near as may be to the jail, and there safely keep him until his health is sufficiently restored to authorize his recommitment to jail. 4957 (4546) (4498) (3798) (250). Same; guards summoned. When any prisoner or prisoners is or are removed from the jail under the provisions of either of the two preceding sections, the sheriff or jailer has authority, and it is his duty, to summon such guards as may be necessary to ensure their safe-keeping. 4958 (4547) (4499) (3799) (251). When jail unsafe, guards summoned to prevent escapes.-When the county jail is insufficient, and there is reason to apprehend an escape, the sheriff has authority, and it is his duty, to summon as many guards as may be necessary to prevent an escape. 4959 (4548) (4500) (3800) (252). Same; commitment to nearest sufficient jail.-In all criminal cases, either before or after conviction, and in cases of contempt, if it is shown to the court, judge, or committing magistrate, that the jail of the proper county is insufficient for the safe-keeping of the prisoner, or that there is no jail in the county, the commitment must be to the nearest sufficient jail; and the reason of such change must be entered on the minutes of the court, or stated in the warrant, or indorsed thereon, and signed by the magistrate; and the jailer of the county to which the commitment is made must receive and confine the prisoner on such commitment, or a certified copy of such order. 4960 (4549). Notice of confinement of prisoner in another county. When any person charged with the commission of any crime is arrested and confined in any county other than that in which he is triable, the sheriff having such person in custody shall at once notify the sheriff of the county in which such person is triable of the fact of such arrest and confinement; and, upon the receipt of such notice, the sheriff of the county last named shall apply to the proper authority for an order for the removal of such person to the jail of such county. 4961 (4550) (4501) (3801) (253). Removal of prisoners from one jail to another.-If the jail of any county is destroyed, or becomes insufficient or unsafe, or any epidemic dangerous to life is prevalent in the vicinity, or there be danger of rescue or lawless violence to any prisoner, any circuit judge, or the judge of the city or county. court of the county, may, on the application of the sheriff, and proof of the fact, direct the removal of any prisoner or prisoners to the nearest sufficient jail in any other county; and it is the duty of such judge, in such case, to make an indorsement on the order or process of commitment, stating the reason why such removal is ordered, and to date and sign such indorsement. 4962 (4551) (4502) (3802) (254). Guards summoned; escape of such prisoners.-When it becomes necessary to remove any prisoner from the jail of one county to another, in any case by law provided, the sheriff, or other officer having charge of such prisoner, has authority, and it is his duty, to summon such guards as may be necessary to prevent an escape. 4963 (4552) (4503) (3803) (255). List of prisoners certified by sheriff to judge. It is the duty of the sheriff, on the first day of each term of the circuit or city court of his county, to make out and deliver to the presiding judge a certified list of the names of all the prisoners confined in the jail, and of the offenses with which they are charged, or of which they have been convicted. Miller's case, 110 Ala. 85. 4964 (4553) (4504) (3804) (256). United States prisoners.-The sheriff or jailer must, if the jail of the county is sufficient, receive. into his custody any person committed under any criminal charge or offense against the United States, and safely keep such prisoner, according to the order or process of commitment, until duly discharged by law; and he is liable to the same penalties for the escape of such prisoner as for the escape of a prisoner committed under the authority of this state. 4965 (4554) (4505) (3805) (257). Same; marshal liable for fees. The United States marshal must become individually responsible to the jailer for all the jail fees of any prisoner committed under the authority of the United States, as well as the fifty cents per month for the use of the jail for each prisoner, according to the provisions of the resolution of the congress of the United States, adopted on the twenty-second day of September, A. D. 1789. 