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caBes where the treasurer shall have any doubt of the
right or lawful authority of any personal representative
or successor in trust to make said indorsement, the treas-
urer may require the person claiming the right to make
such indorsement, to procure, at his or her own expense,
the decree of a court of competent jurisdiction author-
izing such person to make such indorsement, and such
decree shall protect the treasurer from all liability for
allowing sucn indorsement.

Sec 7. Be it further enacted^ That it shall be the
duty of said city council to charge to individuals and ^oifec^ns!^
private corporations who may be supplied with water
from the water works to be purchased or erected under
this act, a rate for yie water used or consumed by such
persons or private corporations sufficient to pay the inter-
est on the bonds which may be issued under this act ;
and to collect the dues for water so used and apply the
same to the payment of such interest.

Approved December 10, 1884.



No. 126.] AN ACT [S. B. 4.

To prevent the sale, or giving away or otherwise disposing
of vinous, spirituous or malt liquors or intoxicating
bitters or beverages by whatsoever name designated,
within three miles of any cooling ground, coal mine,
ore mine, factory, furnace or rolling-mill, in beats one,
two, three, and seventeen, and Hillman's mines in beat
nine, and of Woodward's coal mines in Bethlehem
beat in Jefferson county.

Sbcttion 1. Be it enacted hy the General Assembly <?f Prohibition in
Alabama^ That from and after the passage of this act, it Jefferson co.



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1884r-85.



232



shall be unlawful for any person or persons to sell, give
away, or otherwise dispose of any vinous, malt or spir-
ituous liquors, intoxicating bitters, or other intoxicating
beverages, within three miles of any cooling ground, coal
mines, ore mines, furnaces, factories, or rofiing-mill in
beats one, two, three, seventeen, and of Hillman's mines
in beat nine, and of Woodward's coal mines in Bethlehem
beat in the county of Jefferson.

Sec. 2. Be it fxirther enactedy That any person or
Penalty. persous violating tne provisions of this act shall be guilty

of a misdemeanor, and on conviction thereof shall be
. fined not less than fifty dollars, nor more than two hun-

dred dollars, and may also be imprisoned in the county
jail, or sentenced to hard labor for the county not exceed-
ing thirty days, at the discretion of the court or jury
trying the same.

Seo. 3. Be it further enacted^ That the provisions of
Does not apply i^jjig ^ct shall uot apply to the town of Warrior, or to. any
U}w^!^^ other town now incorporated, or which may hereafter be
incorporated within the limits prescribed in this act ; nor
to the use of wines for sacramental purposes, nor to physi-
cians prescribing the aforesaid liquors in their practice ;
nor further, shall they apply to any,. person or persons
who shall take or give one or more drinks in a private
residence.

Approved December 11, 1884.



No. 127.]



Prohibitory
election in
Chambers co«



AN ACT



[S. B. 153.



To amend sections one, five and eight of an act approved
December 5th, 1882, entitled an act to authorize tne pro-
bate judge in Chambers county to order an election in
said county to prevent the sale, giving or other disposi-
tion of vinous, spirituous or malt fiqnors, or intoxi-
cating bitters, witnin the limits of said county.

Section I. Be it enacted hy the Oeneral Assemhly of
Alabama^ That section one of said act be and the same is
hereby amended so as to read as follows :

That after the passage of this bill, when twenty persons
or more desire to prevent the sale, or giving away or
otherwise disposing of vinous, spirituous or malt liquors



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233 1884-85.

or intoxicating bitters within the limits of Chambers
county, they may petition in writing the probate jndge
of said county, setting forth in said petition that in the
opinion of tlie petitioners the pnlJlic good will be pro-
moted by a prohibition of the sale, giving away or other-
wise disposing of vinous, spirituous or malt liquors or in-
toxicating bitters within the limits of said county, which
petition shuU be verified by the oath of one of appli-
cants; Provided^ the petitioners shall be freeholders of
said county.

