The age-herald. [volume], March 14, 1901, Page 7, Image 7

About The age-herald. [volume] (Birmingham, Ala.) 1897-1902

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GENERAL LAWS
ENACTED BY THE GENERAL
ASSEMBLY OF ALABAMA,
SESSION 1900-1901,
No. *16. AN ACT 8. 114.
To amend sections 2, 3, 4, 5, G, 8, 9, 12 and
14 of an act entitled an Act to eitab
Msh a uniform system for the examine.
N tlon and licensing of teachers of pub
lic schools, approved February 10, 189ft.
Section 1. Be it enacted by the General
Assembly of Alabama, That section 2 of
an act to establish a uniform system for
the examination and licensing of teach- j
ers of public schools, approved February
10, 1S99, be, and tho same is, hereby
amended so as to read as follows: That
the said State Board of Examiners shall
meet during the months of November and
May of each year, and shall prepare- ques
tions for the examination of teachers.
See. 2. Be It further enacted, That sec
tion 3 of said act be amended so as to
read as follows: That the president of
the State Board of Examiners shall cause
Mats of tho questions so prepared to he
printed, and shall, on or before the 15th
day of December and June of each year,
send to each person appointed to con
duct examinations in the counties of the
State a sufficient number of the lists of
questions so prepared and printed for the
conducting of the examinations in their
respective counties as hereinafter pro
vided; that the questions so sent shall be
enclosed In a sealed envelope, on the back
of which shall be plainly written or print
ed the words, “Questions for the exami
nation of teachers." The seal of »ald en
velope shall not be broken except as here
inafter provided.
Section 3. Be it further enacted. That
section 4 of said act be amended so us
to read us follows: That the first Mon
day in Januuary and July be appointed
for tho examination of teachers. The ex
amination may be continued from day
to day for three consecutive days. If such
continuance shall be necessary for tht
completion of the work of examination,
but no examination shall be begun on any
other day than the first day mentioned
in this section. No examinution shall be
held at any other time. Provided, that
the State Board of Examiners may bold,
at the Department of Education in Mont
gomery, special examinations for the
benefit of persons who are prevented
from taking the regular examination by
sickness, absence from the State, or oth
er unavoidable cause. Each person tak
ing a special examination shall pay to
the State- Board of Examiners a fee of
five dollars. Special examinations shall
be equal In all respects to the regular
examinations. Provided further, that in
order to accommodate normal school pu
pils who are required by this act to take
the State examination, the State Board of
Examiners may hold at such times and
places as they may deem advisable an
examination for these pupils, and at such
examination the regular fees shall be
paid by applicants, and no person r.ot a
bona fide matriculate of a normal school
shall be admitted ho the examination.
Sec. 4. Be it further enacted, That sec^
tlon 5 of said act be amended so as to
read as follows: That the regular exam
ination shall bo conducted in each coun
ty by the Superintendent of Education
of the same, unless for good and substan
tial reasons the said State Board of Ex
aminers shall deem it best to select for
this service another person appointed for
that purpose by the State Board of Ex
aminers, and if he shall be unable, by
reason of sickness or other unavoidable
necessity, to conduct the same, then by
some other competent person appointed
for that purpose by him. Said examina
tion shall begin at 10 o’clock a. m. of the
day appointed by section 3 of this act,
at which hour the person appointed to
conduct the examination shall, in the
presence of the applicants for examina
tion, break the seal of the envelope con
taining the lists of questions, and shall
distribute the questions among the ap
plicants. All the applicants shall under
go the examination in the same room, or
In sight of the person appointed to con
duct the examination. Provided, that the
provisions of this act referring to the spe
cial examination of normal school stu
dents shall apply only to those who had
graduated prior to the passage of this
act.
Sec. 5. Be It further enucted, mm
section 6 of said act be amended so as
to read as follows: That each applicant
for examination shall, before entering
upon the examination, deposit with the
person appointed to conduct the examina
tion m» examination fee as follows: An
applicant for a third grade certificate, a
fee of one dollar; an applicant for a sec
ond grade certificate, a fee of one and
one-half dollars; an applicant for a first
grade certificate, a fee of two dollars;
an applicant for a life certificate, a fee
of three dollars. The fees received from
the examination of teachers at regular
examinations shall be paid into the State
treasury to the credit of the educational
fund, and the State Auditor shall, on the
requisition of the Superintendent of Edu
cation, issue warrants on the State Treas
urer to be paid out of the educational
fund for the purpose of carrying out the
provisions of this act, such as the pay
ment of expenses for postage, for ex
pressage, for clerk hire, for State Board
of Examiners only, for the per diem of
the State Board of Examiners, for paying
county conductors and for other inci
dental expenses incurred In carrying out
the provisions of this act. The appoint
ed members of the State Board shall re
ceive five dollars per day, Including Sun
days, for the time they are engaged in
conducting the examination of teachers
under this act. The County Supertntend
l ent or persons appointed to conduct the
examination in each county shall receive
ten dollars for his services in conducting
each examination. Provided, that as the
available educational fund was apportion
ed October 1, 18(10, an amount equal to the
bulance after deducting the expenses re
ceived from the examination fees since
March 1, 1899. shall be immediately avail
able from the educational fund for the
purpose of paying the expenses provided
for In this act.
