north along the section line between Sections 26 and 27 Tp. 3, North R. 26 E; and the continuation of said line to the southeast corner of the NE 1/4 of NE 1/4, Section 22, Tp. 3, N. R. 26 E; thence West along South line of the N 12 of NE 14 Section 22, Tp. 3, North R. 26 E; to the SW corner of the NW 1/4 of NE 1⁄4 of Section 22, Tp. 3, N. R. 26 E; thence north along the West boundary line of the NW 14 of NE 4 Section 22, Tp. 3, North R. 26 E; and the continuation of said land line to the northwest corner of SW 14 of SE 14, Section 15, Tp. 3, N. R. 26 E; thence east along the north boundary line of the S 12 of the SE 14 Section 15, Tp. 3, North R. 26 E; to the northeast corner of the SE 1/4 of SE 14, Section 15, Tp. 3, N. R. 26 E; thence north along the section line between Sections 14, and 15, and 10 and 11, Tp. 3, N. R. 26 E to the starting point.

Section 2. That the corporate limits of said City of Dothan shall hereafter embrace and include the territory described in Section 1 hereof.

Approved August 13, 1923.

No. 144.)

AN ACT

(S. 278. Adams.

To abolish the County Court of Chilton County, Alabama, to annul its jurisdiction, which court is provided for in and by Article 3, chapter 198 of the Code of Alabama, of 1907, and re-established by the provisions of an Act approved September 25, 1915, and to provide for the transfer of all of the cases of every kind and description pending in said court at the time of the approval of this Act, together with all papers, records, processes and everything pertaining to the circuit court of Chilton County; to provide for the institution and prosecution of misdemeanors in the Circuit Court of Chilton County otherwise than by indictment by the grand jury; and to regulate and prescribe the method of securing jury trials in misdemeanor cases in the Circuit Court of Chilton County, and to prescribe how such cases shall be tried without the intervention of a jury and reviewed, and to provide for the repeal of all laws in conflict with the provisions of this Act.

Be it enacted by the Legislature of Alabama.

Section 1. That the county court of Chilton County provided for in and by Article 3, Chapter 198 of the Code of Alabama of 1907, and re-established by the provisions of an Act approved Setpember 25, 1915, be and the same is hereby abolished and its jurisdiction annulled.

Section 2. It is hereby made the duty of the clerk of said county court to transfer to the circuit court of Chilton County all cases of every kind and description pending in said county court at the date of the approval of this Act, together with all

papers, records, processes and everything pertaining to said cases so transferred to the circuit court of Chilton County, and said cases so transferred to the circuit court of Chilton County shall stand for trial therein as if originally filed or begun therein and the said circuit court of Chilton County shall have the same jurisdiction and powers in regard to said cases and all papers, records, processes and everything pertaining to such cases, as the said county court now has in reference thereto.

Section 3. That from and after the passage of this Act prosecution of persons charged with misdemeanors in Chilton County may be begun by affidavit made before the clerk of the circuit court of Chilton County, and that thereupon the jurisdiction of the circuit court of Chilton County shall attach and the case shall proceed to trial and judgment under the same rules and procedure as provided by the law in misdemeanor cases. Nothing in this Act shall be construed as to in any manner interfere with or affect prosecutions for misdemeanors upon indictment found by the grand jury in the circuit court of Chilton County.

Section 4. That in all misdemeanor cases commenced by affidavit in the circuit court of Chilton County, as above provided, the issue and question of fact shall be tried by the judge of the court without the intervention of a jury except in cases where a trial by jury is demanded in writing by the defendant, and such written demand filed in the cases with the clerk of the court on or before the first sounding of the case, if the case is sounded within thirty days after the making of the affidavit, and if such case is not sounded within thirty days after defendant has been arrested or taken into custody after the making of the affidavit, then such written demand must be filed with the clerk within 30 days after the defendant has been arrested or taken into custody after making of the affidavit. A failure to demand in writing a trial by jury as herein provided shall be held and deemed to be a waiver by the defendant of a trial by jury.

Section 5. That in the trial of any criminal case in the circuit court of Chilton County commenced by affidavit as herein above provided, by the judge of the court without the intervention of a jury, the defendant may present for review by bill of exception the conclusions and judgment of the court on the evidence and the court of appeals or the supreme court shall review the same without any presumption in favor of the court below, and if there be error shall reverse and remand the same for further proceedings in the circuit court, and if there be no error, shall affirm the same.

Section 6. That all laws and parts of laws in conflict with the provisions of this Act in so far as the same apply to Chilton County be and the same are hereby repealed.

Section 7. This Act shall become effective immediately after its approval.

Approved August 9, 1923.

No. 149.)

AN ACT

(H. 542. Howze.

To vacate that part of the Huntsville Road from the point of intersection with Eighteenth Avenue to the point of intersection with Nineteenth Street, and all streets, avenues, alleys, roads and ways over or across that certain tract of land in Jefferson County, Alabama, near the city of Bessemer, bounded by the Huntsville Road, Eighteenth Avenue and Nineteenth Street, as designated on the map of the Bessemer Land and Improvement Company and on the map of the Bessemer Coal, Iron and Land Company, and to relinquish and abandon all rights of the public in and to that part of said Huntsville Road and the said streets, avenues, alleys, roads and ways.

