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with “A” or 68th Street, and Second, or 70th Street; all as shown by the maps of the survey of the Walker Land Company of its lands near East Woodlawn, and by the East Lake Land Company's map of its survey of East Lake; and to provide that after such vacation the lands embraced therein shall vest in the abutting property owners.

Be it enacted by the Legislature of Alabama:

First: That the dedication of the following portions of streets, avenues and alleys in the City of Birmingham, Jefferson County, Alabama, be and the same hereby is vacated and held for naught: That portion of Walker Avenue which lies between "A" Street, now known as 68th Street, and Second Street, now known as 70th Street; that part of First Street, now known as 69th Street, which lies between Underwood Avenue and Walker Avenue; the alley which lies between Underwood Avenue and Walker Avenue from its intersection with "A", or 68th Street, and Second, or 70th Street; all as shown by the maps of the survey of the Walker Land Company of its lands near East Woodlawn; and by the East Lake Land Company's map of its survey of East Lake.

Second: Be it further enacted, that from and after the passage of this Act the portions of the streets, avenues and alleys above described shall cease to be highways, and the lands embraced in the same shall vest in the abutting property owners.

Third: Be it further enacted that all laws in conflict herewith be and the same hereby are repealed.

Fourth: Be it further enacted that this Act shall go into effect soon after its passage.

Approved Feb. 7, 1923.

No. 28.)

AN ACT

(H. 10. Henley.

To validate the levy of the five mill County tax of Escambia County heretofore made and to authorize said County to levy same hereafter, and to ratify the minutes and proceedings of the Court of County Commissioners of said County.

Be it enacted by the Legislature of Alabama:

Section 1. That the minutes and proceedings, acts and contracts heretofore made by Escambia County, and its Court of County Commissioners since January 1st, 1919 are hereby ratified and made valid as to all County contracts made with various Banks in said County for borrowing money used for lawful County purposes such as the maintenance and improvement of the County public roads and bridges and other like lawful purpose, including the annual orders of said Court made for the levy of

the (5) five mill County tax authorized in the first part of Section 215 of the Constitution in which orders said Court has levied (2) two mills of said tax for general County current expenses and for the County general fund, and (2) two mills of said tax for the maintenance of County roads and bridges heretofore voted by the people for that purpose under a law authorizing said vote, and (1/2) one-half mill of said tax to pay the appropriation's and expense made for the eradication of cattle ticks and to create a County cattle tick fund against which have been drawn and registered (6%) six per cent interest bearing cattle tick County warrants, and (1/2) one-half mill of said tax for the County Health fund and for the maintenance of County Health Unit, and Alltime Health Officer. Said Court is authorized to levy all of said taxes hereafter in the same manner said taxes have been heretofore levied or shall levy the same in such manner hereafter as said Court may deem best to protect the interest and credit of the County and to keep said County on a cash basis.

Section 2. That all laws and parts of laws in conflict with the provisions of this Act, be, and the same are, hereby repealed. Approved Feb. 7, 1923.

No. 29.)

AN ACT

(H. 155. Sollie.

To appropriate out of the general funds of Dale County, and provide for the payment therefrom of Four Hundred and Fifty-Four Dollars, ($454.00) to W. E. Gamble, as Sheriff of Dale County, as follows: For expenditures by him, for stamps, $80.50, and for telephone service, $173.50; and $100.00 for each of the years, 1919, and 1920, to which he was entitled but did not receive, as ex-officio fees, under the provisions of An Act of the Legislature of Alabama, approved January 27, 1919.

Be it enacted by the Legislature of Alabama:

Section 1. That there is hereby appropriated out of the general funds of Dale County, and shall be paid therefrom the sum of Four Hundred and Fifty-Four Dollars, ($454.00), to W. E. Gamble, as Sheriff of Dale County, as follows: For expenditures by him as such sheriff, during his term of office ending January 15, 1923, for stamps, $80.50; and for telephone service, $173.50; and $100.00 for each of the years, 1919, and 1920, to which he as such sheriff was entitled, but did not receive, as exofficio fees, under the provisions of An Act of the Legislature of Alabama, approved January 27, 1919.

Section 2. That this Act shall go into effect upon its approval by the Governor.

Approved Feb. 7, 1923.

No. 30.)

AN ACT

(H. 44. Pickens.

To establish the Inferior Court of York Beat, Precinct No. 6 in Sumter County, Alabama, in lieu of all Justices of the Peace therein including the Notary Public ex officio Justice of the Peace therein to be called the Inferior Court of York.

Section 1;- Be it enacted by the Legislature of Alabama, That there is hereby created and established in and for York Beat, Precinct No. 6, in Sumter County, Alabama, an Inferior Court of law in lieu of all Justices of the Peace therein, including the Notary Public, ex officio, Justices of the Peace; to be called the Inferior Court of York.

Section 2:- Be it further enacted that said Inferior Court is hereby clothed with and shall have and exercise all jurisdiction as is now or may be hereafter conferred by General Law on Justices of the Peace in all civil cases in which the amount involved does not exceed $100.00; and in criminal cases in all misdemeanors, in such preliminary jurisdiction as is now or may hereafter be conferred by law on Justices of the Peace, but such Court shall not be deemed a Court of Record.

