The Montgomery advertiser., 1903-10-09

tors and purchasers. without notice oI the making or execution of said decd Approved Sept Q. 1908.
 J. THos. HEFIrN, No. SID AN ACT. (f. z3f To provide for ascertaining and marking the bounds of country burial places. and for enlarRing and marking their | area under stated conditions.
 Section L Be it enacted by the Legis- lature of Alabama, That when. at any time hereafter. as many as Ave responsi- ble citizens residing within five miles of any burial place not inside 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 shah 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 menf. meet, elect a chairman and d secretary. and enter upon the dfscharee of such duties as are provided for in this act. Sec. 2. Within sixty days after their Appointment the aforesaid commission shall ascertain, determine and mark with pOsts brick. stone or other durable ma. | tertal the boundaries Of said burial place,
 and under oath shall file their report with
 the aforesaid Judge of Probate who shall pay to said commission for services ren. dered the sum of ten dollars. and for ma- teriai and labor in placing posts. brick.
 stone cr other suitable boundary marks Co l said burial place the remaining ten dol-
 lars Of the original twenty dollars depos- ited on filing of petition provided for in Section of this act: provided. that notl,- ing in this act shall forbid interested par ties who will pay for material and work. I from placing costlier bounds under direc- tions of the commission who shall under
 oath flo report of same with Judge of
 Probate. and provided. further. that the
 aforesaid interested parties shall place | and pay for the costIier bounds within sixty days after appointment of said com. | mission 9r 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 anywfse tn the report of the com
 mission shall the right of appeal from l 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 tho 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 Ave resppn. sible citizens residing within seven mics of any burial place whose bounds shalt have already been ascertained and mark ed as provided for in this Act, shall de- posit twenty dollars with the Judge of | Probate and petition him to appoint s 1 commission of five competent persons | whose duties shall be to enlarge the area. if necessary, for the accommodated, of the community interested, of the bounds ofAsaid burial place. the Judge of | Probate shall appoint such commission. and shall bind them by due oath to tSe l proper discharge of their duties. | Sec. z. Said commission, as provided | for in Section D of this act. shall examii,c. | ascertain and decide upon the necessity | of the enlargement of the area. of sad | burial place, and shall make written re. l port thereof under oath to the Judge of Probate who shall fiie said report In tt., | office of probate. | Sec. 8. Said commission, provided fo. | in Section 6 of this Act. shall, if 1t deem ! necessary, determine and fix bounds fer | the enlargement of the area of said burial | place, shall assess value of area thereby 1 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 wort | as conditioned in Section 8 of this Act. l conforming in all things appertaining to | the manner of marking and the time and l maner of reporting to the Judge of Pro- | bate as prescribed in SectioHS of this Act. Sec. 9. The Judge of Probate shall pay | to land owner or land owners damaged bv | the enlargement of area of said burial | ground, the money assessed by the com. | mission, and shall take receipts therefor 1 and file same in the office of probate. Sec. TO- Tn case an appeal is taken within the time prescribed lin Section h of this Act, the money assessed as dans. ages for enlargement of area need not D paid until the close of all legal conten tions, but must be paid within thirty days thereafter.
 Sec. Il. 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 commissions S
 report in the Probate Ofiice, 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 foregoing sections of this Act being duly observed and executed any burial place so en- larged shall forever after belong to tine public, to be used as a burial place.
 Sec. 13. Fees for recording by the ae-
 ton of commissions in the Probate Of1cs. must be paid by interested party or par
 ties.
 Sec. 14 Ali laws and parts of laws tn d6nfiict with this Act be and the same are hereby repealed.
 Approved Sept. 26 1908.
 Oh1cial.
 J. THoS. HEFLIN,
 Secretary of State