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Section 2. That all laws and parts of laws now in conflict with the provisions of this Act are hereby repealed.

Section 3. The provisions of this Act shall take effect immediately upon its approval by the Governor. Approved Sept. 3, 1923.

No. 224.)

(H. 355. Thompson of Jackson.

AN ACT

To amend Section 2 of an act "To Establish A Charter For The City of Bridgeport" (Approved Feb. 18, 1891).

Section 1. Be it enacted by the Legislature of Alabama, That Section 2 of an act entitled an act "To establish a Charter for the City of Bridgeport be amended so as to read as follows: That the corporate limits of the City of Bridgeport shall embrace the following, Beginning at the middle of Section 7, thence. due east along said quarter section line to the west boundary line of section 8, thence north along said section line one quarter of a mile, thence east along the quarter section line to the bank of the Tennessee river, thence down the river bank to the middle quarter section line of section 21, thence west along said middle quarter section lines of Sections 21, 20 & 19 to the western boundary line of section 19, thence north along said west section line seven-eighths of a mile to the Brown-Arendale line, thence east along said line one quarter of a mile to the eastern boundary line of the N. W. 14 of the S W 14 of section 18, thence north along said quarter section to the middle of the N W 1/4 of section 18, thence east along the quarter section line to the eastern boundary line of the N W 1/4 of section 18, thence north along the quarter section line to the middle of section 7 and the beginning, all in Township 1, Range 9, East in Jackson County, Alabama. It is the purpose and intention of this act to exclude from the corporate limits of the City of Bridgeport the South half of Sections 19, 20 and 21, Township 1, Range 9.

Section 2. 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 of laws in conflict with the provisions of this act, be and the same are hereby repealed."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 Sept. 3, 1923.

No. 225.)

AN ACT

(H. 380. Luck.

To provide for the election of a County Treasurer for Marion County, Alabama, to provide for his term of office and fix his compensation, and to provide for his successor.

Be it enacted by the Legislature of Alabama:

Section 1. That at the general election to be held on the first Tuesday after the first Monday in November, 1924, and every four years thereafter, there shall be elected a County Treasurer from the qualified electors of said County, who shall hold office for four years, or until his successor shall qualify.

Section 2. That before assuming the duties of the office the officer provided for in Section 1 of this Act shall take the oath of office, file a good and sufficient bond as provided by law, and receive a commission from the Secretary of State.

Section 3. The Treasurer provided for in this Act shall take charge of the office on the first day of December, 1924, and every vacancy that may occur in said office shall be filled by appointment by the Governor.

Section 4. That the Treasurer herein provided for shall receive $75.00 per month for his services to be paid out of the general funds in the county treasury at the end of each month's service. Provided the premiums that he or she may pay on the official bond shall be paid out of the general funds in the county treasury.

Section 5. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed in so far as Marion County, Alabama, is concerned.

Approved Sept. 3, 1923.

No. 229.)

AN ACT

(H. 357. Fite.

To provide an official court reporter for the Bessemer division of the Circuit Court of Jefferson County, Alabama; to provide assistants for such court reporter; to provide for the appointment and term of office of such court reporter and assistants; to fix the compensation and the manner of the payment thereof; to define the powers and duties thereof; to fix the per diem charges and fees for services rendered thereby, and the manner of taxing and collecting the same; to provide an office, and the equipment and supplies therefor; to prescribe the qualifications thereof, and generally to provide therefor.

Be it enacted by the Legislature of Alabama:

Section 1. That the office of Official Court Reporter of and for the Bessemer Division of the Circuit Court of Jefferson

County, Alabama, is hereby created, and it is hereby made the duty of the Circuit Judge of the Tenth Judicial Circuit of Alabama presiding over said division of said court, and said judge is hereby authorized, directed and required to appoint a competent shorthand writer to said office as soon after the approval of this act as is practicable, to perform the duties of official court reporter of said division of said court, said court reporter so appointed to hold office during the term of the judge appointing him; provided, said court reporter may be subject to removal by the judge presiding over said court at any time upon proper charges entered of record for incompetency, misconduct or other good cause, the Judge so removing said court. reporter specifying such incompetency, misconduct or good cause, and giving such reporter an opportunity before removal of being heard. Such court reporter shall have authority to administer oaths at any place in Jefferson County, Alabama.

Section 2. To be eligible to said office of court reporter of said division of said court the person so appointed shall be able to correctly report in shorthand the testimony and proceedings in all trials as the same may occur, and to neatly and expeditiously transcribe on the typewriter the testimony and proceedings so taken by him, and shall not be related to the judge making the appointment within the fourth degree of consanguinity or affinity; and if an appointment is made of a person not possessing the qualifications hereinabove stated, or who is within the said prohibited degree of relationship, such appointment shall be void. If there shall be more than one applicant for said office who are otherwise qualified, the one, if such, who resides within the territorial jurisdiction of said division of said court shall receive the appointment. Provided, further, that in any event the court reporter holding such office shall reside during the term of his office within the territorial jurisdiction of said division of said court.

