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(H. 957. Dowdle.
For the Relief of Carl M. Glass, Tax Collector of Pickens County, Alabama.
Section 1: Be it enacted by the Legislature of Alabama that the Probate Judge of the County of Pickens, State of Alabama be and he is hereby directed to draw his warrant on the County Treasury of said County in favor of Carl M. Glass, Tax Collector of Pickens County, Alabama for the sum of eighty-one and 89/100 ($81.89) Dollars, payable out of the general funds of said county to reimburse the said Carl M. Glass for the said amount paid by him to said County in his settlement for the taxes for the year 1919 in excess of the amount due by him to said County as Tax Collector thereof, which said sum of money was erroneously paid by him.
Approved Sept. 26, 1923.
(H. 756. Gaines.
To alter and rearrange the boundaries of the town of Ashford, Houston
Section 1: That the boundaries of the town of Ashford, Alabama, shall be altered and rearranged so as to include within the corporate limits of said Town of Ashford, Alabama, all of the territory lying within the boundaries hereinafter set out as follows, to-wit: Commencing at the northwest corner of the S. W. 14 of Section 28, Township 3, North Range 28 East and running East along the land line to the northeast corner of S. E. 14. of S. W. 14 of Section 27, Township 3, North of Range 28, East: thence running South along the land line to the southeast corner of the N. E. 14. of the N. W. 14 of Section 3, Township 2, North of Range 28 East: thence running West along the land line to the southwest corner of the N. W. 1/4 of N. W. 14 of Section 4, Township 2, North Range 28 East: thence running North along the land line to the northwest corner of the S. W. 1/4 of S. W. 14 of Section 28, Township 3 North of Range 28, East at the starting point. Section 2: Be It enacted that the boundaries set out in Sec
: tion One be and the same are hereby established as the corporate limits of the town of Ashford, a municipal corportaion of Houston County, Alabama:
Section 3. Be It further enacted that all laws or parts of laws in conflict with this act be and the same are hereby repealed.
Approved Sept. 26, 1923.
(H. 970, Ashcraft
To better regulate Public road working in Lauderdale County, Alabama,
and to require the working thereon of wagons and teams, and to prescribe punishment for violation of the act, and to provide for disposition of fines and road tax collected under the same:
Be it enacted by the Legislature of Alabama:
1—That the following persons and property shall be liable for road duty in their respective precincts in Lauderdale County, Alabama for six days of eight hours each in each year after December 31, 1923; viz: Each person not now exempt by law from road duty, each horse, mule and wagon.
2-That any person, horse mule or wagon liable to road duty under this act may be exempt thereform by paying to the Probate Judge of the County on or before the 15th day of February each year, the sum of Six Dollars, which shall be used on the roads in the precinct from which it is paid.
3—That it shall be the duty of the apportioners of each precinct on or before March 15th., of each year to make in triplicate a list of all persons and property liable for road duty in their respective precincts that have not been exempt by the payment of the road tax. Each list shall be according to divisions of the road on which each person or property is assigned for road duty and one of said lists shall be filed with the Probate Judge, and one with the Overseer, and one must be kept by the apportioner.
4—That the respective overseers must during each year work all the persons and property so furnished him by the apportioners not less than six days, and all who have been warned and failed to comply with the said warning and work the full time as provided by this Act shall be by said overseer reported in writing to the County Court within five days thereafter.
5—That it shall be a sufficient warning of a person for road duty to notify him in person or by leaving a written or printed notice at his residence at least one day before time to start to work the road; and it shall be sufficient warning to notify in person or by leaving a printed or written notice at the residence of the person owning or having in possession property subject to road duty one day prior to working the road.
6_That it shall be the duty of the Owner or party in possession of the property subject to road duty to provide feed for the animals and to deliver them at the place for road working at the proper hour, together with the proper harness and wagon for road work, and shall at the end of each day have someone at the road to take charge of the same; and this shall be his duty from day to day until the road working has been completed.
7—That the Owner or person in possession of wagon and team, or either, shall have the right to drive the same in person or to provide a driver for his team, and for such service he shall be allowed a credit either on his time of one day for each day he drives said team, or he may elect to take credit of one day for one animal or one wagon for each day he drives said team or provides a driver therefor.
8—That any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and shall be punished by a fine of not less than Ten Dollars nor more than One Hundred Dollars, one-half of which shall be paid to the Probate Judge who shall apply the same to the road fund in the precinct from which said cause originated.
9—That it shall be the duty of the County Solicitor on the information furnished by the Overseer in his written report filed with the Probate Judge of the violating of this Act, to have warrants issued against the offending parties in the County Court in the same manner as other cases arising therein.
10—That no part of this Act shall be so construed as to apply to persons or property residing in or located in any incorporated City or Town in said County.
11—That all laws and parts of laws in conflict with this act or inconsistent therewith are expressly repealed.
Approved Sept. 27, 1923.
(H. 735. Moxley.
To amend Section 1 of an Act Entitled “An Act to fix the pay of grand
jurors and petit jurors serving in the Circuit Court of Crenshaw County. To prescribe the manner of payment and to prescribe the duties of the Circuit Clerk and County Treasurer of Crenshaw under: this Act” approved September 5, 1919.
