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Circuit Court of Madison County, in the sum of $600.00 per annum, provided said amount of fees be collected, payable in monthly installments, any surplus over and above said sum of $600.00 to be paid into the County Treasury of said County, as other fees are directed to be paid, under the provisions of this Act.
That Section 24 of said Act be amended so as to read as follows: Section 24: It shall be unlawful for the Judge of said Court to practise law in any of the Courts of his County, in any cause, which was at any time, in any manner, pending in said Inferior Court, or before him as Judge of said Court.
Approved July 27, 1923.
(H. 13. Henley.
To provide for the residence of persons who are elected as members of the
County Board of Education of Escambia County, and to designate or create the District in which each member of said Board shall reside. and from which they shall be elected. Be it enacted by the Legislature of Alabama:
Section 1. That on and after the passage and approval of this Act, Escambia County shall be and is divided into four Educational Districts No. 1, 2, 3, and 4, each of said Districts shall coincide with, have the same boundary lines, and be the same Districts No. 1, 2, 3, and 4 now in said County from which are elected the four members of the Court of County Commissioners of said County.
Section 2. That one member of said County Board of Education shall reside in and be elected from each of said four Districts by the qualified voters in said District, at the expiration of the several terms of the present members of said County Board of Education, and according as they severally expire; except that the Chairman of said Board may reside in any of said Districts and shall be elected from the county at large by the voters in all of said Districts. That is to say; that at the election in the year 1924 when the term of one of the members of said Board expires, a new member shall be elected on said Board from said District No. 1; that at the election in the year 1926 when the term of two members of said Board expires there shall be elected the Chairman of said Board, by and from the County at large and also one member of said Board from said District No. 2; that in the year 1928 when the term of two members on said Board expires there shall be elected one member on said Board from said District No. 3, and one member on said Board from said District No. 4.
Section 3. That the term of all members elected on said Board under the provisions of this Act shall be six years as now provided by law.
Approved July 27, 1923.
(H. 258. Sessions.
To abolish the office of deputy solicitor of Coffee County, Alabama, and
to repeal all laws general, special or local in conflict with the provisions of this act insofar as they relate to Coffee County, Alabama. Be it enacted by the Legislature of Alabama:
Section 1. The office of Deputy Solicitor of Coffee County is hereby abolished.
Section 2. All laws, general, special or local in conflict with the provisions of this act are hereby repealed insofar as they relate to Coffee County.
Section 3. This Act shall go into effect immediately upon its passage and approval.
Approved July 27, 1923.
(H. 149. Henson.
Empowering the Clerk of the Circuit Court of the County of Washing
ton to take affidavits for the arrest of parties charged with crime and to issue warrants for the arrest of such parties, returnable before the Judge of the County Court. Be it enacted by the Legislature of Alabama:
Section 1. That the Clerk of the Circuit Court of the said County of Washington, is hereby empowered to take affidavits for the arrest of parties charged with the commission of crime in said County, either misdemeanor or felony, and to issue warrant for the arrest of such parties. Such warrants to be returnable before the Judge of the County Court.
Section 2. Be it further enacted, that all laws and parts of laws in conflict with provisions of this Act be and the same are hereby repealed.
Section 3. That this Act shall go into effect immediately upon its passage and approval by the Governor.
Approved July 27, 1923.
(H. 292. Thompson.
To require all fines and forfeitures imposed by any court in Etowah
County upon conviction of any criminal offense against the criminal laws of the State to be paid in cash, requiring such fines and forfeitures to be paid into the fine or forfeiture fund of the County, to provide for the registration and payment of claims against said fund and to appropriate any surplus of such fund to the pubilc road fund of said County and fix penalties for the violation of the Act. Be it enacted by the Legislature of Alabama:
Section 1. That after the passage and approval of this Act that all fines imposed by any Court of Etowah County upon conviction of any defendant for the violation of any state law, and all forfeitures made final, shall be paid in cash and within ten days from the time of collection shall be turned over to the depository of the County funds to the credit of fine and forfeiture fund of the County.
Section 2. That after the passage of this Act all certificates evidencing claims against the fine and forfeiture fund of the county shall be registered by the County Depository separately from claims registered against said fund theretofore registered, and shall have plainly printed or stamped thereon "New Series" and be registered otherwise as such claims have heretofore been registered, provided that no claim shall be registered unless there shall be written or stamped thereon by the officer issuing the same, the words “Defendant not convicted” or “No indictment found” or “Execution against defendant and sureties returned no property found” or “Abated by death of defendant" or "Indictment withdrawn and filed” “Nol Prosequi" or "Escaped," as the facts may be, with the date of such endorsement and the signature of the officer making the endorsement, provided no certificate shall be so endorsed unless presented by the holder within six months after the happening of the event authorizing such endorsement. Provided further that no claim drawn in favor of the officer issuing the same shall be registered until it has been endorsed approved by the President of the Board of County Commissioners of said County.
