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Alabama laws and joint resolutions. 1819- online

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fying the same, twenty-five cents, and the same fees on
the renewal or continuance of the partnership. The fee
of the probate judge for hearing application to compel a
personal representative to convey land under contract of
testator or intestate, and making the necessary orders and



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595 1884-86.

I

decrees, is one dollar and fifty cents, to be paid bv the
nnsuccessfnl party ; for certifying alphabetical list of elec-
tors, under section 240, including expense of printing,
such sum as may be allowed by the court of county com-
, missioners, not to exceed twenty cents for every one hun-
dred names, which shall be a preferred claim. On show-
ing to the court of county commissioners that he has
discharged his duties in relation to public roads, the judge
of probate is entitled to receive, annually, not exceeding
^ the sum of forty-five dollars, to be paid out of the county
treasury. For services under section 1904 (1742), $1.00 ;
j for receiving money under section 2629, when decree is
I rendered in favor of special administrator, one-fourth of
i one per cent, on the amount received ; on all sums paid
to the judge of probate as escheats under the laws of the
State, five per cent. ; for services rendered in the incor-
poration of railroad companies, the fees usually allowed
m civil proceedings ; for all other official duties for the
compensation of which no express provision is made by
law, such sum as may be allowed by the court of county
commissioners, to be paid out of the countv treasury,
not to exceed one hundred and twenty-five dollars.

Sec. 2. Be it further enacted^ That the probate ^o other fees,
judge of Madison county shall be entitled to no other fees
or compensation than as herein provided.

Sbo. 3. Be it further enacted^ That this act shall y^j^^^^g.^^^
not take effect till the expiration of the term for which
the present judge of probate of Madison county has been
elected, but that it shall take effect and be binding from
and after the expiration of the present term of said judge
of probate.

Sec. 4. Be it further enacted^ That all laws and parts Repeal of Uws
of laws in conflict with this act, so far as they apply to in conflict.
Madison county, be and the same are hereby repealed.
Approved February 17, 1885.



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1884r-86. 596

No. 333.] AN ACT [S. 220.

To amend an act entitled " an act to provide for the com-
pensation of jurors in Mobile county."

Section 1. Be it enacted by the Oeneral Assembly of
Alabama^ That an act entitled an act to provide for the
Compensation cQnjpensation of jurors in Mobile county be, and the
coumy"f"Mo*' same is hereby so amended so as to read as follows : Seo-
biic. tion 1. Be it enacted by the General Assembly of Ala-

bama, That from and after the passage of this act,
jurors, both grand and petit, regular and tales, in Mobile
county, are entitled to receive compensation for their ser-
Per diem and vices each, as follows, to-wit ". If the juror resides more
mileage. than two milcs from the place where his services are ren-

dered, he shall be entitled to two dollars for each day's
service as a juror and five cents for each mile traveled in
going to and returning from court, the mileage to be esti-
mated by the nearest route from each juror's place of
residence to the place of holding court, and ferriage ac-
tually paid in so going and returning ; such mileage and
ferriage to be allowed only for but once, going and re-
turning. If the juror does not reside more than two
miles from the place where his services are rendered, he
shall be entitled to one dollar for each day's service as a
juror and to nothing more. The fact of residence, if
more than two miles from the place where his services
are rendered, and the mileage and ferriage, when allowa-
ble, shall be proved by the oath of the jnror before the
clerk of the court. The clerk of the court shall, in all
SchVuror^a cases, give to each juror a certificate showing therein the
certificate. number of days he has served, and if he is entitled to
mileage and ferriage, the number of miles he has so trav-
eled and the amount of ferriage he has paid and the
amount of compensation to which he is entitled, which
certificate shall be payable out of the county treasury ;
Pnyoided^ nevertheless, the clerk shall not issue any cer-
tificate allowing mileage or ferriage, or more than one
dollar for each day's service, unless the juror claiming
the same shall make oath before the clerk to the effect
that he resides more than two miles from the place where
their services were rendered.

Sec. 2. Be it further enacted^ That jurors surving
Probate court. .^^ ^j^^ Probate Court of said county in the trial of a con-



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597 1884r-85.

tested will, shall be allowed the same compensation as
regular jurors, which must be taxed as costs by the pro-
bate judge and paid by the unsuccessful party to such
contest or out of the estate of the deceased, as the judge
may order ; but in no case to be paid by said county.

