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be, on money by them collected from said assets and
property in debts and claims of said corporation under
the direction and supervision of said court of chancery,
as provided in the last preceding section, to apply their
collections to the payment of the matured debt, of said cor-
poration ; first, to the matured floating debt now existing
and which is part of. the necessary municipal expenses
created by said city of Opelika in its character of govern-
mental agent of the . State, then to the payment of the
other matured debt of said corporation ; and for this pur-
pose, said commissioners shall periodically, in anticipation
of the application to the court of chancery, in the next
preceding section directed, when they have money to dis-
tribute, by public advertisement for the space of at least
ten days, in one or more newspapers most likely to ex-
tend the information to parties interested, to give notice
of their intended application for leave to make partial
payments^ and call upon holders of said matured debts to
specify at a named time and place, what, if any, discount
they are respectively willing to make from the face of
their several demands, and thereupon such holders as are
willing to make the largest deduction from the said
claims they shall be first paid, and so on from time to
time, till all the money tnen on hand from collections
heretofore made shall be exhausted ; always and at each
distribution paying first those who oflfer to allow the
largest discount upon their several demands ; always how-
ever, appropriating to the holder of secured debts the
proceeds arising from property and income, which before
the passage of this act, was lawfully pledged for the se-
curity of such secured debts.

Sbc. 16. Be it further enacted^ That said . commis- Adjustment of
sioners be and the same are hereby authorized and em- city bonds.
powered to adjust, compromise and settle the indebted-
ness of the said city of Opelika arising from bonds issued
by said city of Opelika in payment of stock subscribed to



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1884r-85. 472

the capital stock of railroad companies as hereinafter pro-
vided.
^Sec. 17. Be it further enacted^ That it shall be the
Advertise for ^"^J ^^ ^^^ Commissioners, by advertising or otherwise
bondholders to ascertain at as early a day as practicable, the holders
and owners of said bonded indebtedness, and to request
the presentation of all claims of the character aforesaid
to them, with the amount claimed. They may also in-
quire into the consideration alleged to have been paid for
said bonds, and how ranch was realized from the sale of
the same, and shall also ascertain all the facts pertaining
to the issuance of said bonds, and the manner in which
said subscriptions were made and what proceedings, if
any, have been had to enforce the collection of the
Amounts due on said bonds or any part thereof, said com-
missioners shall further ascertain tiie total indebtedness
of said city of Opelika, bonded or otherwise, as well as
the financial condition of the citizens, within the limits
of what has heretofore been known as the corporation of
said city of Opolika. They shall also ascertain the value
Value of taxa- ^^ the taxable property within said limits, and when all
bie property, such facts shall have been ascertained, the said commis-
sioners are hereby authorized to compromise, adjust and
settle the said indebtedness of said city of Opelika arising
from the issuance of said railroad bonds, upon such terms
and in such manner as may be agreed upon by them and
the holders and owners of said indebtedness, if a reason-
able and satisfactory agreement can be arrived at, and
that will be just and equitable to the citizens within said
corporate limits, and will not seriously impair the value
Rate of settle- of their property. But said commissioners shall not
"**"*• compromise, adjust and settle said indebtedness for more

than twenty cents on the dollar on the face value of said
bonds and the legally due coupons of the same.

Sec. 18. Be it further enacted^ That where the said

commissioners shall have compromised and adjusted said

Report to po- indebtedness in pursuance of the foregoing provisions, it

lice board. gj^^jj y^^ ^.j^^j^ ^„^y ^^ j^^j^^ ^„^ file witli the Opelika

police board a full and complete report of said compro-
mise and adjustment, embracing among other things the
basis of said adjustment, the respective holders and owners
of said indebtedness, the rate or rates at which the same
was adjusted, the amounts to be paid respectively to said



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478 1884-85.

holders and owners of said indebtedness, and sucli other
things as may be right and proper.

Sec. 19. Be it further enacted^ That on the said poHcc board to
oom promise and adjustment of said indebtedness, and the ^evy tax.
making and filing of said report with the Opelika police
board, then and in that event there is hereby levied a tax
of one per cent, per annum on all the taxable property
within what is now known as the district of Opelika, to
be assessed and collected bv the said Opelika police board
in the same manner as other taxes are assessed and col-
lected by them for the purpose of paying off and dis-
charging and carrying ont said adjustment and com-
promise.

