by personal service on him, his agent, or attorney, five days. before the return term of the appeal, and must be returned promptly by the constable or other officer to the clerk of the court to which the appeal was taken, but in lieu of notice by personal service to the appellee, or his agent, or attorney, the clerk may send said notice by registered mail addressed to the appellee, his agent or attorney, with demand for a return receipt, and such return receipt, signed by the appellee, his agent or attorney, shall be proof of said notice.

Section 37. If the appellee after the appeal is taken moves out of the county, or absconds, or secretes himself so that notice cannot be served on him, it shall be the duty of the constable to execute such notice by leaving a copy at the residence, or late residence of the appellee, and by posting the same in front of the court house door of the county of Jefferson, and return the facts to the clerk of the court to which the appeal was taken on or before the second day of the term.

Section 38. That in all causes removed from this Court to the Circuit Court by appeal, the issues and questions of fact shall be tried by the Circuit Court without the intervention of a jury.

Section 39. That any party to a cause in this court, or upon the trial of any cause in the Circuit Court, of a cause appealed or transferred from this court, may deposit with the clerk of this Court, or the Circuit Court, as the case may be, the necessary postage with the names and addresses of the witnesses, and it shall thereupon be the duty of the clerk of this court, or of the Circuit Court, as the case may be, to summons said witnesses by addressing a letter to them, at such addresses, duly registered, with demand for return receipt, and such return receipt shall be proof of the service of said summons upon such witness, and any such witness being so served, and failing to appear, shall be in contempt of the court, and may be attached and punished as provided by law, as to parties guilty of contempt, and may also be imprisoned.

Section 40. When the business of this court is such as to require it, the judges of this court, or either of them, with the consent of the presiding judge of the Circuit Court, may order the clerk of this court to transfer causes from this court to the Circuit Court, and it shall thereupon be the duty of the Clerk of the Circuit Court to receive and docket said causes, and said causes shall thereupon proceed in said Circuit Court as if originally brought therein.

Section 41. The presiding judge of the Circuit Court, or the judge acting as such, may require any of the judges of this court to sit in the Circuit Court upon the trial of causes transferred or appealed from this court to the Circuit Court, and the judge

of this court so sitting shall in the trial of such causes have all the power and authority of the judge of the Circuit Court, provided, however that no judge of this court shall preside and hear a cause on appeal which said judge tried in this court.

Section 42. The judgments of this court may be recorded as provided by Sections 4156, 4157, 4158, and 4159 of the code of Alabama, and said provisions of the code and said laws shall be applicable to judgments and proceedings in this court.

Section 43. That upon appeal from the Circuit Court from any cause appealed or transferred to the Circuit Court from this court in lieu of bill of exceptions, the appellant may file a transcript of the Stenographic report of the trial certified by the trial judge that it is a true and correct transcript of the proceedings, and said transcript shall be treated by the supreme court as if it were the bill of exceptions, or as may hereafter be provided by law for recording judgments in the Circuit Court.

Section 44. All witnesses shall receive the mileage and per diem for attendance on this court, as provided by law for witnesses in the Circuit Court.

Section 45. That the board of revenue of Jefferson County shall provide a place for the holding of said court and shall furnish all the necessary stationery, papers, and all other things provided for the circuit court of Jefferson county that may be necessary for the operation and maintenance of this court.

Section 46. The Sheriff of Jefferson county shall execute such processes and writs of this court as this court may require of him and make return thereof.

Section 47. That all laws or parts of laws, general or special, in conflict with the provisions of this act, shall be, and the same are hereby repealed.

Section 48. That if any section or provisions of this act shall be declared to be void or unconstitutional, it shall not affect or destroy the validity or constitutionality of any other section or provision, which is not in and of itself void or unconstitutional.

Section 49. The law applicable to the levying of executions issued by justices of the peace shall apply to the issuing and levying of executions in this court, so far as applicable. If the defendant has no personal property known to the constable or levying officer, or if it is insufficient to satisfy the execution, he must endorse the fact upon the execution, and he may then levy on land of the defendant subject to execution, describing it in his levy and making return thereof to this court, and the clerk of this court shall thereupon immediately transmit all the papers in the cause to the circuit court. Thereupon said case and levy shall proceed as is provided in Sections 4682, 4683, and 4684 of the Code of Alabama, or such laws as may here

after be enacted governing the levy and sale of lands under a writ issued by a justice of the peace.

Section 50. That this act shall become effective upon its passage.

Approved August 29, 1923.

No. 204.)

AN ACT

(H. 476. Luck.

To provide for the taxing and collecting of certain costs in criminal cases in the County Court of Shelby County.

Be it enacted by the Legislature of Alabama:

Section 1. That from and after the passage and approval of this act, the Clerk of the Circuit Court of Shelby County when acting as Ex-Officio Clerk of the County Court in said County shall be entitled to the following fees in all criminal cases tried or disposed of in said Court, which said fees shall be taxed and collected as all fees and cost are taxed and collected in said Court as now provided by law. For issuing warrants of arrest $1.00. For issuing each subpoena or notice-$.35. For each order of continuance-$.50. For trial, entering judgment, and, when an appeal is taken, approving bond and certifying proceedings-$5.00. For judgment on forfeited undertaking of bail-$3.00. For judgment against defaulting witness-$2.00.

