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constituted a body corporate by the name and style of
the Trustees of the Greensborough Female College, and
by that name shall have full power and authority to
have and to use a common seal and the same to break,
alter and renew at pleasure, to sue and be sued, plead
and be impleaded, in all kinds of actions, either at law or
equity, to receive donations and to make sales or pur-
chases of real and personal property, or ehoses in action
not to exceed in value one hundred thousand dollars,
which they deem for the benefit of said corporation, and



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1884-85.



618



May issue
mortgage
bondL



to sell, alien, convey, mortgage and dispose of any prop-
erty belonging to said corporation, or borrow money, and
to secure all indebtedness and to raise funds for the pur-
poses of the corporation ; to issue mortgage bonds
oringing interest at a rate not greater than eight per
cent.; said bonds to mature at a time not exceeding
twenty years from the date of their issue ; said bonds to
be signed by the president of said board of trustees and
countersigned by the secretary of said board, sealed with
the seal of said corporation ; said bonds to constitute a
lien on all its property described therein, and said power
to so mortgage shall apply to any property now owned
or that may hereafter be acquired by said corporation ;
to grant diplomas or such other evidences of scnolarship
as tney may deem proper ; and to further pass all sucn
by-laws, rules and regulations as said incorporation may
deem essential for the good government of said institu-
tion ; Provided^ that said by-laws, rules and regulations
are not repugnant to the constitution and laws of this
State, or of tlie United States.

Sec. 3. Be it further enacted^ That said trustees and
Rules and reg- their succcssors in office shall have power to establish
and continue in said town of Qreensborough, in Hale
county, Alabama, a female college, under such rules and
regulations as may be deemed necessary by them, and
change within the corporate limits of said town the loca-
tion of the buildings, and they shall have the power to
receive aid from any source and to adopt any rules or
regulations that may be necessary to receive such aid.

Sec. 4. Be it further enacted^ That said trustees and
their successors shall have the power to appoint a presi-
dent, and secretary, and treasurer, who shall be chosen
from among themselves and to elect such other officers
as they may deem necessary, and five members shall con-
stitute a quorum.

Sec. 5. Be it further enaoted^ That an annual elec-
tion of nine trustees shall be held at such time, and in
such manner as may be determined by said by-laws, who
shall hold office for one year or until their successors are
elected and qualified ; at such elections any and all per-
sons who have contributed to said institution shall have
the right to vole in such election, in proportion to the
amount of their contribution, such proportion to be de-
termined by said by-laws ; and all vacancies arising in



ulations.



Officers.



Annual elec
tion.



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619 1884-86,

said board shall be filled bj the remaining trustees or a
majority of them.

DEC. 6. Be it further enacted^ That the lands, bnild- Exempt from
ings, or other property of said corporation, shall, while taxation.
used for the purposes of edacation, be exempt from all
taxation whatever. »

Approved February 17, 1885. '



No. 355.] AN ACT [S. 418.

To repeal an act approved February 27th, 1881, prohib-
iting the sale, giving away or otherwise disposing of
spirituous, vinous or malt liquors, or intoxicating bit-
ters, at or within certain localities in this State in said
act named, so far as tlie said act applies to territory
within six miles of the academy at Perote, BuIIock
county, that lies in Barbour county.

Section 1. Be it enacted hy the Oeneral Assemlly of
Alabama^ That the act approved February 28th, 1881, Prohibitory
entitled an act to prohibit the sale of, giving away, or {^Y** ^^^'
or otherwise disposing of spirituous, vinous or malt ^^ ^^'
liquors, or intoxicating bitters, at or within certain local-
ities of this State therein designated, be, and the same is
hereby repealed, so far as the same applies to Barbour
county ; Provided^ this act shall apply to only that part
of the territory or locality designated in said act as being
within six miles of the academy at Perote, Bullock coun-
ty ; and provided further^ this act shall apply only to
tnat part of said territory or locality that lies in or is
included in Barbour county.

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 17, 1885.



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1884-85. 620

No. 356.] AN ACT [S. 315.

To authorize and empower the mayor and aldermen of
Birmingham to improve the sidewalks of the city of
Birmingham, Alabama, at the cost of parties wnose
property abuts such sidewalks.