Sec. 6. Be it further enacted. That sec
tion 8 of sold act be amended ao as to
read ns follows: That unless the appli
cant Is known to tire person appointed to
conduct the examination to be of good
moral character, or shall make satisfac
tory proof of the same, which proof shall
be In writing, he shall not be admitted
to tile examination. Any one who habit
ually uses profane language or Intoxicants
s shall be deemed of Immoral character.
Sec. 7. Be !t further enacted, That sec
tloh 9 of said act be amended so us to
read ns fallows: That there shall be
three grades of teachers* certificates, be
sides the life certificate hereinafter pro
vided, to be known as certificates of the
first, second and third grades, each of
which must show the branches in which
the holder has been examined, his rela
tive attainments therein and his general
average. In no case shall an applicant
for a certificate receive the same who
falls to answer 50 per cent, of the ques
tions propounded in any branch, and
whose general average Is below 75 per
cent. Every teacher in the public school
must obtain a certificate prior to his em
ployment.
Sec. 8. Be it further enacted, That sec
tion 12 of said act be amended so as to
read as follows: That when an applicant
shall have completed his examination h€
shall write his name and address on each
paper of the same and deliver the same
to the person appointed to conduct the
examination, who shall enclose the pa
pers of each applicant In a separate en
velope, together with his certificate of the
good moral character of the applicant or
the written proof of the same, on which
he admitted the applicant to examina
tion, and shall transmit the same to the
Secretary of State Board of Examiners
without delay.
Sec. 9. Be it further enacted, That sec
tion 11 of said act be amended so as to
read as follows: That all examination
papers shall be kept on file in the office
of the Superintendent of Education sub
ject to public Inspection for six months.
That any person who purloins, steals,
buys, receives, sells, gives or offers to
buy, give or sell any examination ques
tions or copies thereof before the date of
examination for which they had been
prepared shall be guilty of a misdemean
or, and upon conviction thereeof shall be
fined not less than one hundred dollars,
and may also ho sentenced to hard labor
for the CUM.. V for not less than six
months.
Sec. 10. Be It further enacted. That the
provisions of this act as to the time of
holding examinations shall not be effect
ed till the first day of April, 1901; pro
vided, that the provisions of this act shall
not be construed so as to apply to sepa
rate school districts of two thousand In
habitants or more having authority at
present by their charters to examine their
teachers.
Sec. 11. Be it further enacted, That all
laws and parts of laws, both general and
special. In conflict with the provisions of
this act are hereby repealed.
Approved February 8, 1901.
(Official.) ROBERT P. McDAVlD,
Secretary of State.
No. 333. AN ACT S. 255.
To appropriate $600 to enable the door
keepers of the Senate and House to pay
the incidental expenses of the two
Houses.
Section 1. Be it enacted by the General
Assembly of Alabama, That $600 be, and
the same is, hereby appropriated out of
any moneys in the treasury not other
wise appropriated for the purpose of en
abling the doorkeepers of the two Houses
of the General Assembly to defray the
‘cost of preparing the two Houses for the
use of the General Assembly and for pro
viding other necessities for the use and
comfort of the Assembly.
Sec. 2. Be it further on-acted. That the
Auditor of the State Is hereby authorized
to honor the warrants of the doorkeepers
of each of the two Houses for $300 each,
or ho much thereof as may be necessary
for the purposes above set forth.
Approved February 9, 3901.
(Official.) ROBERT P. McDAVID.
Secretary of State.
No. 334. AN ACT S. 167.
To authorize the removal of oysters from
Alabama reefs for use In canning with
in the State of Alabama by certain cit
izens of the State.
Section 1. Be it enacted by the General
Assembly of Alabama, That any person
or corporation, being a bona fide resident
and citizen of Alabama for one month or
more, and engaged in the business of can
ning oysters within the said State, may
employ or contract with any person or
persons, whetheer residents of Alabama
or not, to catch and remove oysters from
any oyster reef within the State for use
in the conduct of such business, and may
use such oysters In such business as their
own property. Provided, that the county
of Baldwin shall be exempted from the
provisions of this act.
Sec. 2. Be it further enacted. That it
shall be lawful for any person under such
employment or contract to catch and re
move oysters from any of the public reefs
of the State for use In said,canning busi
ness, as well as from all private reefs,
from the owners or proprietors of which
such person, persons or corporation so
engaged in such tanning business shall
have first obtained a lieenrte to catch and
remove such oysters; provided, howev
er, that R shaU not be lawful for any
person under such employment or coh
tract who Is not a resident of this State
to cutch and remove oysters from any
public or private reefs in the State ex
cept for use in such canning business as
aforesaid; and provided further, that
nothing herein contained shall exempt
any person engaged in the business of
catching, removing or canning oysters as
provided In this act from the (iteration
of any existing law providing for ihe
proper culling and preservation of oys
ters and for the protection of the reefs
of this State.
