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Alabama laws and joint resolutions. 1819- online

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valid to all intents and purposes as if done at a regular
term, and no technical informality, irregularity, neglctet
or omission in the proceedings or records of said court
shall in any wise vitiate or annul said bonds or coupons,
which shall have all the protection and properties of com-
mercial paper.

Sec. 6. Be it further enacted^ That in order to meet
Tax levied to the interest upon said bonds as it falls due and the principal
meet interest, at maturity, the Said Court of County Commissioners
are hereby authorized and required to levy a special
tax from time to time upon all property, licenses and bu-
siness subject to a State tax under the revenue laws of
this State, situated or located within the limits of said
county.
Guardian and ®^^* ^' ^^' ^ f'^'^'^hev enocted^ That all guardians
trustees. and trustees are hereby authorized to invest the money of



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709 1884-85.

their wards and cestui qtce trusts in the bonds to be issued
ander and in accordance with this act.
Approved February 17, 1885.



No. 395.] AN ACT [H. B. 806.

To provide for the working of the public roads in Jef-
ferson county by contract, and to further regulate the
working of the roads in said county.

Secttion 1. Be it enctcted hy the General Assembly of
Alabama^ That the Court of County Commissioners of working pub-
Jefferson county shall levy a special tax of one-tenth of }^^j^*^J"jJy^'
one per cent, on the value of all taxable property in said
county as assessed for revenue for the State, to be applied
to the working of public roads in said county, as herein-
after provided ; Provided^ that no levy shall be made by
said court, in any one year, exceeding one-half of one per
cent, for the ordinary county pui'poses, not including ne-
cessary public buildings or bridges.

Seo. 2. Be it furtlier enacted. That the said court contracts let
shall, from time to time, let out to contract the making
and working of such portions of the public roads in said
county as they may select ; Provided^ that in letting said
roads to contract they shall begin at the corporate limits
of the city of Birmingham, in said county, and go out-
wardly therefrom, and make successive lettings continu-
ally outward from said city.

Seo. 3. Be it further enacted^ That the said court may, convicts.
in their discretion, hire the convicts sentenced to hard
labor for ^id coun^ to the contractors on said roads.

Seo. 4V. Be it fwrther enactedj That said court shall contractors to
require said contractors to give bond, with good and suffi- give bond,
cient sureties, payable to said county, and conditioned for
the faithful performance of their contracts.

Seo. 5. Be it further enacted, That the work under Direction of a
said contracts shall be done under the supervision and civil engineer,
direction of a civil engineer, or engineers, to be employed
by said court.

Sec. 6. Be it further enacted^ That all expenses and Expenses and
liabilities required by or incurred under this act, shall be ^^*^*^*****-



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1884-85. 710

paid out of the moneys collected, as provided for in sec-
tion one of said act.

Sec. 7. Be it further encbcted^ That all persons liable
Persons liable *^ ^^^^ ^"^J ^" ^^^ count}^ shall be required to work six
to road duty, days, annually, or to pay three dollars, annually, for ex-
emptions from road duty ; Provided^ that such work or
payment shall not exempt such persons from work in
opening new roads.

Sec. 8. Be it further enacted^ That all laws and
parts of laws in conflict with the provisions of this act
are hereby repealed, but this act shall not be so construed
as to repeal all general laws, or special laws, relating to
the working of public roads in said county, not in conflict
with the provisions of this act.

Approved February 17, 1885.



No. 396.] AN ACT [H. B. 803.

To authorize the payment of just compensation to
Amanda J. Boyd, widow of the late Rufus K. Boyd,
for legal .services, if any, rendered by the said Rufus
K. Boyd, in the case therein mentioned.

Section 1. Be it encicted hy the Oeixeral Assenibly of
Alabama^ That the secretary of State, the attorney gen-
Ainanda* j! ^^^^ ^"^ *^^® State treasurer, shall ascertain, by the hear-
Boyd. ing of legal testimony, the just value of the legal ser-

vices, if any, rendered for the State of Alabama by the
late Eufus K. Boyd, as associate counsel or otherwise, in
the case of the State of Alabama against Swann and Bil-
lups, trusteci?, in the Chancery Court of JeflPere^n county,
. and report the amouht so ascertained by them to* the gov-
ernor, who shall thereupon notify the auditor to draw his
warrant in favor of said Amanda J. Boyd, widow of said
Eufus K. Boyd for said amount so ascertained, upon the
treasurer, and the treasurer shall pay such warrant out of
any money in the treasury not otherwise appropriated;
Provided^ however^ said amount shall not exceed the sum
of five hundred dollars.