Sec. 2. Be it further enacted^ That section 5 of said
act be, and the same is hereby amended so as to read as ^

follows :

That if the probate judge, on opening such election
returns, finds that there were more votes cast at said elec- ba"e^judge.°'
tion in favor of prohibition than were cast against it, then ' /

he shall make an order on the minutes of the Probate
court prohibiting the sale, giving or otherwise disposing
of spirituous, vinous or malt liquors or intoxicating bitters
witHin said county, and cause a copy of said order to be
inserted in some newspaper published in said county,
once a week for three consecutive weeks, or cause the
same to be posted at three public places in the county.
And after the expiration of thirty days after making of Goes into
said order, it shall not be lawful for any person to sell, «ff«ct.
give away or otherwise dispose of vinous, spirituous or
malt liquors or intoxicating bitters within the limits of
said county of Chambers; and any person found guilty
thereof shall be punished in the same manner as is now
prescribed by law against persons engaged in retailing
vinous, spirituous or malt liquors without license ; Pro- yxos\so
vided^ that the rights of any one holding license as a re-
tail or wholesale liquor dealer shall not be affected liereby
until the expiration of such license ; Provided further ^
That any licensed practicing physician, or licensed drug-
gist, in said county maj^ keep and dispose of vinous, spir-
ituous or malt liquor, mtoxicating bitters for medical or
sacramental purposes alone. That the quantity of spir-
ituous, vinous or malt liquors kept on hand by such physi-
cian or druggist shall not exceed five gallons of a kind at
any one time, and he shall dispose of such liquors in no
other wajr than under medical prescription from a practic-
ing physician who has subscribed to an oath, that he will
not prescribe vinous, spirituous or malt liquors or intoxi-



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1884^85. 234

eating bitters, for any person except in cases of absolute
medical necessity, which said oath must be made before
the probate judge of tlie county in writing and recorded
by said judge in his office.

Sec. 3. lie it furthen' enacted'^ That section 8 of said

act be, and the same is amended so as to read as follows :

That if on the returns of said election to the probate

If no prohibi- ju(jg^ j^ appears that more votes were cast against than in

dSmissed.^* " f avor of prohibition, then said judge shall make an order

dismissing said application, and the cost attending said

election shall be paid out of the same fund and in the

^ same manner that the expenses of elections for county

officers are paid out of.

Sec. 4. Be it furtlver endctedy That all laws and

Earts of laws in conflict with this bill be and they are
ereby repealed.
Approved December 11, 1884.



No. 128.] AN ACT [S. 165.

To regulate the sale, giving away or otherwise disposing
of spirituous, vinous or malt liquors or intoxicating
bitters, or patent medicines having alcohol as a base, in
Talladega county.

Section 1. Be it enacted hy the General Assembly of
Alabama^ That wheaever fifty or more resident house-

eiecUot'in'^^^^^^^ county file in the

ladega county office of judgc of probate of said county, a petition in
writing, praying for an election, to ascertain the wishes
of the people of said county as to the prohibition of the
sale of intoxicating liquors in said county, it shall be the
duty of said judge to order an election and fix the time
for holding the same, which shall not be more than sixty
nor less than thirty days from the time of the filing of
said petition.

Sec. 2. Be it further enacted^ That the sheriff of
Sheriff to give said county shall give notixje. at least forty days before
notice. ^j^^ ^j^^^ g^ ^XQ^ for such election, of the time of holding

and the purpose for which such election is held by pub-
lication as ijow required by section 261 of the code of
Alabama, and inspectors and returning officers shall be



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235 1884-85-

appointed for all the precincts in the county as now re-
qnired by law for the holding of general elections.

Sec. 3. Be it further enacted^ That upon the day so
appointed an election sliall be held at the voting places yj^^gg^^jpij^cc
in the several precincts of tlie count}' where the people
desire to vote, and all persons who are at the time quali-
fied voters, under the general election laws of this btate,
shall be entitled to vote at such election, and such elec-
tion shall, in all respects be governed by the general elec-
tion laws of this State which may be in force at the time,
except that inspectors and returning officers shall not be
entitled to any compensation for their services.

Sec. 4. Be it further enacted^ That at such election Mode of voting
those who desire to vote for prohibition, shall deposit
their ballots with the words " For Prdhibition " printed
or written thereon, and those who desire to vote against
prohibition, shall deposit their ballots -with the words
" Against Prohibition" printed or written upon them.
When the votes so cast are returned and counted by the
board of supervisors as required by law, if it be found
that a majority of all the votes cast and so counted in the
county are " f^or Prohibition," then it shall be the duty
of the probate judge to record the result in his offieeand
to give notice for thirty days by publication in all the
newspapers published in the county, that a majority of
the qualified voters who voted at said election, voted for
prohibition.

