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State a permanent residence, may be brought in the county of such residence, or in the county in which the act or omission complained of may have been done or may have occurred. All actions for the recovery of land, or of the possession thereof or for a trespass thereto, must be brought in the county where the land lies; a summons issued contrary to this Section must be abated on the plea of the defendant. Any agreement or stipulation, verbal or written, whereby the venue herein prescribed is proposed to be altered or changed so that suits may be brought contrary to the provisions of this Section, is void.

Approved Feb. 10, 1923.

No. 75.)

AN ACT

(S. 83. Foster.

To amend An Act approved September 30th, 1920, entitled "An Act To amend subdivision 2 of section 4 of An Act approved September 29th, 1919, entitled 'An Act To create the Department of Examiners of Accounts, to prescribe its powers, duties and functions, provide for the appointment of a chief examiner and assistant examiners, to regulate the duties and compensation of such officials, and to provide clerical help for said Department.'"

Be it enacted by the Legislature of Alabama:

That An Act approved September 30th, 1920, entitled "An Act To amend subdivision 2 of section 4 of an Act approved September 29th, 1919, entitled 'An Act to create the Department of Examiners of Accounts, to prescribe its powers, duties and functions, provide for the appointment of a chief examiner and assistant examiners, to regulate the duties and compensation of such officials, and to provide clerical help for said Department;" be amended so as to read as follows:

2. A Chief Examiner and not exceeding seventeen assistant examiners may be appointed by the Governor as may from time to time be necessary, to serve at his pleasure, and such appointments are revocable at his discretion.

Approved Feb. 10, 1923.

No. 76.)

(H. J. R. 57. Long.

HOUSE JOINT RESOLUTION

RESOLVED by the House the Senate concurring That when the 2 Houses adjourn for the recess that they reconvene on Tuesday July 10th 1923 at 12 o'clock noon.

Approved Feb. 13, 1923.

No. 77.)

(H. J. R. 9. Ashcraft of Lauderdale.

HOUSE JOINT RESOLUTION

WHEREAS, Doubt has been expressed as to the constitutionality of the statutes exempting from taxation the property of certain corporations owning large interests in the State of Alabama;

NOW THEREFORE BE IT RESOLVED By the House of Representatives the Senate concurring that the Attorney General of the State of Alabama be, and he hereby is, requested to investigate the constitutionality and validity of said acts, and report his opinion to the Senate and House.

Approved Feb. 13, 1923.

No. 78.)

AN ACT

(H. 233. Tunstall.

To fix the per diem or compensation of members of all recess committees appointed by Joint Resolution of the Two Houses of the Legislature.

Be it enacted by the Legislature of Alabama:

Section 1. That the compensation of all members of recess committees or commissions provided for by joint resolution of the two Houses of the Legislature be, and the same is hereby fixed at ten dollars per day and the same mileage as members of the Legislature receive in traveling to and from their place of residence. Said committees or commissions shall receive compensation for the entire time engaged except in cases of adjournment exceeding two days. Provided, that the members of no recess committees, except the Code Committee and the Committee which is required to sit with the Budget Commission and required to devise a well defined financial plan and policy for the State and its several departments, shall be authorized to draw or receive compensation for more than twenty days; and provided further however that the recess committee on education may draw and receive compensation for not more than thirty days and shall be reimbursed for actual rail-road fares expended by the members of such committee on Education on any visits to the educational institutions and schools of the State.

Approved Feb. 13, 1923.

No. 79.)

AN ACT

(H. 179. Bowen.

To create in all Cities of the State of Alabama which have a population of as much as one hundred thousand people according to the last Federal census, or which shall have such population according to any such census that may be hereafter taken special funds to be known as Policemen's Pension and Relief Funds, same created in connection with the regularly organized and paid police departments of such Cities; to provide for the setting apart of such funds, to create a pension and relief system applicable to members of the police departments of such Cities; to provide for the creation of such funds and for appropriations to make up deficit therein and how such funds shall be raised or acquired; to provide for the placement and handling of such funds; to provide who shall come under the provisions of this Act; to provide who shall hear and decide applications for pension and relief, and for the drawing of warrants against said funds; and to provide against such funds being subject to garnishment or levy and sale under execution or otherwise; to provide payments for disabled members of the police department in such Cities during their disability, and for the retirement of such members on pension, either by reason of term of service or disability; to provide for the pensioning of members of such police department after twenty years of service therein, the last five of which are consecutive years service; to provide for allowances or benefits to widows and children and dependent widowed mothers of such members of such police department in the event of death of such member; to provide for the appropriation for funeral expenses upon the death of such member; to provide for the examination by proper authorities of such members in case of sickness or disability; to provide for applications to be made by widows and children or widowed mothers for benefits; to provide that members receiving benefits shall be bona fide residents of the County in which the City is located which creates the fund from which such members, respectively, receives benefit; to provide for gifts, donations, legacies or otherwise to be made to such funds and for the appointment of trustees for all purposes in connection therewith; and providing that any section or provision of the Act being held unconstitutional shall not affect the validity of any other Section or provision; to provide when the Act shall take effect; to provide that all Laws and parts of Laws in conflict with the provisions of the Act be repealed.