Section 1. Be it enated. hy the Qerverale AsserrMy of
Improvement Alabama^ That the mayor and aldermen of Birmingham
E«nSngham ™ ^hall have full power and authority to cause and procure
all sidewalks along the streets, avenues and alleys now es-
tablished or hereafter to be established in said city to be
graded, leveled, curbed, graveled, slagged, cindered,
paved or macadamized, or to be re-graded, re-leveled, re-
curbed, re-graveled, re-slagged, i:e-cindered, re-paved or
re-macadamized in such manner and by such methods
and with .such material as they may deem best and
proper.

Sec. 2. Be it fv/rther enacted^ That the said mayor
Powers vested ^^^ aldermen of Birmingham shall have the power to
in mayor and have sucli work douc or cause the same to be aone, and
aldermen. ^j^^ expense thereof shall, after the completion thereof
be by said mayor and aldermen of Birmingham assessed
upon the abutting owners of lands or lots lying along and
adjacent to the streets or alleys along which such work is
done, in proportion to the amount of the benefit accruing
to such abutting owner, and all such assessments shall be
and constitute a lien upon the lands and lots respec-
tively upon which they shall be so assessed.

Sec. 3. Be it further enacted^ That after such work
Payment as- shall have been completed in front of or abutting any
sessed against land or lot owucr, the said mayor and board of aldermen
own rso prop- ^j^^jj j^^^^ ^j^^ ^. ^i^^k to give ten days notice in writing,
to be served by the city marshal or any policeman on the
owner or owners of any laud or lot so to be assessed, of
the time and place at which they shall meet to consider
and determine the amount to be so assessed against him
or them ; and any person so notified shall have the
right to appear in person or by attorney at such time and
place and make defense against such assessment or the
amount thereof, and after such investigation the said
mayor and board of aldermen shall have the right to de-
termine the amount of such assessment and enter the
same upon the records of the city ; and if the amount



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621 1884-86.

thereof is Dot paid within sixty days thereafter, together
with the costs and expenses thereof, then the same may
be collected as other taxes by the city collector, and who
shall have authority to sell and convey any such lands or
lots to satisfy said assessment under the ordinances, by-
laws and regulations of the^Vnayor and aldermen of Bir-
mingham now in force or hereafter to be enacted ; Pro-
vided^ hmoever^ that any owner of such land or lots who Exceptions,
shall have surrendered possession to the purchaser within
ten days after demand in writing from such purchaser for
possession, shall have one year after the sale thereof to
redeem the same by paying the amount of the said as-
sessment, with eight per cent, interest from the day of ^
sale, together with all costs and expenses of such sale ;
and Provided further^ that if such owner be a minor, the
right of redemption as aforesaid shall extend to one year
after reaching majority ; and to married women laboring
under the disabilities of coverture the same rule shall ex-
tend, allowing them one year within which to redeem
after the removal of such disabilities.

Sec. 4. Be it further enacted^ That if the owner or if ^he owner i*
owners of such lands or lots be a non-resident of the a non-resident,
county in which the same is situated, or a minor under
twenty-one years of age, the notice contemplated in sec-
tion 3 of this act, may be served by leaving a copy of the
same with the agent of said non-resident in said city, and
if there be none, then by advertisement, once a week for
three consecutive weeks in some newspaper in said city ;
and in case of minors resident, by leaving the same with
such minor's parents if living, or with such minor's regu-
lar guardian, and if such do not exist then with the head
of tne family with whom such minor resides.

Sec. 5. Be it further enacted^ That any person dis-
satified with the assessment made against him or her by Appeal,
the mayor and board of aldermen as provided in section
3 of this act may, within ten days after such assessment
is made, file a petition in the City Court of Birmingham
or in the Circuit Court of said county, setting forth the
facts and causes of complaint sworn to, upon which it
shall be the duty of the judge of said City or Circuit
Court to issue writs of superseaeds and certiorari^ directed
to the mayor and clerk of said city of Birmingham, di-
recting them to stay all further proceedings and send
forthwith a certified copy of the entire preceedings and



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1884r-85. ' 622

records to said City or Circuit Court, wheu the same
shall be regularly submitted and tried as in other civil
cases.

Sec. 6. Be it J^urth&r enacted^ That in case any per-
son so arrested fails successfully to prosecute bis suit in
the said City or Circuit Couft, then judgment shall be
rendered against him for the costs and expenses of such
suit and the amount of the assessment with interest at
eight per cent, per annum from the date of the original
assessment in favor of the said mayor and aldermen of
Birmingham, and from which execution shall issue against
the person so assessed and which said judgment shall be a
lien also upon the land or lots so assessed ; Provided^
that any sale or transfer of said property from the time
said contest was begun as herein provided to the time
said judgment was rendered, shall not affect said lieu.

