of education, who embezzles or fraudulently converts to his own use such money or property, or any part thereof, must be punished, on conviction, as if he had stolen it, and shall forfeit his office.

4664 (3800) (4382). Embezzlement by using school money for other than school purposes.-Any person, into whose hands, or under whose control, any of the public-school money may come, who uses or permits the use of the same, or any part thereof, except for purposes of the public schools, and in accordance with the law regulating the public schools, and providing for the disbursement of the public-school money, is guilty of embezzlement, and, on conviction, must be punished as if he had stolen it.

4665 (3801) (4261) (3645) (103). Embezzlement by state treasurer, or person employed in his office.-If the state treasurer, or any other person employed in his office, embezzles, or fraudulently converts to his own use, or fraudulently secretes with intent to convert to his own use, any money, property, or effects belonging to the state, and which has come to his possession by virtue of his office or employment, he must be punished, on conviction, as if he had stolen it.

Noble's case, 59 Ala. 73.

4666 (3802) (4266). Embezzlement by tax-collector in failing to make returns and forward tax money.-Any tax-collector, who fails to make returns and forward the tax money in his hands, from time to time, to the proper authorities, as provided by law, except for good cause, is guilty of embezzlement of public funds, and is liable, on conviction, to a fine of not exceeding ten thousand dollars, and imprisonment in the penitentiary not exceeding two years.

Indictment may allege defendant embezzled "about" a named sum, and proof not required of precise sum alleged.-Britton's case, 77 Ala. 202. Failure to make monthly reports of collections, as required by law, is a felony, irrespective of amounts of default; though failure to make final report and settlement is a misdemeanor.-Ib. The officer is not criminally liable for the acts of his deputy or agent.-Ib. Officer's stub-book and abstract-book of his office admissible against him.-Ib. Judgment in civil case against officer and his bondsmen not admissible against him in criminal prosecution.—Ib.

4667 (3804). Embezzlement by collector of municipal taxes. Any officer or person charged with the collection of taxes, general or special, for any city, town, or municipal corporation, who embezzles, or fraudulently converts to his own use, or fraudulently secretes with intent to convert to his own use, such taxes, or any portion thereof, must, on conviction, be punished as if he had stolen the

same.

4668 (3803, 3805) (4275, 4389) (3724). Embezzlement by public officers. Any probate judge, clerk of a court of record, register in chancery, sheriff, coroner, tax-collector, county treasurer, trustee of public schools, notary public, justice of the peace, constable, or other public officer, who knowingly converts to his own use, or permits another to use any of the revenue of the state, or of any county thereof, or any money paid into his office, or received by him in his official capacity, is liable to indictment, and, on conviction, must be punished as if he had stolen it.

The minute entry of commissioners' court of settlement between court and county treasury, is admissible against treasurer on charge of embezzlement. Monroe's case, 111 Ala. 15. When one prosecution bar to another prosecution for the same fund.-Ib. A probate judge has no authority to make general deposits of public funds in a bank.-Alston's case, 92 Ala. 124. The effect of the statutes is to make the officers themselves the sole custodians of the public funds, and to prohibit them from allowing another to use such funds. Ib. If an officer, having exercised the highest degree of care, is robbed of the specific money of the state, he and his bondsmen are not liable therefor; but if he had exchanged the state's money for other, the rule would be different. Ib.; Houston's case, 78 Ala. 576. Punishment.-Herrington's case, 87 Ala. 1. Right to deposit.-Alston's case, 92 Ala. 124. Mingling state or county funds with others wrongful.-Ib.

4669 (3806). Prima facie evidence of embezzlement by tax-collector under preceding section.-The failure of any tax-collector to pay over or produce any money collected by him, either as state or county taxes, after demand by the state or county treasurer, shall be prima facie evidence against such tax-collector of embezzlement by him.

4670 (3807) (4387) (3723) (177). Failure of private banker, broker, etc., to pay over money on demand.-Any private banker, commission merchant, factor, broker, attorney, superintendent, general manager, or managing agent of any corporation, or other agent, who sells or disposes of property for another, and refuses, for three days after demand made by the person entitled to the same, his agent, or attorney, to pay the amount to which such person is entitled, must, on conviction, be fined not 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.*

4671 (3808) (4385) (3721) (175). Receiving embezzled property. Any person, who buys or receives property, knowing that it has been embezzled, or fraudulently converted, or fraudulently secreted, with intent to prevent the recovery thereof, or to defraud the rightful owner, must be punished, on conviction, as if he had stolen it.

