(r.c.c.) 7538. (5179) (4698) (4044) (3974) (425) Courts may require peace bonds of persons convicted.-Any court of record may, on the conviction of any person for an offense against the person or property of another, when necessary for the public good, require the defendant to enter into an undertaking, with sureties, to keep the peace for not exceeding twelve months, and, on his failure, may commit him. 7539. (5180) (4699) (4045) (3979) (426) Forfeiture of peace bond; how ascertained.-An undertaking to keep the peace is forfeited by the commission by the defendant of any offense upon the person or property of another; which may be ascertained by a jury, without the conviction of the defendant therefor, in the circuit or city court, on ten days' notice to the parties against whom the forfeiture is sought. 7540. (5181) (4700) (4046) (3976) (427) Court may remit penalty. The court, on a forfeiture of an undertaking to keep the peace, may remit any portion of the amount specified therein, according to the circumstances of the case. (Clay's Digest, p. 447, § 15.) CROSS REFERENCES. PEACE PROCEEDINGS (Criminal Code).. PEACHES; DRIED (Political Code). PEAS (Political Code).. PEDDLERS (Political Code).. PENAL LAWS (Criminal Code). PENITENTIARY (Criminal Code). PENSIONS FOR SOLDIERS AND SAILORS (Political Code). .7518-7540 2439 2439 2361 .7805. 7806 .6479-6572 1995-2055 7541. (5198) (3906) (4112, 4114) (3557, 3559) (17, 19) Perjury and subornation of perjury on trial for felony.-Any person, who willfully and corruptly swears or affirms falsely, or corruptly procures another to so swear or affirm, in regard to any material matter or thing on the trial of any person under an indictment for felony, must, on conviction, be imprisoned in the penitentiary for not less than three, nor more than twenty years. (Form 81 [67].) Once punishable by thirty-nine lashes on bare back or standing in the pillory two hours is incompetent as witness.-Toulmin's Digest, p. 211, § 30. (Aikin's Digest, p. 105, § 28; Clay's Digest, p. 427, § § 1, 2.) 7542. (5199) (3908) (4813) (4139) (589) Indictment for perjury or subornation.-In an indictment for perjury, or subornation of perjury, it is not necessary to set forth the pleadings, record, or proceedings, with which the false oath is connected, or the commission or authority of the court or person before whom the perjury was committed; it is sufficient to state the substance of the proceedings, the name of the court or officer before whom the oath was taken, and that such court or officer had authority to administer it, with the necessary allegations of the falsity of the matter on which the perjury is assigned. (Forms 81, 82 [67, 68].) 7543. (5200) (3907) (4113, 4114) (3558, 3559) (18, 19) Perjury and subornation in other cases.-Any person, who willfully and corruptly swears or affirms falsely, or corruptly procures another to so swear or affirm, in regard to any material matter or thing, upon any oath or affirmation authorized by law, except on the trial of any person under an indictment for a felony, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years. 82 [68].) (Form (Clay's Digest, p. 427, § 3.) A definition of perjury given in Hood's case, 44 Ala. 81. Oath must be willfully and corruptly false.-Ib.; Green's case, 41 Ala. 419. Effect of taking oath pursuant to advice of counsel.-Hood's case, 44 Ala. 81; Barnett's case, 89 Ala. 165 (7 So. 414). False oath or affidavit to surperfluous or immaterial matter not perjury.—Gibson's case, 44 Ala. 17; Hood's case, Ib. 81; McMurry's case, 6 Ala. 324; Bank's case, 78 Ala. 14. Need not be immediately material; sufficient if it adds weight to, and has direct connection with facts that are material.-Williams's case, 68 Ala. 551; Jacobs's case, 61 Ala. 448. False oath to affidavit in detinue is perjury.— Jacobs's case, 61 Ala. 448. In affidavit for attachment.-Hood's case, 44 Ala. 81. On application for habeas corpus.-Gibson's case, 44 Ala. 17. Evidence of officer's authority to administer oath.-Moore's case, 52 Ala. 424. Proceedings wherein the perjury was committed; what material variance.— Brown's case, 47 Ala. 47; Jacobs's case, 61 Ala. 448. Proof of substance of matter falsely sworn to, sufficient.-Taylor's case, 48 Ala. 157. Also of assignment of perjury.-Williams's case, 68 Ala. 551. Materiality of matter sworn to must appear.-Ib.; Floyd's case, 30 Ala. 511. Falsity of statement proved by two witnesses, or one witness and strong corroborating circumstances.— Williams's case, 68 Ala. 551; Peterson's case, 74 Ala. 34. Necessity and admissibility in evidence of original papers, record, indictment, etc.-McMurry's case, 6 Ala. 324; Williams's case, 68 Ala. 551. When there are several assignments of perjury, proof of any one will support conviction.-Smith's case, 103 Ala. 57 (15 So. 866). Perjury may be predicated on oath administered by commissioner to take depositions who was appointed by a de facto (r.c.c.) deputy-register.-Merlette's case, 100 Ala. 42 (14 So. 562). Perjury cannot be State, 97 Ala. 7544. (5201) (3909) (4287, 4288) Perjury of electors.