The Birmingham age-herald., 1907-05-01
death to human being, five dollars per

annum.
 Sec. 5 Any person desiring to carry a pistol concealed about his person must fully comply with the requirements of sections 2 and of this act, and in ad- dftion thereto must enter into bond in the sum >of five hundred dollars, payable to the state of Alabama, with good and sufficient sureties, to be approved by the judge of probate. and conditioned to keep the peace to all parties, to wear in a conspicuous place on his person the badge hereinafter described at all times when he has such pistol concealed about his sperson, and to carry no other pistol than that which he is licensed to carry, the make and number of which must ap- pear on his license and on the record of the license In the probate office; the cost of such license shall be twenty-five dol lars per annum. Any person may bring su.. in the name of the state against the principal and suretes of such bond for breach thereof; one-half of the amount recovered to go to the person bringing the suit and the remainder to the state
 Sec. 6. It shall be the duty of the state auditor to have prepared imme- diately after the approval of this act a sufficient number of round badges, two thirds of an inch in diameter. consisting of some durable metal, white in color and having a durable device for attaching to the clothing, and to have plainly printed across the face thereof in durable red letters, as large Gs the size of the badge will permit, the word Armed" he shall also prepare and have printed in the manner prescribed by law a sufficient number of licenses answering the require ments of this act, which he shall fur nish to the several probate judges in the manner prescribed by law, together with sufficient number of said badges to nat l. I.1-N. .t.--.. several counties, and he shall provide and furnish to the several probate judges, from time to time such badges and H. censes as may be required to meet the provisions of this act. The sum of two thousand dollars annually, or so much thereof as may be necessary, Is hereby appropriated out of any money in the state treasury to cover the cost of pre- pairing the badges herein provided for, and said sum shall be paid by the state treasurer upon presentation of an item fzed statement of the account therefor. verified by affidavit and approved by the state auditor.
 Sec. 7. All licenses issued under this act shall be governed by section 4126 of the code of 1896, and the license tax collect ed under this act shall be paid half into the state treasury and half into the treas ury of the county in which the license is issued. A license issued in any county snail entitle the person to whom it is is- sued to carry the hrearm mentioned therein in any county of the state with out further cost
 Sec. 8. Any person violating the provi- sions of this act, or either of them shall De guilty of a misdemeanor and shall be fined not less than five hundred nor more than five thousand dollars, and may also be sent to hard labor for the county for not more than one year; and for every arrest under this act the officer making the same shall be entitled to a fee of five dollars, to be taxed as other costs
 Sec 9. The courts shall charge the grand 1uries specially as to the provisions of this act, and the grand juries shall have no discretion, but must find indictments. for the violation hereof whenever the evidence will permit.
 Sec. TO- No person upon trial for any homicide or assault committed outside his curtilage, or house of business, shall be permitted to interpose the plea of self defense, when it Is shown that the homi- eide or assault was committed with a flrearm, unless it is also shown that the defendant had complied with the provi- sions of this act.
 Sec. II. If, however. the firearm carried was not concealed, then nothing herein contained shall be construed to prevent any person from giving in legal evidence iidt dl ine llIfle Ol lllt CdTTylnR or the firearm, or at the time of the homicide or assault, he had good reason to appre- bend an attack, endangering his life or limb which evidence shall be considered by the jury, and if 1t is deemed by them that it was reasonably necessary, at the time of the carrying of the firearm, or at the time of the homicide or assault. that the defendant should carry a weapon in his own defense, the provisions of this shall have anpIip1tiODs and vided further that nothing herein con- tained shall apply to the state militia or to any person bearing arms in defense of the state or to sheriffs, their depu- ties. constables, watchmen, or police off, eers in the actual discharge of duties re- quiring the use of firearms, or to pre- vent persons travelling through this state from carrying unloaded firearms to and from cars, or persons carrying unloaded firearms to and from cars, or persons carrying unloaded unconcealed firearms to and from the curtllage of their dwell ings from and to gun repair shops and business houses dealing in firearms, or persons making a bona fide change of residence from carrying unloaded and un- concealed firearms to a new place of resi- dence.
 Sec. 12. It shall be the duty of the judge of probate of each county to keep in substantially bound book a record of all licenses issued under this act show ing the names of persons to whom li- censes have been issued, the date of such license, the character of weapon and the name of the parties recommending the issuance of the license; and he shall fur nish to the fire grand jury empaneed after. this act goes into effect a complete copy of this record, and to each grand jury thereafter complete copy of this record as to licenses issued since his T,x. I'M. l. entitled to a fee of fifty cents, to be de- ducted by him from the license tax. for each license issued under this act.
 Sec. 13.-Any judge of probate who