Approved February 16, 1885.



No. 357.] AN ACT [H. B. 498.

To amend sections 1 and 2 of an act entitled an act to
amend section one of an act to define the corporate
limits of the city of Wetumpka, approved February
28, 1683.

Section 1. Be it enacted by the General Assembly of
Alabama^ That section one of an act entitled an act to
To define cor- amend scctiou one of an act to define the corporate limits
^^umpka.^*^ of the city of Wetumpka, approved February 23, 1883,
be and the same is hereby amended so as to read as fol-
lows : Hereafter the corporate limits of the city of We-
tumpka shall be as follows: Commencing where the
Boundaries ^outh side of South Boundary street strikes the Coosa
river at low water mark, and running west along the south
side of said street to west Main street, thence north along
the west side of West Main street to Milly Francis street,
thence west along the south side of Milly Francis street
to Autauga street on its west side, thence north along
west side of Autauga street to west Bridge street, thence
along the south side of west Bridge street to Pine street,
thence north along the west side of Pine street to Osce-
ola street, thence east along the north side of Osceola



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623 1884-86.



street to west Main street, thence north along west side
of west Main street to Micanopy street, thence east along
the north side of Micanopy street to Alabama street,
thence south along the east side of Alabama street to Os-
ceola street, thence east along^the north side of Osceola
street to Marshall street, thence south along the east side
of Marshall street to Tallassee street, thence east along
the north side of Tallassee street to the Coosa river,
thence along the western bank of said river at low water
mark to a point opposite the north side of Third street in
north Weturapka, thence east across said river and along
the north side of said Third street to north Main street,
thence along the east side of north Main street to north
Boundary street, thence east along the north side of north
Boundary street to the point where it intersects with
Granite street, thence south along the eastern side of
Granite street to Taylor street, thence along the sonthern
side of Taylor street to Kock street, thence south along
the east side of Rock street to Logan, thence weet along
the south side of Logan street to High street, thence
south along the eastern side of High street to the south
side of east Bridge street, thence west to Spring street,
thence south alon^ the east side of Spring street to south
Boundary street, tnence west along the south side of south
Boundary street and across Coosa river to place of be-
ginning. •

Sec. 2. Be it further enacted^ That section two of
said act, approved February 23, 1883, be amended so asTohavejuris-
to read as follows : That said city of Wetumpka by and cemetery,
through its proper authorities shall have jurisdiction over
the public cemetery situated north of west Wetumpka,
also over that part of original lot one hundred and sev-
enty-five now belonging to said city, lying contiguous to
said cemetery, and over west Bridge and Alabama streets
throughout their whole extent from the southern portion
of said city to said cemetery, and over all the territory of
Elmore county lying within one-fourth of a mile of the
corporate limits of said city, except west of the western
boundary of said city.

Sec. 3. Be itfuHher enacted^ That all laws and parts
of laws in conflict with the provisions of this act be and
the same are hereby repealed.

Approved February 17, 1885.



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188t-86, 624

No. 358.] AN ACT [H. B. 478.

To exempt the active members of the fire departments in
Barbour county, Troy, Union Springs, Sehna, Birming-
ham, Opelika, Talladega, Gadsden, Huntsville, Green-
ville, Oxford, Anniston, Jacksonville, Broken Arrow
and Demopolis from poll tax and fro^n jury service.

Section 1. Beit enacted ly the Genial Assembly of
Exemption 9f Alabama^ That the members of volunteer fire and hook
firemen in cer-^nd ladder Companies in active service in Barbour county,
tain counties, 'p^.^y^ Uniou Springs, Selma, Birmingham, Opelika, Tal-
ladega, Gadsden, Huntsville, Greenville, Oxford, Annis-
ton, Jacksonville, Broken Arrow and Demopolis, shall be
exempt from the payment of poll tax, and shall not be re-
quired against their will to do jury service.
Approved February 17, 1885.



No. 369.] AN ACT [H. B. 433.

To lay off and establish a separate school district of parts
of township 12, range 7, and township 12, range 8 in
Etowah and Calhoun counties.

