, on conviction, be fined not more than fiv 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. ARTICLE 2. BURNING WOODS AND TURPENTINE FORESTS. 5617 (3882) (4426) (3743) (196). Burning woods willfully.—Any person, who willfully sets fire to the woods or forest on uninclosed lands not belonging to himself, or willfully causes fire to be communicated to such woods or forest (except during the months of February and March), must, on conviction, be fined not less than ten, nor more than two hundred dollars. 5618 (3883) (4427) (3744) (197). Burning pine forest willfully. Any person, who willfully sets fire to any pine forest which is used for the purpose of procuring turpentine, with the intent to injure or destroy the same, must, on conviction, be fined not less than one hundred, 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 twelve months. 5619 (3884) (4428) (3745) (198). Burning turpentine and other forest negligently.-Any person, who negligently causes fire to be communicated to any pine forest which is used for the purpose of procuring turpentine, or to any forest belonging to another, and thereby injures or destroys the same, must, on conviction, be fined not less than fifty, nor more than two hundred dollars. ARTICLE 3. INJURING AND DEFACING BUILDINGS, STRUCTURES, FENCES, BOATS, MILLDAMS, BOOMS, BRIDGES, ETC., AND OTHER OFFENSES CONCERNING PROPERTY. 5620 (3885) (4412, 4420) (3734, 3738) (187, 191). Injuring or defacing public or private buildings, or fences thereof.-Any person, who willfully injures or defaces any church, or building belonging to the state, or to any county, city, town, or private person, or writes or draws figures, letters, or characters on the walls thereof, or on the fences or inclosures thereof, must, on conviction, be fined not less than ten, nor 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; and the fine goes to the injured party. 5621 (3886) (4418, 4420) (3737, 3738) (190, 191). Injuring waterdams, bridges, canals, road-gates, etc.-Any person, who will Feb. 21, fully injures any mill-dam, or other dam to create water-power, or any embankment necessary to support such dam, or willfully removes, injures, or destroys any. lock, bank, culvert, aqueduct, or water-weir of any canal, or wantonly obstructs or hinders the free use or navigation of any canal, or wantonly opens any lock-gate, puddlegate, culvert-gate, or water-gate of any canal, or willfully injures or destroys, otherwise than by burning, any public bridge, toll-bridge, causeway, turnpike-gate, or other gate erected on any road by authority of law, 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; and the fine goes to the injured party. (Form 35.) Sufficiency of indictment for destroying public bridge under this section. Owens's case, 52 Ala. 400. Destroying a bridge to allow passage of a raft, when admissible as an excuse.-Ib. What no defense.-Ib. 5622. Trespass after warning on booms, bulkheads, or piles, erected or maintained by riparian proprietors.-Any person, who, having been warned within the twelve months next preceding by the owner or proprietor not to do so, trespasses upon any boom, bulkhead, or piles, lawfully erected or maintained in any of the waters of this state by any riparian owner or proprietor, by fastening any boat or other thing thereto, or by making any other use thereof, without first having obtained the consent of such owner or proprietor, or any person who continues to make such use of any such boom, bulkhead, or piles, after being warned by the owner or proprietor thereof to discontinue the same, must, on conviction, be fined not less than ten nor more than one hundred dollars for each day he continues to make such use of such boom, bulkhead, or piles; and one-half of the fine must go to the owner or proprietor thereof. 5623 (3887) (4424) (3741) (194). Injuring telegraph line or post.-Any person, who willfully cuts, pulls down, destroys, or in any manner injures any telegraph or telephone line, or any post or part thereof, 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. 5624 (3888) (4413, 4420) (3735, 3738) (188, 190). Maliciously or negligently breaking or destroying fences.-Any person, who unlawfully, maliciously, or negligently destroys, throws down, or breaks any, fence or inclosure of another, and fails immediately to rebuild or repair the same, must, on conviction, be fined not less than twenty, 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; and the fine goes to the injured party. Does not apply to fence on defendant's land, though built by other party, and thought to be on builder's land.-Wheeler's case, 109 Ala. 56. Does not apply to partition fence.-Ib. Has reference only to fences in which defendant has no property right.-Ib.; Hill's case, 104 Ala. 64. "Unlawfully, maliciously and negligently" defined.-Wheeler's case, 109 Ala. 56. Fence need not be "lawful" fence.-Hill's case, 104 Ala. 64. Ownership of fence is properly laid in tenant who is entitled to use thereof.-Ib. It is a defense that defendant threw down the fence to take out his own cattle, unlawfully detained.-Ib. Affidavit need not aver failure to repair break.-Brazleton's case, 66 Ala. 96. If the break is immediately repaired, it is a full defense.-Hill's case, 104 Ala. 64. 5625 (3889) (4413) (3735) (188). Injuring, breaking, or taking boat from its mooring.-Any person, who unlawfully or maliciously injures, breaks, cuts off, or carries away from its mooring or landing any ferry-boat, flatboat, canoe, or other vessel, the property of another, must, on conviction, be fined not less than twenty, 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; and the fine goes to the injured party. 5626 (3890) (4422) (3739) (192). Removing or destroying boundary marks, monuments, etc.-Any person, who willfully removes or destroys any monument or post, or cuts down, removes, or destroys any tree, or defaces, or alters the marks made on such monument, post, or tree, which monument, post, or tree was erected or used to designate the corner or any other point on the boundary of any lot or tract of land, 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 twelve months. 5627 (3891) (4423) (3740) (193). Removing or defacing milepost, guide-board, etc.-Any person, who willfully destroys or removes any mile-stone, post, board, or guide-board, set upon any road or highway, or willfully defaces, alters, or destroys any letters or figures thereon, must, on conviction, be fined not less than ten, nor more than fifty dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than thirty days. CHAPTER 199. VAGRANTS AND TRAMPS. 5628-5632. 5628 (4047) (4218) (3630) (88). Vagrancy; punishment of. Any person, who, having no visible means of support, or, being dependent on his labor, lives without employment, or habitually neglects his employment; or who abandons his family and leaves them in danger of becoming a burden to the public; or who, being an able-bodied person, is found begging; or who is a common drunkard, or a common gambler, or goes from place to place for the purpose of gambling; or who is a prostitute, or the keeper of a house of prostitution, and has no honest employment whereby to maintain herself, must, on conviction, for the first offense, be fined not less than ten, nor more than fifty dollars; and, on a second conviction within six months after the first, must be fined not less than fifty, nor more |