Sec. 3. Be it furthef provided, That tho
provisions of this act shall not apply to
the county of Baldwin.
Sec. 4. Be it further enacted, That all
laws or parts of laws so far only us they
may conflict with the provisions of this
act be, and the snme are, hereby repeal
ed.
Approved February 9, 3901.
(Official.) ROBERT P. McDAVHD,
Secretary of State.
No. 357. AN ACT 8. 89.
To amend section 2937 of the code of Ala-:
bamu.
Section 1. Be It-enacted by the General
Assembly of Alabama, That section 2937
of the code of Alabama be amended so
as to read us follows: "2937 (1486) (1763)
(1220) mode of incorporating a town.
When the inhabitants of a town not In
corporated, the population of which Is
not less than one hundred nor more than
three thousund, shall desire to be organ
led into u town, they may file with the
Judge of the probate court of the county
in which they reside a petition In writing,
signed by fifty or more qualified electors,
who reside within the boundaries of the
proposed town, and who are also house
holders and free-holdera therein, stating
the name and the boundaries of the
town proposed to be Incorporated."
Approved February 11, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 416. AN ACT H. 994.
To provide for repairing and refurnishing
the capitol and keeping the grounds In
order.
Section 1. Bo It enacted by the General
Assembly of Alabama, That the sum ot
two thousand AVe hundred dollars Is here
by appropriated for the calendar year
1901, and a like amount for the calendar
year JOOff, or so much thereeof as may be
necessary for repairing and refurnishing
the Capitol and for keeping the capltol
grounds in order. The money hereby ap
propriated Is to be paid by the Treasurer
out, of any moneys In the treasury not
otherwise appropriated on the warrant of
the Auditor in payments of accounts ap- j
prcved by the Governor.
Approved February 14. 3901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 423. AN ACT H. 934.
To constltutue the Railroad Commission
ers of Alabama an advisory pardoning
board to whom the Governor may sub
mit for preliminary examination of and
advice upon applications for the par
don or commutation of sentence of con
victs sentenced for felony.
Section 1. Be It enacted by the General
Assembly of Alabaman, That whenever
application Is made to the Governor for
the pardon or commutation of sentence
of any convict sentenced for a felony, he
may at once refer the Fame with all the
recommendations and »ny other papers
accompanying It to the Railroad Commis
sioners of Alabama as an advisory par
doning board for such action ns Is here
inafter provided.
Sec. 2. Be It further enacted, That in
addition to the duties now devolved up
on said railroad commissioners, they
shall he required, when any application
for pardon or commutation o? sentence
is referred to them, to carefully examine
and thoroughly Investigate the same, and
to report in writing, within thirty days
from the time the same Is referred to
them, to the Governor their findings as
to the merits of such application and the
grounds thereof, and In such report they
shall approve or disapprove such appli
cation, or make such other recommenda
tion as to the same as may seem to them
advisable. Provided, that the time for
making such report may Ik* extended by
the Governor.
Sec. 3. Be It further enacted, That said
board shall have authority to call upon
any Judge cr solicitor or other public of
ficer of the Stale for any information or
recommendation which may seem to thorn
necessary or advisable In their considera
tion of any application so referred to
them, and It shall be the duty of the per
son so called on to furnish the same
forthwith.
Bee. 4. Be It further enacted, That at
the end of each fiscal year said board
shall make to the Governor a written re
port of the applications so acted upon by
them, showing the name and residence of
each applicant, of what crime convicted,
the sentence therefor, and, In brief, their
recommendation in the case, which re
port shall be printed and submitted by
the Governor to the General Assembly
with his biennial message.
Sec. 5. Be it further enacted, That said
board shall not receive any compensa
tion for their services under this act oth
er than that already allowed to them ns
such railroad commissioners, and the
clerk now allotted to them by law shall
perform for them, without additional
compensation, all such clerical service
ns may be necessary In their execution
of the duties imposed upon them by this
act.
Approved February 14, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 424. AN ACT H. 1031.
To appropriate a sum of money to pay
for the stationery and stationery sup
plies used by the General Assembly dur
ing this present session.
Section 1. Be it enacted by the General
Assembly of Alabama, That the sum of
one thousand ($1,000) dollars, or as much
thereeof as may be necessary, be, and the
same Is. hereby appropriated out of the
monies In the treasury to pay for the
stationery and stationery supplies used
by the General Assembly and the em
ployes thereof during this present session.
Sec. 2. Be it further enacted, That the
Auditor is hereby authorized to issue his
warrants for such amounts as may be
certified to by the Secretary of State.
Approved February 14, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 474. AN ACT S. 59.
To amend section 4226 of the code.
