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port; and the settlement of the parent or parents shall entitle the children to a settlement.

1601. Relief of those not entitled to a settlement; burial of strangers. The court of county commissioners shall also relieve, support, or employ paupers found or being in the county, though not entitled to a settlement therein, and in case of their decease, shall decently bury them, and the court shall decently bury all strangers dying in the county.

1602. Certain dead to be buried by corporate authorities. The municipal authorities of every city, town, or village, shall bury all strangers found dead within their limits, or found floating in any river at a point adjoining the limits, and all expenses or charges shall be chargeable to the county; and an accurate account thereof shall be reported to the court of county commissioners, which shall allow the same, and order it to be paid out of the county treasury; but the court of county commissioners may fix maximum charges for such burials.

1603. Strolling paupers removed, and, if sick, relieved.— The members of the court of county commissioners shall prevent the poor from strolling from one district to another; and, in case any pauper shall leave the county in which he may have a settlement, and remove to another county, any member of the court of county commissioners may make an order to remove the pauper back to the county from which he came, directed to any constable to execute. But if the pauper be sick or disabled, so that he cannot be removed, he shall be provided for in the county in which he may be found until he can be removed. And it shall be the duty of the court of county commissioners, to which any pauper belongs, to receive him, on his removal, and provide for him as in other cases.

1604. Rules for government of poorhouse.—The court of county commissioners shall prescribe such rules as it may deem expedient for the government and support of the poorhouse, and may discharge any superintendent and employ another.

1605. Paupers employed in labor.-The court of county commissioners may cause the superintendent of the poorhouse to employ in labor such paupers as may be able to work, in such way as it may deem proper, without endangering their health or without oppressing them; and a fair account of the profits resulting from such labor shall be kept and returned to the court of county commissioners. No pauper shall be caused to work without a certificate of the county physician that said work will not be injurious to such pauper.

1606. Duty of each supervisor.-Whenever any member of the court of county commissioners shall ascertain that there is

Sep. 17,

1903, p.

237, § 1.

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a pauper in his district probably entitled to relief, it shall be his duty to examine into the pauper's right to support; and, if he be satisfied that such pauper is unable to support himself, or is entitled to be supported or provided for by the county, he shall report the facts to the court of county commissioners for its action; and, in case of emergency, he may give his written order to the superintendent of the poorhouse to receive such pauper; and may cause the pauper to be removed to the poorhouse.

1607. Relief until removal.-The court of county commissioners, and in case of emergency, the commissioner of the district, may provide for the temporary relief of a pauper until he can be removed to the poorhouse, not exceeding one month.

1608. (3236) County may appropriate money in aid of indigent Confederate soldier or sailor.-The commissioner's courts and county boards of revenue are authorized, in their discretion, to appropriate out of the county funds, a sum not exceeding forty dollars per annum, payable quarterly, in aid of any indigent Confederate soldier or sailor who is, by reason of blindness or the loss of a leg or an arm, totally disabled from physical labor.

(Feb. 21, 1893, p. 1007.)

1609. Compensation to persons caring for insane paupers.The court of county commissioners and county boards of revenue shall provide a schedule of fees in their respective counties, to be paid out of the county treasury on their order, to the county officers, or any person duly deputized by such officers, to temporarily provide for the care and maintenance of any person alleged to be insane, when such person has no means of paying such expense, pending an investigation into the mental status of such alleged insane pauper, before the probate judge of such county. Such judge shall, at the same time, hear evidence and decide therefrom the question of the ability of such alleged insane pauper to pay such expenses.

1610. (3237) (1469) (1733) (3201) (2762) Pauper lunatics supported by the overseer of the poor.-If an idiot or insane person has no estate, and no person is willing to become his guardian, the judge of probate must place him in charge of the overseer of the poor, who must provide for his safe-keeping and sustenance, and may call on his relations to aid in his support, under the provisions of this chapter.

(Aikin's Digest, p. 340, § 2.)

1611. (3239) (1471) (1749) (1468) Sick prisoners in jail.Whenever any insolvent person, confined in jail in any county of this state, on any criminal charge, becomes sick and requires

medical or surgical attention or medicine, the sheriff, or jailer, of the county, must give notice to the probate judge of the county of the condition of such person, and the probate judge must, on receiving such notice, or on receiving information in any other manner, of the sick and destitute condition of such person, employ a physician or surgeon, and furnish medicines and appliances as may by him be prescribed for such sick person; and the reasonable expenses of such medical attendance and medicines shall constitute a valid claim against the county.

(Feb. 14, 1860, p. 72.) Complaint must aver and proof must show that services were rendered to prisoner confined in jail. Malone v. Escambia Co., 116 Ala. 214 (22 So. 503). County liable for medical attention whether engaged by probate judge or served for jailor. Malone v. Escambia Co., 116 Ala. 214 (22 So. 503).

1612. (3240) (1472) (1747) (1466) Burial of the poor.Upon the decease of any person having no estate, leaving no relative in the county with ability or estate adequate to defray his necessary burial expenses, such expenses are a charge upon the county in which such demise shall take place.

(Feb. 14, 1856, p. 4, § 1; Feb. 23, 1860, p. 46, § 1.)

