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(H. 463. Lewis Bowen. .
To Amend An Act, “To prescribe and regulate the purchase of supplies
for the several county offices, courthouse, jail, almshouse and convict camps of Jefferson County."
Be it enacted by the Legislature of Alabama that an act entitled An Act, "To prescribe and regulate the purchase of supplies for the several County offices, courthouse, jail, almshouse and convict camp of Jefferson County," approved February 16, 1891, be and the same is hereby amended so as to read as follows.
Section 1. That from and after the passage of this act, it shall be the duty of the Board of Revenue of Jefferson County to purchase all books and stationery required by the Probate Judge, sheriff, Register in Chancery, Clerks of the Circuit, Courts and other courts that may be created, County Treasurer, Tax Collector, Tax Assessor, Tax Commissioners, the Coroner, Auditor, Superintendent of Education, and Solicitor, for their respective offices and all supplies of any kind or description for the courthouse jail, almshouse, hospital, convict camp and all other County officers.
Section II. Be it further enacted, That such supplies shall be furnished upon the written requisition setting forth the articles needed, of the officer for whose office articles are needed, and thereupon said Board of Revenue shall make inquiry and ascertain if the articles are necessary before ordering the same.
Section III. That said board shall provide for the board and lodging of all juries of any Court of record of said County while engaged in the trial of any case.
Section IV. That all school supplies and school stationery shall be paid for by the Board of Education and not otherwise, out of the school fund provided for in an Act approved February 7, 1891, entitled, “An Act to provide for the better support and maintenance of the public schools of Jefferson County, Alabama.
Section V. That all laws and parts of laws in conflict herewith are hereby repealed.
Approved August 27, 1923.
(H. 457. Dunwoody.
To require the County Board of Education of Henry County, Alabama, to
make and publish an annual statement showing all receipts and disbursements of public school funds coming into their hands; to show the sum or sums or amounts expended for school purposes in each of the school districts of said County; to provide the time when such publication is to be made; and to provide penalties for the violation of this Act.
Be it enacted by the Legislature of Alabama:
Section 1. That it shall be the duty of the County Board of Education of Henry County, Alabama, to make annual publication during the month of October of each year, in some newspaper published in said County, a statement or report showing receipts and disbursements of all moneys coming into their hands as public school funds, specifying from what source derived, and for what purpose expended, and showing the exact amount expended for school purposes, either for payment of teachers, the erection or repairs of school buildings, or otherwise in each school district of said Henry County.
Section 2. That if the said County Board of Education shall fail or refuse to make the said publications as provided for in Section 1. of this Act each member thereof shall be subject to a penalty of one hundred dollars: and each member of said County Board of Education if present, and voting against said publication when a motion is offered or an effort made by any member of said Board to carry out the provisions of this Act each member present and so voting against such publications, shall be subject to a penalty of one hundred dollars, to be collected in either case, by suit, and it is hereby made the duty of the Circuit or Deputy Solicitor to bring said suit in the name of the County as plaintiff.
Section 3. That the compensation to be paid for said publication shall not exceed the rate now fixed by law, and shall be ordered paid by the County Board of Education out of the school funds of the County.
Section 4. That if any Section, clause, provision or portion of this Act shall be held invalid or unconstitutional by any Court of competent jurisdiction, such holding shall not affect any other Section, clause, provision or portion of this Act which is not in and of itself unconstitutional.
Section 5. That all laws and parts of laws in conflict with the provisions of this Act are hereby expressly repealed.
Approved August 27, 1923.
To amend an Act entitled “An Act to create the office of Revenue Con
stable for Mobile County and to prescribe his duties," approved February 24, 1887, as amended by act approved February 11, 1893, and as amended by act approved August 2nd, 1907.
Be it enacted by the Legislature of Alabama, That an Act to create the office of Revenue Constable for Mobile County and to prescribe his duties, approved February 24th, 1887 as amended February 11th, 1893, and as further amended August 2nd, 1907, be and the same is hereby amended so as to read as follows:
Section 1. Be it enacted by the Legislature of the State of Alabama that the Board of Revenue and Road Commissioners of Mobile County shall have the power and it is their duty to elect a suitable person to be styled and known as "Revenue Constable,” whose duties shall be to enforce the collections of all licenses in and for Mobile County and to render such assistance to the Solicitor in the prosecution of all criminal cases in such manner as the Board of Revenue and Road Commissioners may order and direct; provided, the said officer shall collect no public moneys whatever.
Section 2: Be It Further Enacted, That the said officer shall hold office for the term of four years from the date of his election and until his successor shall be elected and qualified, but he may be removed for cause at any time by a majority vote of the members of the said Board. The said officer shall be paid monthly for his services, out of the treasury of Mobile County, such sum of money as the Board of Revenue and Road Commissioners may determine, not to exceed $125.00 per month.