Approved February 17, 1886.



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711 1884-S5.

No. 397.] AN ACT [H. B. 793.

To enable the Alabama San Juan Mining Company of
Mobile, through its board of directors, to dispose oi its
property and wind up its business.

Section 1. Be it enacted hy the Oeneral Assembly of
Alaharna.^ That the Alabama San Juan Mining Com- ^ Am^o"Jy.of
pany of Mobile be and is hereby authorized to sell or ing"co*to sell
otherwise dispose of its mining property and machinery, property,
and all other assets and to wind up its business, and the
board of directors of said company shall have full power
and authority to accept any desirable oflFer for the pur-
chase or sale of any part of or all of said property as a
whole, and its president and secretary shall make bills of
sale or conveyances under the corporate seal of the com-
pany, disposing of said property as said board of directors
may determine and direct.

Sec. 2. Be it further enacted^ That the board of di- Directors to
rectors shall first pay the debts of the company, and all ^"^ P^y ^^^^'
expenses of sale out of the proceeds of the property
when sold, and shall then divide the net proceeds of the
property j>ro rata among the stockholders of the com-
pany as a final settlement of the business of the company,
and shall have the power to determine all questions that
may arise as to the rights of any of the stockholders to
share therein, and to what extent ; Provided, that said .
board of directors or stockholders holding as much as ten ' *"*^ ancry
per cent, of the stock, may by bill in the Chancery Court
at Mobile, obtain the direction of that court in making a
division and settlement with the stockholders. The di-
rectors and officers of the company shall have personal
notice of the said bill in chancery, but all other stock-
holders may be brought in by publication once a week Publication of
for four weeks in a newspaper published in the city of ^°^*^®'
Mobile, stating the object of tiie bill, which shall be
deemed equivalent to personal notice on all the stock-
holders, and said court shall have full power to make de-
crees upon all questions, and direct final distribution
among stockholders, with the right of appeal as in other
cases.

Approved, February 17, 1885.



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1884-85.



712



No. 398.]



AN ACT



[H. B. 792.



To constitute the town of Auburn, Lee county, a sepa-
rate school district. \

Section 1. Be it enacted hy ths General Aasemhly of

Alabama^ That the corporate limits of the town of Au-

Auburnasep- bum, county of Lee, shall constitute a school district sepa-

dhtrict.^*^ °° rate and apart from the remaining districts or townships

in Lee county.

Sbc. 2. ^e it further enacted^ That the mayor and
Board of cdu-^^^"®^' ^^ *^® town of Auburn shall, at a regiilar meeting
cation. of the council, on or before the 15th day of June, of each



Power of.



Property as-
sessed.



year.



elect seven resident freeholders or householders of



the town of Auburn, and the persons so elected shall con-
stitute a board of education for such school district, and
shall hold office for one year or until their snccesors are
elected and qualified, 'the said board shall elect one of
their number to be president and one to be secretary and
treasurer of said board.

Seo. 3. Be it further enacted^ That said board shall
have power to levy and have collected a tax on all real
and personal property* within the bounds of such school
district, not to exceed one-half of one per cent, for school
purposes ; and shall have the right to purchase and hold
property for the purpose of building school houses
thereon, taking deeds to themselves and their successors
in office.

Sec. 4r. Be it fu/rther enacted^ That the board of
education shall cause all property, both personal and real,
belonging to the white and colored persons in said school
district, to be assessed by the marshal of the town of Au-
burn in the same manner as State and county taxes are
now assessed by the tax assessors in this State ; and the
said marshal shall keep separate lists of the assessments
made against the property of each race, and shall furnish
to the secretary and treasurer of the board of education
by the first Monday in July, of each year, an assessment
list which shall show the race to which the property so
assessed belongs, also each item of taxation assessed,
amount and value of each item as valued by the tax payer
or ascertained by the marshal ; and the marshal l^efore
commencing to list the property of any tax payer, shall
administer to such tax payer the oath now required to be



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713 1884-86.

administered to tax payers by the tax assessors in this
State. The board of eaucation shall have power to cor-
rect any errors and to increase or reduce any assessment
when it is made to appear that the same has been assessed
at less than its valne, or that such assessment is excessive ;
and the board shall have a meeting on the first Wednes-
day in August, of each year, to hear and determine all
such matters.