Sec. 3. Be it further enacted^ That jurors summoned Fees of jury of
by a coroner to hold an inquest shall be entitled to re-**^^^"^-
oeive seventy-five cents each per day for each day's ser-
vice, to be paid out of the estate of the deceased ; and
the coroner, if requested, shall give each juror a certificate
showing the amount to which he is entitled, which shall
be paid in preference and priority to any other claims
against the estate except claims for burial purposes ; but
the said county shall not be liable to pay such compensa-
tion unless upon afiidavit that no property of said dece-
dent can be found.

Seo. 4. Be it farther enacted^ That all other jurors y^jj ^^^^^ .^^^
in said county than such as hereinbefore mentioned, shall rors.
be entitled to the same compensation, to be paid in the
same manner as now provided by the general laws of the
State.

Sec. 5. Be it further enacted^ That all laws and
parts of laws, whether general or local, contrary to the
provisions of this act, be and the same are hereby re-
pealed in so far as they relate to Mobile county.

Approved February 17, 1885.



,No. 334.] AN ACT [S. 263.

To amend section 4927 of the code, so far as the same re-
lates to Wilcox county.

Section 1. Be it enacted by the Oeneral Assembly of
Alabama^ That section 4927 be so amended so as to read
as follows :

Fees of witnesses in criminal cases. — Witnesses sum- .
moned on the part of the State to appear either before code amcnSd,
the grand jury, or before any court, in which a criminal as to Wilcox
prosecution is pending are entitled to seventy-five cents ^^'^^^y-
per day, also five cents per mile for each mile to and from
their residence, by the usual traveled route, and all neces-
sary ferriages, fees of turnpikes and toll bridges ; which



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1884^85. 598



fees are to be taxed against the defendant, if convicted,
or against the prosecutor when the costs are imposed on
him.

Seo. 2. Be it further enacted^ That the provision of
this act shall apply only to the county of Wilcox.

Approved February 17, 1885.



No. 335.] AN ACT [S. 274.

To constitute the town of Warrior a separate school dis-
trict.

Section 1. Be it enacted hy the General Assembly of
Town of ^^'Alahama^ That the corporate limits of the town of War-
TChooi^dSrt^t ri^r shall constitute a school district, separate and apart
from the remaining school districts of the county of Jef-
ferson.

Seo. 2. Be it further enacted^ That the intendant and
Trustees councilmen of the town of Warrior and their successors
in oflSce, shall constitute a board of trustees for the dis-
trict.

Sec. 3. Be itfuther enacted^ That the board of trus-
tees shall have power to levy a tax on all property, both
Levy tax. ^^ ^^^ personal within the bounds of such school dis-
trict, not to exceed one-half of one per cent, for school
purposes.

Sec. 4. Be it further enmcted^ That said board of
Locate schools ^''"stees are authorized to establish and locate the number
of public schools to be taught each year within the school
district, and elect teachers for the same, and perform all
other duties imposed on township superintendents in the
State.

Sec. 5. Be it further enacted^ That the town of War-
To receive pro ^^^^ ^ ^ special school district shall receive its propor-
rata share oftionatc share of the school revenues apportioned to the
school revenue ^Qunty Qf Jefferson, including the pro rata share of the
16th section funds of such township as lie partly within
the corporate limits of the town of Warrior.

Sec. 6. Be it further enacted^ That the board of trus-

Board to man- ^®® ^ constituted in the act, shall control, manage and

age revenue, disburse all revenues which may be raised by special tax

or otherwise for the maintenance of the public schools



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599 1884-85.

within the limits of the town of Warrior, and under ench
rules and regulations as the board of trustees may pre-
scribe.

Sec. 7. Be it furthefr enacted^ That the trustees shall ^^ i^^y ^^^^
have power to buy lands for the purpose of building for buildings
school houses, which land shall be deeded to themselves
and their successors in office as trustees of said school dis-
trict. They shall also have power to build suitable school
houses and buy furniture for the same.

Sec. 8. Be it further enacted^ That they shall have Receive schoi-
power to receive any scholars not being within the limits ars not within
of the district, on such terms as may be agreed upon. •''^^^*-
They shall also have power to grade their school.

Approved February 17, 1885.



No. 336.] AN ACT [S. 285.

To authorize the mayor and aldermen of Birmingham to
issue bonds of said city for an amount not exceeding
twenty thousand dollars, for the purpose of purchasing
school lots in said city and of erecting, adding to, ana
improving school buildings and furnishing the same.