4966 (4555). Sheriff to report prisoners committed and discharged. When a prisoner is committed to the county jail, it is the duty of the sheriff of such county, in person or by deputy, to report in writing to the clerk of the city or circuit court of such county, within ten days next succeeding the commitment, the name of such prisoner, the day of his entering such jail, and by what authority, and upon what charge committed; and when a prisoner is discharged from, or otherwise leaves such jail, the sheriff shall report to such clerk, within two days next succeeding, the name of such prisoner and by what authority and when he so left or was discharged. CHAPTER 165. JURISDICTION OF PERSONS AND OFFENSES. 4967-4975. 4967 (3703) (4631) (3940) (392). All persons amenable, except for offenses exclusively cognizable in United States courts.-Every person, whether an inhabitant of this state, or of any other state or country, is liable to punishment by the laws of this state, for an offense committed therein, except when it is by law exclusively cognizable in the United States courts. 4968 (3716) (4632) (3941) (393). Generally, in county where committed. The local jurisdiction of all public offenses, unless it is otherwise provided by law, is in the county in which the offense was committed. 4969 (8717) (4633) (3942) (394). Offense commenced elsewhere, but consummated here.-When the commission of an offense, commenced elsewhere, is consummated within the boundaries of this state, the offender is liable to punishment here, although he was out of the state at the commission of the offense charged, if he consummated it in this state through the intervention of an innocent or guilty agent, or by any other means proceeding directly from himself; and the jurisdiction in such case, unless otherwise provided by law, is in the county in which the offense was consummated. Crow's case, 18 Ala. 545. 4970 (3718) (4634) (3943) (395). Offense commenced here, but consummated elsewhere.--When the commission of an offense, commenced here, is consummated without the boundaries of this state, the offender is liable to punishment therefor; and the jurisdiction in such case, unless otherwise provided by law, is in the county in which the offense was commenced. Prosecution for homicide may be maintained here, in the county where the fatal blow was struck, although the death, ensuing within a year and a day, occurred in another state.-Green's case, 68 Ala. 40. 4971 (3719) (4635) (3944) (396). Offense committed partly in different counties.-When an offense is committed partly in one county and partly in another, or the acts, or effects thereof, constituting, or requisite to the consummation of the offense, occur in two or more counties, the jurisdiction is in either county. Enticing away laborer, where master lives in one county and servant in another.-Prestwood's case, 87 Ala. 147. Does not apply to county in which parties agree to live in adultery, when committed in another.-Brown's case, 108 Ala. 18. 4972 (3720) (4636) (3945) (397). Offense committed on or near county boundary.—When an offense is committed on the boundary of two or more counties, or within a quarter of a mile thereof, or when it is committed so near the boundary of two counties as to render it doubtful in which the offense was committed, the jurisdiction is in either county. Confined to offenses common to each of the adjoining counties in all their ingredients and penalties.-McKay's case, 110 Ala. 19. Does not limit jurisdiction over navigable streams between counties, conferred by section 1400 (27). Jackson's case, 90 Ala. 590; Dickey's case, 68 Ala. 508. 4973 (3721) (4637) (3946) (398). Forcible marriage, decoying child, kidnapping, etc.-For the offenses specified in sections 4301 (3743), 4302 (3744), 4303 (3745) and 4304 (3746) of this Code, the jurisdiction is in the county in which the offense was committed, or in any other county into or through which, in the commission of the offense, the person upon whom it was committed may have been carried. 4974 (3722) (4638) (3947) (399). Bringing stolen property into this state. When property is stolen elsewhere and brought into this state, the jurisdiction is in any county into which the property is brought. 4975 (8723) (4639) (3948) (400). Carrying stolen property in to another county.-When property is stolen in one county, and carried into another, the jurisdiction is in either county. Aaron's case, 39 Ala. 684; Whizenant's case, 71 Ala. 383. The statute only an affirmation, not an enlargement of the common law.-Smith's case, 55 Ala. 59; Crow's case, 18 Ala. 545. Hence, statutory offense of stealing from a store or dwelling cannot be prosecuted in county where goods carried, though offense may be there prosecuted as a simple larceny.