1613. (3241) (1473) (1748) (1467) Payment of expenses.When a death occurs, as contemplated in the preceding section, the court of county commissioners, upon the presentation of the account properly verified, shall make an order requiring the payment of the necessary burial expenses to the party by whom the same were incurred.

(Feb. 14, 1856, p. 4, §2; Feb. 23, 7860, p. 46, § 2.) Law casts on surviving husband the duty of burying his deceased wife, and the expense thereof is not due from her estate.-Lott v. Graves, 67 Ala. 42.

1614. (3233) (1466) (1730) (1447) (1212) Relatives liable to support poor; how enforced. The father, grandfather, brother, mother, grandmother, child, or grandchild, of any poor persons, unable to maintain themselves, being of sufficient ability, must support such persons; and failing to do so, any county in the state, having made provisions for such persons, may sue their father, grandfather, brother, mother, grandmother, child, or grandchild, of full age, or either of them, before any court having jurisdiction, and recover, at the rate of eight dollars a month, for the time such county has made provision for such persons; the court or jury, trying the same, being satisfied from the evidence that the defendant was of sufficient ability to provide for their support.

(Aikin's Digest, p. 342, §7; Clay's Digest, p. 493, § 7.) Son is liable for the support of his indigent mother.-L. & N. R. R. Co. v. Jones, 130 Ala. 456 (30 So. 586). The custody of children is proper subject for chancery jurisdiction; where the child itself expresses a preference to live with its

uncle, who has adopted it, the court will award it to such uncle rather than to its paternal grandparent.-Woodruff v. Conley, 50 Ala. 305.

1615. (3234) (1467) (1731) (1448) (1213) Certificate of judge of probate evidence of maintenance.-On the trial, the certificate of the judge of probate of the county, that the person was poor and unable to maintain himself, and that he was maintained for such time at the expense of the county, is presumptive evidence of such facts.

1616. (3235) (1468) (1732) (1449) (1214) Costs not to be taxed against county on failure. Should the county fail to recover, no costs are to be taxed against the plaintiff, except for witnesses attending on behalf of such plaintiff.

1617. (3238) (1470) (1746) (1465) (1219) Captains of vessels bringing paupers to the state, to give bond; penalty for breach; penalty for refusal.-Any person, commanding any vessel which brings into this state any infant, lunatic, maimed, deaf, dumb, aged, or infirm person, who is likely to become chargeable to any county, may be brought before any judge of probate, and if such judge is satisfied that such person will probably be a charge to any county, he must require such master to enter into bond, payable to the state, with sureties resident in the state, to be approved by such judge, in the sum of five hundred dollars for each of such persons so brought, conditioned to pay all such expenses as any county in the state may incur in the support of such person; which bond must be filed and kept by such judge, and on its condition being broken, may be sued on, and a recovery had in different actions to the amount of the penalty thereof, in the name of the state, for the use of the county; and on failure to give such bonds, the judge must commit such master to jail until he gives the same, or is otherwise discharged by law.

(Aikins Digest, p. 342, § 8; Clay's Digest, p. 494, § 8.)

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PENSIONS FOR SOLDIERS AND SAILORS (Political Code).

PERJURY (Criminal Code)..

PERPETUATING TESTIMONY (Civil Code)

.1598-1613

.5290-5295

7517

7518-7540

2439

2439

2361

7805, 7806

.6479-6572

.1995-2055

.7541-7548

.4062-4076

PERPETUITY (Civil Code)

PERSONAL PROPERTY (Civil Code)..
PERSON OF COLOR (Political Code)..

.3410 et seq.

.3778-3792, 3378 et seq.

PERSON OF UNSOUND MIND (Giving or Selling Liquor to) (Criminal Code)

2

7355

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553, § 1.

1618. (3248) Board of pharmacy created; appointment and Aug. 6, qualification of members.-The governor shall appoint three 1907, p. persons from among the most prominent pharmacists of the State of Alabama, all of whom shall have been residents of the state for five years, and of at least five years' practical experience in their profession, who shall be known and styled "Board of Pharmacy for the State of Alabama," one of whom shall hold his office for one year, one for two years, and one for three years, and each until his successor shall be appointed and qualified; and each year thereafter another person, to be selected by the governor, who shall possess the same qualifications as hereinabove set out, shall be so appointed for a term of three years and until a successor is appointed and qualified. If a vacancy occur in said board by death, resignation, inability, or otherwise, another shall be appointed by the governor, who shall possess the same qualifications as hereinabove set out, to fill the unexpired term thereof. The members of the present board of pharmacy for the State of Alabama shall serve until the expiration of the respective terms for which they have been appointed. Said board shall have power to make by-laws and all necessary regulations, and create auxiliary boards, if necessary for the proper fulfillment of their duties under this chapter, without expense to the state.

(This chapter is based upon such acts of Feb. 28, 1887, p. 106, § 3.)

1619. Register of practicing pharmacists.-The board of Ib., § 4. pharmacy shall register in a suitable book, the names and places of residence of all persons to whom they issue certificates, and dates thereof; but this section shall not apply to any

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