Section 3: Be it further enacted that the Judge of said Court shall be appointed by the Governor within 15 days after the approval of this act and shall hold his office until the first Monday after the second Tuesday in January, 1929, and until his successor is elected and qualified: That at the General Election in 1928, and every 4 years thereafter, a successor shall be elected to said Judge by the qualified Electors of the said precinct, who shall hold his office for the term of 4 years, and until his successor is elected and qualified.

Section 4: That said Judge in addition to all authority or powers now or hereafter conferred on justices of the peace, shall have also such additional authority and power as may be necessary for the maintenances and exercise of the jurisdiction herein granted and invested in said inferior court: and in his absence or disqualification the said Judge shall appoint in writing a special judge who shall have full power to act for and in place of the regular judge.

Section 5: That before said judge of said inferior court shall enter upon the discharge of the duties of his office he shall give bond with security, in the sum of one thousand dollars to be conditioned and approved in the same manner as is required by law for the conditioning and approving of the bond of justices of the peace; and he shall perform the following clerical duties, viz; 1. Keep a civil and criminal docket of all cases in said court as now provided by law for justices of the peace, provided said dockets shall show a statement of costs, fees, fines and forfeit

ures due and collected, and said judge shall make a complete statement of all costs, fees, fines, and forfeitures due and collected, quarterly to the court of county commissioners of Sumter County, Alabama, or whenever they may require; 2. Sign and issue all summonses, subpoenas, write executions and other process and transcript, under authority of the Court necessary to maintain its jurisdiction and authority, and insure a proper administration of said inferior court; 3. Keep all papers, books, dockets, and records belonging to said office in an orderly manner, with care and security and allow all parties all inspection of the same free of charge; 4. Pay over without delay all monies he may receive or collect by virtue of his office to the person entitled thereto; 5. Keep his office and the court open each day, except on Sunday and legal holidays between the hours of 9 A. M. and 5 P. M. and perform such other functions and duties as may be appropriate to said office as required by law.

Section 6: That the constable of the said precinct shall be the officer of the said court and shall perform therefor the usual and appropriate duties of constable, and shall receive for such services the same fees as at present and such fees as may hereafter be allowed constables by the general law; provided that the judge of said inferior court may appoint special or deputy constables in civil and criminal cases.

Section 7: That witnesses in cases before said judge of said inferior court shall be entitled to the same fees to be collected in the same manner as provided in like cases before Justices of the peace, and at the end of the trial they shall receive certificates, and if the said fees are not called for within six months, they shall be forfeited and paid in to the county treasurer to the credit of the fine and forfeiture fund.

Section 8: That said judge shall receive an annual salary of one thousand dollars payable on his own warrant at the end of each month out of the funds in his hands; Provided, that if said funds in his hands made up of fines, forfeitures and costs due said judge, be less for any quarter or any one year, than the salary to be paid said judge for such quarter or for such year then the Judges said salary shall be diminished by an amount equal to such deficit.

Section 9: That the said judge shall charge and collect in all cases, civil and criminal, heard and tried by him the same fees now or which may hereafter be allowed by law to justices of the peace for like services: and he shall collect, preserve and pay out the same in accordance with the provisions of this act.

Section 10: That the said judge shall on or before the first day of January in each year make a complete statement of all costs, fees, fines and forfeitures collected by him during the past year, and said statement shall also show how and to whom the

costs and funds coming into his hands by virtue of his office, were paid out and expended, and if a balance remain in his hands after payment of whatever sums are authorized and directed to be paid by this act, the said surplus shall be paid to the County treasurer of Sumter County, to the credit of the fine and forfeiture fund of said county.

Section 11: That the said judge may retain out of the costs fines and forfeitures collected by him a sum not to exceed ten dollars per month to be expended by him for the rent, maintenance of a court room, stationery, etc. the location of said court room to be selected by said judge.

Section 12: That the office of Justice of the peace and Notary Public and ex officio justice of the peace in York Beat, precinct N. 6, Sumter County, Alabama, is hereby abolished; provided that this shall become effective upon appointment and qualification of a judge of the said court and all cases, proceedings, warrants and other papers pending, returnable to said court are hereby transferred to said inferior court, which shall have the jurisdiction of said matters, the same as if they had been begun in said inferior court.

Section 13:- Be it further enacted that if any section, paragraph, portion or provision, of this act shall be declared unconstitutional or void for any reason, it shall not affect the validity of the remaining provisions, portions, or sections, of this act.

Section 14:- Be it further enacted that all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Approved Feb. 7, 1923.

No. 31.)

AN ACT

(H. 7. Sessions.

To create the office of County Treasurer of Coffee County, Alabama, to define the duties of said office; to fix the term of the office and to prescribe the salary; and to provide for the election of a County Treasurer of Coffee County, Alabama, by the qualified voters of the County at a special election and thereafter at the general election.

Be it enacted by the Legislature of Alabama:

Section 1. That the office of County Treasurer of Coffee County, Alabama is hereby created for Coffee County. That such officer shall be elected by the qualified voters of Coffee County, Alabama, at a special election to be held in said County of Coffee within three months after the passage and approval of this Act, to be held on a day designated by the Probate Judge of said County, and his successor in office shall be elected by the qualified electors of said County at the next general election to

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