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As amend

3, 1903, p.

389, § 1.

Feb. 9,

1901, p.

Taking Oysters for Canning Regulated.

1582. (3156) Public reefs.-The title to and property in all oysters in the tidewaters of the state outside of the six-hundred-yard limit prescribed in the preceding section shall remain in the state until divested as hereinafter provided. Oyster beds outside of such limits shall be known and designated as public reefs.

(Dec. 10, 1892. p. 27, § 2.)

1583. (3158) Property in oysters taken from public reefs.— When any resident citizen of this state shall lawfully take oysters from the public reefs, he shall have an unqualified interest in the oysters so taken, and shall have the right to sell the same without restriction or reservation.

(Dec. 10, 1892, p. 27, § 4.)

1584. (3159) Manner and time of taking.-It shall be unlawful for any person to take oysters from the public reefs except with the hands, or the double rake known as oyster tongs, worked by the use of either handles or ropes operated by hand

power.

(Dec. 10, 1892, p. 27, § § 5, 6.)

1585. (3160) Measure. When oysters in the shell are bought or sold by measure, it shall be by box measure, and the measure must be uniform in shape and of the following dimensions: eighteen inches long, twelve inches wide, and six inches deep, all inside measure; and four of such measures filled and rounded, without heaping, shall constitute a barrel.

(Dec. 10, 1892, p. 27, § 9.)

1586. (3157) License to take oysters from public reefs.—A license is hereby given to resident citizens of the State of Alabama to take oysters from the public reefs in the state, subject to the restrictions and regulations herein provided; but no person not a bona fide resident of this state is, or shall be, authorized to take or transport such oysters from, over, or through any of the waters of the State of Alabama.

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1587. Removing oysters for canning.-Any person or corpo ration, being a bona fide resident and citizen of the State of

Taking Oysters for Canning Regulated.

Alabama for one year or more, and engaged in the business of canning oysters within the state, may employ or contract with any person or persons, whether residents of Alabama 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 business as their own property.

1901, p.

119, § 2.

1588. License to take oysters for canning.-Any person Feb. 9, under such employment or contract may catch and remove oysters from any of the public reefs of the state for use in said. canning business, as well as from all private reefs, from the owners or proprietors of which such person or persons or corporations so engaged in such canning business shall have first obtained a license to catch and remove such oysters; but no person under such employment or contract, who is not a resident of this state, shall catch and remove oysters from any public or private reefs in the state except for use in such canning business, as aforesaid.

1589. Limit of number taken for canning.-No person or b., § 3. corporation shall take more than thirty-five hundred barrels of oysters a week from the public reefs of this state, under the provisions of this article.

1590. Size of oysters taken from public reefs.-No person or гb.. § 4. corporation shall take or buy, receive 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 covered by the shell when laid on a practically 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 shall be upon the person so taking or receiving such oysters.

1591. Size of oysters taken from private reefs.-No person Ib.. $5. or corporation shall take, or buy, receive, or have in possession, when taken by another, any oyster or oyster shell from any private 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 covered by the shell when laid on a practically level surface.

1592. Baldwin county exempt.-The provisions of this b. § 1. article shall not apply to the county of Baldwin.

CROSS REFERENCES.

OYSTERS; OFFENSES CONCERNING (Political Code)..
"" (Criminal Code)

......

.1581-1585 .7493-7509

Const. of

1901, $124;

Feb. 14,

1901, p. 121, § 1.

Ib,, § 2.

Ib., § 3.

Ib.. $4.

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1593. Attorney-general, secretary of state, and state auditor pardoning board. Whenever application is made to the governor for the parole, pardon, or commutation of sentence of any convict sentenced for a felony, he may at once refer the same, with all the recommendations, and any other papers accompanying it, to the attorney-general, secretary of state, and state auditor, as a pardoning board, for such action as is hereinafter provided.