Be It enacted by the Genernl Assembly
of Alabama, That section 4228 of the code
be amended so as to read as follows: Sec
tion 4226. Sale of other freight to pay
charges, when any other freight than
that mentioned in the preceding section
remains unclaimed for sixty days after
Its arrival at the place of destination,
the same may be sold by th“ carrier or
his agent at public outcry to the highest
bidder for cash at some public place with
in the State of Alabama, after notice In
dicating the nature of the package, the
consignee and the time and place of sale,
has bean given for three weeks by pub
lication once a week In some newspaper
published at the place of sale, or If no
such paper Is there published, by posting
the notice at three public places therein;
but before any sale can be made under
this section the carrier most, before giv
ing notice of the sale, demand payment
of the charges due thereon from the
owner or consignee, if either of them re
sides at the plnce of destination: but If
neither of them resides at such place,
failure to make such demand shall not
preveent tho sale; but notice of such sale
shall be given the consignor, when known,
by moll.
Approved February 19. 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 488. AN ACT 8. 419.
To amend section 3303 of the criminal
code of 1S96.
Be It enacted by the General Assembly
of Alabama, That section 5605 of the.
criminal code of 1896 be so amended as to
read as follows: Enticing away servants
laborers, renters or share-croppers under
written contract. Any person who know
ingly Interferes with, hires, employs, en
tires away or Induces to leave the ser
vices or rented premises of another, or
attempts to hire, employ or entice away
or induce to Jeave the services of an
other. any laborer, servant, renter, or
share-cropper, who has contracted In
writing with another person for any
given time not to exceed one year, before
the expiration of the time so contracted
for, or who employs or entices away, or
induces any minor to leave the services
of any person to whom such services are
lawfully due, without the consent of the
party employing or to whom such ser
vice Is due, given Ip writing or in the
presence of some credible person, must
on conviction be fined not less than fifty
1150.00) dollars, nor more than five hun
dred dollars, at the discretion of the Jury,
and In no case less than double the dam
ages sustained by the party whom such
laborer, servant, renter err share-cropper
was Induced to leave. One half to the
party sustaining such damages and the
other half to the county. Providing that
the provisions of this act do not apply
to the counties of Covington, Jefferson,
Dekalb. Blount, Lauderdale, Conecuh,
Lawrence, Cherokee, Marshall, Coosa.
Baldwin, Butler, Escambia, Clay, Cull
men, Colbert, Etowah. Fayette and
Franklin.
Approved February 27th. 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 476. AN ACT S. 626.
To establish a department of archives
and history for the State of Alabama,
to prescribe its functions and duties,
and to provide for Its maintenance.
Section 1. Be It enacted by the General
Assembly of Alabama, That there is es
tablished for the State of Alabama a "de
partment of archives and history," to be
located In the State eapitol In apartments
to be set aside for Its use by the Gov
ernor; and the ebjects and purposes of
the said department are the care and cus
tody of official archives, the collection of
materials bearing upon the history of
the State, and of the territory included
therein, from the earliest times tlm com
pletion and publication of the State's of
ficial records and other historical mate
rials, the diffusion of knowledge In ref
erence to the history and resources of
the State, the encouragement of historical
work and research, and the performance
of such other acts and requirements as
may be enjoined by law.
Sec. 2. Be It further enacted (1). That
said department shall he under the con- j
trol of a board of nine trustees, one from
each Congressional district, r.nd the nnmes
of the said trustees, with their particular
terms of service, are as follows, viz:
Peter J. Hamilton, for the First Con
gressional district, to serve for two
years; Jefferson M. Falkner, for the Sec
ond district, to serve two years; \V. D.
Jelks, for the Third district, to serve two
years; J. II. Johnson, lor the Fourth dis
trict, to serve four years; W. II. Blake,
for the Fifth district, to serve four years;
Henry B. Foster, for the Sixth district, to
serve four years; Oliver D. Street, for the
Seventh district, to serve six years; Will
iam Richardson, for the Kighth district,
to serve six years, and Samuel Will John
for the Ninth district, to serve six years,
the beginning of the several terms of
service for the purposes of this net to he
January 1, 1601. (2). The said board shall
have the power and authority to 1111
vacancies occurtTig therein, whether by
expiration of term of service, or by death
or resignation, but the names of all new
ly elected members shall bo communica
ted to the next ensuing regular session
of the Stute Senate for confirmation, and
In case it shall reject any of the said
newly elected trustees, It shall proceed
forthwith to 111! the vacancy or vacan
cies by an election. (3) All trustees ap
pointed to succeed the present members
or their successors whose respective
terms shall have fully expired shall serve
for a term of six years, and appointees
to fill vacancies by death or resignation
shall only serve out the unexplred terms
of their predecessors. (4) The said board
shall, within ten days after the approval
of this act, proceed to organize said de
partment. It shall hold at the State cap
Itol at least one regular meeting during
the year, and as many special meetings
ns may be necessary, and at said meet
ings live members shall constitute a quo
ruum. (6) The Governor of the State
shall be ex-offlelo a member of the said
hoard, and he shall, so fnr as possible,
lend every encouragement to the success
and upbuilding thereof. (6) The director
hereinafter provided shall be the secre
tary of the board. (7) The trustees shall
receive no compensation for their ser
vices other than the amounts of their
traveling expenses actually paid out
while In attendance on the meetings of
the board or on the business of the de
partment. (8) The said board Is empow
erccl to adopt rules for Its own gov em
ment, and ulso for the government of
the department; to elect a director and
to provide for the selection or appoint
ment of other officials or employes, as
may be authorized; to provide for the
publication of historical material pertain
ing to the State under the supervision of
the director; to have the direction and
control of the marking of historic sites,
or houses, and the exploration of pre
historic and Indian mounds ttnd other re
mains existing In the State; to control
and expend ruch appropriations as may
be made for the maintenance of the de
partment, and to do and perform such
other acts and things as may be neces
sary to carry out the true Intent and pur
Dose of this act.