4672 (8809) (4386) (3722) (176). Conviction of receiver before embezzler.-An offender may be tried and convicted under the preceding section, although the person who embezzled the property has not been tried and convicted.

4673 (3810) (4811) (4137) (587). Description of property in indictments. In an indictment for embezzlement, or other offenses. under this chapter, it is sufficient to describe the property in general terms, as "money," "bank-notes," "checks," "bills of exchange," or other evidences of debt, of or about a certain amount.

Indictment following Code form under this section sufficient.-Lang's case, 97 Ala. 41. A count in an indictment for embezzlement which, after following Code form, adds, "which said money had come into the possession of the defendant by virtue of a bailment for the mutual benefit of the bailor and defendant" is bad on demurrer.-Lang's case, 97 Ala. 41. Indictment for "money to about the amount of $150.00" is sufficient.-Huffman's case, 89 Ala. 33. Indictment alleging embezzlement of "Eighty ($80.00) Dollars in money, currency of U.S." is sufficient.-Gady's case, 83 Ala. 51.

*As amended by joint committee.

Feb. 21,

1893, p.837,

$16.

Ib. $17.

Ib.

Ib.

Ib. §27.

Ib. $37.

Ib. $38.

Ib. $39.

CHAPTER 150.

ELECTIONS, OFFENSES CONCERNING. 4674-4698.

4674. Failure of secretary of state to certify nominations.-Any secretary of state, who shall willfully fail or refuse to certify to any judge of probate any nomination which he is required by law to certify to such judge of probate, shall be guilty of a felony, and, on conviction, must be imprisoned in the penitentiary for not less than one, nor more than five years.*

4675. Falsely making or fraudulently destroying certificate of nomination.—Any person, who falsely makes or fraudulently destroys any certificate of nomination, or any part thereof, or files any certificate of nomination knowing the same, or any part thereof, to be false, shall be guilty of a felony, and, on conviction, must be imprisoned in the penitentiary, not less than one, nor more than five years.

4676. Suppressing nomination.-Any person, who suppresses any nomination which has been duly filed, shall be guilty of a felony, and, on conviction, must be imprisoned in the penitentiary not less than one, nor more than five years.

4677. Forging inspector's name on ballot.-Any person, who forges or falsely writes the name or initials of any inspector of elections on any ballot, shall be guilty of a felony, and, on conviction, must be imprisoned in the penitentiary not less than one, nor more than five years.

4678. Removing, etc., booth, convenience, or card of instruction. Any person, who, during or before an election, willfully removes, tears down, destroys, or defaces any booth or compartment or any convenience provided for the purpose of enabling electors to prepare their ballots, or any card printed for the instruction of electors, must, upon conviction, be fined not less than ten, nor more than five hundred dollars.

4679. Making false declaration as to inability to prepare ballot. Any person, who willfully makes to the inspectors of election a false declaration asserting his inability to prepare his ballot without assistance, must, on conviction, be imprisoned in the penitentiary not less than one, nor more than five years.

4680. Deceiving elector in preparation of ballot.-Any inspector or marker, who willfully deceives any elector in preparing his ballot, must, on conviction, be imprisoned in the penitentiary not less than one, nor more than five years.

4681. Disclosing vote of elector.-Any officer of election, who discloses how any elector may have voted at any election after acquiring knowledge of such vote by virtue of such office, must, on *As amended by joint committee.

conviction, be fined not less than ten, nor more than one hundred dollars.

4682. Disclosing or removing ballot; interfering with or influ- Ib. $43. encing elector; remaining in booth, etc.-Any elector, who allows his ballot to be seen by any person, or who takes or removes, or attempts to take or remove, any ballot from the polling-place before the close of the polls, or places any mark on his ballot by which it may be identified; or any person who interferes with any elector when inside the polling-place, or when marking the ballot, or unduly influences, or attempts to unduly influence, any elector in the preparation of his ballot; or any elector who remains longer than the time allowed by law in the booth or compartment after being notified that his time has expired; or any person who induces, or attempts to induce, any elector to show how he marks, or has marked, his ballot, or who prints, or procures to be printed, or has in his possession, any copy of the ballot prepared to be voted, must, on conviction, be fined not less than ten, nor more than one hundred dollars.