Be it enacted by the Legislature of Alabama:
Section 1. That Section 1 of said Act be amended so as to read as follows: Section 1. Regular jurors, grand and petit, serving in the Circuit Court of Crenshaw County, Alabama, shall be entitled to receive the sum of $3.00 per day for each. day's service and in addition thereto shall receive five cents for each mile traveled in going to and returning from court, to be proved by the oath of the juror before the Clerk of the Circuit Court.
Section 2. That all laws and parts of laws in conflict with this Act be and they are hereby repealed.
Section 3. That this Act shall take effect on its approval by the Governor.
Approved Sept. 27th, 1923.
(H. 808. Williams.
To establish a Law and Equity Court for Franklin County; to define its
jurisdiction and powers; to provide for its officers, their powers, duties and compensation; to provide for trial tax fees; to provide that said court shall be open at all times for the trial of cases and transaction of business; prescribing rules and procedure of said court; to provide for an official court reporter for said court and fix his compensation, and to provide for the transfer of causes now or hereafter pending in the Circuit Court of Franklin County, Alabama to the Law and Equity Court; to abolish the County Court of Franklin County and the office of deputy solicitor of Franklin County.
Section 1. Be it enacted by the Legislature of Alabama, That there be and hereby is established in and for the County of Franklin a Law and Equity Court which shall be called the Law and Equity Court of Franklin County, and shall be a court of record, and which shall have and exercise concurrent jurisdiction, authority, functions and powers now conferred or may be hereafter conferred upon the several Circuit Courts of the State, provided however that the Law and Equity Court of Franklin County shall not have jurisdiction to try persons charged with felonies; and shall have concurrent jurisdiction with the Justices of the Peace of Franklin County in all matters whatsoever.
Section 2: That the Judge for said Court shall be appointed by the Governor of the State immediately after the approval of this Act, whose term of office shall begin immediately upon his appointment and qualification and shall continue until the second Tuesday after the first Monday in January in the year 1925 or until his successor is elected and qualified; and that, at the general election to be held in the year 1924, the successor of the Judge so appointed shall be elected by the qualified electors of Franklin County, Alabama, voting at said election, whose term of office shall begin on the expiration of the term of office of the Judge to be appointed by the Governor, upon the approval of and under the authority of this Act, and the Judge so elected at said election shall hold office until the second Tuesday after the first Monday in January 1929 or until his successor is elected and qualified. At the general election in 1928 and every six years thereafter, the Judge of and for said court shall be elected by the qualified voters of Franklin County; and the Judge so elected shall hold office for six years commencing on the second Tuesday after the first Monday in the year 1929, after his election and until his successor is elected and qualified. The judge of said Court before entering upon the duties of said office shall take the oath required by law to be taken by the Judges of the Circuit Courts of Alabama. The said Judge shall
be a qualified elector of Franklin County, Alabania; shall be learned in the law and shall be not less than twenty-five years of age.
Section 3: Vacancies in the office of judge of said court shall be filled by appointment by the Governor, and the person so appointed shall hold office as required by the Constitution of this State. Said Judge may be removed from office in the manner now provided by law for the removal of Circuit Judges.
Section 4: That the Clerk of the Circuit Court of Franklin County shall be ex-officio clerk of said court, and shall have the powers, and discharge the duties, which will devolve upon the clerk of the Circuit Court, and shall be subject to the same pains and penalties with regard to the duties of this office, and shall be entitled to the same fees in cases where the amount involved is more than $50.00 as are now, or may hereafter be allowed to circuit clerks of Alabama, and in cases where the amount involved is $50.00 or less the same fees as are now or may hereafter be allowed Justices of the Peace, and the same shall be collected as such fees are collected in the Circuit Court.
Section 5: That the Register of the Circuit Court of Franklin County in Equity shall be ex-officio the Register of said court in equity, and shall have the same powers and discharge the same duties, which will devolve upon the Register of the Circuit Court in Equity and shall be subject to the same pain and penalties with regard to the duties of the office and shall be entitled to the same fees as are now, or may hereafter be, allowed to the Register of the Circuit Court in equity in Alabama, and the same shall be collected as such fees are collected in the Circuit Courts in Equity.
Section 6: That the judge of said court shall receive a salary of Three Thousand Dollars per year, payable Two Hundred and Fifty Dollars per month, out of the general fund of the county treasury at the end of each month, payable on war
ants drawn by said judge, and that there shall be taxed as trial fee the sum of $5.00 in all cases, that goes upon the docket, in said court where the amount involved is more than $100.00, and in actions of ejectment, unlawful detainer, forcible entry, and trials of the right of property, and in all criminal cases, and three dollars in all other cases to be taxed and collected as a part of the costs and said fee shall be taxed not only in all cases where there is a conviction for criminal offenses, but also in each case where the prosecutor is taxed with the costs. Said trial fee in all cases shall be paid by the clerk of said court into the county treasury for the benefit of the general fund.
Section 7: That the Office of Deputy Solicitor of Franklin County be and the same is hereby abolished.
Section 8: That there shall be a solicitor of and for said