No. 227.) (S. 347-Craft. AN ACT To amend section (3) of an act entitled, “An act to create and establish the office of general guardian ad litem in all counties of sixty thousand (60,000) population and not exceeding eighty-two thousand (82,000) popualtion according to the last 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 litem in cases where the general guardian ad litem is disqualified or where the interest of the infants interested in the case, are antagonistic or conflicting; and to provide a penalty for wrongfully appointing such guardian ad litem," approved March 22, 1911, as amended by an act approved July 27th, 1915. Be it enacted by the Legislature of Alabama, That section three (3) of an act entitled, "An act to create and establish the office of general guardian ad litem in all counties of sixty thousand (6,000) population and not exceeding eighty-two thousand (82,0.0) population, according to the last 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 litem in cases where the general guardian ad litem is disqualified or where the interest of the infants interested in the case are antagonistic or conflicting; and to provide a penalty for wrongfully appointing such guardian ad litem," approved March 22nd, 1911, as amended by an act approved July 27th, 1915, be amended so as to read as follows: Section 3. That the fee of the general guardian ad litem shall be one per centum of the total amount or interest of the minor, or, in the event there be more than one minor, one percentum of the total amount or interest of each minor, who are represented by the general guardian ad litem, involved in each and every instance wherein the said minor or minors are made parties defendant to any complaint, bill, petition or other proceeding in any court of law or equity in the said county, or in any other suit in any court of law or equity in the said county wherein the interest or interests of the minor or minors is involved and they are represented by the said general guardian ad litem; provided that the minimum fee shall in no instance be less than five dollars for each minor so represented, and the maximum fee shall in no instance be more than one hundred dollars for each minor so represented, and the fees of such officer to be collected as other costs in the proceedings. Approved August 18, 1919. No. 235.) AN ACT (H. 55-Truss. To authorize and empower all cities of the State of Alabama having more than 100,000 population according to the last or any subsequent Federal census to condemn or acquire by purchase or otherwise a right of way, easement or other interest in land for the purpose of connecting private property with the sanitary or storm sewerage system of any such city and to assess the cost of the acquisition of such right of way, easement or other interest in such land, and the cost of constructing such connection, against the property benefited thereby. Section 1. Be it enacted by the Legislature of Alabama: That all cities of the State of Alabama having a population of more than 100,000, according to the last or any subsequent Federal census, shall have full power and authority to condemn or acquire by purchase or otherwise a right of way, easement, or other interest in land for the purpose of connecting private property with the sanitary or storm sewerage of any such city, and such city, in the exercise of this right, shall proceed in the manner now or hereafter provided by the general laws of Alabama in the condemnation of private property for public use and such condemnation may be had whether the land or interest therein sought to be condemned is already used for a public purpose or not. Section 2. That the cost of the acquisition of such right of way, easement or other interest in land, and the cost of constructing such connection may be assessed against the property benefited by such acquisition, construction or connection, and shall be a lien thereon; provided, however, the amount assesed against the said property, as hereinabove authorized, shall not exceed the increased value of such property by reason of the special benefits derived from such acquisition, construction or connection with the sanitary or storm sewerage system. Approved August 27, 1919. No. 244.) AN ACT (S. 349-Craft. To enlarge and further define the duties and fix the compensation of humane officers in counties of this State having a population of not less than 80,000 nor more than 82,000, according to the Federal census of 1910 or any subsequent Federal census. Be it enacted by the Legislature of Alabama: 1. That in all counties of this State having a population of not less than 80,000 nor more than 82,000, according to the Federal census of 1910 or any subsequent Federal census, in addition to the duties now prescribed and fixed by law, or required of him by any organization or society under the law the humane officer of such counties, or by whatever name called, shall act as assistant probation officer under the supervision of the judge of the juvenile court of said county, and he shall also act in co-operation with the Federal and State authorities in the enforcement of all tick eradication laws or regulations in force in said county, and the salary of said humane officer shall be one hundred and twenty-five dollars, to be payable monthly, onehalf by the county and the other half by the city, and the expense of the fuel and upkeep of the automobile of such humane officer shall also be paid monthly one-half by the county and the other half by the city. Approved August 23, 1919. No. 245.) AN ACT (S. 53-Leith. Prescribing the liability of an employer to make compensation by way of damages for injuries received by an employee occasioned by an accident arising out of and in the course of his employment and providing for the enforcement of same, modifying common law and statutory remedies, in such cases; establishing an alternative elective schedule of compensation, regulating procedure for the determination of liability and compensation thereunder in certain cases, and prescribing penalties for the violation thereof; and providing for attorneys' fees and for medical and surgical services. Be it enacted by the Legislature of Alabama: PART 1.-COMPENSATION BY ACTION AT LAW-MODIFICATION REMEDIES. 1. Circumstances under which compensation becomes due; defenses; wilful negligence.