Sec. 5. Be it furilier enacted^ That the secretary and List of taxes,
treasurer of the board of education shall, before the 30th
day of September of each year, make out from the as-
sessments furnished him by the marshal of the town of
Auburn, a full and complete list of all the taxes due
from the tax payers in said school district, said list to
show the amount due from the white tax payers and the
amount due from the colored tax payers within said dis-
trict ; and the said marshal shall, on the first day of Oc-
tober, of each year, begin the collection of such tax, keep-
ing separate the amount collected from each race ; and
the amount collected from the white race shall go to the
support of the white schools and the amount collected
from the colored race shall go to the support of the colored
schools established in said school district.

Sec. 6. Be it further enacted^ That the marshal of the
town of Auburn in the collection of the tax provided for Marshal's au-
in the third section of this act shall have the same***^"*^'
powers, pains and penalties as are now allowed by law the
tax collectors in this State for the collection of State and
county taxes, and the said marshal shall, at the end of
each month, pay over to the secretary and treasurer of
the board of education all amounts collected by him dur-
ing the month, taking receipts therefor in duplicate, one
of which receipts to be kept by himself ana one to be
given to the president of the board of education. The
marshal shall give bond in such sum as the board may
fix, not to be less than double the amount likely to be in
his hands at any one time — said bond to be approved by
the president oi the board ; and the marshal snail receive
euch compensation as the board may determine.

Sec. 7. Be it further enacted^ That the said board of Board to regu-
education shall have power to establish, regulate and lo- late and locate
cate the number of public schools to be taught each year
within said school district, and shall elect the teachers for



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1884r-85. 714

the same and perform all tlie duties imposed on township
superintendents in this State.

Sec. 8. Be it further enacted^ That the secretary and
Secretary and ^^®^^^^''^'' ^^ ^^^^ board shall receive from the marslial of
treasurer to re- the town of Aubum all moneys collected by him on ac-
marshaT"^ *^^c^""* ^^ school tax, giving his receipt therefor in dupli-
cate, and he shall pay all claims against said school dis-
trict upon the order of the president and with the consent
of the board, and he shall give bond in such sum as the
board may lix not to be less than double the amount
likely to be in his hands at any one time ; and for such
service he shall receive such compensation as the board
may think reasonable and proper ; said bond to be ap-
proved by the probate judge of Lee county and a certi-
fied copy sent to the State Superintendent of education.
Sec. 9. Be it further enacted^ That the town of Au-
Pro rata share burn, as a Separate school district, shall receive its pro-
°'^^°°^'^"''*^portionate share of the school fund apportioned to Lee
county, including a wo r(Ua share of the sixteenth section
fund of each township that lies partly within the corpo-
rate limits of said town of Auburn, and the County su-
perintendent of education for Lee county shall pay over
to the secretary and treasurer of tlie board of education
all funds belonging to said school district; Provided^
such secretary and treasurer shall have given bond, and
the same shall have been approved as required by section
eight of this act.

Sec. 10. Be it further enacted^ That the secretary
Quarterly re- and treasurer shall make quarterly reports to the board of
ports. education, showing the amount of money received and

paid out during the preceding quarter, the vouchers for
the same, the amount of cash in liad ; and the board shall
have power at any time to examine the books, accounts
and vouchers of the secretary and treasurer, and for good
cause may remove him at any time.

Sec. 11. Be it farther enacted^ That the president

Report to Co. Qf \\^^ board of education shall make to the State super-

"^ ' intendent of education such reports as are now required

of county superintenents, and shall perform such other

duties as are now or may hereafter be required of county

superintendents in this State.

Sec. 12. Be it further enacted^ That this act shall be-
come operative, when a majority of the lawful voters
resident within said district shall have voted in favor of



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715 1884-85.



it, and for the purpose of ascertaining the will of the
people, the mayor of the town of Auburn shall call an When act bc-
election by posting written or printed notices in three J^/J^*^ opera-
public places within said district, stating the time said
election will be held ; said notices to be posted at least
ten days before the day for said election. Those voting
in favor shall have printed or written on their ballots "for
school district," and those opposed shall have printed or ^^®*^**°^*
written on their ballots, *' against school district." The
mayor and council of the town of Auburn shall appoint
three qualified electors to manage and conduct said elec-
tion ; and the manager so appointed shall make return
of said election to the mayor and council of the town of
Auburn, who shall count the vote and declare the result.
Approved* February 17, 1885.