Section 1. Be it enacted "by the Oeneral Aeaembly of
Aldbama^ That the board of mayor and aldermen of Birmingham to
Birmingham be, and they are hereby authorized to issue sdioo? purcos-
the bonds of Said city oi Birmingham to an amount not es.
exceeding twenty thousand dollars or so much thereof as
said board may deem necessary for the purpose herein- Amount.
after named in sums of one hundred dollars for one-
fourth of the amount issued, and in sums of five hundred
dollars for three-fourths of the amount, and payable at
such time and place as said board may designate, not ex-
ceeding thirty years from the date thereof, and redeem- Redeemable.
able at the pleasure of said city at any time after the
period of fifteen years with coupons attached bearing
interest at a rate not exceeding eight per cent, and pay-
able annually to bearer.

Sec. 2. Be it further enacted^ That the bonds author- ^^^^^ %y^tA
ized to be issued under the provisions of this act shall be by mayor and
signed by the mayor and countersigned by the treasurer treasurer.
of said city and the seal of the city sliall be aflixed thereto.



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1884:-85. 600

aud the said city treasurer must keep a correct record
and account of all the bonds issued and disposed of under
this act.
Sec. 3. Be it further enacted^ That the said raavor
Authority of and aldermen of Birmingham are hereby authorized to
de^rmei?."'* **" do any and all things authorized by this act which may
be necessary to carry out the powers hereby granted
either through themselves or by any agent or agents
duly authorized or appointed by them for that pur-
pose, at any meeting of said board whether at a
regular or special meeting thereof ; and no technical in-
formality, irregularity, neglect or omission in the pro-
ceedings or records of said board, shall, in any wise,
vitiate or annul said bonds or coupons, which shall have
all the protection and properties of commercial paper.

Sec. 4. Be it further enacted^ That the mayor and
aldermen of said city are hereby authorized to negotiate
on s. ^^^^ g^jj g^^^j^ bonds as are issued by them by virtue of
this act, but said bonds shall not be sold for less than par
(one hundred cents on the dollar), and the proceeds of
said bonds shall be paid over to and be kept by the treas-
urer of said city, and to be used and applied to the pur-
chase of school lots in said city and for erecting and
improving school buildings and furnishing the same for
said city, such use, payment and application of said pro-
ceeds to be under the direction and by authority of said
Treas board of mayor and aldermen, and the said treasurer to

reasurer. ^^ responsible for the safe keeping of all the proceeds
arising from the sale of said bonds which may come into
his hands in his official capacity the same as for other
city funds or money in his hands as such treasurer, and
there shall be no commissions paid said city treasurer for
receiving or disbursing the funds arising from the sale of
the bonds named in this act.

Seo. 5. Be it further enacted^ That it shall be un-

Procceds to be ^^wful for the Said board of mayor and aldermen or any

applied to no member thereof, or any of the officers of said city of

other purpose. Birmingham, to apply the proceeds of the sale of any of

the bonds issued bv authority of this act to any other

purpose than that hereinbefore specified.

Sec. 6. Be it further enacted^ That for the better

May mortgage sccuring of the payment of said bonds at maturity, the

^o secure pay- g^id corporate authorities may execute to trustees, or in^

ment o n s. ^^^ manner or form as may be deemed best for the city '



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601 1884r-85.

a mortgage upon the real estate npon which the said
buildings are to bo erected, and upon tlie buildings so
erected, and said mortgage may be signed and executed
by the mayor in such manner as the board may direct.
Approved February 17, 1885.



No. 337.] AN ACT [S. 331^.

To amend an act to prohibit the sale or disposing of
spirituous, vinous or malt liquors, or other intoxicating
beverages, in the counties of Monroe, Escambia and
Pickens on and after January 1st, 1882, approved
February 23d, 1881.

Section 1. Be it enacted by the General Assembly of
Alabamaj That section one of an act entitled '*an act to Amendment of
prohibit the sale or disposing of spirituous, vinous orP[°^j^.^^2E>u^
malt liquors, or other intoxicating beverages, in the coun- ues.
ties of Monroe, Escambia and Pickens on and after Janu-
ary 1st, 1882, be so amended as to read as follows:

Section 1. Be it ena-oted by the General Assembly of
Alabama^ That on and after the passage of this act, it
shall be unlawful for any person or persons to sell, keep
for sale, or otherwise dispose of, anv spirituous, vinous
or malt liquors, or other intoxicating bitters or beverages,
within the limits of the counties of Monroe and Escam-
bia.

