The Birmingham age-herald., 1915-10-23
AN ACT


 | No 547) GIL 1926 Davis l To regulate the procedure in unlawful l detainer suits brought by a landlord l against his tenant in counties of less than 100000 and more than s0.000 of | population, according to the last fed eral census or any subsequent federal census; to prescribe the clerks and sheriff fees in such suits; and to pro- l vide for and regulate appeals therein, including the bond to be given on ap- peal.
 Be it enacted by the legislature of Ala 1 bama:
 Section l. That in all actions of unlaw- l full detainer brought by a landlord against his tenant in counties of not more than l 900 and not less than 5000 of popula- tion, according to the last federal census or any subsequent federal census. the total fees of the justice of the peace, if the action be brought before a justice of the peace, shall be $1 and the total fees of the clerk, if the action be in an in- ferior court having a clerk shall be s1, and the total sheriffs or constable's fees as the case may be, shall be $1, which will include the executing of writ of restitution, if it be necessary to exe- cute such a writ.
 Sec. ?. That all such suits may be in- stituted within two days after the land lord has made written demand upon the tenant for possession, and shall be return able and triable at any time after three days from the time of service of sum- mons and complaint upon the defendant.
 Sec. 211. No such suit as provided for in section shall be instituted until 10 days notice by the landlord to tenant of the termination of latter's tenancy has been given.
 Sec. 3. That if judgment be rendered in favor of the plaintiff and against the defendant. writ of restitution and exe- cution for the costs shall issue against the defendant after the expiration of five days from the date of the Judgment, un-i less the defendant within such period of five days takes an appeal to the circuit court, or other court of appellate Juris- diction in the premises, and gives bond with sufficient sureties to be approved by the judge of the court trying the case in a sum double any rents then owing by the tenant to the landlord, plus 12 months additional rental at the contract rate, If there be such a-rate. and otherwise at the reasonable value of such rental on condition to pay to the plain tiff all rents owing at the time of the execution of the bond and all rents which accrue up to the final determination of the appeal. and to pay the costs of the cause and the court trying the action shall ascertain the amount of the afore- said rents and set forth the same in it's judgment. in the event that the judg- ment be for the plaintiff thus judicially determining the penalty of the appeal bond which is to be given. in the event that there is an appeal
 Sec 4. That upon the trial of the said action in the appellate court, the jury, or the court trying the cause without a jury, in the event that the verdict or judgment be for the plaintiff, shall ascertain the amount of rent owing by the tenant to the landlord up to that time and judgment shall be rendered in favor of the plaintiff and against the defendant not only for the property sued for, but also for the amount of the said rent together with costs, and If the said judgment for rent and costs be not paid within 30 days after its rendition. execution therefor shall issue against the defendant and against the sureties on his appeal bond.
 Sec g. This act shall go into effect i'm mediately upon its approval by the gov ernor.
 Approved September IS. 1915. Ofricial T -d-effN'
 JOHN PURIFOY.
 Secretary of State.
 AN ACT No S13) GIL 1106 Lapsley. | To provide for the discovery of assets Of
 judgment debtors, and to facilitate the