The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-11

himself which amount shall be paid out
of the amount realized to the State In
such case or cases. And the state laN
Commissioner by and with the consent
and approval of the State Board OF Com
promise. NAV compromise, adjust or set
tie. any claim in favor of the state OF
any of the counties thereof which may
be involved in any proceedings which may
have been commenced by any County TAX
Commissioner or of which either the state
Pax Commissioner or his deputy OF oep-
titles. or any County or District Tax
Com mi ssioner may have charge or.
That Subdivision of Section 3sll OF the
Code be amended and the same
is hereby amended so as TO
read as follows: That ON ana
after the first day of October, 1903, no
mortgage, deed of trust, or other instru-
ment in the nature of a mortgage, which
is given to secure the payment of any
debt, which such mortgage, deed of trust
or other instrument of like character
shall be executed so as to convey real
property or any interest In real property
or personal property which is situated
within this State shall be received for
record unless the following privilege taxes
shall have been paid upon said instru-
ment before the same shall be offered for
record. to wit: Upon all such instru-
ments which are executed to secure any
indebtedness which shall not exceed one
hundred dollars there shall be paid the
sum of fifteen cents and upon all such
secure an Indebtedness I more than one
hundred dollars there shall be paid the
sum of fifteen cents for each one hun
dred dollars of said Indebtedness or por-
ton thereof which Is secured by said
| mortgage, deed Of trust or other instru-
ment of like character to be paid Tor
by the lender; (2) That upon the ming
for record of such mortgage, deed OF
trust or other instrument of like char-
| acter, the person to whom the same shal
/ be made payable or his agent snail pre-
sent the said instrument to the Probate
| Judge of the county within which the
property conveyed thereby or material
portion thereof is situated, and shall pay
to the Probate Judge the amount of the
| tax required under this Act to be paid
| upon such mortgage or deed OF trust or
| other instrument of like character. and
upon such payment the Probate Judge
| or his clerk shall certify on said mort
gage, deed of trust or other instrument
/ of like character the fact that the said
| tax has been paid. and when so certined
| by the Probate Judge or his clerk such
! instrument shall be admitted to record
| In any county wherein any Of the prop
erty mentioned in said instrument is Sit
uated, without the payment of any FUR
| Their tax thereon except the fee OF the
Probate Judge for recording such instru-
ment, and such certificate of the Pro-
| bate Judge shall be recorded by the Pro-
| bate Judge when such instrument is re-
| corded; 80 There shall be no other tax
| collected upon any such instrument which
shall have paid the tax prescribed in this
| act. either State, county or municipal;
! - OF the taxes collected by the Probate
Judge under this act, there shall be paid
to the County Treasurer of the county in
which such taxes is collected one-third
of the amount so collected by him to be
accounted for by the said County Treas
urer as other county "a xes are accounted
for by him. and the remaining two-thirds
] of said amounts collect I'd by the Probate
Judge shall be paid by him to the State
Treasurer. The Probate Judge shall re-
| ceive five per centum of the amounts
collected by him as compensation for his
| services in collecting said money and GER
tifying said instruments, said five per
| centum to be retained by him out of the
| moneys collected by him Under this Act.
90 Any Probate Judge who shall file
| for record or shall record any such in
str-ument without the same having been
certified by the Probate Judge as provided
by this act shall be guilty Of misde-
m eanor. and shall be fined on conviction
not less than ten nor more than one hun
dred dollars.
ILLUMINATING oIL.-441-2
Any person, firm, Association or Cor
| por ton selling or offering Tor sale or
! exchange, any Illuminating oil In the
State shall be required to have tags as
hereinafter provided attached to each
tank BARREL can, package or parcel of said
| and oil shall also be required to use tags
for every gallon sold in bulk from tank
wagons or storage, said tags to have
printed thereon Guaranteed - Degrees
Fire Test" designating In the blank
| space the true test of the oil offered for
sale, the tags to bear facsimile of the
signature of the Auditor and of the ex-offi-
| clio State Chemist or Professor of Chem
istry OF the Alabama Polytechnic Insti-
| tuition. Any person, fiji n, association or
corporation who sells, offers for sale or
exchange any Illuminating oil that will
not test one hundred and twenty degrees
fahrenheit, shall upon conviction be fined
not less than fifty dollars nor more
than five hundred dollars for each sep
arate offense. The Board of Trustees of
the Alabama Polytechnic Institute shall
have tested any sample of oil sent by any
for sale in the State and shall be re-
quired from time to time to secure sam
pies Of oil being offered for sale in diff
ferent parts of this State and to test
the same for fire test and also for chem
ical composition and quality, before Of
fering illuminating oil for sale or ex-
change the person, firm, association or
arin proposing to sell or exchange,
-rafi&tin proposing to sell or exchange
must submit to the said ex-officio State
Chemist at Auburn, Ala, a written OF
printed statement setting forth: 1st,
Name and brand rnde- which said oil is
10 be sold or exchanged, the number OF
gallons to be contained in the tank bar
rels, cans, parcels or packages in which
1t Is to be put upon the matter and
the name or names of the manufacture
ers- or dealers; 2nd Statement setting
forth the fire test which they are willing
| TO guarantee to be q true test of each
brand of said illuminating oil named in
| such statement and such statement shall
be held to be guaslntee to the pur-
chaser. Any person, firm, association OF
corporation certifying falsely in the state
ment hereinaboye provided for must OF
conviction be fined not less than fifty dol
lars nor more than five hundred dollars
for each separate offense The Board OF
Trustees of the Alabama Polytechnic In
stitute shall keep on hand for sale tags
| printed as herenabove provided for OF
| such denomination of gallons as Will be
convenient for the use OF persons oHer'
ing for sale or exchange Illuminating oils
| and shall charge therefor at the rate OF
| one-half of one cent for each gallon de-
signated on said tag; said tags shall BIZ
furnished by the Auditor in the manner
he -einafte- named Any person. firm
association or corporation who counter