No. 399.] AN ACT [H. B. 784.

For the relief of J. C. Scott and C. M. Sides, of Walker

county.

Section 1. Be it enacted ly the General Assemhly of
Alabama^ That the sum of eighteen and 50-100 dollars Relief ofj. a
is hereby appropriated out of any money in the treasury |P^^ & c. M.
not otherwise appropriated, to reimburse J. C. Scott and
C. M. Sides, transferees of Jesse Chappell, of Walker
county, for money paid to the State for the west half of ^

the northwest quarter of section 16, township 15, range
8 west in said county, and for which a patent was
issued to the said Chappell on the 12th day of June, 1883,
when the State had by act approved February, 1860, ses-
sion acts 1859-60, conveyed its right and title to the
Wallis heirs and in pursuance thereof a patent to the
identical land had been issued by the State to Jesse B.
Wallis, on 12th June, 1861 ; and the auditor of the State
is hereby required to audit the claim of the said J. C.
Scott and C. M. Sides, and issue to them his warrant on
the treasury for the above sum.

Approved February 17, 1885.



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1884-85. 716

No. 400.] AN ACT [H. B. 763.

To repeal an act for the preservation of game animals
and birds in the county of Tuscaloosa, approved Feb-
ruary 23, 1883, except as to beats 16, 17, 18 and 22,
and all that portion of beat 10 which lies between the
Warrior river and the Columbus road from the town
of North Port to Big creek.

Sbotion 1. Be it enacted by the General Assembly of

Repe'iofgamc-^^^'^^j That an act for the preservation of game ani-

law in Tusca- mals and birds in the county of Tuscaloosa, approved

loosa county. February 23, 1883, be and the same is hereby repealed,

except as to beats 16, 17, 18 and 22, and all that portion

of beat 10 which lies between the Warrior river and the

Columbus road from the town of North Port to Big

creek.

Approved February 17, 1886.



No. 401.] AN ACT [H. B. 933.

To authorize the county superintendent of education of
Marion county to examine and give third grade license
to teachers without the assistance of the county board.

Section 1. Be it enacted by the General Assembly of
. Alabama^ That the county superintendent of education
^Me tote8u:h-^^ Marion county may examine and issue license of the
<rs. Marion CO. third grade to teachers of public schools without the as-
sistance of the county board, but shall not charge nor re-
ceive any fee for such license.
Approved February 17, 1885.



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717 1884-85.

No. 402.] AN ACT [H. B. 926.

To amend an act for the protection of lands and planta-
tions from depredation by stock in Bullock county.

Section 1. Be it enacted by the General Assembly of
Alabama, That an act approved February 13, 1883, and
entitled an act to amend an act entitled an act for the ^^^'^^^^n* <^''
protection of lands and plantations from depredations by BuSiock^o*
stock in Bullock county, approved February 13, 1883,
be amended by adding thereto the following provisions :
The provisions of this act should not apply to that por-
tion of Bullock county within the territory embraced
within the limits of the following sections, to- wit : sec-
tions 19, 20, 21, 28, 29, 30, 31, 32, 33 of township 11,
range 23, forming the southwest quarter of said town-
ship.

Sec. 2. Provided, that this act shall not take eflEect
before January 1st, 1886.

Approved February 17, 1885.



No. 403.] AN ACT [H. B. 925.

To repeal an act entitled an act incorporating the town
of Elba in Coflfee county, approved Mardi the 4th,
1875, and an act amending thereof, approved January
27th, 1883.

Section 1. £e it enacted by the General Assembly of
Alahamxi, That an act approved March the 4th, 1875, in-Actincorpo-
corporating the town of Elba, in CoflFee county, and the J^p^fj^^j^^^*
act amendatory thereof, approved January 27th, 1883,
be and the same are hereby repealed.

Approved February 17, 1885.



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1884-85. 71 S

No. 404.] AN ACT [H. B. 924.

