Conditions Under Which Foreign Corporations May Do Business. corporation doing business in this state, such indictment shall be forthwith docketed, and the clerk of the court shall issue a notice thereof to the defendant corporation, accompanied by a certified copy of the indictment. (Feb. 28, 1887, p. 116, § 1.) 6625. (5317) How notice and copy served; when case stands for trial.-Such notice and copy may be served upon any officer or agent of the defendant corporation authorized by law to receive service of summons or other civil process issuing against such corporation, and upon the return of the sheriff showing proper service, the indictment stands for trial. (Feb. 28, 1887, p. 116, § 1.). 6626. (5318) Defendant failing to plead, plea of not guilty entered. If the defendant corporation fails to appear and plead to the indictment, the court must cause the plea of not guilty to be entered for it; and the trial shall proceed as if the corporation had appeared and pleaded not guilty; but in such case proof must be made to the court that the person upon whom the notice and copy of the indictment were served was an officer or agent of the corporation authorized by law to receive such service. 6627. (5319) Upon conviction judgment rendered for fine and costs and execution issued.—Upon the conviction of such corporation, judgment shall be rendered against it for the fine imposed, together with the costs of the prosecution, and execution thereon shall forthwith issue against the property of the corporation; and other executions may issue thereon until such judgment is satisfied. But in case of appeal from such judgment, the execution thereof may be superseded as in civil cases. (Feb. 28, 1887, p. 116, § 2.) ARTICLE. 3. CONDITIONS UNDER WHICH FOREIGN CORPORATIONS MAY DO BUSINESS. 6628, 6629. SECTION. 6628. Foreign corporations, their in state without licenses, SECTION. 6629. Doing business without li- 1907, P. 6628. Foreign corporations, their agents, officers, etc., con- Mar. 4, tracting or doing business in state without licenses, penalty for. -Any corporation or any person acting as agent, servant, or 28-AC-VOL. III 230, 68. Mar. 4, 1907, p. 230, $8. Contribution to Political Campaigns by Corporation. officer of such foreign corporation or nonresident corporation or corporation organized under or by authority of the laws of any state or government other than the State of Alabama, who shall make or attempt to make any contract, agreement, undertaking, or engagement with, by, or in the name of or for the use or benefit of any such corporation without a license authorizing such corporation to do business in this state, or after such license shall have been canceled, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than one hundred dollars, 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, one or both, at the discretion of the jury trying the case. 6629. Doing business without license, or after cancellation, misdemeanor, penalty for.-Any corporation or any person acting as agent, servant, or officer of such foreign or nonresident corporation, or corporation organized under or by authority of the laws of any other state or government than the State of Alabama, who shall make or attempt to make any contract, agreement, undertaking, or engagement with, by, or in the name of or for the use or benefit of any such corporation, without such license, or after the same shall have been cancelled as provided in article 21 of chapter 69 of this Code, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than one hundred dollars 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, one or both, at the discretion of the jury trying the case. Provided, that it is not intended hereby to interfere with or prohibit the transaction of interstate business authorized under the laws and constitution of the United States. Mar. 7, 1907, p. 351, § § 1 and 2. ARTICLE 4. CONTRIBUTION TO POLITICAL CAMPAIGNS BY CORPORATION. 6630. 6630. Contribution to political campaigns or elections prohibited; penalty for.-Any corporation, incorporated company, or incorporated association by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or any servant, agent, employe, or officer thereof who shall give, donate, appropriate, or furnish, directly or indirectly, any money, securities, funds, or property of said corporation, incorporated company, or incorporated association, for the purpose of aiding any political party or any candidate for any public office, or any candi General Provisions Concerning Costs and Fees. date for any nomination for any public office by any political party, or who shall give, donate, appropriate, or furnish, directly or indirectly, any money, security, funds, or property of said corporation, incorporated company, or association to any committee or person, as a contribution to the expenses of any political party or any candidate, representative, or committee of any political party, or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than one hundred dollars nor more than two thousand dollars, at the discretion of the jury trying the case. CROSS REFERENCES. CORPORATIONS (Civil Code) CORPORATIONS, FOREIGN; RIGHTS AND DUTIES OF (Civil Code) .3445-3661 3638-3661 .1046-1460 .6623-6630 CHAPTER 195. . COSTS AND FEES. 6631-6670. ARTICLE 1. GENERAL PROVISIONS CONCERNING COSTS AND FEES. 6631, 6632. ARTICLE 3. FEES AND COMMISSIONS OF SOLICITORS. 