Sec. 20. Be it further enacted, That in assessing and Authority to
collecting the said tax levied in section 19 of this act, thea»e«s and
said Opelika police board and the tax collector for said ^°^^®^**
board are hereby invested with all the authority and
powers to assess and collect the same as they have to as-
sess and collect other taxes within said district of Opelika,
and the tax laws in force for assessing and collecting the
ordinary taxes for said district are hereby declared to be
in full force for the assessing and collecting of said tax
levied in said section 19 of this act.

Sec. 21. Be it furtlier enacted. That this act shall
go into effect and become a, law on and after the first
Tuesday in March, 1885.

Sec. 22. Be it further enacted, That all laws and
parts of laws in conflict with this act, be and the same are
nereby repealed. But said repeal not to go into effect
until the first Tuesday in Marcn, 1885.

Approved February 14, 1885.



No. 289.] AN ACT [H. B. 730.

To fix the fees of justices of the peace in Lamar county.

Section 1. Be it enacted hy the General Assemhly of
Alaha/ma, That in the county of Lamar justices of the ^o f^^ ^he fees
peace may tax as costs and collect the following fees in of justices of
civil cases: For services under section 1561 (1276) of the^^P^^ ***
Code, in relation to taking studs and jackasses, to be paid
by the owner $1.00; for all the services in taking up



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1884-85. 474

estrays and making retnrn to the probate judge, to be
Fees. paid by the taker, ^2.00, and for proving property by the

owner and issuing order to restore the same, to be paid
by the owner, $1.00 ; for order to fence viewers under
section 1593 (1289) of the Code, one-half to be paid by
each party, $1.00 ; for the summons, or notice which be-
gins any kind of civil action, 50c. ; for docketing any
civil action, to be charged but once^ 25c. ; for each trial
and entering up judgment for less than fifty dollars, 50c.;
for trial and judgment for fifty dollars or more, $1.00;
for trial and judgment for any amount in qui tain ac-
tion, $1.00; for issuing subpoena, for each witness, 25c.;
for issuing and taxing costs thereon, 50c. ; for entering
the return of execution and making settlement on docket,
50c. ; for attachment bond, affidavit, and attachment re-
turnable to Circuit Court, and making return, $2.00 ; for
affidavit for attachment before himself, 25c. ; for taking
bond for attachment returnable before himself, 50c. ; for
issuing attachment returnable before himself, 50c.; for
taking examination of garnishee, 50c. ; for trial and en-
tering judgment against garnishee for less than fifty dol-
lars, 50c., and for fifty dollars or more, $1.00 ; for affi-
davit and summons to garnishee on judgment, 50c. ; for
taking and approving every bond, 50c. ; for transcript on
appeal or certiorari^ and certifying same, $1.00 ; for every
. certificate not otherwise provided for, 25c. ; for judgment
on forthcoming, stay or replevv bond for less than fifty
dollars, 50c., and for fifty dollars or more, $1.00 ; for
iudgment in summary proceedings for less than fifty dol-
lars, 75c., and for fifty dollars or more, $1.50; for any
transcript other than those sent up en appeal or certiorariy
50c., and certificate to same, 25c. ; for issuing venire,
50c. ; for trial of the right of property, $1.00 ; for taking
and certifying acknowledgment of deeds, for each certifi-
cate, 50c. ; for issuing scire facias and notice in the na-
ture thereof, 50c. ; for return to writ of certiorari and
supersedeas other than on appeal, 50c. In forcible entry
and detainer, or unlawful detainer, the following fees :
For summons or notice, 50c. ; for trial, $2.00 ; for enter-
ing judgment, $1.00; for writ of restitution, without
execution for costs, 50c., and with execution for costs,
$1.00. For the following services : For celebrating the
rites of matrimony, $2.00 ; for trying garnishment in in-
solvent tax cases, $2.00 ; and for all other services not



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475 1884-86.

herein provided for, such fees as are now or may be here-
after provided by the general laws of the State.
Approved February 14, 1885.



No. 290.] AN ACT [H. B. 789.

To regulate the fine and forfeiture fund of Wilcox
county and tlie disposal of moneys arising from fines,
forfeitures and convict labor.