Be it enacted by the Legislature of Alabama:

Section 1. That the dedication of that part of the Huntsville Road from the point of intersection with Eighteenth Avenue to the point of intersection with Nineteenth Street, and the dedication of all streets, avenues, alleys, roads and ways over or across that certain tract of land in Jefferson County, Alabama, near the City of Bessemer, bounded by the Huntsville Road, Eighteenth Avenue and Nineteenth Street, as designated on the map of the Bessemer Land and Improvement Company and on the map of the Bessemer Coal, Iron and Land Company, be and the same is hereby annulled, and that part of said Huntsville Road and all streets, avenues, and alleys over and across the property aforesaid shall forever cease to be public highways, and all rights of the public, as the result of any dedication or dedications of that part of the Huntsville Road, and of said streets, avenues, alleys, roads and ways through the said property, be and the same are hereby relinquished and abandoned. Approved August 15, 1923.

No. 150.)

AN ACT

(S. 167. Foster.

To authorize the Board of City Commissioners of the City of Tuscaloosa to vacate and close that portion of 22nd Avenue in said City which lies between 12th Street on the North and 13th Street on the South.

Be it enacted by the Legislature of Alabama:

Section 1. That, in order to consolidate the two city blocks bought by the City Board of Education of the City of Tuscaloosa, for school buildings and play grounds, the Board of City Commissioners of the City of Tuscaloosa be and hereby are authorized and empowered to vacate and close to public travel or use that portion of 22nd Avenue in said City, which lies between 12th Street on the North and 13th Street on the South. Provided, however, that said Board of City Commissioners shall pay all damages that may be sustained by any person on account of the vacation of said portion of said Avenue.

Section 2. That the said Board of City Commissioners shall publish any ordinance providing for the vacation of said portion of said Avenue, under authority of this Act, once a week for three consecutive weeks in a newspaper published in the City of Tuscaloosa, and in the publication also give notice to all persons claiming damages by reason of the vacation of said street to file their claims with the City Clerk within thirty days from the date of the first publication. If any claims for damages are presented and the Board of City Commissioners and the claimants do not agree on the amount of the damages. the Board of City Commissioners may proceed either by bill in Equity in the Circuit Court of Tuscaloosa County, or under the general eminent domain laws of the State to have the claims determined.

Section 3. After publication as provided in Section 2 of this Act, and payment of damages ascertained to be due any person, the Board of City Commissioners may adopt said ordinance vacating and closing said portion of 22nd Avenue, and all rights of the public in and to the use thereof as a street or highway shall cease, after the adoption of the ordinance.

Approved August 20, 1923.

No. 151.)

AN ACT

(S. 164. Hutson.

To provide for the institution and prosecution of misdemeanors in the County Court of Morgan County otherwise than by indictment by the Grand Jury, or by affidavit made before the Judge of said Court.

Section 1. Be it enacted by the Legislature of Alabama, That from and after the passage of this Act prosecutions of persons charged with misdemeanors in Morgan County may be begun by affidavit made before the Clerk of the Circuit Court of Morgan County, and that thereupon jurisdiction of the County Court of Morgan County shall attach, and the same shall

proceed to trial and judgment under the same rules and procedure as provided by law in misdemeanor causes in the County Court for Morgan County.

Section 2. Nothing in this Act shall be construed as to in any manner interfere with or affect the prosecution for misdemeanors upon indictment found by the Grand Jury of Morgan County, or by affidavit made before the Judge of the County Court for Morgan County.

Section 3. This Act shall take effect upon its approval by the Governor.

Approved August 20, 1923.

No. 152.)

AN ACT

(S. 268. Ellis.

To establish an inferior court in Precinct 36 in Dallas County, Alabama, in lieu of all justices of the peace, notaries public with powers of justices of the peace, in said precinct, and to define the jurisdiction and powers of said court, and the powers, disabilities and duties of judge thereof, to provide for the execution of the process of said court and the operation thereof, to regulate the procedure in said court, and the appeals therefrom to provide for the appointment of the first judge and the election of succeeding judges, to fix the qualifications and compensation of said judge and the mode of his election, to provide a fund out of which the salary of said judge and the expenses of said court shall be paid, to provide for the appointment of an acting judge in the event the regular judge is unable to serve, to abolish the office of justice of peace and notary public with powers of justice of the peace in said precinct, to provide for transfer to said court from the justice of the peace courts in said precinct of causes within the jurisdiction of such inferior court when established, to provide that the judge of said court may practice law, to provide for the payment of the sheriff's fees, Court established.

Be it enacted by the Legislature of Alabama.

Section 1. That there is hereby established an inferior court in precinct number 36 in Dallas County, Alabama which shall be known and designated as "The Court of Common Pleas of Selma," and which shall be in lieu of all justices of the peace and notaries public with power of justice of the peace, in said precinct. It shall have the jurisdiction now held by justices of the peace or that may hereafter be conferred by law on justices of the peace, or on said court, and the judge of said court shall have and exercise all the power and authority and perform all the duties now prescribed by law, for justices of the peace in said precinct. Said judge shall have the same rights and privileges and the same disabilities and penalties as now apply by law to justices of the peace.

Section 2. Be it further enacted, that there shall be a judge