Section 1. Be it en-acted by the General Assembly
Se 'rate school "^^^^^^^' That the following parts of township 12, range
districts. 7, aud of towuship 12, range 8 in Etowah and Calhoun
counties, be and the same is hereby established and made
a separate school district, to- wit: Beginning where the
Jacksonville road crosses Big Cane creek, thence along
said road to Collin's gap on Calvin's mountain, thence
along said mountain to Connor's gap, thence along the
big road to Dry Creek mountain, thence west along said
mountain to the beginning.

Sec. 2. Be it further enacted, That Newton Ford,
Trustees. Wyley Weaver and Edward Vaughn are hereby appointed
trustees of said separate school district until the next reg-
ular election in August, 1886, at which time and there-
after at the regular election of county officers, trustees
for said district shall be elected.

Sec. 3. Be it further enacted, That said trustees be-
fore entering upon the duties of their office shall take the



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625 1884-85.

oath of ofBce prescribed by law for all offices in this
State, and shall give bond in sach sam as may be fixed Oath and bond
by the probate judge of Etowah county, but not to be
less than double the amount of school funds which may
be in their hands at any one time, and conditioned as all
other official bonds. Such bond shall be approved by
the probate judge of Etowah county and filed in his
office, and a certified copy thereof sent to the State super-
intendent of education, to be approved by him also and
filed in his office ; and they shall receive from the county
superintendents of education of Etowah and Calhoun
counties all school funds due to said district, and they
shall be the custodians of all moneys whatever belonging
thereto, disbursing and accounting for the same in like
manner as is required of county superintendents.

Sec. 4. Be it further enacted, That said trnstefes shall Requirements
require of teachers the same qualifications and examina- o^ teachers,
tions as in other school districts.

Sec. 5. Be it further enacted, That all laws in con-
flict with this act be and the same are hereby repealed.

Approved February 17, 1885.



No. 360.] AN ACT [H. B. 406.

To amend § 5035 of the Code, as to the county of
Pickens.

Section I. Be it enacted by the General Assembly of
Alabama, That section 5035 of the Code be amended so
as to read as follows :

§ 5035. Fees in County Courts, — In prosecutions be- Ami^ndmcntof
fore the County Court the following fees shall be allowed section 5035 of
for the services special and none others, that is to say : ^^^'^'
For taking affidavit of complaint and issuing warrant of
arrest, $1.00; for taking and approving bail-bonds, 50c. ;
for eacli order of continuance, 50c. ; for trial, entering
judgment, and when appeal is taken approving bond and
certifying proceedings, $5.00; for judgment on forfeited
undertaking of bail, $3.00; for judgment against each
defaulting witness, $2.00 ; for serving warrant of arrest
when bail is given, $1.00; for serving warrant of arrest
40



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1884-85. 626

when bail is not given and carrying defendants to court
or to jail, $2.00 ; for serving each subpoena or notice, 50c.
a. The fees above specified shall be taxed against the de-
Fees, fendant on conviction, or against the prosecutor under
the provisions of section 4721 (4051), and if not paid
presently may be collected by execution ; but no fee shall
be taxed for any service not rendered. J. The fees taxed
for services performed by the County Court, or by the
judge of said court, belong to the county, and when so
collected shall be paid into the county treasury, to be
used, as far as it will extend, to pay the judge, as herein-
after provided ; and the fees taxed for all other services
shall be paid to the officers by whom the services are per-
formed, c. The judge of the County Court shall re-
ceive no other compensation than the following fees,
which shall be paid out of the county treasury out of the
funds as above provided, that is to say, if the warrant of
arrest is issued ov him, then for all the proceedings had
before him in eacn case, including bond and certified copy
of proceeding on appeal, $4.00. If the warrant of arrest
is not issued by him, then, for all services in each case,
$3.00. For each judgment against a defaulting witness,
or on forfeited undertaking of bail, $2.00.

Sec. 2. Be it further enacted^ That the provisions of
this act shall apply only to the county of Pickens.

Approved February 17, 1885.



No. 361.] AN ACT [H. B. 373.

To repeal an act to authorize the commissioners court of
Macon county to establish and define districts in said
county in which stock shall be prevented from running
at large, and to provide for the enforcement of the or-
ders of said court establishing and defining said dis-
tricts.