Approved February 17, 1885.



No. 338.] AN ACT [S. 340.

To amend sections 17 and 20 of an act to amend an act
to establish a new charter for the city of Birmingham,
approved February IT, 1883.

Section 1. Be it enacted by the General Assembly of
Alabama^ That section 17 of an act to amend an act to 'To *'?*"^ *^^
establish a new charter for the city of Birmingham, ap- charter for elr^
proved February 17, 1883, be amended so as to read as mingham.
follows : Sec. 17. Be it further enacted, That it shall be the



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1884r-85. 602

dnty of the mayor to preside and keep order at the meet-
ings of the board ; he shall call special meetings of the
board whenever, in his opinion, the interest of the city
requires it ; he shall keep an oflSce in said city and hear
and determine all cases of violations of all by-laws or
ordinances, or charter^ of said city and pnnisli the
offenders in such manner as the board may direct; he
shall receive such fees and salary as mav be prescribed by
the board; and he shall possess within the corporate
Mayor vested limits of said city all the powers and Jurisdiction of a
withpowereofjjiQtice of the pcacc in both civil and criminal cases, and
JUS iceo P^^ce^j^^jj ^^ subject to all the corresponding duties and liabili-
ties of a justice of the peace ; Provided^ that he shall
not be required to take jurisdiction of, try or determine
any cause, civil or criminal, as ex officio justice of the
peace, that has not already come before him as mayor of
said city. From any judgment or decision of said mayor.
Appeal may be as such, an appeal may be taken by the defendant to the
TOu^rt' *° ^^^'^Citv Court of Birmingham (the cause to be at issue in
^^^ ' said Gity Court within 30 days from the date of such

appeal) upon defendants entering into bond, with good
and sufficient security, to appear at the term of the court
to which the appeal is taken, and from term to term
thereafter until discharged by law ; to abide by and per-
form whatever sentence may be adjudged against him,
the bond to be payable to the mayor and aldermen of
Birmingham, in such penalty as the mayor may prescribe,
and to be approved by him, and such cause shall be plac^ed
on the criminal side of the docket, and if the defendant
be convicted, the court or jury trying the case may im-
pose fine and imprisonment, one or both, just as the
mayor could have done under the ordinance of the city
on the trial before him, and if the fine be not paid or
imprisonment be imposed, the defendant shall be re-
manded to the city prison, there to remain until dis-
charged, as provided by the ordinance of said city upon
conviction before the mayor. And in case the defendant
'do not appear at the trial, but make default, then his
bond shall be declared forfeited and judgment shall be
rendered thereon against the defendant and his sureties
as in State cases, except that the judgment shall be in
favor of the mayor and aldermen of Birmingham ; Pro-
vided, that sucn appeal be taken and fully perfected
imeo appca ^^.j^j^ g^^ j^yg f^oni the rendition of such judgment by



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603 1884-85.

the mayor, and the case shall be tried de novo, and it shall
be the duty of the court to speed the trial thereof. The
mayor shall have jurisdiction of all proceedings by mo-
tion, scire /acids, or other writs instituted for the collec-
tion of any penal bond payable to said mayor and alder-
men of Birmingham, taken under this act, or under the
ordinances of said city passed in pursuance of this act,
and from his judgment rendered in such proceeding exe-
cution thereon may issue and be enforced as executions
from justices court ; the said mayor shall have the right. Authority and
when the good or safety of the city may require it, to powers of the
call upon or demand the aid of the sheriff oi Jefferson ™*y*^^-
county, und may also require the aid and support of vol-
unteer or militia companies in said city for the protection
of said city ; he may punish any contempt while holding
his court, or while the board is in session, by fine not ex-
ceeding twenty-five dollars, and by imprisonment for not
longer than ten days, one or both ; he shall, at least once
in every six months, make a statement to the board in
writing of the financial condition of the city, which such
statement shall be published in at least one of the papers
published in the city ; he shall have the power to suspend
the marshal, or any policeman, until the next ''egular ^^^^^^P**^^
meeting of the board and report to said meeting the fact
of such suspension and the cause thereof ; and he shall
do and perform such other and further duties as the board
may require.