1594. Duties of pardoning board.-Said attorney-general, secretary of state, and state auditor, when any application for parole, pardon, or commutation of sentence is referred to them, shall hear in open session, carefully examine, and thoroughly investigate the same, and shall report in writing, within sixty days from the time the same is referred to them, to the governor, their finding as to the merits of such application and the grounds thereof, and in such report they shall approve or disapprove such application, or make such recommendation as to the same as may seem to them advisable; after which, or on the failure of the board to advise, for more than sixty days, the governor may grant or refuse the commutation, parole, or pardon, as to him seems best for the public interest.

1595. Authority of pardoning board.-Said board may call upon any judge, or solicitor, or other public officer of the state, for any information or recommendation which may seem to them necessary or advisable in their consideration of any application so referred to them, and the person so called on shall furnish the same forthwith.

1596. Annual report of pardoning board.-At the end of each fiscal year said board shall make to the governor a written report of the applications so acted upon by them, showing the

name and residence of each applicant, of what crime convicted, the sentence therefor, and, in brief, their recommendations in the case, which report shall be printed and submitted by the governor to the legislature with his message.

1901, p.

121, § 5.

1597. No additional compensation.-Said board shall not Feb. 14, receive any compensation for their services under this chapter other than that already allowed to them as such attorney-general, secretary of state, and state auditor, and the clerks now allotted to them shall perform for them, without additional compensation, all such clerical service as may be necessary in the execution of the duties imposed upon them by this chapter.

CROSS REFERENCES.

PARDONING BOARD (Political Code)

.......

.1593-1597

PARDONS, COMMUTATIONS AND REPRIEVES (Political Code)..573, 1558

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PASSENGER RATES FIXED (Railroads) (Civil Code)......

PASSENGERS (Civil Code)..

PASSENGERS; TRANSPORTATION OF (Railroads) (Civil Code).5472-5631

PASTURAGE LIEN (Civil Code).

PATENTS (Political Code)....

...4808, 4809

.888-891, 1796-1797

.5563, 5564

.5487, 5488

CHAPTER 37.

PAUPERS. 1598-1617.

SECTION.
1598. Court of county commissioners
purchase and sell lands and
other property for poor-
houses.

1599. Jurisdiction; poorhouses.
1600. Settlement of paupers.
1601. Relief of those not entitled to
a settlement; burial of

strangers.

1602. Certain dead to be buried by corporate authorities.

1603. Strolling paupers removed, and, if sick, relieved.

1604. Rules for government of poorhouse.

1605. Pauper employed in labor. 1606. Duty of each supervisor. 1607. Relief until removed.

SECTION.
1608. County may appropriate
money in aid of indigent
Confederate soldier or sailor.
1609. Compensation to persons car-
the overseer of the poor.
ing for insane paupers.
1610. Pauper lunatics supported by
1611. Sick prisoners in jail.
1612. Burial of the poor.
1613. Payment of expenses.
1614. Relatives liable to support
poor; how enforced.
1615. Certificate of judge of probate
evidence of maintenance.
1616. Costs not to be taxed against
county on failure.
1617. Captains of vessels bringing
paupers to the state, to give
bond; penalty for breach;
penalty for refusal.

1598. (3232) (1465) (1729) (1446) (1211) Court of county commissioners purchase and sell lands and other property for poorhouses. The court of county commissioners may purchase and hold lands and other property, proper for the erection and continuance of a poorhouse, and may, at their discretion, dispose of lands now or hereafter owned for such purpose, and make titles therefor, and may make all appropriations and orders proper for the erection and continuance of poorhouses, and for the regulation and government of the poor and poorhouses.

(Aikin's Digest, pp. 340-343; Clay's Digest, pp. 491-495.) Original statutes passed from 1803 to 1807.-Toulmin's Digest, pp. 649 et seq.

1599. Jurisdiction; poorhouses.-The court of county commissioners of each county shall have jurisdiction and power necessary and proper for the relief and support of the poor of its county, and it shall have the control of the poorhouses, and may employ a suitable person to take charge of the same. It shall see that the poor are properly treated; and it may provide nurses and physicians in such cases as it may deem proper, and purchase medicine, and payment therefor may be ordered out of the proper fund by warrant on the county treasurer.

1600. Settlement of paupers.-To entitle any pauper to be supported by the county, he must have been a bona fide resident thereof for six months prior to his application for sup

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