Section 3 : Be It Further Enacted, That said election provided for above in the first section of this Act shall be held upon the expiration of the term of the present incumbent and every fourth year thereafter on the first day of January.
Section 4: Be It Further Enacted That it shall be the duty of the said officer to report to the Board of Revenue and Road Commissioners all persons who fail to take out licenses as provided by law, and for a willful or corrupt refusal or failure so to do, shall be guilty of a misdemeanor, and on conviction shall be fined not less than $100.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the County for not more than twelve months, and shall also forfeit his office.
Approved August 27, 1923.
(H. 348. LeMaistre.
To vacate and annul a portion of Railroad Street in the Town of Red
Section 1. That a portion of the East side of Railroad Street in the Town of Red Level, Alabama, described as follows: Beginning at a point on the West side of the Louisville and Nashville Railroad Company's right of way where said right of way intersects the North " ..t of Deens Street, said point being nineteen hundred and eighty-nine (1989) feet South of Mile Post five hundred and sixty-eight (568) measured along the center line of main track, thence running in a Northwesterly direction with and along the Western boundary line of the said right of way three hundred and seven (307) feet, thence in a Southwesterly direction at right angles with the said Western boundary line of said right of way seventeen (17) feet, thence in a Southeasterly direction parallel with said Western boundary line of said right of way three hundred and seven feet (307), thence seventeen (17) feet in a Northeasterly direction back to the starting point, the said property so described being a strip of Railroad Street seventeen (17) feet wide and three hundred and seven (307) feet long lying adjacent to and North of the intersection of Deens Street and Railroad Street and West of and adjacent to the said Louisville and Nashville Railroad Company's right of way in, through and across the town of Red Level, be and the same is hereby annulled, vacated and abolished as a public highway and said portion of said street shall forever cease to be a public highway and the dedication thereof as such is hereby extinguished and annulled.
Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Approved August 29, 1923.
(H. 622. Patterson.
To create a board of education for the enlarged territory of the City of
Be it enacted by the Legislature of the State of Alabama:
First: That all property, real, personal or mixed, of every kind whatsoever heretofore held, owned or enjoyed by the board of education of the City of Decatur, and the board of education of the City of Albany, Alabama, be and the same is hereby transferred to, and the title thereto vested in a board of education hereby created for the enlarged territory of the City of Decatur, Alabama, to be held by it in trust for the use of the public schools of the City of Decatur, Alabama, that is to say: Said board hereby created shall consist of five members, viz: H. B. Beard, John Patterson, A. A. Hardage, D. D. McGehee and F. S. Hunt.
Second: The board of education of the City of Decatur, Alabama, as it now exists and the board of education of the City of Albany, Alabama, shall stand dissolved upon the passage and approval of this Act, and each of said boards and the officers thereof shall deliver all of its property, muniments of title to real estate and records of any kind whatsoever, to the board of education as herein created.
Third: Annually, at the regular meetings of the City Council or board of commissioners, or other governing body of the City, in April, the said council or commission, or other governing body shall elect a member or members of the board of education to succeed those whose term or terms of office expire that year. It is contemplated that the terms of office of each member of the board of education shall be five years and that a term of one member shall expire annually and to that end, D. D. McGehee's term shall expire the first Tuesday in April, 1929, John Patterson's term shall expire the first Tuesday in April, 1928, F. S. Hunt's term shall expire the first Tuesday in April, 1927, H. B. Beard's term shall expire the first Tuesday in April, 1926, and A. A. Hardage's term shall expire the first Tuesday in April, 1925. At the first regular meeting of the board of commissioners, or other governing body of the City, in April 1925, a member of the board of education shall be elected to succeed the member whose term expires that year, and annually thereafter at said first regular meeting the board of commissioners or other governing body of the City shall elect a member to succeed the member whose term expires that year. In the event of a vacancy in the membership of the City board of education the said board of commissioners, or city council, or other governing body of the City shall elect a person to fill such term. The said board of education shall elect one of its members as president of the board and one member as vice-president of the board, who shall serve such board until the first meeting in May 1924, and at such meeting and annually thereafter, shall elect a president and vice-president to serve such board for the year.
Fourth: The said City board of education shall have and exercise all the powers and authority and perform the same duties and suffer the same pains and penalties as City boards of education under an Act of the Legislature of the State of Alabama, to provide a complete educational system for the State of Alabama, approved September 26, 1919, and shall in all things be governed by that Act and the General Laws of this State.
Fifth: This Act is conditioned upon the passage, approval and constitutionality of an Act to alter, extend or rearrange the