The Birmingham age-herald., 1903-10-09
]. THOS. HEFLIN,
 Secretary of State.
M ACT.

Official
 N J. THOs. HEFLIN.
 Secretary of State No BID AN ACT. CH. 4Ss To provide for ascertaining and marking
 the bounds of country burial places
 and for enlarglng and marking their
 area under stated conditions.
 Section 1. Be 1t enacted by the Legis- lature of Alabama, That when at any time hereafter, as many as five responsi- ble citizens residing within five miles of any burial place rot inside a municipal or private corporation, which burial place has been used as such by the public for as many as ten years next preceding that day and date. shall pay twenty dollars to and file petition with the Judge of Pro- bate of the County in which said burial place is located. requesting his appoint ment of commission whose duties shall be to ascertain and mark the boundaries of said burial place, the said Judge of Probate shall appoint such commission not to exceed in number more than five nor less than three.
 Sec. 2. The commission thus appointed shall within thirty days after appoint ment. meet, elect a chairman and a secretary, and enter upon the discharge of such duties as are provided for in this act
 Sec. 8. Within sixty days after their appointment the aforesaid commission shall ascertain, determine and mark with posts, brick, stone or other durable ma terlal the boundaries of said burial place. and under oath shall file their report with the aforesaid Judge of Probate vino shall pay to said commission for services rem dered the sum of ten dollars. and for ma terial and labor in placing posts, brick. ct prn nt tal 5a said burial place the remaining ten dol lars of the original twenty dollars depos- ited on filing of petition provided for in Section 1 of this act; provided. that noth- ing in this act shall forbid interested par ties who will pay for material and work, from placing costlier bounds under direc- tions of the commission who shall under oath file report of same with Judge of Probate, and provided further. that the aforesaid interested parties shall place and pay for the costlier bounds within sixty days after appointment of said com mission or within sixty days after the close of all legal suits, if such there be.
 Sec. 1. A majority of the appointed Commission shall constitute a quorum.
 Sec. 5. Any person or persons inter- ested in anywise in the report of the com mission shall the right of appeal from said report to the Judge of Probate and a jury of seven men: provided, he or they shall first deposit with the Judge of Pro- bate the sum of fifteen dollars as surety for costs in the event of failing in the appeal suit. and provided further that the appeal be taken within thirty days after the filing of the aforesaid report of the Commission in the office of the Judge of Probate.
 Sec. 6. When as many as five respon sible citizens residing within seven mics of any burial place whose bounds shall have already been ascertained and mark ed as provided for in this Act, shall de- posit twenty dollars with the Judge oi Probate and petition him to appoint q commission of five competent persons whose duties shall be to enlarge the area, if necessary, for the accommodation of the community interested, of the bounds of said burial place, the Judge If Probate shall appoint such commission, and shall bind them by due oath to tfe proper discharge of their duties.
 Sec. T. Said commission, as provided for in Section of this act, shall examine, ascertain and decide upon the necessity of the enlargement of the area, of sad burial place, and shall make written re. port thereof under oath to the Judge of Probate who shall file said report in trc office of probate.
 Sec 8. Said commission, provided ff' Tn Section 6 of this Act, shall, if it deem necessary. determine and fix bounds for the enlargement of the area of said burial place. shall assess value of area thereby Involved and shall deposit with the Judge of Probate money enough to compensate the land owner or land owners damaged by the said enlargement, and shall worf as conditioned In Section of this Act, conforming in all things appertaining to the manner of marking and the time and maner of reporting to the Judge of Pro- bate as prescribed in Section of this Act
 Sec. g. The Judge of Probate shall pay to land owner or land owners damaged by the enlargement of area of said burial ground, the money assessed by the con- mission and shall take receipts therefor and file same in the office of probate.
 Sec. 10. In case an appeal Is taken within the time prescribed in Section Ii of this Act the money assessed as danl- ages for enlargement of area need not r, paid until the close of all legal conten- tions, but must be paid within thirty days thereafter.
 Sec. II. Any person or persons inte = ested in the land appropriated by said commission shall have the right to ap- peal from report of said commission to the Probate Court and jury of seven, pro. vided such appeal be taken within thirty days after the filing of the commission S report in the Probate Office, and pro- .vided the person or persons appealing shall give sufficient bond to secure pay ment of all expenses of the trial in case of failure in the appeal suit
 Sec. F. The conditions of foregoia 2 sections of this Act being duly observed and executed any burial place so en- larged shall forever after belong to the public, to be used as 9 burial place.
 Sec 13. Fees for recording by the ac- tion of commissions in the Probate Office, must be paid by interested party or par ties.
 Sec IA. All laws and parts of laws n conflict with this Act be and the same are hereby repealed.
 Approved Sept. 26, 1908
 Official.
 ;. THos. HEFLIN,