Mar. 7, 1907, p. 395, $5.

Ib.. § 6.

Ib., § 7.

than the price stipulated to be paid and received for the articles so to be sold and delivered, or for making contracts commonly called "futures," as to the several articles and things herein before specified, or any of them, by whatever name called, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars, and may be sentenced to hard labor for not less than one month, and upon a second conviction, shall be fined not less than five hundred dollars and sentenced to hard labor for not less than six months.

6476. Witnesses, evidence, prima facie of guilt.-No person shall be excused on any prosecution under the three preceding sections from testifying touching anything done by himself or others contrary to the provisions of such sections, but no discovery made by the witness upon such examination shall be used against him in any penal or criminal prosecution, and he shall be altogether pardoned of the offense so done or participated in by him. In all such prosecutions, proof that the defendant was a party to a contract as agent or principal to sell and deliver any article, thing, or property specified or named in such sections, or that he was agent, directly or indirectly, of any party in making, furthering, or effectuating the same, or that he was the agent or officer of any corporation or association or person in making, furthering, or effectuating the same, and that the article, thing, or property agreed to be sold and delivered was not actually delivered, and that settlement was made or agreed to be made upon the difference in value of said article, thing, or property, shall constitute against such defendant prima facie evidence of guilt.

6477. Office or place of business where information of fluctuating prices is posted or published, prima facie evidence of guilt.--Proof that any person, corporation, or other association of persons, either as principals or agents, has established an office or place where are posted or published from information received the fluctuating prices of grain, cotton, provisions, stocks, bonds, and other commodities, or of any one or more of the same shall constitute prima facie evidence of being guilty of violating the three preceding sections.

6478. When effective. The provisions of the five preceding sections shall be effective on and after the first day of January, 1908.

Organization; Officers and Their General Duties and Powers.

CROSS REFERENCES.

CONTRIBUTION (between creditors of insolvent estate) (Civil Code)..

CONVEYANCES AND LOANS (Civil Code)

CHAPTER 191.

CONVICT SYSTEM. 6479-6607.

ORGANIZATION; OFFICERS AND THEIR GENERAL DUTIES AND
POWERS. 6479-6511.

THE PENITENTIARY; HIRING AND HARD LABOR OF STATE CON-
VICTS. 6512-6571.

PROCEEDS OF HIRE OF CONVICTS IN COUNTIES OF ONE HUNDRED THOUSAND INHABITANTS; DISBURSEMENT OF. 6579. ARTICLE 5. COUNTY CONVICTS; HIRING AND HARD LABOR. ARTICLE 6.

DISCHARGING CONVICTS. 6607.

ARTICLE 1.

ORGANIZATION; OFFICERS AND THEIR GENERAL DUTIES AND POWERS. 6479-6511.

Oct. 6,

1903, p.

393, § 1.

Organization; Officers and Their General Duties and Powers.

6479. (4431) (4556) Board of inspectors of convicts; term of office.—There shall be appointed by the governor, a president of the board of inspectors, and two other inspectors of convicts, one of whom shall be a physician, who together shall constitute the board of inspectors of convicts, and shall have general supervision and control of the state and county convicts; the term of office of the inspectors shall be for two years, and until their successors are qualified.

(Clay's Digest, pp. 396-411; Feb. 17, 1885, p. 187, § 1; Feb. 18, 1895, p. 849, 1.) As a condition precedent for the auditor's warrant, the clerk must make oath to the bill of costs, forward it to the president of the board of inspectors, who shall request auditor to draw warrant.-Trapp v. Roney, 120 Ala. 397 (24 So. 1001). The solicitor pro tem is entitled to the same fee as the regular solicitor, and they are taxable as other fees.-Trapp v. Roney, 120 Ala. 397 (24 So. 1001).

6480. (4432) (4557) Powers and duties of president of board. The president of the board of inspectors shall superintend the management of the convicts, and all subordinate officers, persons, or guards. It shall be his duty to see that the laws in relation to convicts and the rules of the board of inspectors are enforced; and his orders shall be obeyed by all contractors, officers, guards, and convicts. He has the general oversight of all the officers and convicts and of the land and other property belonging to the several prisons; he may sell by order of the board any personal property not needed at any prison and cover the proceeds into the state treasury to the credit of the convict fund, and may order any convict transferred from one prison to another as he may think expedient.

(Feb. 18, 1895, p. '849, § § 2, 28; Feb. 22, 1883, p. 137, § 11.)

