Mar. 3. 1903, p. 78, § 16: Mar. 4. 1907. p. 187, § 1: pared by the commissioner of agriculture and industries, or who knowingly uses a counterfeit of such tag, or who uses a second time a genuine tag, or who uses the tag of a former season, must, on conviction, be fined one hundred dollars. (Feb. 23, 1883, p. 195, § 16; Feb. 17, 1885, p. 174, § 20.) 6883. (5563) (4156) Making false certificate of analysis of fertilizer. Any chemist who willfully makes a false certificate of the analysis, or of the ingredients of any fertilizer, intended or offered for sale or exchange, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years. (Feb. 17, 1885, p. 174, § 25.) 6884. (5564) (4157) Dealing in commercial fertilizers without license. Any person who sells or exchanges fertilizers without having obtained a license from the commissioner of agriculture and industries, as provided by law, must, on conviction, be fined not less than one hundred dollars for each offense. (Feb. 17, 1885, p. 176, § 28.) 6885. (5565) (4158) Fraud in manufacture, sale, or exchange of fertilizer.-Any person who commits a fraud in the manufacture, sale, or exchange of any fertilizer, or of any of the ingredients of a fertilizer, must, on conviction, be fined not less than one hundred dollars for each offense. (Feb. 17, 1885, p. 176, § 16.) 6886. Selling fertilizer falling below guaranteed total value, penalty for.-Any person, firm, or corporation who sells any fertilizers or fertilizer material that shall prove deficient in any of its ingredients as guaranteed and branded on the sacks. Aug. 14. bags, or packages containing the same, so that by reason of such deficiency the commercial value of such fertilizers shall 744. § 5. fall more than five per cent below the guaranteed total commercial value of fertilizer or fertilizer material, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred nor more than one thousand dollars. 1907, p. Mar. 4. 1901. p. 190, § 3: Mar. 2. 1907, P. 212.6 3. 6887. Sale of cotton seed meal without tags and analysis, penalty for. Any person, firm, or corporation offering for sale cotton seed meal as fertilizers in this state, who shall fail to have tags attached to each bag, sack, or parcel or package containing the same, with a guaranteed analysis of such meal printed thereon, or in case of a sale in bulk, to have such analysis set forth in the contract of sale, stating the per cent of ammonia, phosphoric acid, and potash contained therein; or any person, firm, or corporation who sells as fertilizers cotton seed meal which does not contain the ingredients as set forth in the contract of sale or stamped on the tags attached to the bags, sacks, or other packages or parcels containing the same; or any person, firm, or corporation who sells as a fertilizer any cotton seed meal containing less than eight per cent of ammonia, or any person, firm, or corporation who sells any cotton seed meal in bags, sacks, or other packages or parcels, without having stamped or printed plainly in large capital letters on the sacks, bags, or other parcels or packages containing the same, the words "high grade," when such cotton seed meal contains eight per cent of ammonia, as above, and the words "low grade" when such cotton seed meal contains below eight per cent of ammonia, is guilty of a misdemeanor, and shall, upon the first conviction, be fined not less than one hundred dollars nor more than one thousand dollars, and upon any subsequent conviction be fined not less than one thousand nor more than five thousand dollars. 6888. (4714) (4894) (4458) (3763) (216) Fines to go to county, and judgment accordingly.-All fines go to the county Feb. 21, Amended, 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. 1899, p. 59, § 1. Toulmin's Digest, pp. 364-368. (Aikin's Digest, pp. 199-201, § 10; Clay's Digest, pp. 427-429, § 2.) Duty of county treasurer as to fine and forfeiture fund; fine and forfeiture fund is under the control of the legislature; mandamus may lie against county treasurer to compel payment out of funds.Sessions v. Boykin, 78 Ala. 328. County has title to fine and forfeiture fund; county may maintain suit at law or in equity for misappropriation of funds; payments of certificates after registration; enforcement of lien against bond of county treasurer for payment.-Jackson Co. v. Derrick, 117 Ala. 348 (23 So. 193). The fund is composed of fines and forfeitures arising from criminal prosecution or penalties for contempt; it primarily belongs to the state; it is usually by statute set apart for special uses; it is the part of the legis lature to dispose of it.-Sanders v. Elmore Co., 117 Ala. 543 (23 So. 788). County commissioners have no power to dispose of the funds except such as is given them by statute.