The age-herald., 1900-12-16

authority appertaining to the office of Gov ernor, until the time appointaed for the election of Governor shall arrive, or until the Governor who is absent or impeached shall return or be acquitted brother dis ability be removed, or until the Governor elect shall qualify and enter upon the dis charge of the duties of the office: and if during such vacancy in the office of Gov ernor, the President of the Senate shall be impeached, removed from office, refuse to qualify, die, resign, be absent from the State, or be under any other disability, the Speaker of the House of Representatives shall in like manner administer the govern ment. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President of the Senate, who shall enter upon the duties of Governor; and if the Governor and Presi- dent of the Senate shall both be absent from the State over twenty days, the Sec retary of State shall notify the Speaker of the House of Representatives, and in such case he shall enter upon the discharge of the duties of Governor until the return of the Governor or President of the Senate.
 Sec. ?. Be it further enacted, That if the Governor shall be under disability to dis charge the duties of his office by reason of sickness, the President of the Senate, or the Speaker of the House of Representa- tives as the case may be, shall administer the government until the Governor shall ap- pear in person at his office in the capital and file with the Secretary of State dec laration that he resumes the discharge of such duties. The filing of such declaration shall operate to reinvest the Governor thereupon with all the power and authority appertaining to the office of Governor. The Secretary of State shall give immediate notice of the filing of such declaration to the President of the Senate, or the Speaker of the House, then administering the gov ernment.
 D. J. MEADOR,
 President of the Senate, Pro. Tenn.
 FRANCIS L. PETTUS, Speaker of the House of Representatives. Approved Dec. 10, 1900.
 W. D. JELKS,
 Acting Governor. No 142. AN ACT s. 37. To amend sections 1717 and 172O of the Code of Alabama.
 Section l. Be it enacted by the General Assembly of Alabama, that:
 Section 1717 of the Code be amended so as to read as follows: THY (321D Appica- tion, Objections and Proof to be Heard. On the day appointed or any other day to which the hearing may be continued, the court must hear the application and any objections which may be filed to the grant, ing thereof and any legal evidence touch- ing the same and shall make an order
 fifY,. T6nI hearing herein provided for must in all respects be conducted, and evidence taken as in civil cases at law. Sec. g. Be it further enacted, That sec ton 1720 of the Code, be amended so as to read as follows: TYPO (32l5) Appeal. From the order of condemnation either party may appeal to the Circuit Court or other court of like jurisdiction in the county within thirty days after the making of such order, by filing in the Probate Court a written mo- tice of appeal, copy of which shall be served on the opposite party or his agent or attorney, and on such appeal the trial shall be de novo. But no appeal shall sus- pend the order of condemnation If the ap- plicant shall pay the money so assessed into court, and also give bond in penalty double the amount of the compensation as- sessed, payable to the owner with condi- tion to pay such judgment as may be rem dered on appeal, and with surety to be- ap- proved by the Judge of Probate. If the Probate Court refuses to grant the applica- tion the applicant shall have right to ap- peal to the like court upon giving security for costs to be approved by the Judge of Probate, and upon such appeal the trial shall be de novo. Upon any appeal taken to the Circuit Court or other court of like jurisdiction, under this section, if such court determines that the application should be granted it shall proceed forthwith to have the compensation assessed by jury. And upon the payment to the owner of the SO assessed and the payment of the costs of the suit into court; or upon the payment into court of such compensa- tion, together with the costs of suit, the court shall make an order of condemnation in accordance with the application Upon the trial in the court to which the appeal from the order of the Probate Court is talk en either party may, by bill of exceptions reserve any ruling or decision of the court as in other cases. After final judgment in the Circuit Court or other court of like jur- isdiction, either party may, within thirty days thereafter, upon giving bond or se- curity for costs as in other cases, appeal to the Supreme Court. Provided: That the provisions of this act shall not apply to any proceedings now pending.
 D. J. MEADOR,
 President of the Senate, Pro Tenn.
 FRANCIS L. PETTUS, Speaker of the House of Representatives. Approved Dec Il, 1900.
 w. D. JELKS,
 Acting Governor. No POO AN ACT s. Al. To define and regulate Fraternal Benef- ciary Orders, Associations Societies, to provide penalties and for other purposes. Section l. Be it enacted by the General