6481. Powers of board of convict inspectors to sell and purchase agricultural lands.-The board of convict inspectors with the approval of the governor may sell any or all of the agricultural lands now used by the state in working convicts,

Organization; Officers and Their General Duties and Powers.

for cash or on credit, as may seem best, and purchase lands superior in quality, to be used by the department in working convicts.

393, § 2.

6482. Appropriation for the purchase of land. So much of Oct. 6, the funds earned by the convict department of the state as 1903, p may be necessary is appropriated and authorized to be paid. for such lands as may be purchased under the preceding section and the state auditor, upon the application of the board of convict inspectors with the approval of the governor, shall draw his warrant for such sum or sums as may be necessary for such purchase of such lands and the payment thereof. 6483. Board may sell cotton mill at Speigner.-The board Oct. 6. of convict inspectors may, with the approval of the governor, 304. sell the cotton mill belonging to the state, located at Speigner, Alabama, upon such terms as they may deem best, after giving thirty days' notice of the purpose to sell, in at least three daily newspapers published in this state, and the purchaser shall pay the purchase money therefor into the state treasury.

1903. p.

1903, p.

86, § 1.

6484. State may use convicts in mining coal.-The board of Feb. 26. convict inspectors, with the approval of the governor, may employ any male convicts, suited physically to such work, in the mining of coal, upon lands acquired by the state by lease or otherwise, for and on account of the state, and may hire like convicts to coal operators, upon such terms as may be agreed upon.

6485. (4433) (4558) Appointment and duties of clerks.There shall be appointed, with the approval of the governor, by the president of the board of inspectors, three clerks who, under his direction, shall keep the books and records pertaining to state and county convicts, and shall perform such other duties as may be required by the board.

(Feb. 18, 1895, p. 849, § 3; Feb. 17, 1885, p. 187, § 7.)

6486. (4434) (4559) President and clerks must reside at capital. The president of the board of inspectors and the clerks shall reside at the capital of the state, and the president of the board must be provided with an office at the capitol. (Feb. 18, 1895, p. 849, § 4; Feb. 17, 1885, p. 187, § 30.)

6487. (4435) (4560) (4542) (3841) (293) Meetings of the board. The board of inspectors shall hold regular meetings at the office of the president of the board on the third Tuesday of every month of every year, and the president may call special meetings of the board at such time and place as he may think proper; he shall preside at all such meetings. (Feb. 18, 1895, p. 849, § 5.)

Organization; Officers and Their General Duties and Powers.

6488. (4436) (4561) (4543) (3842) (294) Minutes of proceedings to be kept.-The board of inspectors shall keep or cause to be kept regular minutes of all their meetings and proceedings, which must be signed by them, and kept in the office of the president, subject to the inspection of any person. (Clay's Digest, p. 398, § 11; Feb. 18, 1895, p. 849, § 6.)

6489. (4437) Physician inspector; his duties; residence; reports. The inspector who is a physician shall reside at such place as the governor may designate. He shall report monthly, and oftener if required, to the president of the board of inspectors, the condition, health, and sanitary arrangement of the convicts, together with any recommendations as to any change necessary for the more humane treatment of the state and county convicts; and it shall be the duty of such inspector to devote his whole time and services exclusively to the supervision and care of and practice upon the convicts.

(Clay's Digest, p. 400, § § 28 and 29; Feb. 18, 1895, p. 849, § 20.)

6490. (4438) (4572) Seal of office.-The governor shall prescribe the form and specifications of, and furnish the president of the board of inspectors with a seal of office, and pay for the same out of any moneys not otherwise appropriated. (Feb. 18, 1895, p. 849, § 17; Feb. 7, 1879, p. 170, § 4.)

6491. (4439) (4573) Governor has general superintendence. -The governor shall have general superintendence and control of the inspectors, and of all matters relating to convicts, and see that the inspectors perform their duties; and there shall be made quarterly to him by the president, and as often as he may require, a report of the condition of the convicts, and of the work done by each officer; and the governor shall, from time to time, require the office of the president of the board to be examined, and its condition reported to him by the examiner of public accounts.

(Feb. 18, 1895, p. 849, § 18; Feb. 17, 1885, p. 187, § 26.)

6492. (4440) (4562) (4544) (3843) (292) Inspectors must adopt rules for direction of penitentiary officers.-The board of inspectors must, from time to time, establish rules and regulations for the direction of the officers having control of state or county convicts in the discharge of their duties, for the government and discipline of the convicts, and the custody and preservation of the public property; which rules and regulations must be submitted to the governor for approval, and may be modified or annulled by him.

(Clay's Digest, p. 398, § 12; Feb. 18, 1895, p. 849, § 7.)