4683. Judge of probate failing to perform duty.-Any judge of Th. $45. probate, or other officer, on whom the duties of the judge of probate may have temporarily devolved, who knowingly and willfully neglects, fails, or refuses to perform the duties prescribed by law in respect to the preparation of the official ballot for any election, must, on conviction, be fined not less than five hundred, nor more than two thousand dollars.

1895, p 676,

.

4684. Inspector refusing to appoint markers, etc.-Any in- Feb. 18. spector of election, who willfully fails or refuses to appoint markers from the opposing political parties, as required by law, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars.

4685 (4178) (4279). Failure of sheriff to give notice of special election. Any sheriff, who fails to give notice of a special election ordered by the governor, as required by law, is guilty of a misde

meanor.

4686 (4179) (4280). Failure of officer to serve notices in contests of elections.-Any sheriff or constable, who fails to give the notices necessary to be served in cases of contested elections, within the time and in the mode prescribed, if practicable for him to do so, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars.

4687 (4180) (4281). Failure of sheriff to notify judge of probate and clerk of special election.-Any sheriff, who fails to notify the judge of probate and clerk of the circuit court that any special election is ordered by the governor, as required by law, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars.

4688 (4181) (4282). Failure of sheriff to be present and keep order on election day.-Any sheriff or deputy, who willfully or corruptly fails to perform any duty imposed by section 1633 (377) of this Code, must, on conviction, be fined not less than one thousand,

nor more than five thousand dollars, and be imprisoned in the penitentiary for not less than two, nor more than five years, at the discretion of the jury; and, upon conviction, the office of such sheriff is thereby vacated.

4689 (4182) (4283). Failure to deliver votes and poll-list to county returning-officer.-Any returning-officer of the precinct, who fails to deliver the statement of votes and the poll-list to the returning-officer of the county, within the time required by law, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars, and must also be imprisoned in the county jail for not more than six months.

4690 (4183) (4284). Failure of officers to perform duty under election law.—If any inspector, clerk, or other officer, on whom any duty is imposed by the election laws, willfully neglects to perform such duty, or is guilty of any corrupt conduct in the execution of the same, and no other punishment is provided for such neglect or conduct, he must, on conviction, be fined not less than one hundred, nor more than one thousand dollars; but no person shall be deemed an inspector, clerk, or officer, within the meaning of this section, until he first shall have taken an oath well and truly to discharge the duties of such office, to the best of his ability, or until he shall have performed some of the duties pertaining to such office. The failure or refusal of any person to accept office, or his failure or refusal to discharge and perform the duties of such office at any time after his appointment thereto, and prior to his taking the oath of such office, and before he shall have discharged and performed any of the duties thereof, shall not, in either event, be deemed a violation of this section.

4691 (4184) (4290). Special charge to grand jury as to violations of election laws.-It is the duty of the judge of the circuit, city, or criminal court to specially charge the grand jury and direct them to especially inquire into all illegal voting, and also into any and all illegal acts committed by inspectors, returning-officers, or other officers of election.

4692 (4185) (4289). Illegal voting or attempting to vote.-—Any person, who votes more than once at any election held in this state, or deposits more than one ballot for the same office, as his vote at such election, or knowingly attempts to vote when he is not entitled to do so, or is guilty of any kind of illegal or fraudulent voting, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than five years, at the discretion of the jury. (Form 91.)

Word "election" means act of casting and receiving ballots; the day and time of voting.-Harris v. Tucker, 54 Ala. 205. Elective franchise; nature of. Washington's case, 75 Ala. 582. Disfranchisement by conviction of petit larceny.-Anderson's case, 72 Ala. 187; Washington's case, 75 Ala. 582. Section 3, article eight of constitution construed; not an ex post facto law, or bill of attainder.-Ib. 582. Domicil, once acquired, not lost until new one actually gained, facto et animo; mere intention to change, without actual removal with intention of remaining, does not cause loss of domicil.-Hallett's case, 8 Ala. 161. Must be knowledge on part of person voting, of facts which disqualify him. Gordon's case, 52 Ala. 308; Carter's case, 55 Ala. 181. But if one votes recklessly,