The Code of Alabama: Criminal

STATE (Political Code)....

When Penal Laws Take Effect.

STATE (Escheats to) (Civil Code).
STATE; ACTION BY (Civil Code)..

83-85, 2413-2428

.3918-3926

.2440-2450

STATE; SOVEREIGNTY AND JURISDICTION OF (Political Code).2056-2059

STATE AUDITOR (Political Code)....

STATE TREASURER (Political Code).
STATE TROOPS (Political Code)..
STATIONERY (Political Code).

597- 615 616-633, 1780 .929-998

.2359, 153, 213

.3318, 5879, 3079, 3080

802

.4287-4299

4830-4841

7344-7351
3408

CHAPTER 292.

STATUTES. 7805, 7806.

ARTICLE 1. WHEN PENAL LAWS TAKE EFFECT. 7805.
ARTICLE 2. EFFECT OF REPEAL OR CHANGE OF LAW. 7806.

ARTICLE 1.

WHEN PENAL LAWS TAKE EFFECT. 7805.

7805. (5540) (3705) (4448) (3544, 3955) When penal acts (r.c.c.) take effect. No penal act shall take effect until sixty days after the approval thereof, unless otherwise specially provided in the act.

(Nov. 30, 1866, p. 40.) Statute as to keeping gaming table; indictment must show that it was after law became operative. Bibb v. State, 83 Ala. 84 (3 So. 711). Statute requiring inspection of fertilizers before they are offered for sale.-Armstrong v. Bufford, 51 Ala. 410. See Henback's case, 53 Ala. 523; Taylor's case, 31 Ala. 383. Common-law rule.-Click's case, 2 Ala. 26. Statute fixing time of its effect repeals above section as to such statute.Henback's case, supra; Olmstead v. Crook, 89 Ala. 228 (7 So. 776). What is a penal statute.-Ex parte Diggs, 52 Ala. 381. Penal statutes strictly construed, but not to defeat intention of legislature.-Reese's case, 73 Ala. 18; Walton's case, 62 Ala. 197. Legislature presumed to use words in their proper signification.-Thurman's case, 18 Ala. 276. Courts look less at words than at substance. Thompson's case, 20 Ala. 54. Literal interpretation defeating purpose of statute, not adopted.-Ib. In construing repugnant statutes in Code, original statute consulted to ascertain legislative intent.-Steele's case, 61 Ala. 213. Enrolled bills control errors.-Marshall's case, 14 Ala. 411; Washington's case, 68 Ala. 85. Language, and not punctuation or technical grammatical construction, must control.-Danzey's case, 68 Ala. 296. Where words and terms have changed in meaning since the enactment.-Sike's case, 67 Ala. 80. When part only of statute unconstitutional; and when all fails because of defective part.-Vine's case, 67 Ala. 76; Powell's case, 69 Ala.

Effect of Repeal or Change of Law.

10; Walker's case, 49 Ala. 329; Ex parte Pollard, 40 Ala. 77. Rules for interpreting statutes.-See Huffman's case, 29 Ala. 40; O'Byrnes's case, 51 Ala. 25; Wetmore's case, 55 Ala. 198; Reese's case, 73 Ala. 18. Act to regulate the doing of business by foreign corporations in this state, and prescribing penalties for failure to comply with its provisions, is a penal act.-Ross v. N. E. Mortg. Security Co., 101 Ala. 362 (13 So. 564).

(r.c.c.)

ARTICLE 2.

EFFECT OF REPEAL OR CHANGE OF LAW. 7806.

7806. (5541) (3706) (4449) (4151) Repeal or change of law; what does not affect election of new penalty.-No repeal, revision, amendment, or alteration of any law shall in any manner affect any prosecution for an offense committed under the law so repealed, revised, amended, or altered, unless the repealing, revising, amending, or altering law shall otherwise expressly provide; but every such prosecution, whether begun before or after the enactment of such repealing, revising, amending, or altering law, is governed by the law under which the offense was committed; but in cases where the penalty for the offense may have been altered, the defendant may elect to take the new penalty, but such election must be made before the case is submitted to the jury; nor shall the prosecution for the recovery of any penalty, or the enforcement of any forfeiture, be in any manner affected by the repeal or amendment of a statute, but such prosecution shall be carried on to final judgment in all respects as if such statute had not been repealed or amended.

