lends to any minor any pistol or bowie-knife, or other knife of like kind or description, must, on conviction, be fined not less than fifty nor more than five hundred dollars. (Form 103 [82].)

6897. Shooting, throwing missiles into, at, etc., dwelling and (w.c.c.) other houses. Any person who shoots a pistol or other firearm or slingshot, or who throws a stone or other missile at, into, in, through, or against a dwelling house, school house, church building, factory, storehouse, courthouse, or house or building used for manufacturing purposes, or any house or building used for the assembling of people for business or pleasure, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one thousand dollars, and may be sentenced to hard labor for the county for not longer than twelve months.

6898. (5587) (4167) Obstructing and preventing fish from running up rivers or creeks.—Any person who, by means of

(r.c.c.)

Feb. 19,

1907, p. 46, § 1.

Ib.. $3.

Ib.

Ib.. $4.

Aug. 13,

1907, p.

725, § 1.

dams, traps, or other obstructions, prevents the passage of fish up the waters of any river or creek in this state, must, on conviction, be fined not more than one hundred dollars.

(Jan. 20, 1879, p. 174; Dec. 11, 1882, p. 12, § 5.) Evidence to show that trap was constructed in violation of law to destroy fish.-Tutwiler Coal Co. v. Nichols, 39 So. 762.

6899. (5588) (4168) (4241) (3753) (206) Poisoning stream, or using explosive substance, to catch fish.-Any person who takes, catches, kills, or attempts to take, catch, or kill fish in any waters of the state, by poisoning the stream or body of water in which they are found, or by the use of any poisonous substance put in the water, or by the use of fish berries, lime, giant powder, dynamite, gunpowder, or any other explosive substance, must, on conviction, be fined not less than ten nor more than one hundred dollars, to be paid into the state treasury to the credit of the game and fish protection fund. (Feb. 19, 1883, p. 60.)

6900. Ownership and title of fish in the state. The ownership and title to all fish in the State of Alabama not held by private ownership legally acquired is in the State of Alabama for the purpose of regulating and controlling the use and disposition of them after catching, taking, or killing, as provided for in this Code.

6901. Seine, nets, traps, or other devices for catching fish prohibited. Any person who shall take, catch, or kill any fish in any of the waters of this state by means of any seine, trammel-net, gillnet, fishtrap, or any other device or trap, or by any means other than by ordinary hook and line, gig, spear, or trotline, except as provided in the next succeeding section, shall be guilty of misdemeanor, and, on conviction, shall be fined not less than fifty nor more than two hundred dollars.

6902. Exceptions to preceding section.-The preceding section shall not apply to ponds and reservoirs wholly on the premises of any person using such device; nor to the salt waters of the state; nor to any waters in the state in which the tide ebbs and flows; nor to small seines not more than twelve feet in length and four feet in width, known as minnow seine for catching minnows to be used for bait only.

6903. Fines and forfeitures converted into game and fish protection fund.—All money arising under the provisions of the three preceding sections from fines, forfeitures, etc., shall be forwarded to the state treasurer on the first day of each month and covered into the game and fish protection fund.

6904. Fishing, taking or killing fish in pools, lakes, or other bodies of water wholly upon lands of another; penalty for.—

Any one who shall take, catch, or kill, or in any way aid in the taking, catching, or killing of any fish in any pond, pool, lake, or other reservoir, or body of water wholly on the premises of another person, or go or be upon or trespass on the lands adjacent to such pond, pool, lake, or body of water for the purpose of catching or taking fish therefrom in any manner, or by any means whatsoever, without a written permit from the owner of such premises, or body of water (such permit when given to remain in force and effective for twentyfour hours, and no longer, unless otherwise specified in the permit itself, in which event the time, and also the terms of such permit to govern absolutely, unless revoked in writing by the party issuing the same and served in person on the party or parties so affected) shall be guilty of a misdemeanor, and, on conviction, may be fined not more than fifty dollars, but if the conviction be for seining, shooting, or dynamiting for fish, the fine shall not be for less than twenty-five dollars, to be paid in lawful money of the United States, and the defendant may also be sentenced to hard labor for the county for not more than ninety days, at the discretion of the court. 6905. Fines, forfeitures, and penalties, distribution of. Aug. 13, Each county game and fish warden shall receive one-half of all fines, forfeitures, and penalties collected in his county under this chapter. Such moneys shall be so paid by the courts collecting the same, and the remainder shall be forwarded to the state treasurer and covered into the game and fish protection fund.

CROSS REFERENCES.

FISH AND FISHING (Criminal Code)

725, § 1.

.6898-6905

FORCIBLE ENTRY AND UNLAWFUL DETAINER (Civil Code)..4260-4286

6906. (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.

6907. (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, 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.

6908. (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.

6909. (4719) (3851) (4332, 4333) (3635, 3636) (93, 94) Forgery in first degree.-Any person who, with intent to injure or defraud any person, corporation, state, or government, alters, forges, or counterfeits any bill, note, draft, check, certificate, or other evidence of debt, issued by any incorporated bank or banking company of this or any other state, or by the authority of any law of the United States, or private bank, or by any officer authorized to issue the same, or drawn on any incorporated bank or banking company, or on the treasurer of this state; or who, with such intent, utters and publishes as true any falsely altered, forged, or counterfeited bill, note, draft, check, certificate, or other evidence of debt, so issued or drawn, knowing the same to be altered, forged, or counterfeited, is guilty of forgery in the first degree. (Form 61.)

Once punishable by death.-Toulmin's Digest, pp. 210, 211, § 27; p. 225, § 6. (Aikin's Digest, p. 108, § 45; Clay's Digest, p. 422, § § 37-40.) To constitute guilt it is not necessary that the defendant should have written the instrument, procuring another to do it for him may be sufficient.-Gooden v. State, 55 Ala. 178; Koch v. State, 115 Ala. 99 (22 So. 471). Need not allege whether a bank was a partnership or a corporation; it is not necessary that any person should have been defrauded by a forgery.-Denson v. State, 122 Ala. 100 (26 So. 119); Benson v. State, 124 Ala. 92 (27 So. 1). Effect of failure of indictment to charge that the bank was incorporated.-Benson v. State, 124 Ala. 92 (27 So. 1). Evidence as to forgery.-Koch v. State, 115 Ala. 99 (22 So. 471). Evidence that forged order was written on leaf of blank book found in pocket of defendant.-Koch v. State, 115 Ala. 99 (22 So. 471). Bank checks included in the words "bills" and "bills of exchange."-Bank v. Nelson, 105 Ala. 180 (16 So. 707). An order may be the subject of forgery.-Agee v. State, 113 Ala. 52 (21 So. 207). Intent to defraud is always an element of the offense.-Agee v. State, 113 Ala. 52 (21 So. 207); Gooden v. State, 55 Ala. 178. While an instrument void on its face is not the subject of forgery, yet if by extrinsic facts it might defraud, it is the subject of forgery.-Glenn v. State, 116 Ala. 483 (23 So.