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396, 399, 400, 408, 409, 414, 428 to 445 inclusive, 454, 467, 468, 473, 474, 476, 482, 484, 486, 487, 492, 504, 505, 506, 512, 514, 515, 516, 563, 564 be and they are preferred claims against the county of Franklin, and the county treasurer of said county is authorized and required to pay the same in the order of their registration as preferred claims above any other claims against said county, except claims for the county jail, claims of grand and petit jurors, compensation for services of members of the court of county revenue, for stationery furnished the county, pauper claims and claims of election officers.

Approved February 8, 1915.

No. 18.)

AN ACT

(H. 91-Bealle.

To provide for the payment of all solicitors fees earned and collected in the Tuscaloosa county court, into the county treasury of Tuscaloosa county.

Be it enacted by the Legislature of Alabama :

Section 1. That from and after the passage of this act, all solicitor's fees earned and collected in the Tuscaloosa county court, shall be paid over to the treasurer of Tuscaloosa county and that the clerk of said court is hereby directed to so pay over the same.

Sec. 2. Be it further enacted, that all laws or parts of laws in conflict with the provisions of this act be, and the same are hereby repealed.

Approved February 3, 1915.

No. 19.)

AN ACT

(H. 92-Bealle.

To fix and provide for the payment out of the county treasury of the salary of the solicitor of Tuscaloosa county court and to fix the term of office of the solicitor of the said court, and to repeal all laws and parts of laws in conflict herewith.

Be it enacted by the Legislature of Alabama:

Section 1. That the salary of the solicitor of the Tuscaloosa county court be, and the same is hereby fixed at the sum of twenty-five hundred dollars ($2,500.00) per annum, which shall be payable out of the county treasury of Tuscaloosa county

in monthly installments of two hundred eight and one-third dollars ($208.33 1/3) each.

Sec. 2. Be it further enacted that the term of office of the solicitor of the Tuscaloosa county court who was elected at the general election held in the year 1914 be, and the same is hereby fixed so as to commence on the first day of March, 1915, and end on the first day of March, 1919.

Sec. 3. The judge of probate of Tuscaloosa county is hereby directed to issue a warrant on the treasury of Tuscaloosa county for the sum of two hundred eight and one-third dollars ($208.33 1/3) on the first day of April, 1915, payable to the solicitor of the Tuscaloosa county court for his salary, and issue a like warrant for the same amount on the first day of each month thereafter for the same purpose.

Sec. 4. The successor to said solicitor shall be elected at the general election to be held in said county in the year 1918 and at the general election each four years thereafter, and such solicitors shall hold office for four years and until their succes sors are elected and qualified.

Sec. 5. All laws and parts of laws in conflict with the provisions of this act be, and the same are hereby repealed Passed by the Senate and House February 3, 1915.

No. 21.)

AN ACT

(H. 231-Walden.

To repeal an act entitled an act to confirm the incorporation of the town of Flint, in the county of Morgan, and to enlarge and define the corporate powers of said town approved February 21, 1893.

Be it enacted by the Legislature of Alabama:

That an act entitled an act to confirm the incorporation of the town of Flint, in the county of Morgan, and to enlarge and define the corporate powers of said town, approved February 21, 1893, be and the same is hereby repealed and annulled. Approved February 3, 1915.

No. 24.)

AN ACT

(S. 82-Key.

To repeal an act for the better construction, repairing, working, and maintaining the public roads and bridges in Franklin county, Alabama, approved July 31st, 1907, and to repeal an act to amend an act to provide for the better construction, repairing, working and maintaining the public roads and bridges in Franklin county, Alabama, approved August

20th, 1909, and to repeal all local laws and parts of local laws heretofore enacted by the Legislature of Alabama for Franklin county, for the better construction, repairing, working and maintaining the public roads and bridges in Franklin county, Alabama.

Be it enacted by the Legislature of Alabama:

Section 1. That an act for the better construction, repairing, working, and maintaining the public roads and bridges in Franklin county, Alabama, approved July 31st, 1907, and an act amending said act for the better construction, repairing, working and maintaining the public roads and bridges in Franklin county, Alabama, approved August 20th, 1909, be and the same are hereby repealed.

Sec. 2. Be it further enacted that all local laws and parts of local laws heretofore enacted by the Legislature of Alabama for Franklin county, providing for the construction, repairing, working and maintaining the public roads and bridges in Franklin county, Alabama, be and the same are hereby repealed. Approved February 5, 1915.

No. 25.)

AN ACT

(S. 98-Hollis.

For the relief of Jas. M. Agee, treasurer of Clarke county, Alabama.

