The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-26
within the time specified herein, be govern
ed by the provisions of this act.
Approved February 10TH 1899.
ROBERT P. MDAvID,
Officially Secretary of State.
0fhcial.)
AN ACT


TO. A9. AN ACT H. 279.
To amend paragraph IS of section 1866 OF
the code of 1896 relating to the removal
of prisoners arrested and confined In jail
in a county other than that in which they
are triable; and to govern the method of
removal.
Section 1. Be 1t enacted by the General
Assembly of Alabama That for removing
any prisoner upon change of venue grant
ed In his case, or who is arrested and con-
fined in jail In a county other than that in
which he is triable or arrested for con-
tempt. three dollars for himself or his
deputy acting In his stead, and two dollars
for each guard for each day that they are
respectively engaged in such removal, to-
gether with the necessary travelling ex-
penses of himself and guard or guards and
prisoner or prisoners while on the trip, by
the nearest route usually Travelled between
the points from and to which such removal
is made, to be paid by the state upon his
sworn account therefor, accompanied by
certificate of the clerk of the court in which
the prisoner is triable; that such fees have
been reported to and docketed by him. If
such prisoner is convicted, the clerk of tho
court in which the conviction is had shall
tax the cost of such removal against him,
and shall Immediately upon the adjourn
ment of the court, issue execution there
for, and for the other costs and deliver the
same to the sheriff of his county, and such
sheriff, upon the collection of the costs of
such-removal, shall pay the same to the
state treasurer; be and the same is amend
ed to read as follows: For removing any
prisoner upon change of venue granted
in his case or who is arrested on a war
rant issued by a justice of the peace, or
on an indictment and confined In a county
other than that in which he is triable, or
arrested for contempt or as a defaulting
witness three dollars for himself or his
deputy acting in his stead, and two dollars
for each guard for each day they are re-
spectively engaged In such removal, to-
gether with the actual necessary travelling.
expenses of himself or deputy, and guard
or guards and prisoner or prisoners while
on the trip, by the nearest route usually
travelled between the points from and to
which such removal is made, to be paid
by the state in case of felonies, and by the
county when the offense committed is
misdemeaner upon his sworn statement
and account therefor accompanied by a
certificate of the clerk of the court In which
the prisoner is, will be, triable, that
such fees have been reported to and dock
eted, or will be docketed by him. If such
prisoner is convicted the clerk of the court
in which such conviction is had shall tax
the costs of such removal against him, and
shall Immediately, upon adjournment of
the court, issue execution therefor, and for
the other costs and deliver the same to the
sheriff of his county, and such sheriff, upon
the collection of the cost of such removal,
shall pay the same over to the state treas
urer.
Sec. 2. Be 1t further enacted, That the ar
resting officer Immediately after the arrest
of said prisoner or prisoners shall commit
him or them to any jail or guard house,
nearest to the place of arrest, and notify
the sheriff of the county in which the said
prisoner, or prisoners are triable, of the
fact that he has committed him or them
to Jail, and the sheriff upon receipt of such
notification, shall apply to the judge of
probate of his county for removal order,
having first secured the recommendation of
the presiding judge or the county or circuit
solicitor, certifying that in the interest of
justice the said order should be granted or
issued.
Sec 3. Be it further enacted That 1t
shall be the duty of the arresting officer to
make the following endorsement the
back of the removal order: This is to GER
tify that have this day - of -. de-
livered to -, sheriff of - county, or
his deputy -, the within named prisoner
or Sheriff of -,
county.
A pa ft1rtb
laws and parts of laws in conflict with the
provisions of this act, be and the same are,
hereby appealed.
Approved February Is, 1890
(Oficial) ROBERT p. M'DAvID,
Secretary OF State.
No. 454 AN ACT Fl. sSS.
To correct erroneous sales of property for
taxes; to provide for the protection of
real estate bid in by the state at tax
sale. and to regulate and provide for the
sale and redemption of real estate bid in
fer the state at tax sale.
Section 1. Be it enacted by the general
assembly of Alabama That the auditor
shall examine carefully all certifcations Of
purchase of real estate, where the same
was bid in for the state at tax sale, that
are now on nile In his of1ce or may be
hereafter by him received. and that If in
his opinion, such sale was erroneous for
want of regularity, improper OF insufficient
description, error in advertisement, or for
any other cause that may come within his
knowledge, he shall so declare it, and re-
turn such certificate to the judge of pro-
bate in the county of such sale; he shall
also notify the tax assessor of the county
In which the property is situated, and di
rect him to assess the same as an escape
for the years in which it is subject under
In existing laws. But In no instance where
sales made after the passage of this act
are declared erroneous or void by the au-
ditor, shall any penalty attach to the tax
payer, except interest on taxes, all cost
accruing shall be paid by the officer MAX
ing the error, as required by Section 1852 Of