-When personal injury or death is caused to an employee by an accident arising out of and in the course of his employment, of which injury the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he, or in case of death, his personal representative, for the exclusive benefits of the surviving spouse and next of kin, shall receive compensation by way of damages therefor from the employer, provided the injury or death was not caused by the wilful misconduct of the employee or was not due to misconduct on his part as hereinafter in section 9 hereof defined. 2. Defenses excluded.-In all cases brought under part 1 of this act it shall not be a defense (a) that the employee was negligent, unless and except it shall also appear that such negligence was wilful, or that such employee was guilty of wilful misconduct as hereinafter in section 9 hereof defined; (b) that the injury was caused by the negligence of a fellow employee; (c) that the employee had assumed the risks inherent in, or incidental to the work, or arising out of his employment or arising from the failure of the employer to provide and maintain safe premises and suitable appliances which grounds of defense are hereby abolished except as provided in section 4. 3. When defenses excluded.-If the employer elects not to come under part 2 of this act, he loses the right to interpose the three defenses named in section 2 in any action against him for personal injury or death of an employee. 4. When defenses available.-If the employee elects not to become subject to part 2 of this act, in any action brought to recover damages for personal injury or death by accident against an employer who has elected to come under part 2 of this act said employee or his personal representative shall proceed as at common law only, and such employee shall have no right of action under sections 3912, 2485, 2486, 3910, 2484 of the Code of 1907 or any other right given by statute, and the employer in such suit may avail himself of all defenses as provided by statute in effect at the adoption of this act or at common law. 5. Death and personal injury claims.-The provisions of sections 1, 2, 3 and 4 shall apply to any claims for death of an employee as covered by sections 3912, 2485, and 2486 of the Code of 1907, and to personal injuries arising under sections 3910, and 2484. 5a. The provisions of this act shall apply to employees who are minors and who have been employed in accordance with or contrary to laws regulating the employment of minors. 5b. When an accident occurs while the employee is employed elsewhere than in this State which would entitle him or his dependents to compensation had it happened in this State, the employee or his dependents shall be entitled to compensation under this act if the contract of employment was made in this State unless otherwise expresly provided by said contract, and such compensation shall be in lieu of any right of action and compensation for injury or death by the laws of any other State. 6. Burden of proof.-In all actions of law brought pursuant to part 1 of this act, the burden of proof to establish wilful misconduct (or other misconduct as hereinafter in section 9) hereof defined of the injured employee shall be upon the defendant. 7. Legal services.-No part of the compensation payable under this act shall be paid to attorneys for the claimant for legal services unless upon the application of a claimant to a judge of the circuit court such judge shall order or approve of the employment of an attorney by the claimant and in such event the judge upon the hearing of the petition for compensation shall fix the fee of the attorney for the claimant for his legal services, and the manner of its payment, but such fee shall not exceed ten (10%) of the compensation awarded or paid. PART 2.-ELECTIVE COMPENSATION. 8. Not applicable to certain employments.-This act shall not be construed or held to apply to any common carrier (doing an interstate business) while engaged in interstate commerce, or to domestic servants, farm laborers or persons whose employment at the time of the injury is casual, and not in the usual course of the trade, business, profession or occupation of the employer, or to any employer who regularly employs less than sixteen employees in any one business or to any county, city, town, village or school district. Provided, however, that any employer who regularly employs less than sixteen employees in any one business or any county, city, town, village or school district may accept the provisions of this act by filing written notice thereof with the probate judge of each county in which said employer is located or does business, said notice to be recorded by the judge of probate for which he shall receive the usual fee for recording conveyances, and copies thereof to be posted at the places of business of said employers and provided further, that said employers who have so elected to accept the provisions of this act may at any time withdraw the acceptance by giving like notice of withdrawal, provided further that in no event nor under any circumstances shall this bill apply to farmers and their employees. 9. Agreement to be subject to provisions.-If both employer and employee shall by agreement expressed or implied or otherwise as herein provided become subject to part 2 of this act, compensation, according to the schedules hereinafter contained, shall be paid by every such employer in every case of personal injury or death of his employee caused by an accident arising out of and in the course of his employment, without regard to any question of negligence, except no compensation shall be allowed for an injury or death caused by the wilful misconduct of the employee or by the employee's intention to bring about the injury or death of himself or of another or due to his own intoxication or his wilful failure or wilful refusal to use safety appliances provided by the employer or due to the wilful refusal or wilful neglect of the empoyee or servant to perform a statutory duty or due to any other wilful violation of the law by the employee or his wilful breach of a reasonable rule or regulation of his employer of which rule or regulation the employee has knowledge. If the employer defends on the ground that the injury arose in any or all of the last above stated ways the burden of proof shall be on the employer to establish such defense. Surrender of other rights.-Such agreement or the election hereinafter provided for shall be a surrender by the parties. thereto of their rights to any other method, form, or amount of compensation or damages for any injury occasioned by an acci |