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No. 69.)

(H. 200. Poole.

AN ACT

To Fix The Salary Of The Deputy Solicitor For Butler County, Alabama.

Section 1. Be it enacted by the Legislature of Alabama, That the salary of the Deputy Solicitor for Butler County, Alabama, be, and the same hereby is, fixed at the sum of Twelve Hundred Dollars ($1200.00) per year, payable in monthly installments of One Hundred Dollars ($100.00) per month, provided, however, that the said salary shall be paid from the fees earned by such solicitor in the County Court, and should the fees so earned in the County Court be less than the sum of Twelve Hundred Dollars ($1200.00) per year, then the salary of the Deputy Solicitor for Butler County, Alabama, shall be the fees earned in the County Court of Butler County for the Calendar year.

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 That all laws and parts of laws in conflict with the provisions of this Act hereby are repealed.

Section 3. That this Act shall go into effect immediately upon its passage and approval by the Governor.

Approved Feb. 10, 1923.

No. 70.)

(H. 109. Travis Williams. AN ACT

To Repeal An Act Entitled: “An Act to regulate the issue of Garnish

ments by Justices of the Peace and Notaries Public with same jurisdiction and powers of a Justice of the Peace, and proceeding thereon when a demand owing for or on account of personal services rendered or to be rendered by the defendant, is sought to be subjected by process of Garnishment in the counties of Colbert and Franklin.” Approved February 21, 1893, In so fa

same relates to or affects Franklin County.

as the

Be it enacted by the Legislature of Alabama:

Section 1. That an Act entitled : "An Act to regulate the issue of Garnishments by Justices of the Peace and Notaries Public with same jurisdiction and powers of a Justice of the Peace, and proceedings thereon when a demand owing for or on account of personal services rendered or to be rendered by the defendant, is sought to be subjected by process of Garnishment in the Counties of Colbert and Franklin;" Approved February 21, 1893, be and the same is hereby repealed in so far as the same relates to or affects Franklin County.

Section 2. That all laws and parts of laws in conflict herewith, be and the same are hereby repealed.

Approved Feb. 10, 1923.

No. 100.)

(H. 28. Howze.

AN ACT

To ratify, confirm, validate and make legal effective and binding, a certain

County warrant issued by Jefferson County, Alabama, at the October 17th, 1921 term of the Board of Revenue, held at Bessemer, in said County; said warrant being dated the 17th day of October, 1921, pay. able to the City of Bessemer for nineteen thousand six hundred sixtyseven and 65/100 dollars ($19,667.65), and payable on demand, the said warrant or voucher being signed by Lacey Edmundson, Pro Tem President of said Board of Revenue and attested or countersigned by J. W. Pickens, clerk, and to require and direct the Treasurer of said Jefferson County, Alabama, to recognize and treat said warrant or voucher No. 1583, in all things, as the legal and valid warrant or voucher of said Jefferson County, Alabama, and pay same with interest thereon from date. Whereas, on the 22nd day of March 1921, the Board of Revenue of Jefferson County, Alabama, did adopt a resolution by which it provided for the building of a paved highway through the city of Bessemer, Jefferson County, Alabama, passing by the Court House, and designating the streets and avenues along and over which said highway should be constructed, the actual construction to be done by the said City of Bessemer, and the County to pay for the construction of twenty feet in width of said highway, which has been done, and,

WHEREAS, At the time of the selection of the route for the said highway the said City of Bessemer, was just completing the paying of a part of the route so selected, and the said Board of Revenue of said Jefferson County, did adopt the following as a part and parcel of said resolution to-wit: “And Whereas, That part of the said route selected for said highway from the A. G. S. Railroad to First Avenue on 19th Street, on First Avenue from 19th to 18th Street, and on 18th Street from First avenue to the West side of Fifth avenue, has recently been paved by the said City of Bessemer, with Warrenite Bitulithic on a five inch concrete base, and it was tentatively agreed by the former Board of Revenue, that the County would pay for twenty feet in width of such paving along the route selected for such highway and make same a part thereof, and we deem it but right and fair that the county should pay for twenty feet in width of such paving already laid along the route of said highway, and thus carry out said tentative agreement: “Now, Therefore Be it further Resolved by the Board of Revenue of Jefferson County, Alabama, that the County shall pay to the said City of Bessemer, the cost of twenty feet in width of said paving so constructed on 19th street, First avenue, and 18th street, along the line of said highway; such payment to be made when the contract is completed and pavement is accepted by the said city." And