Whereas, Jas. M. Agee, as treasurer of Clarke county, has paid at various times within the last few years fees for examinations in lunacy cases, and

Whereas, said claims were duly presented to and allowed by the court of county commissioners of said county, and warrants were issued for the sum of one hundred twenty-eight and 50/100 dollars which said warrants were duly presented and in good faith paid by the treasurer of said county, and

Whereas, the authority of said treasurer to pay said warrants is questioned; now therefore

Be it enacted by the Legislature of Alabama:

Section 1. That Jas. M. Agee, treasurer of Clarke county, be and he is hereby released from all liability arising or existing by reason of the payment by him from the funds of said county, any and all warrants paid to physicians for examinations in lunacy cases.

Approved February 9, 1915.

No. 26.)

AN ACT

(H. 103-Vaughan.

To create and establish the court of common pleas of Montgomery county, to define its jurisdiction and powers, to make it the successor of the "Inferior Court of Montgomery," to provide for the transfer of the cases from the docket of the inferior court of Montgomery to the court of common pleas of Montgomery county; to provide for the officers of said court, their powers, duties and compensation; to prescribe rules of procedure for said court; and to provide for the execution of the process of said court and the operation thereof.

Be it enacted by the Legislature of Alabama:

Section 1. That there is hereby created and established in and for the county of Montgomery, State of Alabama, a court, which shall be known as and called "court of common pleas of Montgomery county," which said court is hereby invested with and shall have and exercise in said county final jurisdiction of any misdemeanor committed in said county, concurrent in such misdemeanor cases with the jurisdiction now conferred by law upon the city court of Montgomery, except as herein otherwise provided, and said court shall have preliminary jurisdiction in all felony cases committed in the county of Montgomery that is now conferred by law upon the inferior court of Montgomery, or upon justices of the peace in said county; that said final criminal jurisdiction herein provided shall be exclusive as against any justice of the peace or notary public ex-officio justice of the peace as to all criminal offenses committed in precincts 1, 2, 3, 4, 5, 6, and 7, in the county of Montgomery, except that affidavits may be taken and warrants issued by such justices of the peace and notaries public ex-officio justice of the peace, returnable to said court of common pleas of Montgomery county. Said court, except as in this act otherwise provided, in exercising the jurisdiction and powers by this act conferred shall in all cases where the defendant is charged with a felony conform to and be governed by the rules of practice and procedure, and shall have the same authority now conferred by law, upon the "inferior court of Montgomery," or upon justices of the peace in this State, and in all cases where the defendant is charged with a misdemeanor, shall have the same power and authority as, and shall conform to and be governed by the rules of practice and procedure governing circuit courts and courts of like jurisdiction in this State, except as herein otherwise provided; provided that the judge of this court shall have the authority to adopt such rules of practice and procedure not inconsistent with this act as in his opinion is necessary for the

proper dispatch of the business of the court. In all civil cases and in all other cases not otherwise provided for in this act, said court shall have and exercise in precincts 1, 2, 3, 4, 5, 6, and 7, in Montgomery county all the authority, jurisdiction and powers which are now conferred by law upon justices of the peace, or which have been heretofore conferred upon the inferior court of Montgomery. Said court of common pleas of Montgomery county shall as herein provided be the successor of the inferior court of Montgomery, which said inferior court of Montgomery shall cease to exist upon the institution of the court of common pleas of Montgomery county, and all causes civil and criminal pending in such inferior court, shall thereby be transferred to such court of common pleas of Montgomery county and the dockets, official papers and records of said inferior court of Montgomery shall be delivered to such court of common pleas of Montgomery county, and shall be proceded upon as if originally instituted in such court of common pleas; that the civil jurisdiction of such court of common pleas as to all causes in which the defendant resides within the corporate limits of the city of Montgomery shall as against any justice of the peace, or notary public ex-officio justice of the peace in the county of Montgomery be exclusive and any judgment, whether by consent, default or otherwise rendered by any justice of the peace, or notary public ex-officio justice of the peace in Montgomery county in such case shall be null, void and of no effect.

Sec. 2. The judge of the inferior court of Montgomery shall be and become the judge of the court of common pleas of Montgomery county, and shall hold such office until the expiration of his present term as judge of the inferior court of Montgomery that is to say, until January 1st, 1917, and until his successor is elected and qualified. That his successor shall take office on January 1st, 1917, and shall be elected by the quali fied voters of Montgomery county at the general election held for State and county officers in the year 1916, and at the gen-. eral election every four years thereafter. The judge of said court of common pleas shall have been a resident of Montgomery county, for at least one year, and shall be at least twentyfive years of age, and shall within the State of Alabama have been admitted to the practice of law. The term of office of such judge, except as herein otherwise provided, shall be for the period of four years, and until his successor is elected and qualified. All vacancies in the office of judge of said court shall be filled by appointment of the Governor, and the person so appointed shall hold his office as provided by the Constitution.

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