Sec. 3. Be It further enacted. (It That (ho
department shall be under the immediate
management and control of a director,
to be elected by the board of trustees,
whose term of service shall be six years,
and until his successor Is elected and
qualified. (2) He shall take an oath of of
fice as other public officials, and shall be
commissioned In like manner. (3) He
shall devote his time to the work of the
department, using his best endeavors to
develop and build It up. so ns to carry
out the design of Its creation, and shall
receive for his services the sum of eigh
teen hundred (*1,S00) dollars per annum,
pnyable monthly, as other State officials,
and a continuing appropriation for the
Bald annual salary Is hereby made. (♦.) He
shall have the control and direction of
the work and operations of the depart
ment; he shall preserve Its collections,
care for the official archives that may
come Into Its custody, collect as far ns
possible all materials bearing tlfon the
history of the State and of the territory
Included therels, from the earliest times,
prepare the blennlnl register hereinafter
provided, diffuse knowledge In reference
to the history und resources of the State;
and he is charg'd with '.he particular
duty of gathering data concerning Ala
bama soldiers In the war between the
States. (6) He shull make an annual re
port to the hoard of trustees, to be by
them transmitted lo the Governor, to be
accompanied by such historical papers
und documents as may be deemed of Im
portance by him. and the director shall
contract for the printing und binding of
the said report, which shall be paid for
cs other public printing nnd binding.
(6) He shall prepare for the press, con
tract for and supervise the publication
of volume two of the Report of the Ala
bama History Commission, the said vol
ume to be similar to volume one of said
Report as to printing, paper and binding,
and to be paid for out of the public
printing fund to be available after Oc
tober 1, 1901.
Sec. 4. Be ll further enacted. That any
State, county or other official la hereby
authorised and empowered in his discre
tion to turn over to the department for
permanent preservation therein any of
clal books, records, documents, original
papers, newspaper (lies and printed books
not In current use in their offices. When
so surrendered copies therefrom shall be
made and certified by the director upon
the application of any person Interested,
which certification shall have all the force
and effect ns if made by the officer orig
inally in the custody of them and for
which the same fees shall be charged, to
be collected In advance.
Sec. 5. Be it further enacted, That an
officlul and statistical register of the
Stnte of Alabama shall be compiled every
two years by the director; to contain:
(1) Brief sketches of the several State
officials, the members of Congress from
Alabama, the Supreme Court Judges, the
memberes of the Senate and House of
Representatives of the State of Alabama;
(2) rosters of all State and county offi
cials; (3) lists of all State Institutions,
with officials; (4) State and county popu
lation and election statistics, and (6) mis
cellaneous statistics; and said register
shall be published In an edition of one
thousand copies for free distribution, the
printing and binding to be paid for as
other printing and binding hereinbefore
provided.
See. G. Be it further enacted, That the
department is charged with the duty of
making special effort to collect data In
reference to soldiers from Alabama In
the war between the States, both from
the War Department at Washington and
also from private individuals, and to
cause the same to be prepared for pub
lication as speedily as possible.
Sec. 7. Be It further enacted, That In
addition to the salary of the directors
hereinabove appropriated, the sum of
seven hundred ($700) dollars annually Is
hereby appropriated for the maintenance
of the said department# and the Auditor
is hereby authorized to draw his warrant
on the State Treasurer for the whole or
any part of the said amount in such
sums and In such manner as may be
authorized by the board of trustees. All
printing, blanks, circulars, notices or
forms which may be needed for the use
of the said department that may be em
braced in class four of ihe public print
ing act shall be executed by the public
printer, and shall be paid for as other
official work done by him.
Approved February "7. ICO).
(Official.) ROBERT P. McDAVTD,
Secretary of State.
No. 489. AN ACT S. 335.
To amend subdivision 2 of an act entitled
an act to amend section 617 of the Code
of Alabama of 1896, approved the 5th
day of December, 1900.