—Any person, who willfully, corruptly, and falsely takes the registration oath required by law of electors, or willfully, corruptly, and falsely takes any oath required by law at any election, general or special, or state, county, or municipal or primary election, is guilty of perjury, and must, on conviction, be imprisoned in the penitentiary not less than one nor more than five years. (Mar. 6, 1875, p. 239.) Moore's case, 52 Ala. 424. 7545. (5202) (3911) False oath by taxpayer.—Any person, who, having taken the oath required by law to be administered to him by the tax assessor or his deputy, before proceeding to list property and other subjects for taxation, willfully and corruptly answers falsely any lawful question which such assessor or his deputy may put to him touching the return of property and other subjects of taxation, or willfully and corruptly makes a false return of the property and other subjects of taxation required by law to be by him returned for taxation, is guilty of perjury, and must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years. (Feb. 17, 1885, p. 23, § 5.) 7546. (5203) (3912) Perjury by officer of state troops in making false oath claiming allowance.-Any commanding officer of any military company forming a part of the Alabama state troops, who willfully and corruptly makes any false oath touching any matter required by law to be contained in any statement made by him for the purpose of obtaining for such company any allowance provided by law, is guilty of perjury. and, on conviction, must be imprisoned in the penitentiary for not less than two nor more than five years. (Mar. 1, 1881, p. 116, § 37; Feb. 23, 1883, p. 148.) 1903, p. 117, § 11. 7547. Elections, perjury as to.-Any person who shall falsely Mar. 3, and corruptly make any sworn statement, oath, or affidavit as to any matters or facts required or authorized to be made under the election laws, general, primary, special, or local, of this state, shall be guilty of perjury, and upon conviction, shall be sentenced to the penitentiary for not less than one nor more than five years. 1907, p. 7548. Perjury before state tax commission.-Any witness Mar. 7, who shall testify falsely as to any material fact about which 372, $9. he is interrogated by the state tax commission, or in any investigation of proceeding held before the state tax commission, shall be guilty of perjury and must, on conviction, be imprisoned in the penitentiary for not less than two years nor more than five years. CROSS REFERENCES. PERJURY (Criminal Code PERPETUATING TESTIMONY (Civil Code). PERPETUITY (Civil Code).... .7541-7548 .4062-4070 .3410 et seq. PERSONAL PROPERTY (Civil Code).. .3778-3792, 3378 et seq. PERSON OF COLOR (Political Code) 2 PERSON OF UNSOUND MIND (Giving or Selling Liquor to) (Crim inal Code) 7355 7549. Practicing pharmacy contrary to law; penalty.-Any person not a registered pharmacist within the meaning of this 1907, p. 553, § 2. Aug. 6, 1907, p. 553, § 3. Ib. § 7. Ib., § 8. chapter, who shall conduct any pharmacy, drug store, apothecary shop, or store, located in any village, town, or city in the State of Alabama, of more than nine hundred inhabitants, for the purpose of retailing, compounding, or dispensing medicines or poisons for medical use, except as hereinafter provided, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than twenty-five nor more than fifty dollars for each and every offense. 7550. Pharmacy, practicing in city or town of more than nine hundred inhabitants, contrary to law; penalty.-The proprietor of any store or pharmacy in any village, town, or city in the State of Alabama, of more than nine hundred inhabitants, or within two miles of any incorporated city or town of more than nine hundred inhabitants, who shall allow any person except a registered pharmacist to compound or dispense the prescriptions of physicians, or to retail or dispense poisons for medical use, except as an aid to and under the supervision of a registered pharmacist, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense. 7551. Fraudulently adulterating drugs; penalty for.—Any pharmacist who shall knowingly intermingle and fraudulently adulterate or cause to be adulterated, any drugs, chemicals, or medicinal preparations, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be liable to a penalty not exceeding two hundred dollars, and, in addition thereto, his name shall be stricken from the register. 7552. Poisons, sale or disposition regulated; penalty for violating. It shall be unlawful for any person to retail any poisons enumerated below: Arsenic and any of its preparations, corrosive sublimate, white and red precipitate, biniodide of mercury, cyanide potassum, hydrocyanic acid, strychnine and all other poisonous vegetable drugs, alkaloids and their salts and the essential oil almonds, opium and its preparations, except paragoric and other preparations of opium containing less than two grains to the ounce; aconite, belladonna, colchicum, conium, nux vomica, henbane, savine, ergot, cotton root, cantharides, creosote, veratrum, digitalis and other pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic and oxalic acids, without labeling the box, vessel, or paper in which said poison is contained with the name of the article, the word "poison," and the name and place of business of the seller; nor shall it be lawful for any person to deliver or sell any poison enumerated above unless upon inquiry it is found that |