Sec. 5. Be it further enactsdy That after the expira-Qoes into-
tion of said thirty days notice, it shall be unlawful for effect.
any person, firm or corporation to sell, give away or oth-
erwise dispose of any spirituous, vinous or malt liquors,
or intoxicating bitters, or any brand of bitters or medi-
cine with sufficient alcohol or spirituous liquors therein
to make a man drunk, within the county of Talladega.

Sec. 6. Be it further enacted^ That any person or .
persons who shall violate the provisions of the preceding ^^^
section 5, shall be guilty of a misdemeanor and on con-
Tiction shall be fined not less than fifty nor more than
three hundred dollars, which fine shall be paid in money;
and for the second ojBEense, in addition to said penalty,
may be senteneed to imprisonment in the county jail, or
hard labor for the county for not less than one month,
nor more than six months, one or both, at the discretion
of the court or jury trying the same.



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1884r-86.



236



Exceptions.



7. Be it further enacted^ That any person or
Prohibitory onpersons who Sell or give away any intoxicating liquors in
election day. gg^j^j county on the (fay any election, provided for by this
act, is held, or within two days next preceding such elec-
tion, shall be guilty of a misdemeanor, and on conviction
shall be fined or imprisoned, one or both at the discretion
of the court or jury trying the same.

Sec. 8. Be it further enacted^ That nothing in this
act shall be so construed as to prevent the use of wine for
sacramental purposes, or the use of any kind of liquors
for domestic purposes, or the sale of wine in not less
quantities than one gallon by persons who manufactui-e
it from grapes or berries, in wnich there is no intermix-
ture of alcohol.

Sec. 9. Be it further enacted^ That this act shall be
so construed, that if an election is held in pursuance of
its provisions during the year 1885, the prohibition pro-
vided for by the fifth and sixth sections of this act, snail
not take effect till after the 30th day of April, 1885, and
that the probate judge of Talladega county shall not issue
to any person or persons a liquor license from the 1st of
January, 1885, for a longer period than the 30th day of
April, 1886. And if the result of the election be in favor
of "Against Prohibition" the said judge of probate can is-
sue liquor license from the 30th day of April, 1885, under
the law as it now is.

Sec. 10. Be it further enacted^ That nothing in this
act shall be so construed as to repeal or in any manner
effect any prohibitory law now in force, or which may
hereafter be enacted for the prohibition of the sale of
any intoxicating liquors in any part of Talladega county.
Approved December 11, 1884.



Duty of pro-
bate judge.



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237 1884-85.

No. 129.] AN ACT [S. 170.

To permit any licensed druggist or druggist to sell, give
away or otherwise dispose of vinous, spirituous or malt
liquors or intoxicating bitters in Jefferson Beat, Ma-
rengo county, on the written prescription of any li-
censed practicing physician of said county of Marengo.

Section 1. Be it enacted hy the General Assembly of Druggists au-
Alahama, That on and after the passage of this act, an v }^°J^^^^^^
licensed druggist or druggist shall be permitted to sell, rengo county.
give away or otherwise dispose of vinous, spirituous or
malt liquors or intoxicating bitters in Jefferson Beat, Ma-
rengo county, on the written prescription of any licensed
practicing physician of said Marengo county.

Sec. 2. Be it further enacted^ That all laws and parts Repeal of con-
of laws in conflict with the provisions of this act, be, and fljcting laws.
the same are hereby repealed.

Approved December. 11, 1884.



No. 130.] AN ACT fS. 10.

To change the boundary line between the school districts
in Lauderdale county, known as township one, range
eight, west, and township one, range nine, west.

Section 1. Be it enacted hy the General Assembly ^Boundary line
Alabama^ That the boundary line between the school pfsciiooidi5t.s
districts, known as township one, range eight, west, and count^y!*^^'^^^*
township one, range nine, west, be changed so that in
place of being the township line, it shall be as follows,
to-wit: Commencing at Hurricane creek where the
same intersects the northern township line, thence in a
southerly direction along said creek to where it flows into
Bine Water creek, thence along Blue Water creek to the
southern township line.

Sec. 2. Be it further enacted^ That all that part of seprate school
said territory lying east of said line, shall constitute a ^i***"*^*-
separate school district, known as township one, range
eight, west, and that part lying west of said line, shall



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1884^5. 238



constitute a separate school district, known as township
one, range nine, west.

Approved December 11, 1884.



No. 131.] AN ACT [S. 98.

To prohibit the manufacture, sale, giving away or other
disposition of spirituous, vinous or malt liquors or in-
toxicating bitters in Beat No. 4, in * Marion county,
except in certain cases.

