heretofore registered with the treasurer of said County be, and the same are, hereby ratified and made legal, and the treasurer of said county is hereby authorized, empowered and directed to pay the same in the order of their registration out of the fine and forfeiture fund of said County.

Approved Sept. 26, 1923.

No. 379.)

AN ACT

(H. 892. Dickinson.

To establish an Inferior Court to be known as the Inferior Court of Autauga County, Alabama, in lieu of all Justices of the Peace and Notary Publics Ex-Officio Justices of the Peace in Prattville Precinct, or Precinct No. 1, of Autauga County, Alabama; to define the jurisdiction and powers of said Court and the Judges and other officers thereof; to provide a place for holding said court, for the terms, salaries and compensation for the Judge and other officers of said court, and the manner of their appointment or election and the payment of their salaries; and to define the jurisdiction and powers of said court and the Judge thereof.

Be it enacted by the Legislature of Alabama:

Section 1. That there is hereby established in and for Autauga County, Alabama, an inferior court of law civil and criminal, in lieu of all Justices of the Peace, and Notary Public, ex-officio Justices of the Peace, in Prattville Precinct or Precinct No. 1 which court shall be known as the inferior court of Autauga County, Alabama.

Section 2. Said court and the Judge thereof shall have and exercise all the jurisdiction now conferred or be hereafter conferred by law on Justices of the Peace in civil and criminal cases, and in addition thereto have concurrent jurisdiction with the several County Courts of the State of all misdemeanors.

In addition to the jurisdiction above conferred, said court and the Judge thereof, shall exercise jurisdiction of Justices of the Peace in all civil cases where the defendant resides in said County of Autauga, and State of Alabama.

Section 4. Said court shall conform to and be governed by the rules of practice and procedure that are now or hereafter may be applicable to Justices of the Peace of this State.

Section 5. Be it further enacted that upon the passage and approval of this Act there shall be appointed by the Governor a Judge for the said court, who shall hold office until the next general election and until his successor is elected and qualified at such general election and every four years thereafter there shall be elected by the qualified voters of Autauga County, a judge for said court. A vacancy in the office of such court shall be filled by appointment of the Governor whose term of

office shall be the unexpired term of his predecessor and until his successor is elected and qualified.

Section 6. The solicitor of said court shall be appointed by the Circuit Solicitor of the Circuit of which Autauga County is a part, and shall hold office at the pleasure of the said Circuit Solicitor.

Section 7. The clerk of said court shall be the Circuit Clerk of the County of Autauga.

Section 8. The judge of said court shall have and exercise in addition to the powers conferred upon him in Sections, two and three of this Act, the right to solemnize the right of matrimony, take affidavits or oaths and take acknowledgements, to deeds and mortgages.

Section 9. The judge of said court shall at the time of his election, be at least 25 years of age, and skilled in the knowledge of law and shall have resided in said County at least 12 months preceding his election or appointment.

Section 10. Appeals may be taken from said court in like manner as appeals are now taken from the Justice Courts to the Circuit Courts of this State and tried de novo.

Section 11. Said judge must keep a civil and a criminal docket of all cases in said court as now provided by law for Justices of the Peace and shall make a complete statement of all costs, fees and fines due and collected and quarterly report the same to the Board of Revenue of Autauga County, Alabama, and to turn over to the clerk of said court all money collected by him and the clerk of said court shall turn over to the County Custodian the said money and take a receipt for same and report the same to the Board of Revenue. The Judge of said Court shall sign and issue all warrants, summons and complaints. writs, executions, and other processes.

Section 12. The clerk of said court shall issue all subpoenas, make out transcripts, and perform such other duties as may be necessary to maintain or perfect the duties of his office.

Section 13. The solicitor of said court shall represent the interest of the State of Alabama in all prosecutions before the said court and to perform such other duties as are now prescribed by law in the County where County Court has not been abolished, and he shall receive a salary of $600.00 per annum to be paid in the same manner and out of the same funds as the judge of said court.

Section 14. It shall be the duty of the Board of Revenue of Autauga County, Alabama, to provide a place for the holding of said court.

Section 15. The fees and costs of said court shall be the same as are now allowed in Justice of the Peace Courts of this State except as otherwise herein provided and shall be collected

by the judge of said court. All the costs, fees, fines and forfeitures collected by him shall be paid to the clerk of the said court. The money so paid to the clerk shall be paid by him to the County Custodian and kept as a separate fund to be known as the "Inferior Court Funds" and must be kept separate and apart from the other funds of said County.

Section 16. The owner of any judgment rendered in this court created by this Act, may file in the office of the Judge of Probate of Autauga County, Alabama, as is provided by law in the Circuit Courts of the State, a certificate of such judgment, which shall be in the same form as required in the Circuit Court and the same shall operate as a lien in the same manner as judgment recorded from the Circuit Court.

Section 17. The judge of said court shall receive a salary of $720.00 per annum to be paid monthly upon the warrant of the County Custodian drawn and payable out of the "Inferior Court Funds" and shall not be a claim against any other funds of the County.

