magistrate must direct it to be restored to the person from whom it was taken.

5500 (4743) (4022) (4393) (842). Proceedings returned to court, unless property restored to defendant.-The magistrate must, if the property is not directed to be restored under the provisions of the preceding section, annex together the search-warrant, the return and depositions, and return them to the circuit court having power to inquire into the offense, in respect to which the search-warrant was issued.

5501 (4744) (4023) (4394) (843). When costs taxed against plaintiff.—The complainant must pay the fees of the warrant before he is entitled to the same, and must also pay the officer his fees for the execution, before the same is executed; and if, on the hearing, it appear that there was no probable cause for believing the existence of the grounds on which the warrant was issued, the whole costs may be taxed against the complainant, and an execution issued therefor, returnable on any day the magistrate may direct.

5502 (4745) (4024) (4395) (844). Persons charged with a felony searched for weapons or evidence.-When a person charged with a felony is supposed by the magistrate before whom he is brought, to have upon his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and such weapon or other thing to be retained, subject to the order of the court in which the defendant may be tried.

Ex parte Hurn, 92 Ala. 102, 111.

CHAPTER 191.

SEDUCTION. 5503.

5503 (4015) (4188). Seduction.-Any man, who, by means of temptation, deception, arts, flattery, or a promise of marriage, seduces any unmarried woman in this state, must, on conviction, be imprisoned in the penitentiary for not less than one, nor more than ten years; but no indictment or conviction shall be had under this section on the uncorroborated testimony of the woman upon whom the seduction is charged; and no conviction shall be had if, on the trial, it is proved that such woman was, at the time of alleged offense, unchaste.

Indictment pursuing the language of the statute is sufficient.-Wilson's case, 73 Ala. 527 (reaffirmed in Smith's case, 107 Ala. 139, 145, as "a correct exposition of the statute"). The word "seduce" imports not only illicit sexual intercourse, but a surrender of the woman's chastity.-Wilson's case, 73 Ala. 527. The woman must be unmarried, chaste at the time of the alleged seduction, and it must be accomplished, either by means of "temptation, deception, arts, flattery, or a promise of marriage."-Wilson's case, 73 Ala. 527; Carney's case, 79 Ala. 14; Hussey's case, 86 Ala. 34; Munker's case, 87 Ala. 94; Cooper's

case, 90 Ala. 641; Anderson's case, 104 Ala. 83; Smith's case, 107 Ala. 139; Bracken's case, 111 Ala. 68. Chastity is an essential element; but its existence is presumed in the absence of evidence to the contrary.-Wilson's case, 73 Ala. 527; Hussey's case, 86 Ala. 34; Munker's case, 87 Ala. 94; Smith's case, 107 Ala. 139. The inquiry is not as to character or reputation, but as to actual chastity at the time of the alleged seduction.-Hussey's case, 86 Ala. 34; Munker's case, 87 Ala. 94; Bracken's case, 111 Ala. 68. But in rebuttal of evidence tending to impeach her chastity, the prosecutrix may adduce evidence of her general character in that respect.-Smith's case, 107 Ala. 139. A reasonable doubt of the existence of chastity at the time of the alleged seduction entitles defendant to an acquittal.-Wilson's case, 73 Ala. 527; Carney's case, 79 Ala. 14; Munker's case, 87 Ala. 94. Evidence of criminal intimacy with other men at times subsequent to the time of the alleged seduction is inadmissible.-Bracken's case, 111 Ala. 68. Sufficiency of corroboration of prosecutrix. Cunningham's case, 73 Ala. 51; Munker's case, 87 Ala. 94; Cooper's case, 90 Ala. 641. Prosecutrix cannot testify as to motives prompting or causes inducing her to consent; facts must be stated and left to the jury.-Wilson's case, 73 Ala. 527; Anderson's case, 104 Ala. 83. Nor can a witness testify that defendant acted toward prosecutrix as a suitor or lover, such being inferential facts to be found by the jury.-Carney's case, 79 Ala. 14. That defendant offered to marry prosecutrix after birth of child incompetent in his behalf. Smith's case, 107 Ala. 139. Nor can state prove that defendant sought an adjustment with prosecutrix.-Wilson's case, 73 Aia. 527. Birth of child as evidence of factum of sexual intercourse.-Cunningham's case, 73 Ala. 51. Evidence of preparations for marriage on the part of the woman.-Cooper's case, 90 Ala. 641. Letters admitting engagement.-Bracken's case, 111 Ala. 68. Confessions.-Anderson's case, 104 Ala. 83; Bracken's case, 111 Ala. 68. A conviction may be had if seduction committed at any time covered by the indictment; no election required.-Smith's case, 107 Ala. 139. Charges limiting inquiry to less than all the means mentioned in the statute, properly refused.—Anderson's case, 104 Ala. 83; Bracken's case, 111 Ala. 68.