Section 1. Be it enacted hy the General Assembly of
Liquor prohi- Alabama^ That from and after the passage of this act, it
bition. Marion shall be Unlawful for any person to manufacture, sell,
■county- giyg away, or otherwise dispose of spirituous, vinous or

malt liquors or intoxicating bitters in Beat No. 4, in Ma-
rion county, except in cases of physicians and licensed
druggist who are authorized to sell, give away or other-
wise dispose of such liquors upon the requisition or pre-
scription of a physician for medical purposes.

Sec. 2. Be it further enacted^ That nothing in this
Exceptions, ^ct Contained shall prevent persons from using said
liquors in their, own houses, nor shall it prevent the use
of wine for sacramental purposes.

Sec. 3. Be it further enacted^ That any person who
Penalty ^^^ violate the provisions of this act shall be deemed

guilty of a misdemeanor, and must, on conviction, be
hned not less than Mfty, nor more than live hundred dol-
lars, and may also be imprisoned in the county jail or
sentenced to hard labor for the county for not exceeding
twelve months, at the discretion of the jury trying the
case!

Approved December 11, 1884.



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239 1884-85.

No. 132.] AN ACT [II. B. 31.

To prohibit the sale of spirituous, vinous and malt liquors
in Dallas County, outside the corporate limits and po-
lice jurisdiction of Selma.

Section 1. Be it enacted by the General Assemhly of
Alabama. Any person who sells, gives away or otherw^ise ,^^9"°^ PlP^^"
disposes of Vinous, spirituous or malt liquors, or mtoxi- i^s county,
eating bitters, beverages or drinks, or fruits preserved in
alcohol, or alcoholic liquors, in Dallas county, outside the
corporate limits and police jurisdiction of the city of
Selma, shall be guilty of a misdemeanor and on first con-
viction shall be lined not less than fifty dollars, and on a
second and every subsequent conviction shall be confined
at hard labor for the county for not less than thirty nor
more than ninety days.

Sec. 2. This act shall not be construed or held to pre- Exception.
vent the sale and use of wine for sacramental purposes,
nor to prevent the use of any of the above named liquors
in private families, nor to prevent regularly licensed and
practicing physicians from administering any of the above
named liquors whenever they deem it necessary.

Sec. 3. For every con-viction under this act, the solic- Solicitor's fee.
itor shall be entitled to a fee of fifty dollars, to be taxed
and collected out of the defendant as provided by law in
other cases of conviction.

Approved December 12, 1884.



No. 133.] AX ACT [H. B. 32.

To authorize the Probate Judge of Etowah county to or-
der an election to determine whether spirituous, vinous
or malt liquors, or other intoxicating beverages, shall
be sold, given away, or otherwise disposed of, in said
county, tlie same being prohibited by an act entitled
an act to prohibit the sale of spirituous, vinous or malt
liquore, or other intoxicating beverages in the counties
of Etowah, Cherokee, DeKalb and Tallapoosa, ap-
proved February 28, 1881,

Section 1. Be it enacted hy the Oeneral Assembly of



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1884-85. 240

Alahama^ That within ten days after the passage of this
Prohibitory act, it shall be the duty of the probate judge of Etowah
Etowah CO <5<>^^ty> a'^d he is hereby authorized and required to or-
der an election in said county to determine whether spirit-
uous, vinous or malt liquors, or other intoxicating bever-
ages, shall be sold, given away or otheryrise disposed of
in said county, the same being prohibited by an act en-
titled an act to prohibit the sale of spirituous, vinous or
malt liquors, or other intoxicating beverages in the coun-
ties of Etowah, Cherokee, DeKalb and Tallapoosa.
Sec. 2. Be it further enacted^ That said election shall
Time & place, ^c held at the usual voting places in said county, on a
day ordered by the probate judge, the same not being less
than thirty nor more than fifty days after the publication
of said order, said election to be held and conducted in all
respects under the laws not inconsistent with this act gov-
erning general elections in this State; Provided, that
clerks and managers of elections shall have no pay for
their services in such election.

Sec. 3. Be it further eiiactM, That at such election

Modeof voting the pcrsons voting in favor of prohibition shall write or

print upon their tickets "Prohibition," and those voting

in opposition, shall write or print upon their tickets "No

Prohibition."