Section 1. Be it enacted hy the General AsseviUy of
Al^iiama. That it shall be the duty of the Court of
County Revenues of Wilcox county to eive notice byf^"* *?^i°';

^ A ^. UT 1 J • xi i. feturefund of

advertisement m some newspaper publisned m the county, wiicox county
and also by posting a notice at the court house, and at
the voting place in each beat in said county, notifying
all persons holding claims whether registered or unregis-
tered, against the fine and forfeiture fund of said county,
to register the same with the county treasurer within
sixty days after the first insertion of said advertisement,
and if not so registered, said claims shall be forever
barred.

Sec. 2. £e it further* enacted, That all such claims Registration of
as have been heretofore registered shall be re-registered, ^^^™»-
preserving the order of previous registration.

Sec. 3. Be it further enactea, That the county county treas-
treasurer of said county shall keep the books of registra- "^er to keep
tion, and said book shall show the registration of all ^ '
claims for which said fine and forfeiture fund is liable.

Sec. 4. Be it farther enacted, That hereafter during
the term of the Circuit or the County Court of Wilcox cierk author-
county, no one but the clerk of such Court shall be au-izedto collect,
thorized to collect tlie fines, forfeitures and costs in State
cases during such term, the payment of which must be
entered upon the trial docket and upon the minutes of
such Court.

Sec. 5. Beit further enacted. That it shall be the To furnish a
duty of such clerk to furnish the Court of County JJeve-^^*^*™*"*-
nues of said county at the regular meeting of said Court
in February, April, August and NovemlSr, a statement
of all State cases disposed of at such term and how dis-
posed of, and within fifteen days after each term of such



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1884-85.



476



Pay over to
treasurer.



Penalty.



Duty of treas
tirer.



Notice.



Court, shall render to the county treasurer a list of all
the cases upon which costs were collected at such term,
stating the kind of funds collected in each case, and shall
then and there pay over the same to the county treasurer,
and said list must be verified by affidavit.

Sec. 6. Be it further eixdcted^ That such clerk fail-
ing to pay all money collected by him belonging to the
fine and forfeiture fund as required in section five of this
act, shall be liable to five per centum monthly damages
for each and every month of such failure.

Sec. 7. Be it further enacted^ That it shall be the
duty of the county treasurer, at the regular meeting of
the Court of County Revenues in February, April, Au-
gust and November, to furnish said Court with a state-
ment of all moneys in his hands accruing from fines, for-
feitures, convict hire and otherwise pertaining to said
fine and forfeiture fund, subject to the order of the
Court of County Revenues.

Sec. 8. Be it further enacted^ That it shall be the
duty of the Court of County Revenues of said county, on
the second Monday in February, April, August and No-
vember, each year, if there are funds in said fine and for-
feiture fund, to advertise for three successive weeks pre-
viously, in solne newspaper published in the county and
by posting a notice at the court house, and at the voting
place in each of the beats in said county, notifying all
persons holding registered claims against said fund that
sealed bids will be received until, and on such Monday
until 12 o'clock, for the same, and shall state in said ad-
Amo'iitoffand^®'*^^^®"^®^^ *^® amount of the fund on hand and the
and claims, amount of registered claims against said fund outstand-
ing and unpaid ; and the money shall be awarded to the
bidders who propose to accent payment in full of their
claims against said fund at tne nighest rate of discount ;
and should there be two or more bidders at the same rate
of discount, and the funds are not sufficient to pay all of
them, the money shall be awarded to such claims in
order of their registration, beginning with the oldest.
When the biddings are closed and the money awarded,
the probate judge, under the direction of the Court of
County Revenues, shall issue warrants upon said fund to
the persons entitled thereto, upon receipt and surrender
of their claims, or a proper voucher if the claim is not paid
in full.



Biddings.



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477 1884-86.

Sec. 9. Be it further enacted^ That after the passage
of this act, all fines, forfeitures and hire of convicts orpaym'ntstobe
anything pertaining to said fine and forfeiture fund,Jn lawful cur-
shall be paid only in lawful currency of the United *^^"*^^*
States ana in nothing else, and all moneys which accrue
to said fund in said county and which may be collected
by any sheriflE, clerk, judge of probate, notary public,
public constable, coroner, or other ofiScer, shall be paid to
the county treasurer, and any oflicer who collects any
such moneys^ and willfully fails for more than sixty days
to pay the same to the county treasurer, shall be guilty of
a misdemeanor.