-Brown v. Parris, 93 Ala. 314 (9 So. 603). Reviver of barred claims by statute of limitations.-Brown v. Parris, 93 Ala. 314 (9 So. 603). 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. 6889. (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, unless the payment or distribution of such funds are otherwise provided for. (Feb. 28, 1887, p. 146; Feb. 17, 1876, p. 209, § 1; Jan. 28, 1876, p. 209; Dec. 12, 1864, p. 79; Nov. 14, 1862, p. 74, § 1.) The state, by the common law, pays no costs; in the absence of statute, the state nor defendant are not liable for costs or fees.-State v. Brewer, 59 Ala. 130. Consolidation of fine and forfeiture fund and general fund.-Scruggs v. Underwood, 54 Ala. 186; Michael v. Marengo Co., 52 Ala. 159. When claims barred for failure to present to commissioners' court.-Michael v. Marengo Co., 52 Ala. 159; Palmer v. Fitts, 51 Ala. 489; Briggs v. Coleman, 51 Ala. 561. Local statute for Mobile county held not to prohibit a partial payment of claim.-Stone v. Ames, 91 Ala. 644 (8 So. 421). Priority of witness claims over those of fees of officers.-Hawkins v. State, 124 Ala. 102 (27 So. 215); Stone v. Ames, 91 Ala. 644 (8 So. 421). Fees of clerk, from what fund payable under special law for Mobile county.-Mobile Co. v. Powers, 103 Ala. 207 (15 So. 642). Fine and forfeiture fund is one accruing from pecuniary penalties and punitive impositions in the nature of profits arising from our system of criminal procedure. State v. Coleman, 73 Ala. 550. 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 (18 So. 559). As to priority of payments.-Herr v. Seymour, 76 Ala. 270; Stone v. Ames, 91 Ala. 644 (8 So. 421). 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 (3 So. 552). Claims against fund once lost may be revived by legislature.-Brown v. Parris, 93 Ala. 314 (9 So. 603). Legislature may change disposition, as rights do not become vested thereto so as to prevent.-Harold v. Herrington, 95 Ala. 395 (11 So. 131). 6890. (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. (Nov. 14, 1862, p. 74, § 2.) 6891. (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 6889 (4715) shall be taxed against such defendant as a part of the costs; and, upon the collection thereof, shall be paid into the fine and forfeiture fund. (Feb. 17, 1876, p. 209, § 2.) 6892. (4718) (4898) (4464) (4440) Penalty for failure to make statement and refund fees afterwards collected.-Any officer of the court, failing or refusing to comply with the requirements of the two preceding sections, must pay fourfold the amount so withheld, to be recovered by motion of the county treasurer in the circuit court of the proper county, on three days' notice to the defendant. (Aikin's Digest, p. 200, § § 5 and 6; Nov. 14, 1862, p. 74, § 3.) CROSS REFERENCES. FINES AND FORFEITURES (Criminal Code) ..6888-6892 (r.c.c.) 6893. (4342) Presenting firearms at another.-Any person who presents at another person any gun, pistol, or other firearm, whether loaded or unloaded, or any Roman candle, must, on conviction, be fined not less than ten nor more than one hundred dollars. (Form 60 [49].) (Feb. 28, 1889, p. 67.) The term "other firearm" not too indefinite to charge in an indictment.-Elmore v. State, 140 Ala. 184 (37 So. 156). Abusive words no extenuation or justification; wife not a competent witness under this statute, though married subsequent to the offense.-Elmore v. State, 140 Ala. 184 (37 So. 156). When finding upon facts will not be reviewed on appeal. Norille v. State, 131 Ala. 35 (31 So. 19). Not unconstitutional; not intended to interfere with the right of self-defense.-Davenport's case. 112 Ala. 49 (20 So. 971). If weapon discharged and death results, the killing cannot be less than involuntary manslaughter.-Johnson's case, 94 Ala. 35 (10 So. 667); Sanders's case, 105 Ala. 4 (16 So. 935). 6894. (5352) Discharging cannon or firing salute in capitol grounds without permission of governor.-Any person who discharges any cannon or fires any salute in the grounds of the state capitol, without the permission of the governor, must. on conviction, be fined not less than two hundred nor more than five hundred dollars. (Feb. 18, 1891, p. 1334, § 2.) 6895. (5353) (4094) (4228) (3671) (129) Using firearms while fighting in public place.-Any person who, while fighting in the streets of any city or town, or at a militia muster. or at any public place, whether public in itself or made public at the time by an assemblage of persons, uses, or attempts to use, except in self-defense, any kind of firearms, must, on conviction, be fined not less than two hundred 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 less than six months. (Form 111 [89].) 6896. (5355) (4096) (4230) (3751) (204) Selling, etc., pistol or bowie-knife to minor.-Any person who sells, gives, or |