Section 1. Be it enacted by tho General
Assembly of Alabama, Tliat subdivision
2 of an act entitled an act to amend sec
tion 627 of the (’ode of Alabama of 1896,
approved the 5th day of December, 1900,
be, and the same Is, hereby amended so
as to read as follows: “Subdivision two
(2): On the filing of the application the
court must make and enter an order ap
pointing a day for the hearing thereof;
and if the owner of the land resides with
in the State, must issue notice to him of
tlie application and of the day for the
hearing thereof, which must be served by
the sheriff or other legal officer at least
ten days before the appointed time for
the hearing; if the owner be unknown, or
if be resides without the State (or has
been absent from the State or beyond the
jurisdiction of the court In which the
application Is made for six months next
before the time of the filing of the appli
cation In said court>, notice may be given
by advertisement In any newspaper pub
lished In the county, or if there be no
newspaper published In the county, by
posting notice at the court house door
and three other public places at least
three weeks before the day appointed for
the hearing. Jf the owner be an infant
or of unsound mind, notice must be
served on his guardian, If any he have,
resident in the State, blit If he resides
In the State and has no such guurdlan,
then upon the person who may have him
in charge or with whom he may reside. If
the owner be dead and the lands are in
the possession or under the control of his
personal representative notice must be
served on such representative and on the
heirs at law’ of the decedent.
Approved February 27 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 512. A RESOLUTION. 8.J.R. 6.
Whereas, it is deemed of vital Import
ance to preserve the forest along the
head waters of the Coosa river and
streams tributary thereto, and other
Southern rivers, and also to establish
and maintain a national park and game
reserve In the eastern portion of the
United States within ensy reach of the
densely populated cities and sections of
the East; and
Whereas, the westeren portion of North
Carolina and a small territory within the
States of Tennessee and Georgia, com
prising what is known as the Southern
Appalachian mountains, or the Great Iron
or Smoky mountains, is most eminently
adapted for the purpose of a national park
because of the grandeur and beauty of
its natural scenery and the sulubrlous
and health-giving properties of its cli
mate, as well as by its location; and
Whereas, it Is the sense of the General
Assembly that the establishment and
maintenance of such a park within the
territory named will be a project worthy
I of the national government and will con
tribute largely to the health, comfort and
pleasure of the people, as well as to the
protection of all rivers and water sources
which head there; now th«n.
Be it resolved by the Senate of Ala
bama. the House concurring:
1. That we do hereby heartily endorse
and approve of the enterprise Inaugu
rated by the Appalachian National Park
Association of Asheville, N. C., for the es
tablishment of a nationul park within the
territory mentioned In the preamble
hereto and hereby earnestly request our
Senators and Representatives in the Con
gress of the United States to use all hon
orable means to aid. foster n:id encourage
the establishment of the park above men
tioned. and to support the bill known as
S. B. 551K. Introduced in the United States
Senate b> Senator Pritchard of North
Carolina, entitled *‘A bill for the pur
chase of a national forest reserve In the
Southern Appalachian mountains.”
Resolved second, That the Secretary of
the Senate and the Clerk of the House,
respectively, transmit a certified copy of
these resolutions to our Senators and
Representatives in Congress, under the
respective seals of the Senate and House
j of Representatives.
Approved February 27, 1901.
(Official.) ROBERT P, MeDAVID,
Secretary of Stute.
I No. 513. A RESOLUTION. S .J. R. 5.
A resolution memorializing Congress In
regard to the further Improvement of
the Chattahoochee, Flint and Appalach
icola rivers and Appalachlcola bay.
Whereas, In recognition of the value
and Importance of the Chattahoochee,
Flint and Appalachlcola rivers to the
commerce of the country at large, and
especially to the commerce of the Stales
of Alabama, Georgia and Florida, the
government of the United Suites has from
time to time expended considerable mon
ey in the Improvement of mild rlverR;
and f
Whereas, In order that the desired re
sults may be obtained from such expendi
tures and improvements heretofore mnde,
it is necessary for the Improvements to
bo made, and especially at West Pass en
trance to Appnlaehtcola bay: therefore,
be it
Resolved by the Senate and House of
Representatives of the State of Ala
bama, in general assembly met, That it
is of vital Importance to the commerce
of said States that said further Improve
ments be madp.
Resolved further, That our Senators
and Representatives in the Congress of
the United States be requested to urge
•upon Congress the importance and ne
cessity of such Improvements, and espe
cially the Improvements und deepening of
said West Pass entrance at Appalachl
cola, Florida.
Approved February 27, 19)1.
(Official.) ROBERT P. McDAVID,
Secretary of*State.
No. 540. AN ACT II. 1072.
To provide for furnishing the Auditor’s !
office with steel file coses and recepta
cles for records, and to appropriate
three thousand five hundred ($1,500)
dollars therefor.
Section 1. Dv» it enacted by the General
Assembly of Alabama, That the sum of ■
three thousand five hundred dollars^ be !
appropriated out of any funds In the \
State treasury not otherwise appropria
ted for the purpose of furnishing the Aud
itor’s office with steel file cases and re
ceptacles for records.