Sec. 4. Be it further enacted^ That if it appear to
Result ^'^® probate judge on opening such election returns that

a majority of the electors voting at such election, voted
in favor of "No Prohibition," then he shall record the
result in the minutes of the probate court of said county,
and it shall be his duty, and he is hereby authorized and re-
quired to grant licensee to any person who has complied with
the general laws governing the sale or otherwise disposing
of vinous, spirituous or malt liquors, or other intoxicating
beverages in this State, to sell the same under the gene-
ral laws governing the sale of said liquors; Provided^
that this act shall not have the effect to repeal or alter
said act of February 28, 1881, entitled an act to prohibit
the sale of spirituous, vinous or malt liquors, or other in-
toxicating beverages in the counties of Etowah, Cherokee,
DeKalb and Tallapoosa, unless at said election a majority
of the voters thereat shall vote "No Prohibition'" and
the result is so recorded as provided.

Sec. 5. Be it further enacted, That all laws and parts



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241 1884-86.

of laws 80 far as the same conflict with the provisions
of this law, be and the same are hereby repealed.
Approved December 12, 1884,



No. 134.] AN ACT [H. B. 37.

To repeal an act entitled an act to authorize the assess-
ment and the collection of the tax upon the lands be-
longing to the estate of O. S. Prince, deceased, by the
tax assessor and collector of the county of Tuskaloosa,
and exempt the same from assessment and collection of
tax in the county of Hale.

Seciion 1. Be it enacted by the General Assembly of
Alabama^ That '^an act entitled an act to authorize thcAssessmtancf
assessment and the collection of the tax upon the lands be- collection of
longing to the estate of O. S. Prince, deceased, by the
tax assessor and collector of the county of Tuskaloosa,
and exempt the same from assessment and collection of
tax in the county of Hale," approved 18th December,
1874, be and the same is hereby repealed.

Approved December 12, 1884.



No. 135.] AN ACT [H. B. 300.

To repeal an act entitled an act to prohibit the sale, giv-
ing away, or otherwise disposing of spirituous, vinous
or malt liquors, or intoxicating bitters or beverages at
or within certain localities in this State hereinafter
designated, to-wit : At or within the bounds of Pleas-
ant Site beat, in Franklin county, Alabama; and at or
within five miles of the railway station-house at Beaver
Meadow, in the county of Mobile; and at or within
three miles of Harmouy church, in Blount county ; and
at or within six miles of Octagon church, in Marengo
county ; and at or within two miles of Shiloh church,
in Blount county ; and at or within a radius of three
miles of Cowikee Baptist church, and one and one-half
miles of Providence Methodist church, in Barbour
16



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1884-85.



242



Prohibition
amendment.



Localities



county (and other places), approved February 23, 1883,
80 far as the same prevents said sales at Batesville, in
Barbour county.

Skction 1. Beit enacted hy the Oeneral Asaemhly^f
Alahama^ That an act entitled an act to prohibit the sale,
giving away, or otherwise disposing of spirituous, vinous,
or malt liquors, or intoxicatins; bitters or beverages, at or
within certain localities in this State hereinafter desig-
nated, to-wit: At or within the bounds of Pleasant Site
beat, in Franklin county, Alabama; and at or within five
miles of the railway station-house at Beaver Meadow, in
the county of Mobile ; and at or within three miles of
Harmony church in Blount county ; and at or within six
miles of Octagon church, in Marengo county ; and at or
within two miles of Shiloh church, in Blount county;
and at or within a radius of three miles of Cowikee Bap-
tist church, and one and one-half miles of Providence
Methodist church, in Barbour county ; and at or within
three miles of Sandy Point church, in Barbour county;
and in Mount Meigs and McGehee's Switch beats, in
Montgomery county ; and in that portion of Shelby county
lying west of a line one mile east of west line of range
three west, in townships 22-21, and that portion of town-
ship south which lies south of the Cahaba river; and at
or" within two miles of Shady Grove church and school-
house, in Pike county, except in Linwood ; and at or with-
in three and one-half miles of Asbury church, in beat
No. 8, in Calhoun county ; and at or within four miles of
White Plains Academy, Chambers county; and at or
-within beat 4, in Shelby county; and at or within four
miles of Deatsville, Elmore county ; and at or within four
miles of Mount Zion, Providence and Fair Prospect
-churches in beat No. 8, and Mt. Lebanon church, in
Montgomery county ; and at or within township 12, range
18, in Montgomery county; and at or within five miles of



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