Section 18. It shall be the duty of the Grand Jury of the County wherein said court is located to examine the books and papers of the judge of said court and report the condition of the same to the Judge of the Circuit Court of said County.

Section 19. Judge of said court shall be impeached and removed from office in the same manner and under the same procedure as Justices of the Peace in this State are now removed or impeached.

Section 20. In the absence or disability of the judge of said court, the Probate Judge of said County shall appoint a competent person to serve until the return of said judge or during his disability, who shall be paid the sum of $3.00 per day to be paid out of the Inferior Court Funds.

Section 21. The sheriff shall be the officer of said court and it is hereby made his duty to execute and make due returns thereof of all processes issued out of said court and he shall be entitled to receive the same fees as are now or hereafter may be allowed by law for such services.

Section 22. The clerk of said court shall receive in all criminal cases the same fee as are now allowed the clerk of the several county courts of this State.

Section 23. The solicitor of said court shall attend said court and prosecute all criminal cases and there shall be taxed in each case not otherwise provided for, a solicitor's fee when a conviction is had in the amount provided by law for circuit solicitors and solicitor's fee shall be taxed and collected in the same manner and in the same way as fees are now collected in the Circuit Courts of this State, and said fees shall be paid by the judge of this court to the clerk of the court who shall

in the same manner as heretofore provided, pay to the County Custodian said fees. Provided, however, there shall be no solicitor's fee to be taxed in any case wherein Justices of the Peace as now provided by law, have final jurisdiction, when the defendant pleads guilty in said court.

Section 24. The said court shall be open at all times for the trial of cases and the taking of orders. And any defendant in person or by attorney, against whom a charge is brought in said court, may have his trial on any day he may desire by giving notice to the court of such day he wishes to have his trial.

Section 25. It shall be unlawful for the judge of the said court to participate in the trial of any case, which was appealed from the said court. And it shall also be unlawful for the solicitor of said court to defend any case or person prosecuted by him in the said court on appeal to the Circuit Court.

Section 26. The judge of the said court shall be liable for the same fine and penalties as Justices of the Peace are subject, for a failure to perform the duties of his office.

Section 27. Be it further enacted that if any section or provision of this Act shall be declared unconstitutional, it shall not effect or destroy the validity or constitutionality of any other section or provision herein, which is not in and of itself unconstitutional.

Section 28. That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved Sept. 26, 1923.

No. 381.)

AN ACT

(H. 937. Culver.

To require the city council of the city of Gadsden to divide the city into five wards and to provide for the election of one alderman from each ward and a mayor at the next general municipal election of the city of Gadsden to be held as now provided by law and to provide that said mayor and five aldermen shall constitute the governing board of the City of Gadsden on and after the first day of October, 1924 and to fix their term of office, their compensation and their duties and provide for the selection by the city council of a city attorney and fix his compensation.

Be it enacted by the Legislature of Alabama:

Section 1. That on or before the first Monday in May 1924 the City Council of the City of Gadsden shall divide the territory embraced within the corporate limits of the City of Gadsden into five wards in such a manner as that as nearly as practicable in their judgment each ward shall contain the same population;

Section 2. That at the next general municipal election to be held at the time and in the manner now provided by law there shall be elected by the qualified voters of the City of Gadsden at large five aldermen, no two or more of whom shall be residents of the same ward, the one Mayor who shall hold office for a period of two years and until their successors are elected and qualified, and every two years thereafter at the time fixed by law there shall be elected in like manner five aldermen and a Mayor by the qualified voters of said city;

Section 3. Said mayor and five aldermen after their election shall qualify as such officers in the manner now provided by law and thereafter shall constitute the governing Board of said city under the name Mayor and Board of Aldermen of the city of Gadsden and shall have and exercise all the rights, powers, duties, and authority provided by the general law for the governing bodies of cities of this State;

Section 4. The Aldermen of the city shall receive for their services a salary of Twenty-Five ($25) Dollars per month and the mayor shall receive a salary of Two Hundred and Fifty ($250) Dollars per month. The Mayor shall be required to give his entire time to the duties of his office and as chief executive of the city shall supervise and direct the activities of all its departments under the law and the ordinance of said city and shall see that all its activities are carried on in an efficient, economical manner and make such reports and recommendations to the City Council from time to time as he may deem necessary or as may be called for by the City Council for the purpose of receiving a wise and economical administration of the city's affairs.

Section 5. The mayor of said city shall exercise the duties of recorder and try all prosecutions for the violation of the ordinances of the city and have and exercise such powers and authority as are now conferred by law on mayors or recorders of the cities of the State.

Section 6. The mayor and Board of Aldermen may elect a city attorney and fix his salary and prescribe his duties.

Section 7. No person shall be employed in the service of the city who is related by blood or marriage to any elective officer of the city as closely as first cousin or closer.

Section 8. The mayor shall preside at all meetings of the City Council, but he shall not be permitted to vote on any pending question except in the case of a tie.

Section 9. The present City Council shall call an election not later than the first Monday in April 1924 at which the qualified voters of the city shall vote for or against the plan of city government provided for in this Act and if the result of said election be against the form of city government herein proposed this Act shall not take effect and the officers as now provided