Be it enacted by the Legislature of Alabama as follows: Section 1. That in all Cities of the State of Alabama which have a population of as much as one hundred thousand people, according to the last Federal census, or which shall have such population according to any such census that may be taken hereafter, there is hereby provided for or created in connection with the regularly organized and paid police departments of such Cities special funds to be known as the policemen's pension and relief funds, which shall exist and be maintained for the benefit of the persons hereinafter named and shall be derived and raised in the manner hereinafter provided.

Section 2. Said fund shall be set apart by the Comptrollers or other persons performing the duties of treasurers, of said Cities,

into a separate fund which shall be held and maintained by the City as is hereinafter provided.

Section 3. This Act shall and does create a pension and relief system which applies to the members of the police departments of such Cities, all as is herein set forth; and said policemen's pension and relief fund as provided for and created herein shall be received, obtained and created in each respective such City,first, by setting apart and paying into such funds out of the Treasury of the respective Cities affected hereby, same to be held by the governing body of every such City as the other City funds are held and controlled, except as herein otherwise provided, an amount equal to 5% each month of the aggregate amount of all fines and monies paid as the result of criminal prosecutions for the violations of Ordinances or Laws of said Cities, respectively, meaning thereby that 5% of the gross amount so received shall monthly be set apart into said funds, same to commence to operate with the first day of the month next after this Act has become a Law. Second, by the payment into such funds by the proper authority of such Cities, respectively, as may be affected by this Act, monthly, an amount equal to one per centum of the monthly salary of every member of the police department in such City, which one per centum shall be withheld and deducted by the proper authority from the monthly salaries of said members of such department. And shall such fund at any time be insufficient to pay and defray the expenses as provided in this Act, such Cities as are thereby affected, respectively, shall appropriate from any funds not otherwise appropriated a sufficient amount to make up such deficit and shall in its budget subsequent thereto provide for a sufficient amount to make up any anticipated deficit in said funds.

Section 4. In every such City an amount equal to five per centum of the gross receipts from all fines and monies paid into the City Treasury as a result of convictions or prosecutions for violations of the criminal laws or ordinances shall be paid into such separate fund. And each and every such payment of fines and monies is hereby charged with this amount and appropriation of 5%-same to commence as herein before provided. In addition, there shall by the Comptroller or other person performing the duty of treasurer in such city be deducted one percentum from the monthly salary of each member of such police department, which shall also be paid into such separate fund.

Section 5. That as to such fund so created, after same has come into being and is established, the respective governing body of said Cities shall direct its placement with Banks so that same may draw interest upon any part not used. Said governing bodies, respectively, are authorized to lend such part of same as is not necessarily in use on good liquid security or to purchase secu

rities which are liquid and easily convertible into cash without delay; and all securities and funds and monies so created shall be maintained and kept separate and apart in such special fund aside from other monies and securities of such Cities, so that same shall be at all times subject to instant use.

Section 6. Every member of such police department including officers, detectives, patrolmen and wardens shall come under the provisions and benefits of this Act.

Section 7. That in all such Cities where there is created and existing a Civil Service Board, and in all others where said Board is not existing the governing body of such City or Cities, shall hear and decide all applications for pensions or relief under this Act, and the decisions on such applications shall be final and conclusive, and not subject to review or reversal, except by such authority itself. This Board or governing body shall cause to be kept a complete and separate record of all its meetings and proceedings under the provisions of this Act.

Section 8. That all warrants drawn against said funds shall be signed as are other warrants signed and executed by authorized authorities of such Cities; however, such warrants shall be different in color or otherwise so as to distinguish them from other City warrants and shall be kept separate and apart from other warrants drawn by such Cities. No portion of said policemen's pension and relief funds shall, before or after it's order for distribution, be seized or held or in any wise subject to garnishment or levy of execution or attachment issued out of or by any Court of this State or any other State, so far as same may be sought to respond to the payment or satisfaction of any debt, damage, demand, claim, judgment or decree, against any beneficiary of such funds; but shall be exempt therefrom.

Section 9. That if any member of such police department, while in the performance of his duty, become and be found to be temporarily totally disabled, mentally or physically, for service in such police department, by reason of service therein, the authority referred to in Section 7 hereof shall order the payment, and there shall be paid, from the proper respective fund herein provided for to such disabled member One Hundred Dollars monthly, during such total disability; and such disability shall be arrived at by such authority after report from the City Physician and such other physicians and surgeons as such authority may examine, and after the consideration of any other evidence such authority may desire to consider; this, provided such member during the same period is paid no salary as a member of the police department.

Section 10. That if any member of such police department, while in the performance of his duty, becomes or be found to be physically or mentally permanently disabled for service in such

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