The age-herald., 1901-03-14
AN ACT

<AoboAa ANtiS lOi dsS aAA 8ANA
 in the State of Alabama by certain cit
 izens of the State.
 Section 1. Be it enacted by the General Assembly of Alabama, That any person or corporation, being a bona fide resident and citizen of Alabama for one month or more, and engaged in the business of canning oysters within the said State, may employ or contract with any person or persons, whether residents of Ala bama or not, to catch and remove oysters from any oyster reefs within the State for use in the conduct of such business, and may use such oysters in such busi- ness as their own property. Provided, that the county of Baldwin shall be ex- empted from the provisions of this act
 Sec. 2. Be 1t further enacted. That it shall be unlawful for any person under such employment or contract to catch and remove oysters from any of the pub lie reefs of the State for use in said can- ming business. as well as from all private reefs, from the owners or proprietors of which such person or persons or corpora ton so engaged in such canning business shall have first obtained a license to CdtCn anu TenlONG SUCH OySlcIS, pTONidSds however, that it shall not be unlawful for any person under such employment or contract, who is not resident of this State, to catch and remove oysters from any public or private reefs in the State except for use in such canning business as aforesaid
 Sec. 3. Je 1t further enacted, That no persor or corporation shall take more than thirty-flve thousand barrels of oys- ters week from the public reefs of this State under the provisions of this act.
 Sec. 4. Be 1t further enacted, That it shall not be unlawful for any such per son or corporation to take. or to buy. re- ceive or have in possession when taken by another, any oyster or oyster shell from any public reef of this State, whether single or in cluster, of less size than two and one-half inches in length in the shell, such length to be that cov- cred by the shell when laid on a practi- cally level surface, except where the same may be taken by resident catchers or private owners for the purpose of planting, In which case the burden of proof showing such intent and purpose SHdll pc upon In6 p6TSOn SO Ldkl1B OT Te- ceiving such oysters Any violation of this section shall be a misdemeanor, and shall be punished by fine of twenty-five dollars.
 Sec. 5. Be it further enacted, That 1t shall not be lawful for any such person or corporation to take, or to buy, receive or have in possession when taken by an- other, any oyster or oyster shell from any private reef of this State, whether sim gle or in cluster, of less size than two and one-half inches in length in the shell, such length to be that covered by the shell when laid on practically level surface. Any violation of this section shall be a msdemeanor. and shall be punished by a fine of twenty-five dollars. Sec. 6. Be it further enacted. That all laws or parts of laws, so far only as they may conflict with the provisions of this act, be, and the same are, hereby repeal ed.
 Approved February g, 1901.
 (Ofacial) ROBERT P. McDAvID, Secretary of State.
 No. 75s. AN ACT. H. s26. To amend Section 523s of the Code of Ala
 bama, 1896.
 Section l. Be it enacted by the General Assembly of Alabama, That Section 5239 of the Code be and the same is hereby amended so as to read as follows: 5239 (42s0 (46S3) (4O19 (4s4). The defendant if committed, may elect to perform hard labor for county. Duties of officers: If the defendant is charged with a misde- meanor, or felony not punished capitally, and Is ordered to be committed to the county jail, he may elect to perform hard labor for the county pending his trial. It shall be the duty of the magistrate committing him to inform him of his right to make such election, and of the advantages accruing to him thereby, and if he so elects, 1t shall be the duty of the | magistrate to make an order allowing him to do so and to certify that fact to the court at which he Is required to ap- pear. It shall be the duty of the sheriff to carry every person in his custody charged with mlsdemeanor or felony not punished capitally, before the Judge of Probate, or, if he Is absent, before the Clerk of the Circuit or City Court, within twelve hours after receiving such person in his custody; and 1t shall be the duty of such judge or clerk to inform such prisoner of his right to make such election, and of the advantages accruing to him thereby; and If he shall elect to perform such hard labor, such judge or clerk shall make an order allowing him to do so and shall certify that fact to the court at which he Is required to appear; and If he is convicted when tried, it shall be the duty of the court in determining his punishment, to take into consideration the amount of labor performed by him; and if he Is acquitted, the net amount so earned by him under his election to per form hard labor for the county shall be delivered to him by the County Treasur- CT who shall take his receipt therefor, which shall be his voucher. The earnings of such defendant under this section, shall be paid to the County Treasurer, tion of the prosecution; and if the de- fendant Is convicted shall be applied by him as the hire of convicts is applied It shall be the duty of such Justice of the Peace and Notary Public to render to the grand jury of the county, on the first day of each term of the Circuit or City Court, a statement, in writing and un- der oath, of the name of each defendant charged with Q misdemeanor or felony not punished capitally, committed by him. the date of such commitment and