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sale or conveyance, must, on conviction, be fined not 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, one or both, at the discretion of the jury. (Form 99 [782].)

(Feb. 1, 1872, p. 83.) Indictment examined and held sufficient.-Tallent v. State, 142 Ala. 47 (38 So. 841). Subsequent satisfaction of mortgage does not purge the illegal act of criminality.-Steed v. Knowles, 79 Ala. 446. The words "lien" and "claim" mean some charges or incumbrance upon the ownership and not the ownership itself.-Ellerson v. State, 69 Ala. 1. Elements and constituents of offense enumerated and defined.-Ellerson v. State, 69 Ala. 1. A consignment of mortgaged property by mortgagor to consignee ""to do what he pleases with it" is a sale thereof.-Lippman's case, 104 Ala. 61 (16 So. 130). Intent no ingredient.-Cobb's case, 100 Ala. 19 (14 So. 362). A mortgagee who, after having transferred the mortgage, sells the mortgaged property is guilty, though not so if a partnership transfer the mortgage and one partner, without knowledge of such transfer, sell the property.-Foster's case, 88 Ala. 182 (7 So. 185). Under indictment for selling several articles of mortgaged property, a verdict of guilty as to a part is an acquittal as to the others, for which he cannot be convicted on a new trial.-Ib. A sale of calves, the offspring of mortgaged cows, is a sale of mortgaged property.— Dyer's case, 88 Ala. 225 (7 So. 267). Statute applies to equitable mortgages.— Jernigan's case, 81 Ala. 58 (1 So. 72); Varnum's case, 78 Ala. 28. A mortgage which conveys "entire crop" annually, till debt is paid, is valid as an equitable mortgage, and may be made certain by parol proof. Varnum's case, supra. Includes written or printed mortgages.-Johnson's case, 69 Ala. 593. The word "convey" includes "transfer" or "exchange."-Ib.

CROSS REFERENCES.

MORTGAGES (Selling or Disposing of Mortgaged Property Fraudulently)

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CHAPTER 258.

MUTUAL AID ASSOCIATIONS. 7424, 7425.

(r.c.c.)

(r.c.c.)

SECTION.

SECTION.
7424. Reports of mutual aid associa- 7425. Agent of a mutual aid asso-
tions.
ciation.

7424. (5596) (4159) Reports of mutual aid associations.Any officer or agent of a mutual aid association, as defined by law, whose duty it is to make the annual report to the state auditor, or designate the principal place of business, or agent for service of process of such association, as required by law, and who fails so to do, or who makes a false report, must, on conviction, be fined not less than one hundred nor more than five hundred dollars, and may be imprisoned in the county jail for not less than ten days nor more than one year.

(Feb. 23, 1883, p. 171, § 7.)

7425. (5597) (4160) Agent of a mutual aid association.Any person who acts as solicitor, collector, or otherwise as agent of a mutual aid association, as defined by law, knowing the same not to have complied with the provisions of this Code relating specially to such associations, must, on conviction, be fined not less than one hundred nor more than five hundred dollars, and may be imprisoned in the county jail for not less than ten days nor more than one year.

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.6143-6150

3481

.3179, 3180, 3188

NAVIGATION AS TO WATERCOURSES (Civil Code)..

NAVIGATION COMPANIES (Civil Code)..

NE EXEAT (Civil Code)...

NEGLIGENCE (Civil Code).

.2485, 2486, 3910-3912, 5473-5476 NEGLIGENCE AS TO MUNICIPALITIES (Political Code)......1273, 1274 NEGOTIABLE INSTRUMENTS AND COMMERCIAL LAW (Civil

Code)

.4958-5149

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7426. What nuisances are indictable.-Any person who shall (r.c.c.) erect, or continue, after notice to abate, a nuisance which tends or threatens to injure the health of the citizens in general, or to corrupt the public morals, shall be guilty of a misdemeanor.

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SECTION.

CHAPTER 260.

OBSCENE PRINTS AND LITERATURE. 7427-7429.

SECTION.

(r.c.c.)