WHEREAS, Pursuant to said resolution the County Engineer did make an estimate covering the said paving so to be paid for by said county amounting to $19,667.65, which was submitted to the said Board of Revenue, on said October 17th, 1921, and the aforesaid warrant or voucher was drawn and issued to the said city of Bessemer in payment for the said paving, same having been paid for by the said City of Bessemer, and,

WHEREAS, The said warrant or voucher was duly presented to Mr. M. V. Henry, Treasurer of said Jefferson County, Alabama, for payment, who declined to pay same, after having submitted the legality thereof to his attorney, who advised him that he could not legally pay same on account of the fact that there was no contract existing between the County and the City, at the time the city let the particular contract for the doing of this part of the work, and,

WHEREAS, it is recognized that said warrant or voucher represents a debt that is just and equitable, the only question being the technical invalidity of said warrant or voucher, therefore: Be it enacted by the Legislature of Alabama:

Section 1. That County warrant or voucher number 1583 of Jefferson County, Alabama, issued at the October 17th, 1921 term of the Board of Revenue of Jefferson County, Alabama, Bessemer Division, payable to the City of Bessemer, or order, for the sum of Nineteen Thousand Six Hundred and Sixty-seven and 65/100 ($19,667.65) dollars, dated October 17th, 1921, as for paving work done on Jef. ferson County Highway through the City of Bessemer, to October 17th, 1921, as per contract between the City of Bessemer and Jefferson County, and as per statement attached_to said voucher or warrant of Claud Rogers, County Highway Engineer, and signed by Lacey Edmundson, Pro Tem President, Board of Revenue, and countersigned by J. W. Pickens, clerk, be, and the same is hereby ratified, confirmed, validated and made legal effective and binding as the legal warrant or voucher of said Jefferson County, Alabama.

Section 2. Be it further enacted that the County Treasurer of said County, or the acting treasurer or person, firm or corporation acting as treasurer of said county, be, and he, it or them are hereby required and directed to recognize and treat said warrant or voucher, in all things, as the legal and valid warrant or voucher of said Jefferson County, Alabama, and pay same to said City of Bessemer or its order together with interest thereon at the legal rate, out of such funds as may be available for that purpose. Approved July 27, 1923.

.

No. 102.)

(H. 231. Fanning.

AN ACT

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To repeal an Act entitled “An Act to create a County Highway Commis

sion for Walker County, Alabama, and to define the powers and duties thereof," approved February 15, 1919, as amended by an Act entitled “An Act to amend Section 1 of an Act entitled, 'An Act to create a County Highway Commission for Walker County, Alabama, and to define the powers and duties thereof', approved February 15, 1919", which amendatory Act was approved September 23, 1919. Be it enacted by the Legislature of Alabama:

Section 1. That the Act entitled "An Act to Create a County Highway Commission for Walker County, Alabama, and to define the powers and duties thereof,” approved February 15, 1919, is hereby repealed.

Section 2. That an Act entitled "An Act to amend Section 1 of an Act entitled 'An Act to create a County Highway Commission for Walker County, Alabama, and to define the powers and duties thereof', approved February 15, 1919", which amendatory act was approved September 23, 1919, is hereby repealed.

Approved July 27, 1923.

No. 104.)

(S. 108. Garth.

AN ACT

To amend the caption and Sections 3, 7, 10, 11, 18, 23, and 24 of An Act

approved April 4, 1911, entitled, "An Act to establish in Precinct One, in Madison County, Alabama, an Inferior Court in lieu of all Justices of the Peace, and Notaries Public with the power of the Justices of the Peace, in said Precinct to be known as the Inferior Court of Huntsville, to define the jurisdiction and powers of said Court, and the Judge thereof."