Section 3. Seventy-five per cent of all money hereafter paid to the county depository to the credit of the fine and forfeiture fund of said county and all money in his hands to the credit of the fine and forfeiture fund at the time of the passage of this Act shall be by said Depository set apart and paid by him to the holder of registered claims against said fund of the new series herein provided for and for the payment of claims against said fund registered as new series under the Act of the Legislature relating to the fine and forfeiture fund of Etowah County approved August 16, 1919 that have been registered at the time of the passage of this Act and such payment shall be made by him to such holder in the order of their registration when and as the money available for this purpose is on deposit with him. The other twenty-five per cent of said fund shall be set apart and used exclusively by said County Depository for the payment of claims against the fine and forfeiture fund of the old series that were registered prior to August 16, 1919 in the order of their registration until all said claims have been paid, and thereafter all fines and forfeitures collected shall be deposited with and used for the payment of claims against the fine and forfeiture fund of the new series by said Depository in the order of their registration and as otherwise provided in this Act.
Section 4. All claims against the fine and forfeiture fund of the new series shall be registered within six months from the time they are entitled to registration and if not so registered shall not be registered or be payable out of the fine and forfeiture fund of the county.
Section 5. All claims against the fine and forfeiture fund paid by the county depository as herein provided shall be marked or stamped paid with the date of payment, and said payment must also be entered upon the record of registration at the place where such claim is registered. All paid claims shall be safely kept by the depository of county funds for not less than one year and until the account showing the payment of such claims shall have been audited as herein provided.
Section 6. The Court of County Commissioners shall on the first of January of each year audit or cause to be audited the fine and forfeiture account and upon any audit if thereby a surplus of such fund not needed to pay registered claims, they may by appropriate order transfer such surplus to the road fund of the County and a copy of such order shall be filed with the county depository who shall then transfer said surplus as directed by the order.
Section 7. Any costs that may be collected after claims therefor have been registered against the fine and forfeiture fund of the county shall be paid over to the county depository to the credit of the fine and forfeiture fund of the county by the officer receiving the same.
Section 8. Any officer collecting any money payable to the County depository under the provisions of this Act who shall fail to pay over such money to the county depository within thirty days after his receipt of the same shall be guilty of a misdemeanor and upon conviction shall be fined not more than Five Hundred ($500.00) Dollars. Such officer shall also be liable personally and on his official bond for the amount he shall so fail to pay over together with five per cent per month thereon for each month he may be in default recoverable at the suit of the County. Any person who violates any other of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law.
Section 9. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
Section 10. This Act shall take effect immediately upon the passage and approval by the Governor.
Approved August 2, 1923.
(H. 274. Blackwell.
To provide for the working, repairing, maintaining and improving the
public roads of Monroe County, Alabama; to prescribe rules and regulations for the same; to provide a per capita road tax in lieu of labor on the public roads of Monroe County, Alabama, and for the collection thereof; for the levying and collection of a license tax for vehicles and motor driven trucks; providing for superintendents of the public roads of Monroe County; providing for the duties of members of the Board of Revenue with reference to public roads and bridges of Monroe County; and prescribing penalties for violation of the provisions of the same.
Be it enacted by the Legislature of Alabama:
Sec. 1. That the Board of Revenue of Monroe County, Alabama, shall at the first regular meeting of said board after the approval of this Act, or as soon thereafter as practical, appoint three enumerators for each of the beats of Monroe County. It shall be the duty of such enumerators as soon as they receive notice of their appointment to make a list of all persons in their beats who are subject to road duty and to file a copy of such list with the member of the Board of Revenue of the district in which such beat is in.
Sec. 2. That all male residents of Monroe County, Alabama, are subject to road duty from eighteen to forty-five years of age, except such persons that are by law exempt, or who have procured a certificate of their exemption from the County Board of Health of their disability to perform manual labor.
Sec. 3. That from and after the approval of this Act, all persons in Monroe County subject to road duty, except persons residing in incorporated towns, are hereby required to perform duty on the public roads of Monroe County, for ten days during each calendar year, in the manner and at the time and under such rules and regulations hereinafter provided. Provided, however, that such persons may relieve themselves of such duty by the payment to the foreman or such other person authorized