The Birmingham age-herald., 1909-09-16

l | cute criminal cases in their respective
 counties. Said report shall be kept on l file ty the solicitor in his office and ] snail be subject to the inspection of 1 the probate judge or of the judge of ! the court in which the solicitor prose
 cutes, and after fifteen days shall be i open to the inspection of any tax pay l CT of the county. who may make 1 ct py or take extracts therefrom. The
 said sheriffs shall be paid for each such l inspection and report the sum of two i collars each fer the first fifty in9pec- l tions and if such inspections number 1 for each subsequent inspection under i this section together with the actual l expense of travel that is necessary to
 make the inspection beyond the limits l of the county town, which fees and
 expenses shall be audited and allowed i by the board of revenue or court of
 county commissioners and be paid out
 of the county treasury in the manner
 and form provided by section for the
 investigation under that section. l Whenever the sheriff has prob
 able cause to believe and does be-
 lieve that any of the laws for the suppression of intemperance are being
 violated any person, or ascertains
 facts which under the law of the State
 constitute prima facie evidence of guilt of violating any of such laws, he
 may by himself or through deputy in- stitute by affidavit a criminal prosecu-
 tion against the guilty party or parties before a court or officer of proper Ju-
 risdicton.
 6. That 1t shall be the duty of the solicitors and prosecuting attorneys In the counties wherein they prosecute 10 l diligently aid the sherifs in enforcing the law and he may by his own affida- vit institute proceedings or file a bill
 to abate liquor nusances in cases in l which he has probable cause to believe and Is able to show to the magistrate
 or judge probable cause for believing that the laws for the suppression of
 the evils of intemperance are being vio-
 lated or a liquor nuisance maintained,
 and he may do so when the facts are brought to his knowledge which make 1 a prima facie case under the laws Of the State for such violation '. That the said solicitors herein-
 above referred to shall recognize as associate counsel in a criminal prose- cution for a violation of said laws for i the suppression of the evils of intem-
 perance, any attorney employed or au- thorized by the Governor or attorney general to appear in the cause as as- sociate counsel or any such attorney
 who Is employed by as many as ten
 reputable citizens of the county who | are tax payers, and such associate at- l torney shall be recognized by the court or judge before whom the case Is pend ing for trial as associate counsel, and no such prosecution shall be dismissed over the objection of such associate counsel until the reasons of the county attorney for such dismissal together with any objections thereto which the
 associate counsel may desire to present
 shall have been filed in writing and
 fully heard and considered by the court
 and such written reasons and objections shall be filed in the cause and pre- served as a part of the court papers. 8. That any willful failure or neglect
 upon the part of any solicitor or sher- If to perform any duty required of him by this act shall constitute wilful
 neglect of duty and shall authorize
 his impeachment and removal from of- flee in accordance with the laws and
 constitution of the State providing for and regulating the impeachment of such officers by a proceeding before fhe su- preme court of the State. 9. That this act shall take effect from
 and after its passage the public vel fare requiring 1t.
 Approved August 18th, 1909 Official.
 Frank N Julian,
 Secretary of State.
 | No. 1O9) AN ACT GIT. 2e1. l To provide for the payment fees and l necessary expenses incurred in the 1 capture of criminals who flee into an- other State, and who when captured
 return without requisition from the | Governor.
 1 Section 1. Be 1t enacted by the Leg ! ishture of Alabama. That in cases l where any sheriff in this State receive | in l State that a party or parties Is or are arrested for crime committed in this State, and the Sheriff of the county in which said crime was committed goes to the State aforesaid and the party
 or parties aforesaid consents to return
 with said Sheriff without requisition
 from the Governor, said Sheriff shall
 be entitled to the fees and expenses
 now provided by law where requisl-
 tions issue. Provided, that this Act
 shall apply only to felonies and only
 where conviction of the party or par
 ties are had.
 Sec. 2. Be it enacted further, That the provisions of this bill shall apply
 as aforesaid. to cases that have oc-
 cured during the past year where con-
 victions have been had and In all fu- | ture cases of like character. Sec. 8. Be 1t further enacted That all laws and parts of laws in conflict
 with the provisions of this Act are here
 by repealed.
 Approved August 25, 19o9
 Official.
 Frank N. Julian,
 Secretary of State
 No. 123) AN ACT 6S 102.
 To Amend Section 5231 of the code of Alabama, 1907.
 Be 1t enacted by the legislature of
 Alabama, That Section 5231 of the Code
 of Alabama of 1907 be, and it hereby
 Is amended so as to read as follows:
 5231. The Chancery Court shall have
 original jurisdiction to divide or parti-
 ton, or sell for partition, any property real or personal, held by joint owners fendant denies the title of complainant or sets up adverse possession or not; and the court in exercising it's turis- diction shall proceed according to it's own practices
 Approved August 26, 1909
 Official.
 Frank N. Julian,
 Secretary of State.
 No. 100) AN ACT OI. 263 To regulate the writing of fire insur-
 ance and to prohibit the furnishing of
 information concerning same to those
 not authorized by law to receive such
 information, and to provide penalties
 for violations of the provisions of this
 Act.