Sec. 10. Be it further enaciedj That all laws and parts
of laws, in conflict with this act, be and the same are
hereby repealed.

Approved February 14, 1885.



No. 291.] AN ACT . [H. B. 790.

To legalize the acts of J. N. Holcombe, as treasurer of
Wilcox county, in paying out the money heretofore ac-
cruing from the hire of convicts for the use of said
county.

Section 1. Be it enacted by the General Assembly/ of
Alabama^ That the acts of J. N. Holcombe, as treasurer Treasurer of
of Wilcox county, in paying out on warrants of the court wiicox co.
of county revenues, money received by him as such treas-
urer from the hire of county convicts, in settlement of
the indebtedness against the general fund of said county,
be and th8 same are hereby declared to be legal, and he
is hereby relieved from all liability for the same.

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

Approved February 14, 1885.



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1884-85. 478

No. 292.] AN ACT [H. B. 816.

To extend the time of payment of the first installment of
amount due by Tallapoosa county under an act to au-
thorize the investment of certain revenues in the ad-
justment and settlement of the indebtedness of the
counties of Chambers, Lee, Pickens, Randolph and
Tallapoosa, incurred on account of stock subscribed to
railroad companies, approved February 15, 1883.

Section 1. Be it enacted hy the General Assembly of
Alabama^ That section 6 of an act entitled an act to au-

Jf^paymenMn *^^"^^ ^'^® investment of certain revenues in the adjust-

TaUapoosa cc. meut and settlement of the indebtedness of the counties
of Chambers, Lee, Pickens, Randolph and Tallapoosa, in-
curred on account of stock subscribed to railroad compa-
nies, approved February 15, 1883, be amended so as to
read:

Sec. 6. Be it further enacted^ That for the purpose
of refunding the State tax hereby appropriated, if the
same shall be used, there is levied by virtue of the pro-

Speciai tax. visions of this act, in addition to the regular State tax
levied under general law, and to meet the indebtedness
of said counties respectively to the State, an annual tax
of one-fourth of one per centum on all taxable property,
real and personal, in said counties respectively, which tax
so levied for the purposes so specified, shall be collected
in the same way and manner, and under the same pains
and penalties as may be provided by the general law for
the collection of the regular State taxes; said tax of one-
quarter of one per cent, shall begin in each county at the
end of three years, tax hereby transferred r^pectively,
except as to the county of Tallapoosa, which shall be at
the end of four years and continue annually until said
amount due the State has been entirely paid, including

-7 ^ . „,^ the amount paid by the State for compensation and ex-

KApenses pro my "'.. .1' . .j

rata over the penses 01 the Commissioner appointed to negotiate said
five counties, settlement, which said amount shall be divided equally
between said five counties.
Approved February 14, 18S5.



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479 1884-85.

No. 293.] AN ACT [H. B. 836.

To prohibit. the justices of the peace and persons clothed
with the jurisdiction of justices of the peace in Mobile
county fronj making contracts in relation to the exer-
cise of their powers.

Sechon 1. Be it enacted hy the General Aasemhly of
Alabama^ That it shall not be lawful for justices of the Reg'iating jus-
peace in Mobile county ,/or persons or oflScers in said [JJ^^^^ne'co?^
county, having and exercising the jurisdiction of justices
of the peace, to make with any person or persons any
contract or agreement to collect any debt, claim or de-
mand from any other person or persons, with or without
suit, for compensation to be paid by any percentage or
commission upon the amount of such debt, claim or de-
mand or otherwise, and thereafter at any time to bring a
suit against such debtor or person, against whom such
debt, claim or demand is alleged, to be tried, heard or
decided by himseli under his authority as a judicial offi-
cer of the State ; and any judgment or proceeding by any
such justice or person havmg and exercising the jurisdic-
tion of a justice of the peace for the recovery of any
debt, claim or demand wnich had previously been in his
hands for collection upon contract for compensation or
commission or percentage or otherwise, shall, and is here-
by declared to be null and void, and such nullity may be
declared by any court having jurisdiction of the amount,
upon the petition of the person or party against whom such
judgment shall have been rendered ; but this act shall
not prevent such officer from collecting debts, claims or
demands for such compensation as may be agreed upon ;
Provided^ suit therefor, if instituted, be heard, tried and
decided by a justice of the peace other than him with
whom the contract for collection may have been made.

