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

the dppolnIneHl OI suafuian au hteIn
 in cases where the general guardian ad litem is disqualified or where the interests of the infants interested in a case are
 antagonistic or conflicting; and to pro- vide d penalty for wrongfully appointing l such guardian an litem," approved March l p, 1911, be amended so as to read as ! follows: An act, to create and establish the office of general guardian ad litem in all counties of COCO population and not exceeding S2,0O0 population, and all coun- ties of over 100000 population according to the last preceding federal census or ac- cording to any subsequent federal census; to prescribe his duties and qualifications to provide for his appointment and to fix his compensation and term of office; to provide for the appointment of a guardian ad Item in cases where the general 1 guardian ad Item is disqualified or where 1 the interests of the infants interested in a case are antogonistic or conflicting; and to provide penalty for wrongfully ap- pointing such guardian ad litem. Section l. Be it enacted by the legisia- ture of Alabama, That the office of gen. eral guardian ad Item in all counties of 6O.0O0 population and not exceeding 5000 population. and all counties of over 100000 population, according to the last federal census, or according to any subsequent federal census, be and the same is hereby created and established.
 Sec. 2. That it shall be the duty of the general guardian ad litem, in all cases where infants are made defendants to complaints, bills, petitions or any other proceedings in any court of law or equity in said county to represent and defend such infant or infants, and to represent all minors interested in suits in any of the courts of law or equity where said minor is not represented by a general guardian or where the general guar dian is adversely interested or disqualified
 Sec. 3. That the fees of said general guardian ad Item shall be one percentum Of the total amount or interest of the minor or minors, who are represented by said general guardian ad litem, involved In the case in which the general guard ian ad Item acts; provided that the min imum fee shall in no case be less than $5, and the maximum fee shall in no case be more than $100. and that fees of such office be collected as other costs in the case
 Sec. 1. That no person shall be eligible to the office of general guardian ad litem unless he be learned in the law
 Sec 5. That the office of guardian ad litem shall be filled by appointment by the governor and that his term of off, flee shall be four years and until his successor qualities.
 Sec. G. That in any case in law or equity "hCi oic Iiidii OIlt IIll1lOT IS interested in the cause in controversy and where the interests of said minors are antag- onistic and conflicting, or in any case in which the general guardian ad litem is disqualified, it-shall be the duty of the court before whom such case is pending, to appoint suitable person or persons to represent the interests of such minor or minors; provided. however, that the general guardian ad litem shall repre- sent the interests of one of such minors where their interests are antagonstic or conflicting, the interest of the minor which he represents to be selected by the court before whom such cause Is pend- ing.
 Sec. 2. That the court or officer in mak- ing such appointment as provided in sec- tion shall select some person who is qualified to represent such infant in the capacity of an attorney or solicitor, and must not select or appoint any per- son who is related either by blood or marriage within the fourth degree, to either the omplainant petitioner, or plaintiff, or to the judge or clerk of the court or who is in any manner connected with such complainant, petitioner, or plaintiff, with his attorney or solicitor.
 Sec. s. Any judge, register or other of- ficer who shall knowingly appoint any person as guardian ad litem for an in- fant in violation of the provisions of the pi SctdiHS StCllOl Sildll Us lldDlt tO d pen- atty of $200 which may be recovered by such infant or his next friend suing for him in any court having Jurisdiction of civil actions of such amount, and such claim shall not be barred by the statute of limitations until after two years after the arrival of such infant at the age of 21 years.
 Sec. 9. Any plaintiff. petitioner, his at- torney or counsel, or any person for him who shall suggest or nominate a guardian ad litem in any action brought by such plaintiff, or petitioner shall be liable to the same penalty IS provided in the pre- ceding section. No court or judge shall appoint any guardian ad litem upon his suggestion. nomination or recommenda- tion of plaintiff, petitioner, his attorney or counsel or any person for him.
 Sec. TO- This act shall go into effect immediately after it's passage
 Approved July 27, 1915.
 Official:
 JOHN PURIFOY,
 Secretary of State.