Amendatory statutes, their and with reference to the Repeal and amendment by

(Mar. 17, 1875, p. 235; Dec. 7, 1866, p. 137.) construction and effect under the constitution, original statute.-Bradley's case, 69 Ala. 318. implication. Washington's case, 72 Ala. 272; Jackson's case, 76 Ala. 26; Lyman's case, 45 Ala. 78. When statute merely changing mode of punishment will not repeal, by implication, the former statute in its operation on offenses committed prior to the new statute.-Miles's case, 40 Ala. 39; Moore's case. Ib. 49; Miller's case, Ib. 54; Stephen's case. Ib. 67; Wade's case. Ib. 74; Magruder's case, Ib. 347. Statute is repealed by a subsequent repugnant statute; also by a subsequent statute clearly intended to create the only rule that should govern.-George's case, 39 Ala. 675. Without the above enactment. the repeal of a statute exonerated from subsequent prosecution.-Freeman's case, 6 Port. 372; Allaire's case, 14 Ala. 435; Jordan's case, 15 Ala. 746; Griffin's case, 39 Ala. 541; George's case, Ib. 677; Burt's case, Ib. 618. Does not apply to changes which only affect procedure.-South's case, 86 Ala. 617 (6 So. 52). Prosecution under repealed statute.-Bibb's case, 83 Ala. 84 (3 So. 711). Does not apply to ordinances of municipal corporations.-Barton v. Gadsden, 79 Ala. 495. Effect of statute making sale of stock of less value than $25 petit larceny. Defendant no right to elect to take new penalty when offense was committed under former statute when it was grand larceny.— Huckabee v. State, 123 Ala. 20 (26 So. 523). It is only when the penalty has been changed that the defendant can elect to take new penalty.-Huckabee v. State, 123 Ala. 20 (26 So. 523).

7807. (5379) (4113) (4231) (3674) (132) Endangering life by bursting boiler of steamboat.-If the captain of any steamboat used for the conveyance of passengers or freight, or any other officer or person having charge thereof, or the engineer having charge of the machinery, or any part of the apparatus for the generation of steam, from gross negligence, or from ignorance, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, or other apparatus in which such steam is generated, or any apparatus or machinery therewith connected, and human life is thereby endangered, such captain, engineer, or other officer or person must, on conviction, be imprisoned in the penitentiary for not less than two years. (Form 52 [42].)

Toulmin's Digest, pp. 72-75. (Clay's Digest, p. 415, § 23.)

7808. (5380) (4114) (4232) (3675) (133) Endangering life by steamboat racing.-Whenever any steamboat, while racing. with another boat, or attempting to excel her in speed, bursts its boiler, or any apparatus or machinery therewith connected, and the life of any person is thereby endangered, the captain and engineer of such boat must each, on conviction, be imprisoned in the penitentiary for not less than two years. 7809. (5381) (4115) (4233) (3676) (134) Endangering life by overloading vessel.-Any person navigating any boat or vessel for gain, who willfully receives on board thereof so

Mar. 4,

1901, p. 174, § 6.

many passengers, or such a quantity of freight, that by means thereof such boat or vessel sinks, or overturns, and the life of any human being is thereby endangered, 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 53 [43].)

(Clay's Digest, p. 415, § 21.)

7810. (5382) (4116) (4316) (3673) (131) Loss of life or injury on steamboat from negligence, etc.-Whenever any loss of human life, or any injury to any human being occurs on board of any steamboat navigating any of the waters of this state, from negligence or want of skill on the part of the captain, engineer, or other officer or person engaged in the management of such boat, or any part of the machinery thereof, the officer or person from whose negligence or want of skill such loss of life or injury occurred, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than ten years.

(Clay's Digest, p. 415, § 22.)

7811. (5383) (4117) (4260) (1158) (928) Piloting without license. Any person who acts as pilot in the bay or harbor of Mobile without a license from the commissioners of pilotage, or after he knows that they have revoked his license, must, on conviction, be fined not less than one hundred dollars. (Toulmin's Digest, pp. 72-75; Dec. 12, 1882, p. 16, § 4.)

7812. Person other than deputy harbor master performing such duties; penalty for.-Any person who shall perform the duties of a deputy harbor master without being qualified as provided by law to perform such duties, shall be guilty of a misdemeanor; and the captains of vessels may shift or moor 'any vessel of which they are in actual command.

CHAPTER 294.

STOCK LAW DISTRICTS. 7813.

1903, p.

431, § 14.

7813. Penalty for allowing stock to run at large.-The Sept. 29, owner or any person having the control of any live stock prohibited from running at large, who shall knowingly permit such stock to go upon the lands of another within a stock law district, without the consent of the owner of such lands, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than fifty dollars, and the fine must be paid in the lawful money of the United States.