Sec. 2. Be it further enacted, That subdivision 25
of section 20 of said act be so amended as to add to the ^en^^^^amend-
schedule of licenses, therein contained, the following vo- e™^ *
cations, with amounts of licenses to be imposed and col-
lected thereon respectively, which such licenses may be
imposed and collected as well for the year 1885 as for
each subsequent year, to-wit : Dealers in cigars and to-
bacco, whether the principal stock in trade or not, each,
$10.00 ; photograph or art galleries, whether in house or
tent, $25.00 ; lumber dealers, each person or firm, $25.00 ;
newsdealers, each person or firm, $10.00 ; fruit stands,
each, $10.00; green grocers, each, $25.00; marble yards,
each, $20.00 ; architects or superintendents of buildings,
each, $25.00 ; railroad companies, or individuals running
what are commonly known as commissary cars or grab
cars, for each car used in selling goods within the cor-
porate limits, $100.00; confectioneries, each, $10.00;



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1884-85. 604

dealers in fire-works, pyrotechnics, each, $10.00 ; dealers
in coal, including those who buy coal and haul it into the
city for sale, $10.00; dealers in brick, each, $10.00;
dealers in wood, including those who buy wood and haul
it into the city for sale, each, $10.00 ; boot-blacks, each,
$2.50 ; dealers in pistol cartridges, $5.00.
Approved February 17, 1885.



Act amendtd.



No. 339.] AN ACT [S. 850.

To amend section 24 of an act entitled an act to incorpo-
rate the Mobile Railroad and Harbor Company, ap-
proved December 7, 1867.

SBonoN 1. Be it enacted hy the General Assembly of
Alabama^ That section 24 of an act entitled an act to in-
corporate the Mobile Railroad and Hartor Company, ap-
proved December 7, 1867, be amended so as to read as
lollows : That this company shall commence the con-
struction of the harbor and railroad within three years
from the first day of January, 1885, and finish the same
within five vears from that date, otherwise this charter
shall be forfeited.

Approved February 17, 1885.



No. 340.] AN ACT [S. 366.

To relieve John Holbrook of Hale county from the dis-
abilities of non-age.

Section 1. Be it enacted hy iJie General Assemlly of
Alabama^ That John Holbrook of Hale county, Ala-
Reiief of John bama, be and he is hereby relieved of all the disabilities of
° ^^^ ' non-age, and that he be and is hereby authorized to sue
and l^ sued, contract and be contracted with, to receive
and take possession of his estate and to give receipts and
acquittances therefor, to purchaae, mortgage and sell real
and personal property and to do and to penorm all things



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605 1884r-85.

as effectually and legally as though he was twenty-one
years of age.
Approved February 17, 1885.



No. 341.] AN ACT [S. 374.

To authorize the township superintendent of township
nineteen of rang« 5 east, in Hale county, Alabama, to
lease the sixteenth section of lands, and to apply the
rents thereof to the improvement of the land.

Section 1. Be it enacted ly the General Assembly of
Alabama^ That the township superintendent of township To lease i6th
nineteen in Hale county, Alabama, be and they are here- s^^'^**" ^'^^•
by authorized to lease the lands of the sixteenth section
in township nineteen for a term not to exceed five years
at any one time.

Sec. 2. Be it further enacted^ That the said town-
ship superintendent is hereby authorized to apply the rents
received or contracted to be received from said lease or
leases to repairs and improvements to be made on said
property.

Approved February 17, 1885.



No. 342.] AN ACT [S. 383.

For the relief of D. H. and B. T. Hart, of the county of
Marengo.

Section 1. Be it enacted hy the General Assembly of
Alabama^ That the county treasurer of the county of Relief of d.h.
Marengo, State of Alabama, be and he is hereby directed *"^^-'r-"*^
to pay out of any money in the fine and forfeiture fund
of said county, to Dudley H. and Benj. T. Hart the sum
of one hundred dollars, which said sum was paid into the
fine and forfeiture fund of said county by D. H. and B.
T. Hart on the forfeited bail bond of Martha Webb who
has since said forfeiture and payment been arrested by
the securities and put in the jail of said county.

Approved February 17, 1885.



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188^85. 606

No. 343.] AKACT [S. 346.

To amend the first section of an act entitled an act to
prohibit the sale of malt, vinous and spirituous liquors
or other intoxicating drinks, within two miles of the
Methodist and Baptist churches, at or near Verbena,
on the South and Korth Alabama Kailroad, in the
county of Chilton.

Section 1. Be it enacted ly the General A^eenxhly of
Amendment of -^^^^^^^' That section one of an act, approved Novem-
prohibitioniaw ber 9, 1880, entitled an act to prohibit tne sail of malt,
in Chilton co. vinous and spirituous liquors, or other intoxicating drinks



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