Section 3. It shall be the duty of such court reporter to attend in person, except as otherwise herein provided, all sessions of said division of said court, and in every case where directed by the judge or requested by a party thereto, he shall take full stenographic notes of the oral testimony and proceedings, except arguments of counsel, and note the order in which all documentary evidence is introduced, all objections of counsel, the rulings of the court thereon, and exceptions taken thereto, and shall attend the investigations of the grand jury of said division of said court, and there take such notes of the testimony as directed by the Solicitor or by the foreman of the grand jury. The original stenographic notes of said court reporter in each case or proceedings officially reported shall be preserved by him and treated as a part of the records of said court, and upon his

retirement from office shall be turned over to the clerk of said court. He shall furnish within thirty days or within such other time as the judge may prescribe, to any party to a cause reported by him, upon payment being made for the same, or upon the order of the presiding Judge, a transcript of his stenographic notes, or any part thereof, except proceedings before the grand jury, upon payment of a transcript fee of not exceeding fifteen cents for each one hundred words thereof, and for each carbon copy made at the same writing seven and one-half cents for each one hundred words thereof, provided that such court reporter shall not be required to perform any part of such service until the payment or security thereof is assured. In all appeal cases the court reporter shall file with the clerk of said division of said court within thirty days after such appeal one typewritten copy of the court's oral charge delivered to the jury therein, without charge for such copy, and the said court reporter shall also transcribe on the typewriter his notes taken before the grand jury in cases where true bills are found and deliver the same to the solicitor of said division of said court without charge therefor.

Section 4. Should the official court reporter herein provided for, on account of sickness or other cause, be unable to report the testimony of any trial as provided in this act, the judge presiding over said division of said court shall have authority to appoint a special reporter to serve until said official court reporter can resume his duties, the compensation of such special reporter to be the same and to be paid in the same manner and from the same source as herein provided for the payment of said official court reporter; provided, further, that when the official court reporter provided for in this act is with the grand jury of said division of said court, the judge presiding over said division of said court is authorized, directed and required to provide a special court reporter to perform the duties of said official court reporter during such time; provided, further, that whenever there are more than one circuit judge presiding over said division of said court there shall be provided a court reporter for each judge during such time, and each court reporter so provided shall during such time perform the same duties and have the same powers and authority, and receive the same compensation, and from the same source, that are given to and received by the said official court reporter.

Section 5. That whenever the judge presiding over said division of said court, or the solicitor thereof shall direct, said court reporter shall attend any hearing in which the State is interested and over which said judge or solicitor has jurisdiction and report the same, as in other cases in this act provided for. In such cases or proceedings, as well as in all proceedings

or cases reported by such court reporter, the said judge or solicitor, when deemed necessary, may order the stenographic notes of such proceedings or case transcribed on the typewriter and copies thereof furnished to said judge or solicitor, one or both, as may be directed, for which transcript the reporter shall be paid at the same rate as in this act provided for other transcripts, same to be paid out of the general fund in the county treasury of said county on certificate in favor of said court reporter drawn by the said judge of said division of the said court. Section 6. That in all cases reported by said official court reporter or by a special court reporter as provided for in this act, there shall be taxed as a part of the costs of the case a fee of five dollars for each day or fraction thereof that such reporter shall be engaged in reporting such case, the same to be collected as other costs in the case, and when collected shall be paid by the clerk of said division of said court into the county treasury of said county.

Section 7. That such official court reporter shall receive a salary of $2400.00 per annum, payable in equal monthly installments, such payments to be made on certificate issued by the judge presiding over said division of said court in favor of such official court reporter, the same to be paid by the treasurer of the county out of the general fund thereof on presentation of said certificate in the same manner as jurors are now paid; provided further, that each special court reporter provided for herein shall be paid in the same manner and out of the same fund.

Section 8. That the Board of Revenue of Jefferson County, Alabama, are hereby authorized, directed and required to provide for said court reporter at the county court house at Bessemer a convenient and suitable office, and to properly equip the same with desk, filing cases, typewriters, stationery, paper and other things necessary for a court reporter to have in the discharge of his official duties hereunder, at the expense of said County, the same to be furnished in the same manner as the supplies of other officers of this county are furnished.

Section 9. That before any official court reporter or special court reporter provided for in this act shall enter upon the duties of his office, he must subscribe to an oath to support the Constitution and laws of the State of Alabama, and faithfully perform all of the duties of such office.

Section 912. That in any case before said court and reported by such stenographer wherein the County is a party or interested in the result thereof that upon order of the Board of Revenue or County Attorney the stenographer shall transcribe the testimony taken in such case and furnish same to the Board of Revenue of such County without charge.

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