6634. ARTICLE 4. FEES OF CLERKS OF CIRCUIT AND CITY COURTS. 6635-6637. ARTICLE 5. FEES OF SHERIFFS. 6638-6647. ARTICLE 6. FEES OF CORONERS. 6648, 6649. ARTICLE 7. FEES OF JUSTICES OF THE PEACE. 6650, 6651. ARTICLE 8. COSTS AND FEES IN PRELIMINARY PROCEEDINGS. ARTICLE 10. FEES IN COUNTY COURT. 6655, 6656. ARTICLE 11. FEES OF JURORS. 6657, 6658. ARTICLE 12. FEES OF WITNESSES. 6659-6670. 6652. ARTICLE 1. GENERAL PROVISIONS CONCERNING COSTS AND FEES. 6631, 6632. SECTION. SECTION. 6631. No fee charged unless ex- 6632. When prisoner deemed insol pressly authorized. vent; return of execution. 6631. (4558) (4892) (5017) (3534) (3063) No fee charged Constituunless expressly authorized. The law of costs must be deemed (r.c.c.) Fees and Commissions of Solicitors. and held a penal law, and no fee must be taken but in cases expressly provided by law. The fees prescribed in this Code shall be the only fees that can be collected by any officer. Genesis and origin of statute.-Toulmin's Digest, p. 215, § 51. Fees of sheriff on preliminary proceedings where defendant discharged no claim against fine and forfeiture fund; duty of sheriff to act without compensation.— Hawkins v. O'Brien, 124 Ala. 103 (27 So. 215). Fees of public officers must be provided for by statute, or the right thereto does not exist; statute as to fees strictly construed; clerk and register when not entitled to compensation for ex officio services.-Troup v. Morgan Co., 109 Ala. 162 (19 So. 503). Statutes on subjects of fees and costs are penal, and must be strictly construed.-Dent's case, 42 Ala. 514; Lee v. Smyley, 16 Ala. 773. See Caldwell's case, 55 Ala. 133. Motion to retax costs; appeal will lie from.-Dent's case, supra. Neither state nor county liable for costs incurred in prosecutions, except to extent and in manner provided by statute.-Greene County v. Hale County, 61 Ala. 72. State never taxed with costs.--Eslava v. Ames Plow Co., 47 Ala. 384; Pollard v. Brewer, 59 Ala. 130. County liable for costs on failure in action against bail.-Dover's case, 45 Ala. 244. Pay of defendant's witnesses not part of costs.-Hill's case, 78 Ala. 1. Assessed value of property not part of costs, where sentence is to penitentiary.-Skinner v. Dawson, 87 Ala. 348 (6 So. 423). Costs incurred under an indictment which is quashed is no part of costs in subsequent trial for same offense.-Bazell's case, 89 Ala. 14 (8 So. 22). "Costs" which a defendant may be sentenced to hard labor to pay includes officers' fees incurred in behalf of state, but not for the defense.-Bowen's case, 98 Ala. 83 (12 So. 808). "Costs and fees'' defined.Bradley's case, 69 Ala. 318. 6632. (4559) (4893) When prisoner deemed insolvent; return of execution. No prisoner shall be regarded as insolvent without the return of "no property" upon execution issued against him, in the particular case; and no execution shall be so returned within less than thirty days from the time it goes into the hands of the sheriff. 6633. (4560) (4867) (5048) (4344) (793) Attorney-general's fees. In all criminal cases taken to the supreme court, if judgment is there rendered in favor of the state, the attorney-general is entitled to a fee of fifteen dollars, to be taxed and collected as costs. (Clay's Digest, p. 443, § 30.) ARTICLE 3. FEES AND COMMISSIONS OF SOLICITORS. 6634. 6634. (4561) (4868) (5047) (4343) (792) Solicitors' fees.Solicitors are entitled to the following fees, to be taxed against the defendant, on conviction, and if he is insolvent, to be paid Fees and Commissions of Solicitors. out of the fines and forfeitures in the county treasury-that is to say: For each conviction under section 6985 (4795), or 6997 (4808) .$150 00 For each conviction under section 6315 (5128), 7434 (5117), 7080 (5327), or 6682 (4770) . 100 00 For each conviction under section 6989 (4799), 6991 (4801), 6993 (4804), 6426 (5546), 7084 (4854), 7088 (4858), 7090 (4860), 7085 (4855), 7086 (4856), 7093 (4863), 7091 (4861), 7092 (4862), 7696 (5444), 7698 (5446), 7699 (5447), 7701 (5449), 7746 (5479), or 6295 (4336) 75 00 .... For each conviction under section 6987 (4797), or 6988 (4798) 60 00 For each conviction under section 6221 (4310), 6389 (4406), 6768 (4654), 7354 (5078), 7355 (5079), 6683 (4771), or 6684 (4772) 37 50 For each conviction under section 6983 (4792), except when the defendant pleads guilty; and for each conviction under sections 6421 (4420), 6422 (4421), 6423 (4422), 6767 (4653), 7357 (5082), 7358 (5083); and for each conviction of felony not otherwise provided for ... For each conviction under section 6992 (4803), 7443 (5151), or 6613 (4551) 30 00 25 00 For each conviction of a violation of the revenue law, not otherwise provided for 30 00 In proceedings to vacate charter, or for usurpation, or For each conviction under section 6983 (4792), when 100 00 15 00 50 00 For each conviction of a misdemeanor, not otherwiseprovided for 10 00 ... For each conviction of any corporation for violating any law of the state 100 00 For each conviction of any person for obtaining registration of any animal by false representations as to breeding For each conviction of a violation of sections 7352 (5076), 7356 (5081), 7357 (5082), 7358 (5083), or 25.00 |