Fraudulent Conveyances, and Illegal Disposition of Property, Etc. 6933. (4754) Surgeon of state troops filing false claim for supplies. Any surgeon of the state troops who files with the state auditor any false or fictitious claim for medicines, bandages, or surgical instruments purporting to have been purchased for such troops, must, on conviction, be punished as if he had stolen the amount of such claim. (Feb. 18, 1895, p. 685, § 3.) 6934. (4755) Obtaining board by fraud or misrepresentation. Any person who, by fraud or misrepresentation, obtains board or lodging from the landlord, proprietor, or keeper of any hotel or boarding house, and fails or refuses to pay for the same, must, on conviction, be fined not more than five hundred dollars, and may also be sentenced to hard labor for the county for not longer than six months. (Feb. 21, 1893.) Misrepresentations must have been made before board and lodging were furnished, and the proprietor must have relied upon such representations and have been induced thereby to furnish it and must have been deceived thereby to his injury.-Chauncey v. State, 130 Ala. 71 (30 So. 403). Not unconstitutional.-Ex parte King, 102 Ala. 182 (15 So. 524). ARTICLE 2. FRAUDULENT CONVEYANCES, AND ILLEGAL DISPOSITION OF PROPERTY ON WHICH ANOTHER HAS A CLAIM. 6935. 6935. (4756) (3834) (4352) (3704) (158) Fraudulent conveyances. Any person who, with intent to hinder, delay, or defraud creditors, makes or receives any conveyance of property, 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 six months. (Form 63 [51].) (Clay's Digest, p. 419, § 19.) Crime denounced is analogous to receiving stolen goods.-Grattan v. State, 71 Ala. 344. ARTICLE 3. FALSELY PERSONATING ANOTHER IN LEGAL PROCEEDINGS. 6936, 6937. SECTION. 6936. Falsely personating another in any suit, etc. SECTION. 6937. Changing name or concealing identity. 6936. (4774) (4009) (4147) (3586) (45) Falsely personating another in any suit, etc.—Any person who falsely personates another, and, in such assumed character, becomes bail or surety for any party in any proceeding, civil or criminal, Prosecuting Suit Without Authority. before any court, magistrate, or officer authorized to take such bail, or confesses any judgment, acknowledges the execution of any conveyance, or does any act in the course of any suit, prosecution, or proceeding, whereby the person so personated may be made liable for the payment of any debt, damages, costs, or sum of money, or his rights or interest be in any way affected, must, on conviction, be punished by imprisonment in the penitentiary for not less than two nor more than five years. (Clay's Digest, p. 428, § 11.) 6937. Changing name or concealing identity.—Any person who changes or alters his or her name with the intent to defraud or with the intent to avoid payment of any debt, or to conceal his or her identity, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not more than five hundred dollars. Purpose of the statute is to prevent fraud; does not imprison for debt and is constitutional.-Morris v. State, 144 Ala. 81 (39 So. 973). Oct. 10, 1903, p. 438, §§ 1 and 2. ARTICLE 4. PROSECUTING SUIT WITHOUT AUTHORITY. 6938. 6938. (4775) (4010) (4142) (3585) (44) Prosecuting suit in name of another without authority.-Any person who, without lawful authority, prosecutes a suit in the name of another person, in any court of this state, must, on conviction, be fined not less than one hundred dollars. CROSS REFERENCES. FRAUDS (Criminal Code)..6845, 6920-6936, 6938, 6675-6685, 6239, 6240, FREIGHTS (Civil Code) 44 (Criminal Code) FRUIT-TREES (Civil Code) 7687-7690 .5494 et seq. 7687-7690 6037 6939. (4777) (4746) (3976) (4348) (797) Governor authorized to offer reward for absconding felons.-Whenever a felony has been committed, and the perpetrator thereof is unknown, or when, being known, he absconds before being arrested, or escapes from custody, either before or after conviction, the governor is authorized, in his discretion, to offer by proclamation a reward, not exceeding four hundred dollars, for the apprehension or rearrest of such person, within five years from the date of such proclamation; and to draw his warrant on the state treasurer for the amount of such reward, when necessary to be paid. Origin of statute.-Toulmin's Digest, pp. 226, 227. (Aikin's Digest, p. 107, § 38; p. 117, § § 17, 18; Clay's Digest, pp. 478, 479, § § 13, 14; Jan. 27, 1883, p. 34.) Governor has no power to offer reward for unknown person.-Hungerford v. Moore, 65 Ala. 232. 6940. (4778) (4747) (3977) (4349) (798) Fugitive from other state delivered up on demand of executive. Any person charged in any state or territory of the United States with treason, felony, or other crime, who shall flee from justice, and be found in this state, must, on the demand of the executive authority of the state or territory from which he fled, be delivered up by the governor of this staté, to be removed to the state or territory having jurisdiction of such crime. (Aikin's Digest, p. 117, § 19; Clay's Digest, p. 478, § 15.) Jurisdiction of state courts to inquire into legality of arrest; what criminals may be extradited under the constitution and acts of congress.