CHAPTER 295. SUNDAY VIOLATIONS. 7814-7819. SECTION. 7815. Sale of liquor on Sunday pro- 7816. Record certified to probate judge after conviction. SECTION. 7817. Probate judge not to license after notice of conviction. 7818. Baseball and other games not played on Sunday. 7819. Holding public markets and trading therein on Sunday. 7814. (5542) (4045) (4443) (3614) (73) Certain acts prohibited on Sunday; punishment.-Any person who compels his child, apprentice, or servant to perform any labor on Sunday, except the customary, domestic duties of daily necessity or comfort, or works of charity; or who engages in shooting, hunting, gaming, card playing, domino playing, or racing on that day; or who, being a merchant or shopkeeper, druggist excepted, keeps open store on that day, must, for the first offense, be fined not less than ten nor more than twenty dollars, and for the second or any subsequent offense, must be fined not less than twenty nor more than one hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than three months; but the provisions of this section do not apply to the running of railroads, stages, or steamboats, or other vessels navigating the waters of this state, or any manufacturing establishment which requires to be kept in constant operation. (Form 107 [86].) Origin of statute, Mar. 12, 1803.-Toulmin's Digest, pp. 216, 217. (Aikin's Digest, pp. 439–441, § § 1-6; Clay's Digest, pp. 592–594, § 1.) Our statute only forbids certain acts mentioned, to be performed on that day, it cannot be said that those not mentioned are included, hence service of process on Sunday is not illegal, it is simply irregular.-Comer v. Jackson, 50 Ala. 384. Indictment that defendant kept open store on Sunday against the peace and dignity of the state, is sufficient.-Jebeles v. State, 131 Ala. 41 (31 So. 377). Keeping open store implies something more than opening the door or keeping it open, it involves a keeping open of the store as such; the opening of the business, the exposition of wares for sale, etc.-Jebeles v. State, 131 Ala. 41 (31 So. 377). A merchant making a single sale on Sunday may or may not violate the statute for keeping open store, but a sale on Sunday with closed doors would be as invalid as one made with open doors.-Wadsworth v. Dunnam, 117 Ala. 661 (23) So. 699). All unnecessary shooting prohibited; such as to shoot at a dog in wantonness and mischief.-Smith's case, 50 Ala. 159. Constituents and proof of the offense of keeping open store.-Dixon's case, 76 Ala. 89. Evidence explaining a sale.-Ib. Store or shop must be kept open for purpose of traffic.— Snider's case, 59 Ala. 64. Word "shop" not equivalent to word "store.”— Sparrenberger's case, 53 Ala. 481. Different sales are merely evidences of intent; do not require election by state. Snider's case, 59 Ala. 64. Purpose for which store kept open, question for jury.-Ib. If a party bet at cards at a public place on Sunday he may be prosecuted for three offenses, but a con viction under one is a bar to the others.-McVay's case, 100 Ala. 110 (14 So. 862); O'Brien's case, 91 Ala. 29 (8 So. 560). 64, § 1. (r.c.c.) 7815. Sale of liquor on Sunday prohibited. Any person Feb. 23, who shall on Sunday keep open a barroom, or other place for 1903, p. the sale of spirituous, vinous, or malt liquor; or any dealer in spirituous, vinous, or malt liquors who shall, on Sunday, sell or otherwise dispose of such liquors, or any of them, must, upon conviction, be fined not less than twenty nor more than one hundred dollars; and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than three months. And any person who is convicted under this statute, or before any mayor, recorder, or judge of a police court, or any judge of a municipality, shall forfeit his license and be debarred from conducting for himself or another the business of a dealer in spirituous, vinous, or malt liquor for the period of two years after such conviction. 7816. Record certified to probate judge after conviction. Ib., § 2. The clerk of the trial court, or any mayor, or judge of a (r.c.c.) police court, or any judge of a municipality, immediately after conviction, shall certify to the judge of probate of the county in which such conviction was had the names of those convicted under the preceding section, together with the dates of conviction, and the judge of probate must keep an accurate record thereof in a well bound book, kept for that purpose, and must not issue a license to such persons within two years of the date of such conviction. 7817. Probate judge not to license after notice of convic- Ib., § 3. tion.