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“Section 31: That if, for any reason, any section, provision or clause of this Act shall be held to be unconstitutional or invalid, then that fact would not destroy the constitutionality of this Act, except as to that clause or section.
“Section 32: That the provisions of this Act are to take effect from and after the approval thereof.
"Section 33: That all laws, both local and general, in con
“ flict with said Act, are hereby repealed.
"Section 34: That if within twelve months from the approval of this Act, there shall be provided in Hartselle, Morgan County, Alabama, a building adequate for the purposes of holding Court and for the other purposes herein provided for, approved by the Court of County Commissioners, or Board of Revenue of Morgan County, Alabama, then there is hereby created a branch of this county court at Hartselle, Morgan County, Alabama, and the terms of which said court shall be designated by the Judge of said Court as is now provided by law for the designation of terms of court, and the manner of holding the same by the Circuit Judges of the State.
"Section 35: Said branch court shall have jurisdiction of all criminal cases committed within the territory hereinafter named, and all civil cases arising therein, and where the defendant resides, therein to-wit: The territory embraced in the following Precincts: Danville (3), Gibson (4), Hartselle (10), Falkville (5), Lacon (21), Eva (17), Oak Ridge (22), Florette (14), Lawrence Cove (6), Gum Pond (24), Shady Grove (16), Voting Box Number 2, Somerville (9), Center Grover (7), Wolfs (15). That said branch court shall be open at all times for the transaction of business therein. The same provisions for the fixing of the terms of the court by the Judge at Decatur shall also apply to the branch court at Hartselle. This applies to all cases civil, criminal, jury and non-jury.
"Section 36: Said Court shall be presided over by the Judge of the said Morgan County Court, of Morgan County, Alabama, and all criminal causes pending in said branch court shall be prosecuted by the solicitor of said county court created by this Act.
“Section 37: The Clerk of the Circuit Court of Morgan County, Alabama, shall be ex-officio Clerk of said branch court hereby created, and shall be required to procure all necessary documents, records, books, and papers, for the use of said court, and which said documents, records, books and papers, pertaining to said court shall be kept by him at his office at Decatur, Alabama, at all times when the branch court is not in session, but while said court is in session they shall be kept at Hartselle, Alabama.
“Section 38: The said court building at Hartselle, shall be provided for as hereinabove set forth, without expense to either the County of Morgan or the State of Alabama, and the said branch court shall be governed by the provisions for pleading and practice provided herein for this court.
"Section 39: Said court building shall contain necessary court, office, jury and witness rooms, for the use of said Court. The Town of Hartselle shall tender to the Sheriff of Morgan County, Alabama, and his deputies, the use of its municipal prison, for the incarceration of prisoners during the terms of said court, and during such other times as may be convenient by the sheriff and his deputies, without expense to the county; the tender to be made by the certificate of the Mayor, duly sworn to and filed with the Sheriff of Morgan County; but in no event shall the sheriff incarcerate any prisoner therein, until the same is made secure and sanitary.
“Section 40: That all jurors from this court and the branch court herein created, shall be summoned from the entire county; that the venire for said court shall consist of twenty-four (24) jurors drawn as provided by law for the drawing of jurors in the Circuit Court; provided however, that in all civil cases the judge of said Court may require the parties to select a jury from eighteen (18) or more qualified jurors, as now provided by law for the selection of juries. It being the true meaning and intent of this act that the judge, may, in civil cases, limit the number of challenges to three to each side; and in all criminal cases the judge of said court may require the selection of a jury from eighteen (18) qualified jurors as is now provided by law for the selection of juries in misdemeanor cases.
"Section 401/2: That when it is probable that all the cases, in which a jury has been demanded, open for trial in said court, can be disposed of in one week they shall be set for trial in the following order: 1st. All civil cases to be tried at Decatur. 2nd. All criminal cases to be tried at Decatur, and 3rd. All civil and criminal cases to be tried at Hartselle, and provided further that where cases are to be tried at Hartselle as in this act provided the same jury may be used at Decatur and any jury summoned to serve in said Court may be required to serve part of the week in Decatur and part of the same week in Hartselle.”
Approved Sept. 19, 1923.
10 provide for the election of a County Superintendent of Education for
DeKalb County, Alabama, to fix his term of office, to prescribe his salary, and the manner of payment, to define his qualifications, powers and duties, to provide for the election of his successor in office.
Be it enacted by the Legislature of Alabama:
Section 1. That a County Superintendent of Education for DeKalb County, Alabama, shall be elected by the qualified electors of DeKalb County, Alabama, at the next general election who shall hold office until his successor is elected and qualified as hereinafter provided.
Section 2. That at the next general election to be held in gaid County and State a County Superintendent of Education for DeKalb County, Alabama, shall be elected, who shall hold (ffice for a term of four years and until his successor is elected and qualified, unless sooner removed for good cause, and each four years thereafter a County Superintendent of Education for DeKalb County, Alabama, shall be elected by the qualified voters of said County at the regular general election, nominations for which office may be made in primary elections as other county officers.