Sec. 2. Be It further enacted, That the
Auditor shall contract for and have con
structed in his office steel file cases and
receptacles for records and on the com
pletion of the same shall draw his war
rant on the State treasury for such
amount as may be necessary to construct
said file cases and receptacles, not to ex
ceed the sum of thirty-five hundred dol
lars, appropriated by section 1 of this
act.
Approvi d February 2S, 19 1.
(Official.) ROBERT P. Me DAVID,
Secretary of State.
No. 697. AN ACT H. 677.
To authorize payment of one hundred and
twelve dollars and fifty cents for sav
ing from loss by lire forty-five volumes
of the Records of the Supreme Couft
of the State of Alabama.
Be It enacted by the General Assembly
of Alabama, That the Auditor be, and is,
hereby authorized and required to draw
his warrant against the State treasury
In favor of James P. Armstrong for the
sum of one hundred and twelve dollars
and fifty cents ($112.50) for services ren
dered and expenses Incurred In saving
from loss forty-five volumes of the Rec
ords of the Supreme Court of the 8tate
of Alabama, which were badly damaged
by fire and water In December, 1896, to
be paid out of any money In the treasury
not otherwise appropriated.
Approved February 28, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. G99. AN ACT H. 377.
To amend section 49,S6 of the Code of Al
abama.
Be It enacted by the General Assembly
of Alabama. Thai section 4983 of the Code
of Alabama be amended so as to read
as follows: 4983 (4231) (4734) (4034) (514
Persona exempt from jury duty. The fol
lowing persons are exempt from jury du
ty, unless by their own consent: Profes
sors and students of universities and col
leges, teachers and pupils of academies
and common schools, ministers in charge
of churches, judges of the several courts,
attorneys-at-law during the time they
practice their profession, practicing phy
sicians, practicing dentists, consular
agents of foreign governments, officers
of the I’nited States, officers of the exec
| utlve department of the State govern
ment, sheriffs and their deputies, clerks
of courts and coroners, county commis
sioners. justices of the peace and consta
bles during their continuance in office,
keepers of public mills, ferries, toll
bridges and toll-gates; the officers of any
railroad or other road constructed under
the authority of this State whose duties
would materially interfere with serving
on juries; the officers and crew of any
Hteainhoaat navigating the rivers of this
State; members of incorporated fire com
panies; officers of the penitentiary; the
superintendent and physician of the In
sane Hospital and his assistants; all mail
contractors, mall agents and public stage
owners; all registered druggists and phar
macists actively engaged In their profes
sions; every commissioned officer, non
commissioned officer, musician and pri
vate during the time he Is a member of
the Alabama State troops, and all town
ship trustees of public schools.
Approved February 28, 1901.
(Official.) ROBERT P. McDAVII),
Secretary of Stare.
No. 723. AN ACT H. 877.
To better define and prevent kidnapping
in this State, and to prescribe the pun
ishment therefor in certain cases.
Section 1. Be It enacted by the General
; Assembly of Alabama, That any person
who forcibly or unlawfully confines, con
ceals, seizes, decoys, entices a way or in
veighs any human being, or who aids or
abets therein, or who causes any human
I being to be so forcibly or unlawfully con
fined, concealed, seized, decoyed, enticed
away or, inveighed without this State,
with the intent or purpose, express or im
plied, to extort, compel, demand, receive
or require the payment of money, or the
conveyance or delivery of property, or
other thing of value, for the release, sur
render, return or delivery up of the per
son so forcibly or unlawfully confined,
concealed, seised, decoyed, enticed away,
or Inveighed, or so brought within this
State, after having been forcibly or un
lawfully confined, concealed, seised, de
coyed, enticed away or inveighed with
out this State, from such person, or
from ills or her friends or relatives, or
any other person, shall be guilty of the
offense of kidnapping under this act, and,
on conviction, shall suffer death op impris
onment in the penitentiary for not less
than five years, at the discretion of the
Jury trying the case.
Approved February 28, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 73(1. AN ACT H. 1405.
To further regulate appeals from the Cir
cuit Court or other courts of ltko Juris
diction to the Supreme Court In ail quod
dumnuni proceedings.
Section 1. He It enacted by the General
Assembly of Alubuma, That after final
Judgment in the Circuit Court, or other
court of like jurisdiction In ad quod dam
num proceedings under section 1720 of the
Code of Alabama, either party may, with
in thirty days thereafter, upon giving
security for costs, appeal to th« Bu
ll romp Court; but on no appeal taken un
der this act shall the Judgment of the
Circuit Court be superseded If the com
pensation assessed Is paid to the owner,
and the costs of the suit are paid Into
court as provided by said section.
Approved March 1, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 701. AN ACT H. 1244.
To authorize the courts of County Com
missioners and board* of like character
In the different counties of th* State,
with the exception of the count!** of
Sumpter and Walker, to contract for
the construction of county assessment
mops or plats showing by abstract the
county boundary lines, main crocks,
rivers, railroads, exempt lands, and all
lands which have escaped State and
county taxation for the next preceding
five years, to provide compensation for
the same, and to ratify contracts here
tofore made for such purposes.