-Ex parte State, 73 Ala. 503. Mode of arrest provided for by statute must be observed; when officer can arrest for crime committed in another state; what is a reasonable cause to believe a commission of crime justifies the arrest.-Cunningham v. Baker, 104 Ala. 160 (16 So. 68); Morrell v. Quarles, 35 Ala. 544. Petitioner entitled to appeal to supreme court upon application for habeas corpus in extradition proceedings.—Barriere v. State, 142 Ala. 72 (39 So. 55). 6941. (4779) (4748) (3978) (4350) (799) Warrant of arrest issued by magistrate.-A warrant for the apprehension of such person may be issued by any magistrate who is authorized to issue a warrant of arrest. Cunningham v. Baker, 104 Ala. 160 (16 So. 68). 6942. (4780) (4749) (3979) (4351) (800) Arrest and commitment; copy of indictment or other judicial proceedings conclusive evidence. The proceedings for the arrest and commitment of the person charged are in all respects similar to those provided in this Code for the arrest and commitment of a person charged with a public offense, except that an exemplified copy of an indictment found, or other judicial proceedings had against him in the state or territory in which he is charged to have committed the offense, must be received as conclusive evidence before the magistrate. Mode of arrest provided for by statute must be observed; when officer can arrest for crime committed in another state; what is a reasonable cause to believe a commission of crime justifies arrest.-Cunningham v. Baker, 104 Ala. 160 (16 So. 68). 6943. (4781) (4750) (3980) (4352) (801) Commitment to await requisition of governor; bail. If from the examination it appears that the person charged has committed the crime alleged, the magistrate must, by warrant reciting the accusation, commit him to jail for a time specified in the warrant, which the magistrate deems reasonable, to enable the arrest of the fugitive to be made, under the warrant of the executive of this state on the requisition of the executive authority of the state or territory in which he committed the offense, unless he give bail as provided in the next section, or until he is legally discharged. 6944. (4782) (4751) (3981) (4353) (802) Bailed except in capital cases; condition and requisites of bond.-The magistrate must, unless the offense with which the fugitive is charged is shown to be an offense punished capitally by the laws of the state in which it was committed, admit the person arrested to bail, by bond or undertaking, with sufficient sureties, and in such sum as he deems proper, for his appearance before him at a time specified in such bond or undertaking, and for his surrender, to be arrested upon the warrant of the governor of this state. 36-AC-VOL. III 6945. (4783) (4752) (3982) (4354) (803) When discharged on bail. If such person is not arrested on the warrant of the governor before the expiration of the time specified in the warrant, bond, or undertaking, he must be discharged from custody on bail. 6946. (4784) (4753) (3983) (4355) (804) Jail fees paid in advance. No jailer is bound to receive any person committed under a warrant issued under the provisions of this chapter, until his jail fees for the time specified in such warrant are paid in advance. 6947. (4785) (4754) (3984) (4356) (805) Forfeiture of bail; proceedings; indorsement of magistrate as evidence.—If the fugitive is discharged on bail, and fails to appear or surrender himself according to his bond or undertaking, the magistrate must indorse thereon "forfeited," sign his name thereto, and return it to the clerk of the circuit court by the first day of the next term; and a conditional judgment must be rendered thereon, and proceedings had, as in case of bonds or undertakings forfeited in that court, the indorsement of the magistrate being presumptive evidence of the forfeiture. 6948. (4786) (4755) (3985) (4357) (806) At expiration of time, discharged, bailed, or recommitted.—At the expiration of the time specified in the warrant, the magistrate may discharge or recommit him to a further day, or may take bail for his appearance and surrender, as provided in section 6944 (4782); and on his appearance, or if he has been bailed and appear according to the terms of his bond or undertaking, the magistrate may either discharge him therefor, or may require him to enter into a new bond or undertaking, to appear and surrender himself at another day. 6949. (4787) (4756) (3986) (4358) (807) If prosecution pending here, surrender discretionary.-If a criminal prosecution has been instituted against such person under the laws of this state, the governor may or not, at his discretion, surrender such person on the demand of the executive of another state, before he has been tried and punished, if convicted, or discharged. 6950. (4788) (4757) (3987) (4359) (808) Governor's warrant; directed to whom.-A warrant from the executive may be directed to the sheriff, coroner, or any other person whom he may think fit to intrust with the execution of the same. 6951. (4789) (4758) (3988) (4360) (809) Executed where and how.-Such warrant authorizes the officer or person to whom it is directed to arrest the fugitive at any place within the state, and to require the aid of all sheriffs, police officers, and constables, to whom the same is shown, in its execution. |