Section 3. That the salary of the said County Superintendent of Education shall be fixed by the County Board of Education of said County at not less than fifteen hundred ($1500) dollars per annum nor more than two thousand ($2000), which salary shall be paid in the same way and manner as now provided under the general laws of the State for the payment of salaries of county superintendents in the several counties.
Section 4. That said County Superintendent of Education shall be charged with the same duties and shall exercise the same powers as are now provided by the general school laws of the State in the conduct of the office of County Superintendent of Education. No person shall be eligible for political party nomination or for election to the office of County Superintendent of Education of said County who does not as now required hold an Alabama certificate in Administration and Supervision based as a minimum upon graduation from a standard normal school or equivalent education with at least one year of additional study of college grade and proof of three years of successful teaching experience; provided that, if no person meeting these requirements qualified for nomination and election as provided in this Act, the County Board of Education shall appoint a county superintendent of education as provided by the general law regulating the appointment of superintendents.
Section 5. That in the event of a vacancy in said office for any cause, except removal, such vacancy shall be filled by the County Board of Education, and the person so appointed shall hold office until the next general election thereafter when his successor shall be elected; that should any County Superintendent be removed for cause by the County Board of Education of DeKalb County, such vacancy shall be filled by election by the County Board of Education of DeKalb County and said newly elected County Superintendent of Education shall hold office as in the case provided by appointment of the County Board of Education. Provided, that the County Board of Education may remove the County Superintendent of Education for immorality, misconduct in office, incompetency, or willful neglect of duty, or when, the best interests of the schools require it; any of which causes must be alleged and proved, and the County Superintendent of Education shall have the right to be heard in his defense as in cases of impeachment against County officers, and all such hearings shall be before the County Board of Education and shall be conducted as in cases provided under the general laws for the impeachment of county officers, and provided that upon such removal for cause any County Superintendent may appeal to the Circuit Court and have a trial by jury.
Section 6. That the duties and powers prescribed by the general laws of Alabama for the office of County Superintendents in the supervision of the schools of the several counties shall apply to and be incumbent upon the County Superintendent elected or appointed under the provisions of this Act, and before entering upon the duties of said office he must take the oath of office prescribed by the Constitution, and give bond in an amount to be fixed by the State Board of Education in a reputable surety Company authorized to do business in Alabama, conditioned upon the faithful performance of the duties of this office, and upon the accounting and paying over to the proper authority of all moneys coming into his hands.
Section 7. The County Superintendent elected under the provisions of this Act must on the third Monday in September of each year cause to be published in a newspaper published in DeKalb County a full and accurate statement of all money expended, such statement shall show the amount paid to each teacher and the amount expended in the conduct of each school separately in the County, if there be no newspaper published in the County then such publication shall be made by posting one copy of such statement at the County Court house and one copy at two other public places in the county.
Section 8. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
Approved Sept. 19, 1923.
(S. 168. Foster.
To enlarge and extend the boundaries of the corporate limits of the city
of Tuscaloosa, Alabama.
Section One. That all that tract of land included within the following boundaries, viz: Beginning at a point on the west bank of the Warrior River where the center line north and south through Section 21, Township 21 South, Range 10 West, intersects the low water mark of said river and running thence south along said center line through said Section Twenty-one and along the center line through Section 2d, to the South line of said Section 28, thence east along the south line of said Section 28 and Section 27, to the intersection of the same with the extension southwardly of the west line of Cherry Street, as said street is shown on the plat of the survey of the Tuscaloosa Development Company, thence eastwardly along the west or north line of said Cherry Street and the extension southwardly of the same, to an intersection with the said south line of said Section 27, thence eastwardly along the south line of Section 27 to the center line of said Section 27, thence north along the center line of said Section 27 to the south line of the F. E. Shide survey, thence eastwardly along the south line of the F. E. Shide survey to the southeast corner of the same, thence northwardly along the east line of the F. E. Shide survey to the south line of South Eighth Avenue, extended westwardly, as said South Eighth Avenue is shown on the plat of the Tuscaloosa Coal, Iron and Land Company, thence eastwardly along the south line of South Eighth Avenue and the extension of the same to the west line of East Second Avenue, according to the said Tuscaloosa Coal, Iron and Land Company survey, thence southwardly along the west line of said East Second Avenue and the extension of the same southwardly to the intersection of the same with the south line of Section 27 and thence east along the south line of Section 27, and the south line of Section 26, to the southeast corner of the southwest quarter of the southwest quarter of said Section 26 thence north parallel with the west line of said Section 26 to the north margin of the Hargrove Road, thence eastwardly along the said north margin of the Hargrove Road to the intersection of the same with the center line north and south through Section 25, thence north along the center line through Sections 25 and 24, to the south margin of the Huntsville Road, thence following the south margin of said Huntsville Road westwardly to a point four hundred feet west of the west line of Section 24, thence north parallel with said west line of Section 24, to the south line of the right of way of the main line