-Smith's case, 55 Ala. 59; Kidd's case, 83 Ala. 58. To authorize conviction in county where goods carried, thief must have had control of property in such county.--Lucas's case, 62 Ala. 26; Whizenant's case, supra. CHAPTER 166. JURORS AND JURIES. ARTICLE 1.-THE JURY COMMISSION; HOW CONSTITUTED AND PAID. 4976-4981. 4998-5002. 4. SPECIAL JURIES, AND REGULAR JURIES AT SPECIAL TERMS. 7.-PETIT JURY AND TALESMEN; ARRANGING, SWEARING AND CHALLENG- 8. THE GRAND JURY; ITS FORMATION, OATH, POWERS, DUTIES AND BUSI- 9.-PROCEEDINGS AGAINST DEFAULTING JURORS. 5046. 10.-DISCLOSING INDICTMENT AND TESTIMONY GIVEN BEFORE GRAND JURY, ARTICLE 1. THE JURY COMMISSION; HOW CONSTITUTED AND PAID. 1887, p. 151, 4976. Members of court of county commissioners or board of Feb. 28. revenue constituted jury commission.-The county commissioners $1. of each county, or members of the board of revenue in such counties as have such boards, not including the judge of probate, are constituted a board of jury commissioners for the selection and drawing of grand and petit jurors. 4977. Special oath to be taken by commissioners.-Such com- Ib. missioners shall, in addition to their official oath as members of the court of county commissioners or board of revenue, take an oath faithfully to discharge the duties required of them by law as jury commissioners, to keep secret the counsel of themselves and their associates and not to disclose the name of any juror drawn until the venire shall have been issued for such juror; which oath shall be in writing and subscribed by them respectively as a part of their official oath. Ib. $2. Ib. $7. Ib. Ib. $1. 4978. Place of meeting; sessions to be secret.-Such commissioners shall hold their meetings at the court-house or other place. provided by law for the sitting of the court of county commissioners or board of revenue; and when sitting for the transaction of business no other person than the commissioners must be present. 4979. Quorum.-A majority of such commissioners shall constitute a quorum. 4980. President elected at each meeting.-Such commissioners shall, at each meeting, select one of their number president of the board to preside at such meeting, and he shall continue in such office until the next meeting of the board. 4981. Compensation; how paid.-Each jury commissioner while engaged in the discharge of his duties as such shall receive, as compensation for his services, the same pay as a county commissioner or member of the board of revenue, which shall be paid by the county treasurer on the certified statement of the president of the board showing the amount due such commissioner. Feb. 28, 1887, p. 151, $3. 1889, p. 77. $1. ARTICLE 2. QUALIFICATION, SELECTION AND EXEMPTION OF JURORS. 4982. List of competent and qualified persons selected from amend county; certified copy deposited with judge of probate.—The ed Feb. 28, commissioners must, as often as may be necessary in order to carry out the purposes of this chapter, select from the male residents of the county over twenty-one and under sixty years of age, the names of such persons, not exempt from jury duty, as in their opinion are fit and competent to discharge the duties of grand and petit jurors with honesty, impartiality and intelligence, and are esteemed in the community for their integrity, good character and sound judgment; the commissioners shall prepare a list of names so selected, stating thereon the place of residence and occupation of each person, if known to them, and shall file a certified copy of such list, in a sealed envelope, in the office of the judge of probate within five days after making such selection; and the judge of probate shall keep such list securely and not allow the seal of the envelope to be broken, or such list to be inspected by any one, save the jury commissioners, unless under an order of the judge of the circuit, city or criminal court of the county. Feb. 28, What a mere immaterial irregularity.-Cross's case, 63 Ala. 40. A man must be a citizen, not a foreigner or alien.-Judson v. Eslava, Minor, 2; Primrose's case, 3 Ala. 546; Boyington's case, 2 Port. 100. Citizen must not be left off jury because of race or color.-Green's case, 73 Ala. 26. 4983. Name, residence and occupation written on separate slips, folded and put in a box.-When such list is completed the commissioners must write the name of each person therein contained, with his place of residence and occupation if shown by the list, on a separate piece of paper, and must fold or roll up such |