Be it enacted hy the Oeneral Assembly of Alabama^

stock law in That an act entitled an act to authorize the commission-

Macon co. ^^^^ cQurt to establish and define districts in said county

in which stock shall be prevented from running at lar^,

and to provide for the enforcement of the orders of said



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627 1884-85.

court establishing and define said districts, approved Feb-
ruary 23, 1883, be and the same is hereby repealed.
Approved February 17, 1885.



No. 362.] AN ACT [H. B. 334.

To preserve order at the Coldwater camp ground in Clay
county, and at Unity Grove camp ground in Pickens
county, Alabama.

Section 1. Be it enacted by the Oeneral Assembly of
Alabama^ That from and after the passage of this act it ^^ preserve
shall be unlawful for any person or persons to sell, ^ve water & Unity
away or otherwise dispose of any malt, vinous or spirit- Grove Camp
uous liquors of any kind whatever, within two miles of G'^°""^-
Coldwater camp ground in Clay county, Alabama, and of
Unity Grove camp ground in Pickens county, Alabama.

Sec. 2. Be it further enacted^ That the board of
trustees, and the bona fide tent holders of said camp Pow«r ©^ tnis-
gronnds have the right to pass rules and regulations as ^^^'
they deem proper to preserve order, and to regulate or
prohibit the sate of confections, lemonade, or to regulate
or prohibit the vending of any articles whatever, also to
prohibit horse swapping on the Sabbath day within two
miles of said camp grounds during the annual sessions at
said camp grounds.

Sec. 3. Be it fwrther enacted^ That the bona fide tent Right to ap-
holders of said camp grounds have the rieht to appoint a point police-
marshal or policeman whose duty it shall be to enforce "****'
the laws of said camp grounds.

Sec, 4. Be it further enacted^ That the bona fide tent
holders of said camp grounds have the right to appoint a
suitable person as intendant of said camp grounds, whose
duty it snail be to try all offenders for the violation of
the by-laws of the said camp grounds.

Sec. 5. Be it further enacted^ That any person vio- penalty for
latin^ any law or by-law of said camp grounds shall upon violation.
conviction be fined not less than one or more than ten
dollars or be imprisoned at the discretion of the intendant,
not exceeding forty-eight hours.

Sec. 6. Be it further enacted^ That any person vio-
lating section one of this act is guilty of a misdemeanor



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1884^^5. 628

and shall upon conviction be fined not less than fifty nor
more than five hundred dollars, at the discretion oi the
court or lury trying the same; Provided^ nothing herein
contained shall be construed to prevent the use of wine
for sacramental purposes at either of aforesaid camp
grounds.

Approved February 17, 1886.



No. 363.] AN ACT [H. B. 865.



To repeal an act entitled an act to provide for the elec-
tion of the county superintendent of education, and
township trustees of public shools, by a vote of the

Seople in the counties of Lamar, Cherokee, Madison,
ackson, Colbert, Franklin, Blount, Lawrence, Marion,
Cullman, DeKalb, "Walker, Crenshaw, Fayette, Win-
ston, Tallapoosa, Etowah and Dale, and for the election
of superintendent of education in Dale county, so far
as the same relates to the counties of Blount and Madi-
son, approved February 23, 1883.

Section 1. Be it enacted hy the General Assembly of
Alabama, That an act to provide for the election of the

so^ftw^as relates ^^"ty '^"P®"'^^"^®^* ^^ ^d"<^*^^" *"^ tOWUShip trUS-

10 Madison & tees of public schools by a vote of the people in the coun-
B^unt coun-tj^ of Lamar, Cherokee, Madison, Jackson, Colbert,
Franklin, Blount, Lawrence, Marion, Cullman, DeKalb,
Walker, Crenshaw, Fayette, Winston, Tallapoosa, Etowah,
and Dale, and for the election of superintendent of edu-
cation in the county of Dale, be and the same is hereby
repealed so far as it relates to Madison and Blount coun-
ties.

Sec. 2. Be it further enacted. That the county super-
Sup't of Mad- intendent of Madison county shall be appointed by the
be a ^ oTntcd^° "^^^^ Superintendent of education, as is now provided by
e appom e . ^^^j.j^| [^^ f^j. ^.j^^ appointment of county superinten-
dents.
Approved February 17, 1885.



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629 1884-85.

No. 364.] AN ACT [H. B. 349.

To provide for the election of a superintendent of educa-
tion for the county of Pike, and to define his duties.



Online Librarystatutes Alabama. LawsAlabama laws and joint resolutions. 1819- → online text (page 58 of 85)