Section 2. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Approved August 31, 1923.

No. 206.)

AN ACT

(H. 621. Patterson.

To alter or rearrange the boundaries of the City of Decatur, Alabama.

Be it enacted by the Legislature of Alabama, that the boundaries of the City of Decatur, Alabama, be altered, extended or rearranged so as to include the territorial area heretofore and immediately prior to the vacation of its charter, or now comprising the City of Albany, Alabama, that is, that the corporate limits of the City of Decatur shall include all of that territory within the present corporate limits of the City of Decatur and the following boundary lines: Beginning at a point on the southerly boundary line of the City of Decatur,

which is the Northwest corner of the corporate line of the City of Albany, Alabama, as heretofore confirmed by the Legislature of the State of Alabama, as the Northwest corner of the corporate line of the City of New Decatur, and which is further identified as at the intersection of the center line of Patterson Street with the center line of 9th. Avenue West (as established by the City Council of New Decatur, Alabama); thence south along the center line of said 9th. Avenue West to the south boundary line of 3rd. Street South in the present city of Albany, Alabama; thence in a southerly and southwesterly direction along the east boundary line of the Danville Road to a point which is the southwest corner of the corporate line of the present City of Albany, Alabama; thence in an easterly direction along the south boundary line of Section twenty-five (25), township five (5), range five (5) West to the southeast corner of said section 25; thence in an easterly direction along the south boundary line of section 30, township 5 south, range 4 west, for a distance of 2662.08 feet to the southeast corner of the southwest fourth of said section 30; thence in a northerly direction along the east boundary line of the said southwest fourth of said section 30 for a distance of 999.08 feet; thence in an easterly direction for a distance of 2663.15 feet to the west boundary line of section 29, township 5 south, range 4 west; thence in a southerly direction along the west boundary line of said section 29 for a distance of 999.54 feet to the southwest corner of said section 29; thence in an easterly direction along the south boundary line of said section 29 for a distance of 1319.96 feet; thence in a northerly direction for a distance of 1343.18 feet; thence in an easterly direction for a distance of 1351.91 feet; thence in a northerly direction for a distance of one-fourth of a mile to the northeast corner of the southwest fourth of said section 29; thence in an easterly direction along the south boundary line of the northeast fourth of said section 29 for a distance of 2669.7 feet to the east boundary line of said section 29; thence in a northerly direction along the east boundary line of said section 29 for a distance of 2659.3 feet to the northeast corner of said section 29; thence north 86 degrees 13 minutes 45 seconds east along the south boundary line of section 21, township 5 south, range 4 west, for a distance of 1532.33 feet; thence north 4 degrees 8 minutes 50 seconds west 1431.76 feet; thence north 85 degrees 4 minutes 10 seconds east 887.06 feet; thence north 3 degrees 0 minutes 20 seconds west 2395 feet to a huckleberry tree; thence north 31 degrees 41 minutes 10 seconds east 329.89 feet to a stake on the south bank of the Tennessee River; thence in a northwesterly direction down the Tennessee River, as it meanders 7510 feet to the last boundary line of the present City of Decatur, Alabama. The above described territory being

situated partly in section 25, township 5 south, range 5 west, and partly in sections 16, 17, 18, 19, 20, 21, 29 and 30, township 5 south, range 4 west, all in Morgan County, State of Alabama. Approved August 28, 1923.

No. 210.)

AN ACT

(S. 349. Tunstall.

To repeal An Act entitled, “An Act to regulate and secure a better working of public roads in the County of Calhoun, and to prescribe the powers and duties of various officers in relation thereto," Approved February 28th, 1901.

Be it enacted by the Legislature of Alabama that an Act entitled, "An Act to regulate and secure a better working of public roads in the County of Calhoun, and to prescribe the powers and duties of various officers in relation thereto," approved February 28th, 1901, be and the same is hereby repealed. Approved August 30, 1923.

No. 211.)

AN ACT

(S. 348. Tunstall.

To establish the office of road supervisor in and for the County of Calhoun; to prescribe his qualifications and duties, to fix his salary and to provide for the method of his election or appointment:

Be it enacted by the Legislature of Alabama:

Section 1. That there is hereby created in and for the County of Calhoun the office of Road Supervisor, who shall be elected, or appointed by the Board of Revenue of said county. at the first meeting of said Board of Revenue held after the approval of this act. He shall be elected for a term of two years, beginning on the first day of October, 1923, and a successor to said supervisor shall be elected or appointed by said Board of Revenue each two years thereafter. He shall be paid a salary out of the county Treasury of Calhoun County, Alabama, to be fixed by the Board of Revenue of said county of not less than $2400.00 per annum, nor more than $3,000.00 per annum, payable monthly by a warrant drawn by said Commissioner's Court.

Section 2. Said Road Supervisor shall be a competent civil engineer and shall devote all of his time to the discharge of his official duties.