CHAPTER 192.

SERVANTS, APPRENTICES, EMPLOYES AND IMMIGRANTS; OFFENSES CONCERNING. 5504-5512.

5504 (3756) (4324) (3690) (147). Enticing away servants or apprentices. Any person, who entices, decoys, or persuades any apprentice or servant to leave the service or employment of his master, must, on 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.

Owen's case, 48 Ala. 328.

5505 (3757) (4325) (3691). Enticing away servants or laborers under written contract, etc.-Any person, who knowingly interferes with, hires, employs, entices away, or induces to leave the service of another, or attempts to hire, employ, entice away, or induce to leave the service of another, any laborer or servant who has contracted in writing to serve such other person for any given time, not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, employs, entices away, or induces any minor to leave the service of any person to whom such service is lawfully due, without the consent of the party employing, or to whom such service is due, given in writing, or in the

presence of some credible person, must, on conviction, be fined not less than fifty, nor more than five hundred dollars, at the discretion of the jury, and in no case less than double the damages sustained by the party whom such laborer or servant was induced to leave; one half to the party sustaining such damage, and the other half to the county. (Form 45.)

Not in violation of law of congress known as "civil rights bill.”—Murrell's case, 44 Ala. 367. If contract in writing legally dissolved, laborer can make another.-Ib. 368. Prior verbal contract with accused, good defense.-Turner's case, 48 Ala. 549; Tartt's case, 86 Ala. 26. Infant's contract voidable, and, when disaffirmed, he may be hired by another.-Langham's case, 55 Ala. 114 (overruling, onthis point, Murrell's case, supra). Contract must be in writing. Murrell's case, 44 Ala. 367. Must be mutual.-Ib. 367. Knowledge of previous subsisting contract not essential to conviction; but, with such knowledge, refusal to discharge laborer is sufficient.-Murrell's case, Ib. 368. No conviction, if defendant's agent did the enticing.—Roseberry's case, 50 Ala. 160. Indictment may follow language of statute, and charge in alternative.-Murrell's case, 44 Ala. 367. And must allege Christian name of laborer, or that it is un-. known. Roseberry's case, 50 Ala. 160. The statute is not unconstitutional in attempting to punish criminally for violation of contract.-Tarpley's case, 79 Ala. 271. It is as much violation to hire servant after as before he quits service of employer.-Ib. A father is not liable for enticing his own minor child to leave employment, though he had hired out such minor.-Driscol's case, 77 Ala. 84. On desertion of family by father, mother entitled to service of children.-Winslow's case, 92 Ala. 78. In case of minor child, no express contract necessary.-Gandy's case, 81 Ala. 68. Complaint amendable.-Ib. Consent of employer to the employment is a defense; but if only conditional, performance of the condition must be shown.-Prestwood's case, 87 Ala. 147.

5506 (3758) (4327) (3693). Same; evidence of enticement. When any laborer or servant, having contracted as provided in the preceding section, is afterwards found in the service or employment of another before the termination of such contract, that fact is prima facie evidence that such person is guilty of a violation of that section, if he fail and refuse to forthwith discharge such laborer or servant, after being notified and informed of such former contract or employment.

5507 (3759) (4328) (1452) (1217). Master violating duty to apprentice. A master, violating any duty to his apprentice, as prescribed by section 501 (1479) of the Code, must, on conviction, be fined not less than fifty dollars.

Cockran's case, 46 Ala. 714.

5508 (3760) (4329) (1458). Enticing away, and giving supplies, etc., to apprentice.-Any person, who entices away any apprentice from his master, or knowingly employs an apprentice, or furnishes him food and clothing, without the written consent of his master, or gives or sells such apprentice ardent spirits without such consent, must, on conviction, be fined not exceeding five hundred dollars.

5509 (3761) (4330) (1472). Enticing away immigrant from employer. Any person, who employs any immigrant, or otherwise entices him from his employer, in violation of the contract of such immigrant, must, on conviction, be fined in a sum not less than the amount of wages for the unexpired term of the contract, and may be imprisoned in the county jail, or sentenced to hard labor for the county, at the discretion of the jury, for not more than three months.