—Any judge of probate who issues a license after having received notice of conviction as provided in the preceding section shall be guilty of a misdemeanor. 1903, p. 281. §§ 1 7818. Baseball and other games not played on Sunday.- Sept. 28, Any person or persons who play or engage in the playing of any baseball, or football, tennis, or golf on Sunday, in any and 2. public place or places where people resort for such purpose, shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars nor more than fifty dollars. 7819. (5543) (4046) (4444) (3615) Holding public markets and trading therein on Sunday.-Any person who opens, or causes to be opened, for the purpose of selling or trading, any public market house or place on Sunday, or opens, or causes to be opened, any stall or shop therein, or connected therewith, or brings anything for sale or barter to such market or place, or offers the same for sale therein on that day, or buys or sells therein on that day (including live stock or cattle), must, on conviction, be punished as prescribed in the fifth preceding section. Any place where people assemble for the purchase and sale of goods, wares, and merchandise, provisions, cattle, or other articles, is a market house or place, within the meaning of this section. (Aikin's Digest, p. 439, § 1; Feb. 19, 1867, p. 594.) CROSS REFERENCES. SUNDAY VIOLATIONS (Criminal Code).. SUNSET AND SUNRISE (Criminal Code).. .7814-7819 6878 SUPERINTENDENT OF EDUCATION (Political Code).1681-1688, 1702-1711 SURVEYS, PLATS, AND MAPS OF TOWNS (Civil Code). .6028-6034 TAXATION GENERALLY, LAWS REGULATING (Political Code).2060-2412 TAXATION; OFFENSES CONCERNING (Criminal Code).... .7712-7720 TAXES; LICENSE, PRIVILEGE, AND FRANCHISE (Political Code) CHAPTER 296. TELEGRAPH AND TELEPHONES, OFFENSES CONCERNING. 7820. 7820. (5623) (3887) (4424) (3741) (194) Injuring tele- (r.c.c.) graph, telephone, or power plant lines, posts, etc.-Any person who willfully, wantonly, or knowingly cuts poles, or pushes down, short circuits, destroys, or injures any telegraph or telephone line or electric transmission line of any power plant, or any post, pole, tower, crossarm, insulator, wire, stay, or prop thereof, or who shall willfully, wantonly, or knowingly place and leave any wire, rope, pole, rail, plank, tree, brush, limb, or other thing on, across, or against the wire of such telegraph or telephone line or electric transmission line, or who shall willfully, wantonly, or knowingly interfere with the transmission of electric currents over such lines, or interfere with or injure directly or indirectly any apparatus, instrument, or machinery connected therewith, must, on conviction, be fined not less than twenty-five nor more than five hundred dollars, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months. 7820 TELEGRAPH COMPANIES (Political Code). TELEPHONES; OFFENSES CONCERNING (Criminal Code).. TEMPORARY USE OF ANOTHER'S PROPERTY (Criminal Code). 7330 TENANT FOR LIFE (Civil Code). .4731-4753 .3420, 3405, 3426 CHAPTER 297. TENANTS IN COMMON, FRAUDS AS TO. 7821. 7821. (4760) (3837) (4355) Disposing of property of tenants in common, or in which another has an interest.— Any tenant in common, or any person in any other way interested in any personal property or outstanding crop in which any other person has an interest, who, with intent to defraud his cotenant, or such other person, sells, gives away, or otherwise disposes of, or conceals, or removes such personal property or outstanding crop, or any part thereof; or any person who, with such intent, aids or assists in removing or concealing the same, must, on conviction, be punished as if he had stolen personal property of the value of the interest of such cotenant or other person having an interest therein. (Feb. 23, 1883, p. 187; Feb. 3, 1876, p. 289; amended Jan. 26, 1877, p. 138.) Liability of tenants in common as to larceny of common property.-Bonham v. State, 65 Ala. 456. Where land is cultivated under contract that crop shall be equally divided between owner of land and laborer, and the crop is divided, laborer's part put in crib and he then sells it to landlord in payment of advances, it vests title in landlord, and a subsequent removal by laborer is not violative of this statute, but is larceny.-Smith's case, 84 Ala. 438 (4 So. 683). Conviction cannot be had when lien or claim is merged into title before removal.-ıb. An outstanding crop is realty, and not protected by statute.McCall's case, 69 Ala. 227. See, also, Holcombe's case, 69 Ala. 218; Ellerson's case, 69 Ala. 1. |