Section 1. Be it enacted by the General
Assembly of Alabama, That for the pur
pose of ascertaining the taxable condition
of lands liable for state and county tax
ation, and to better equalize the values
of lands In the different counties of the
State, the courts of County Commission
ers and boards of like jurisdiction in the
several countic3 of this State, with the
exception of the counties of Sumpter and
Walker, be, and they are, hereeby author
ized to contract with some competent
perron at any regular or special terms
of their said courts for the construction
of county assessment maps or plats
showing by abstruot the county bounda
ry lines, main creeks, rivers, railroads,
exempt lands, and all lands which have
escaped State qnd county taxation for the
next preceding five years iu their re
spective counties.
Sec. 2. Be it further enacted, That said
courts and boards are hereby authorized
and empowered to pay for such work
on behalf of the State and their re
spective counties such compensation as
may be agreed upon between the party
I and them contracting to do the same, not
I exceeding an amount equal to the State
and county tax on the lands so shown to
have escaped taxation for live years. And
the amount owing by the State under
such contracts shall be paid by the tax
collectors of the county out of the taxes
co..ected by him on lands shown to have
escuped us reported to him In the man
ner now provided by law to the courts
or boards so contracting to be paid said
contractor, and their receipts shall b*1 a
release to such collector for the amount
in his settlement with the State.
Sec. 3. Be It further enacted. That all
contracts which mamy have been made
by any of the courts or boards of the
State for such maps and plats be, and
they are, hereby ratified and confirmed.
Approved February 28, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 7S7. AN ACT H. 1200.
To amend section 1120 of the Code.
Section 1. Be It enacted by the General
Assembly of Alubama, That section 1130
of the Code be, and the same Is, hereby
amended so as to read as follows: Noth
ing In the four preceding sections shall
be construed to apply to any corporation
incorporated under the life Insurance laws
of this or any other State or county or
to any secret or benevolent society, such
as Masons, Odd Fellows, Knights ot
Pythias, the Vnion Mutual Aid Associa
tion of Mobile, or like orders, or to
fraternal beneficiary order or associa
tion or society, or to any society or asso
ciation whose membership is confined to
one class or one country, or to any so
ciety, association or corporation having
for its sole object the burial of its mem
bers, without profit to such society, as
sociation or corporation.
Approved February 28, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State,
No. 793. AN ACT H. 457.
To amend section 3 of an act entitled an
act to amend sections 338(1, 3387, 3380, 3403
of the Code of 1896, approved February
20, 1899.
Section 1. Be It enacted by the General
Assembly of Alabama, That section 3 of
an act entitled An act to amend sections
3386, 3387, 3389 und 3403 of the Code of
1S96 be, and the same Is, hereby amended
so as to read as follows: Section 3. Be
it further enacted, That section 3389 be
amended so as to read as follows: 3389.
Maximum rate for printing and binding.
The following shall be the maximum
rates allowed for printing and binding:
For every page of the acts and Joint res
olutions, two dollars; for binding every
copy of the acts, twenty cents a copy;
for every page of the journals and reve
nue laws, one dollar; for binding the
journals, twenty cents a copy; for every
copy of any volume of the Supreme Court
Reports, printed and bound as required
by this chapter In editions not exceeding
one thousand copies, one dollar and sixty
cents; for blanks printed on p^per, thirty
cents a quire of twenty-four full sheets;
for blanks printed on parchment, thirty
cents for each twenty-four sheets; for
printing done for the officers, commis
sioners and boards and for the General
Assembly, or either House thereof, forty
cents a thousand ems for composition
of plain mutter; for rule and figure
work, seventy-five cents a thousand ems;
for press work, Including paper per tp
ken. common octavo forms, seventy-five
cents if on machine finished paper,
weighing forty pounds to the ream; pro
vided, the Secretary of State may, when
he deems it advisable, have used on any
job a paper of heavier weight and supe
rior quality. In which event he must cer
tify to the Auditor In addition to ths
contract price for forty pound machlno
finished paper an amount not to exceed
six cants per pound for each additional
pound used on such Job; and If super
calendared paper Is ordered and used In
any Job he must certify to the Audltot
an additional amount not to exceed tw’o
and one-half cents per pound in excess
of what machine finished paper of the
same weight per ream would have cost
the State under the contract; folding re
ports, pamphlets, bills and other docu
ments, eight cents a hundred copies on
each signature, distinct tables to be con
sidered signatures; stitching reports,
pamphlets, bills and other documents, ten
cents a hundred copies; binding the rec
ords of the Supreme Court and manu
script opinions of the Supreme Court, one
dollar and fifty cents a volume; no pro
posals for doing printing and binding at
greater rates than those fixed in this sec
tion shall be considered, but all bids must
be at the rates herein fixed, or at a cer
tain per cent below them; and In count
ing blanks as many as can be printed on
a sheet shall be considered as one sheet
only and no more.
Sec. 2. Be It further enacted, That all
laws and parts of laws In conflict with
the provisions of this act be, and the