Section 1: Be it enacted by the Legislature of Alabama that the caption of An Act to establish in Precinct Or. , in Madison County, Alabama, an Inferior Court in lieu of all Justices of the Peace, and Notaries Public with the power of the Justices of the Peace, in said Precinct, to be known as the Inferior Court of Huntsville, to define the jurisdiction and powers of said Court, and the Judge thereof, approved April 4, 1911, be amended so as to read as follows: An act to establish in Precinct One, in Madison County, Alabama, an Inferior Court in lieu of all Justices of the Peace, and Notaries Public with the powers of a Justice of the Peace, in the said Precinct, to be known as the Inferior Court of Huntsville, to define the jurisdiction and powers of said Court and the Judge thereof, and to require the Deputy Solicitor of Madison County, to prosecute criminal cases in said Court, and to provide his compensation therefor.

Section 2: That Section 3, of said Act be amended so as to read as follows: Section 3: In addition to the jurisdiction above conferred, said Court and the Judge thereof shall have and exercise civil jurisdiction of Justices of the Peace, in all cases where the cause of action arose, or the defendants reside in Madison County, and criminal jurisdiction of Justices of the Peace, in all cases where the offense is committed in Madison County.

Section 3: That Section 7 of said Act be amended so as to read as follows: Section 7: The Judge shall, at the time of his appointment or election, be learned in the law, at least twentyone years of age, and shall have resided in said precinct at least twelve months preceding his election or appointment. Vacancies in the office of said Judge shall be filled by appointment by the Governor, and such appointee shall hold for the unexpired term of his predecessor.

Section 4: That Section 10, of said Act, be amneded so as to read as follows: Section 10: Said, clerk must keep Civil and Criminal dockets of all cases in said Court as now provided by law, for Justices of the Peace, provided said dockets shall also show an itemized statement of all costs, fees and fines due and collected, and said Clerk shall make a complete statement of all costs, fees, fines and forfeitures due and collected, and quarterly report the same to the Probate Judge of Madison County. Said clerk shall sign and issue all summons and complaints, writs, executions, and other process, make out transcripts, take affidavits, administer oaths, approve bonds in Civil Cases, and perform all other duties not of a judicial character that may be necessary and proper to maintain the jurisdiction, and authority of the said Inferior Court.

Section 5: That Section 11, of said Act, be amended so as to read as follows: Section 11: It is the duty of the County Commissioners of Madison County, or Board of Revenue of Madison County, to provide a suitable room in which to hold said Court, and the necessary stationery and postage shall be paid out of the moneys paid into the County Treasury by the Clerk of said Court, under the provisions of this Act, not to exceed the sum of $25.00 per month, the amount for the rent of said Court room, including said stationery and postage.

Section 6: That Section 18 of said Act be amended so as to read as follows: Section 18: In the absence or disability of the Judge of said Court, the Probate Judge of said County shall appoint a Judge of said Court to serve until the return of the said Judge, or during his disability, who shall be paid the sum of $3.50 per day, as the Judge of said Court is now paid, out of the County Treasury, and said amount deducted from the salary of the Judge, unless said Judge shall file with the Probate Judge, a certificate that his absence was caused by reason of the sickness of himself or of his family.

Section 7: That Section 23 of said Act be amended so as to read as follows: Section 23:

Section 23: The Deputy Solicitor of the Circuit Court of Madison County shall attend said Court and prosecute criminal cases therein, and there shall be taxed in each criminal case, a solicitor's fee, when a conviction is had, in the amount provided by law, and the said solicitor's fee shall be taxed and collected in the same manner as said fees are taxed and collected and paid in the Circuit Court of Madison county, provided that said solicitor's fees in said Inferior Court shall be paid by the Clerk of said Court to the Deputy Solicitor of the

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