Sec. 2. Be it further enoMed^ That it shall not be j^^^^ ^^.,^1 to
lawful for any justice of the peace in saicj county, or any makeanagree-
person having and exercising therein the jurisdiction of™"^*!^ *" ^^'
a justice of the peace, to make any contract or agreement
with any person or persons in advance of the trial before
him, or in advance of the collection of any debt, claim or
demand, for which suit may be brought !>efore him for
the remission, abatement or waiver of any part or por-
tion of his lawful costs, conditioned upon the success



' vance of trial.



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1884-86. 480

or failure of either partj^ to such cause, or conditioned
upon the collecting or mling to collect the debt, claim
or demand for which suit may have been instituted.
Sec. 3. Be it further enacted^ That any person guilty
Penalty ^^ ^^^ violation of either of the foregoing sections of this

act shall be adjudged guilty of a misdemeanor, and, upon
conviction, shall be fined for each offense not less tnan
twenty nor more than five hundred dollars, and may also
be imprisoned at the discretion of the court trying the
cause.

Approved February 14, 1885.



No. 294.] AN ACT [H. B. 905.

To pay Robert Hasson, Doorkeeper of the House, and
W . J. Padgett, Doorkeeper of the Senate, for articles
purchased for the use of the Senate and House of
Representatives.

Be it enacted by the General Assembly of Alahamay

That the amount of $47.35 be appropriated to pay W. J.

tides furnished Padgett for articles purchased for the use of the Senate.

to general as- and the amount of $100.20 is hereby appropriated to pay

scmbiy. Robert Hasson for articles purchased for the use of the

House of Representatives.

Be it further enacted^ That the auditor is hereby au-
thorized and instructed to draw his warrants on the treas-
urer for the amounts above set forth, and in favor of the
parties therein mentioned.
Approved February 14, 1885.



No. 295.] AN ACT [H. B. 224.

To regulate the holding of political primary meetings in
Mobile county for the designation of delegates to po-
litical conventions, or of candidates for any elective
office under the laws of this State.

Section 1. Be it eiuicted hy the Oeneral Assembly of
Alabama^ That whenever the executive or standing com-



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481 1884-85.

mittee of any political party of citizens in the county of
Mobile desire to take the sense of the members of the Priirary meet-
said party as to the proper persons to be made delegates ^^^^J^ MobUe
to any convention te be held for the purposes of that
party, or as to a proper person or persons to be presented
on behalf of that party to the voters of the county as
suitable for election to an ofSce to be filled by the elec-
tion of the voters of the county at an election to be held
in said county under the laws of this State, the said com-
mittee shall, at least seven days before the time appointed
for holding of the said convention, or the holding of said
election, give at least five days' notice by advertisement Notice of.
in some newspaper published in said county, or by post^
ing such notice in one or more public piaces in each ward
or election precinct or district in the county wherein such
primary meeting is proposed to be held, of the place where
the voters belonging to that party are requested to meet
in primary assembly, or meeting for the purpose of act-
ing in relation to the nomination of delegates or candi-
dates as herein above stated. Such notice shall also state
the day on which such meeting is to be held and the
hours within which it is to be held, and the names of the
persons appointed to hold such meeting and receive the
vote that may be cast thereat, and make report and
return thereof, and the time when such return and report
shall be made to the committee or organization directing
such meeting to be held.

Sec. 2. ne it further enacted^ That no person can Qualifications
vote or take part in the proceedings of any primary ot voters,
meeting who is not by the laws of the State a lawful
elector, and authorized to vote in any legal election in
the ward or precinct for which such primary meeting is
held.

Sec. 3. Be it further enacted, That the committee or committee to
organization so directing such primary meeting may by declare terms
its rules and regulations declare the terms and conditions *"^*^°"^*^*°'***
on which legal electors offering to vote or take part in
such meeting shall be regarded and taken as proper
members of the party at whose instance, or in whose in-
terest such primary meeting has been called or may be
held, and therefore entitled to vote at such meeting as a
member of that party.

Sec. 4. Be it further enacted^ That any recognized



Online Librarystatutes Alabama. LawsAlabama laws and joint resolutions. 1819- → online text (page 44 of 85)