5510 (3762) (4831) (1473). Immigrant leaving service without payment of advances.-Any immigrant, who abandons or leaves. the service of an employer without repaying all passage-money and all other advances, must, on conviction, be fined in a sum not more than double the amount of wages for the unexpired term of service, and imprisoned not longer than three months, or sentenced to hard labor for the county for not more than three months, at the discretion of the jury.

5511 (3763). Preventing persons from engaging in peaceful work or lawful industry.-Any person, who, by force or threats of violence to person or property, prevents, or seeks to prevent another from doing work or furnishing materials, or from contracting to do work or furnish materials, for or to any person engaged in any lawful business, or who disturbs, interferes with, or prevents or in any manner attempts to prevent the peaceable exercise of any lawful industry, business, or calling by any other person, must, on conviction, be fined not less than ten, 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 twelve months.

Feb. 28,

5512. Employer of female clerks must provide seats, etc.-Any 1889, p. 81. person, owning or controlling a store or shop in which any female is employed as a clerk or saleswoman, who fails to provide such female with proper accommodations for sitting and resting when not actively engaged in the work of her employment, or who fails to permit her to do so when not so engaged, must, on conviction, be fined not less than ten dollars.

CHAPTER 193.

SOLICITORS. 5513-5539.

5513 (4244) (769) (853) (721). How solicitors selected.-A solicitor for each judicial circuit in the state must be elected by joint vote of the general assembly, and his term of office shall be for six years, and until his successor is elected and qualified.

5514 (4245) (770) (854) (722). Vacancies; how filled.-Vacancies in such office are filled by the governor, the appointee to hold during the unexpired term, and until his successor is elected and qualified.

5515 (4246) (771) (855) (723). Must reside in circuit, or vacate office; notice of vacancy.-Every solicitor must reside in his circuit at the time of his election and during his continuance in office, or he vacates his office; and it is the duty of the judge of the circuit to notify the governor of such failure, who must supply the vacancy. 5516 (4247) (772) (856) (724). Duties of solicitors.-It is the duty of every circuit, county, city or other solicitor, within the cir

Dec. 12,

1892, p. 86,

$1.

Ib. $2.

cuit, county or other territory for which he is elected or appointed— 1. To attend on the grand juries, advise them in relation to matters of law, and examine and swear witnesses before them.

2. To draw up all indictments and to prosecute all indictable offenses.

3. To prosecute and defend any civil action in the circuit or city court, in the prosecution or defense of which the state is interested. 4. To inquire whether registers in chancery have performed the duty required of them by section 663 (743), and must, in every case of failure, move against such register as required by section 3799 (3131).

5. If a criminal prosecution is removed from a court of his circuit to a court of the United States, to appear in such court and represent the state; and if it be impracticable for him, consistently with his other duties, to attend such court, he may designate and appoint an attorney practicing therein to appear for, and represent the state. 6. To attend each special term of the circuit court held for the trial of persons charged with felony; and on failure so to do, a conditional judgment must be rendered against him for fifty dollars, to be made absolute on notice to him at the next term thereafter, unless a good excuse is rendered.

7. To perform such other duties as are, or may be required by law. Solicitor's signature not essential to validity of indictment.-Cross's case, 78 Ala. 430; Joyner's case, 78 Ala. 448. The practice of an attorney appearing at request of solicitor and aiding in the examination of witnesses before grand jury, condemned.- Blevins's case, 68 Ala. 92.

5517 (4248, 4249) (773, 774) (857, 858) (725, 726). Duty of solicitors to attend their courts; penalty as to other than salaried solicitors. It is the duty of every circuit, city, county or other solicitor to attend each term of the court for which he is solicitor and to remain in the discharge of his duties until the business of the state is disposed of; and any solicitor other than those mentioned in the next section, failing to so attend, or absenting himself before the business of the state is disposed of, forfeits to the state the sum of one hundred dollars, for which a conditional judgment must be rendered, to be made absolute on notice to such solicitor, unless a good excuse is rendered.

5518. Penalty against salaried solicitors for failing to attend court and perform duties.-If any solicitor, who is paid a salary by the state, fails or neglects to attend any term of the court for which he is solicitor, or, after attending, absents himself before the business of the state is disposed of, he forfeits to the state the sum of twenty-five dollars for each and every day he is thus absent or fails to attend, to be deducted by the auditor from his salary; the absence or failure of such solicitor to be certified to the auditor by the clerk of the court within ten days after the term, under a penalty of one hundred dollars, to be recovered in the name of the state, on two days' notice.

5519. Excuse; must be filed with auditor in ten days.-The deduction provided for in the preceding section must not be made if