Aug. 9, 1907, p. 632, §§ 1

and 2.

7427. Posting or leaving obscene

picture, writing, or printing.

7428. Introducing, advertising, or
selling obscene literature.

7429. Nude picture, display of prohibited.

7427. (5599) (4029) (4201) Posting or leaving obscene picture, writing, or printing.—Any person who willfully posts up or leaves any obscene or vulgar picture, placard, writing, or printed matter about or near to any church, dwelling, school, academy, or a public highway, or in any storehouse, barroom, or public place, must, on conviction, be fined not less than ten nor more than fifty dollars.

(Feb. 1, 1876, p. 287.) Indictment for leaving obscene or vulgar picture, placard, or poster, or writing on dwelling house.-Gober v. State, 140 Ala. 153 (37 So. 78).

7428. (5600) (4030) Introducing, advertising, or selling obscene literature.-Any person who brings, or causes to be brought into this state for sale, or advertises, or prints, or sells, or offers to sell, or receives subscription for any indecent or obscene book, pamphlet, print, picture, or paper, must, on conviction, be fined not less than fifty nor more than one thousand dollars.

(Dec. 3, 1884, p. 74.)

7429. Nude pictures, display of prohibited.—Any person, firm, or corporation who shall display nude pictures of a man, woman, or girl in any public place, except art galleries, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than fifty dollars nor more than five hundred dollars.

CROSS REFERENCES.

OBSCENE PRINTS AND LITERATURE (Criminal Code).
OBSTRUCTING PROCESS (Criminal Code).....
OBSTRUCTING WATERCOURSES (Criminal Code)..
OBTAINING GOODS UNDER FALSE PRETENSE (Criminal

ODD FELLOWS (Civil Code).

OFFICE, REMOVAL FROM (Political Code)..

.7427-7429

.7708-7711 ..7863-7873

Code)..

6920 et seq.

.4562, 3571

1556-1568

Officers; General and Miscellaneous Offenses Concerning.

CHAPTER 261. ·

OFFICERS AND OFFICES, CRIMINAL OFFENSES CONCERNING.

7430-7490.

OFFICERS, GENERAL AND MISCELLANEOUS OFFENSES CONCERN-
ING. 7430-7454.

PROBATE JUDGES, CLERKS AND REGISTERS. 7455-7467.
SHERIFFS, JAILERS AND CONSTABLES.

ARTICLE 1.

ARTICLE 2.

ARTICLE 3.

ARTICLE 4.

JURY COMMISSIONERS. 7478-7480.

ARTICLE 5.

ARTICLE 6.

ARTICLE 7.

ARTICLE 8.

ARTICLE 9.

COUNTY COMMISSIONERS. 7481-7483.

7468-7477.

COUNTY SUPERINTENDENT OF EDUCATION. 7484.
COUNTY TREASURER. 7485.

TAX ASSESSORS AND DEPUTIES. 7486.

JUSTICE OF THE PEACE-NOTARY PUBLIC. 7487-7489.

ARTICLE 10. POLICE COMMISSIONER. 7490.

ARTICLE 1.

OFFICERS; GENERAL AND MISCELLANEOUS OFFENSES CONCERNING. 7430-7454.

SECTION.

7430. Dealing in county claims by county officers.

7431. False certificate by officer. 7432. Refusal of officer to take or

certify proof or acknowledgment of deed, etc. 7433. Officer contracting for, etc., profit or advantage for publication of notice. 7434. County officer interested in

county contracts, or hire of county convicts. 7435. Failure to discharge duty as

to defendant's performing hard labor before conviction.

7436. Failure of certain officers to perform duty in reference to jail.

7437. Failure of sheriff, clerk, or register to pay over money to successor.

7438. Judicial or ministerial officer becoming bail in certain

cases.

7439. Refusal of public officer to permit examination of records.

7440. Failure to give notice of omission to file official bonds.

7441. Failure to indorse date of

filing official bond.

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7430. (5105) (3931) (4170) Dealing in county claims by (r.c.c.) county officers.-Any public officer or deputy, assistant, or

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