To constitute the city of Tuscaloosa a separate school dis-
trict, and to provide for the management of the pnblic
schools in said school district.

Section 1. Be it enacted l/y the General Assembly of

Sosaa^sJ^rate "^^^^^^^' That the Corporate limits of the city of Tns-

schooi district^ caloosa, and that portion of Tuscaloosa county within one

Limits "^^^® ^'^® corporate limits of said city, south of tiie

Warrior river, shall constitute a school district, separate

and apart from the other school districts in the county of

Tuscaloosa, and the inhabitants of said city are hereby

incorporated by the name of " The School District of the

City of Tuscaloosa."

Sec. 2. Be it further enacted^ That the city of Tus-
Pro rata share caloosa, as such Separate school district, shall receive the
^^P^^^'*^**^^*'* proportionate share of the public school fund coming to
the county of Tuscaloosa, including a pro raia share of
the sixteenth section fund of each township that lies
partly within the scliool district of the city, and shall re-
ceive all the taxes collected as poll taxes within such
school district, said fund and taxes to be drawn and dis-
tributed- by such officer as may be appointed for that
purpose by the board uf education of the school district
of the city of Tuscaloosa, in the same manner as county
superintendents of education draw and disburse the funds
for their respective counties; and the amount thus drawn
for the school district of the city of Tuscaloosa shall l)e
used exclusively for the maintenance of public schools in
said district, and the city of Tuscaloosa is authorized to
increase its school fund by receiving donations, but for
the disbursement of all donated funds no charge whatever
shall be made, and the mayor and aldermen of the city of
Tuscaloosa are hereby authorized to increase the school
fund by levying a tax, not to exceed one-fourth of one
per cent, on the taxable property of the said city, which
shall be collected as the other taxes of said city. The
tax collector of the city of Tuscaloosa shall be authorized
and empowered to collect the State and county poll taxes
of all the inhabitants of said school district liable to pay
said tax in the same manner as is now by law provided
for the collection thereof.

Sec. 3. Be it further enacted^ That the public schools



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719 1884..85.

of the school district of the city of Tuscaloosa, shall be g^^ ^^ ^^^
nnder the charge of a board of education, to consist of cation,
the mayor of Tuscaloosa, who shall be exojjicio president
of said board, and four other persons, residents of said
district, to be elected by the mayor and aldermen of said
city at tiieir regular meeting in the month of July, 1885;
the two first elected shall hold their office for the term of
one year, and the two last elected shall hold their said
office for the term of two years, and at each regular meet-
ing in the moth of July of each year, they shall elect two
suitable persons to succeed those whose offices have ex-
pired so that two of such persons shall be elected annually,
and the president of said board shall make reports and
furnish statistics and information to the superintendent
of education of the State as may be required by law of
county superintendents of education.

Sec. 4. Be it further enacted^ That each member of
said board of education, shall upon entering on the duties ^^**^*^^-
of his office subscribe an oath to faithfully discharge all
the duties enjoined upon him by law as such officer ; such
oath may be administered by the mayor of said city.

Sec. 5. Be it further enacted^ That said board of
education shall have power, with the approval of the Powers of.
the board of mayor and aldermen, to build upon the
property of the city suitable houses for use and accom-
modation of the public schools of said school district, or
the said board may rent such houses. Said board shall
keep said houses in proper repair and shall furnish the
same with appropriate furniture and apparatus; Pro-
vided^ that no contract shall be entered into and no dis-
bursement of any moneys or funds, under the provisions
of this act siiall be made, except by the consent and un-
der the direction and control of the board of mayor and
aldermen.

Sec. 6. Be it further enacted^ That the said board of
education may open a sufficient number of schools to meet Open schools
the wants of the population of tlie city of Tuscaloosa ; and ^^^ ^^^^^ °^"
said board shall elect such officers as ai*e in their opinion
necessary to the good government of said schools, and
when required such omcers shall, before entering upon
the duties of their respective offices, take the oath of
office prescribed by law for all officers in this State, and
shall give bond in such sum as may be fixed by said board
of education, and conditioned as all other official bonds;



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1884-85. 720

such bond shall be approved bv the president of said
board of education, and filed with the other official bonds



Online Librarystatutes Alabama. LawsAlabama laws and joint resolutions. 1819- → online text (page 66 of 85)