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No. 5.)

(S. J. R. 2-Acker.

SENATE JOINT RESOLUTION

.

Resolved, That the Senate of Alabama be governed by the rules of the Senate as adopted in session of 1915, and as set forth in Senate Journal 1915, vol. 1, page 264, et seq., until new rules are adopted by this Senate, with the following qualifications:

1. That no appointment of standing committees until after the announcement of the result of the opening and publishing of the returns of the election of executive officers of the State by the joint convention of the Senate and House of Representatives, as provided by the Constitution of Alabama, sec. 115.

2. That immediately after such joint convention the lieutenant governor-elect, as shown by said returns, submit to this Senate, by written communication, his recommendations for chairmen and members of the several standing committees respectively, for this session of the Senate as provided by said rules herein provided to be adopted.

3. That the word “twenty-seven” be substituted for the word "twenty-three” where it first occurs in rule 43 as the same appears upon page 272 of volume 1 of the Senate Journal, 1915.

Adopted by the Senate and House January 17, 1919.

No. 6.)

(S. 4—Carmichael.

AN ACT

To amend Section 3722 of the Code of 1907.

Be it enacted by the Legislature of Alabama as follows:

Section 1. That section 3722 of the Code of 1907 be amended so as to read as follows: 3722 (1377) (3687) (3518) (3047). Fees allowed to sheriffs. Sheriffs are entitled to receive the following fees for the following services: Services rendered in the incorporation of towns under the provisions of this Code, to be paid by the corporation $5.00. Serving and returning an application to perpetuate testimony, to be paid by the applicant. ... 1.00. Services in proceedings to incorporate railroads under the laws of this State; such fees as are usually allowed in civil proceedings. Services in cases of arbitration under the provisions of this Code the customary fees for executing subpoenas, which must be paid jointly by the parties unless the arbitrators otherwise determine. Services in relation to persons of unsound mind, the same fees as are allowed for similar services in other cases, to be paid out of the county treasury, if such persons have no

estate. Levying attachment. $3.00. Entering and returning same... $.25. Summoning garnishee and making return. $1.50. Selling property attached, the same as for selling under execution. Serving summons and other mesne process, and returning the same $1.50. Summoning each witness and returning subpoenas. .65. Impannelling a jury, in each case when a jury is sworn. .75. Executing a writ of possession. $5.00. Making a deed to real estate sold $2.50. Serving summons and making return in cases of forcible entry and detainer and unlawful detainer. $1.50. Executing writ of restitution in such cases........ $5.00. Other services in such cases, the same fees as in circuit court. Collecting execution for cost only..........$1.50. Summoning a jury for any inquisition in the county, or under a writ of ad quod damnum, or dower, and attending on such jury, and taking inquest, per day, when no other provision is made by law $5.00. Serving subpenas on bills in chancery, and returning the same, for each defendant

1.50. Serving scire facias, or notice in the nature thereof, and returning the same.... $1.50. But no fee shall be charged by him for serving a scire facias on a defendant juror or witness, when the same has been excused by the court without terms. Serving any summons not herein provided for, and making return $1.50. Serving attachment for contempt of court, or rule to show cause. $1.50. Taking and approving bonds of every kind.$1.00. Collecting money under execution: For the first two hundred dollars, five per cent; for collecting all sums over two hundred dollars, up to and including five hundred dollars, four per cent; and for collecting all sums in excess of five hundred dollars, three per cent; but no commission shall be collected on costs. Levying execution when sale is stayed after levy by a restraining order, one-half of the commission for selling under execution, to be paid by the party obtaining the order, to be taxed for his benefit, if successful, against the adverse party on the termination of the suit. When an attachment is by him levied on personal property, which is replevined, or the cause is settled without suit, he is entitled to one-half the commissions upon the amount of the demand sued for, allowing him for making money on execution, to be paid by the party paying such demand, or replevying such property; and, if such demand is afterwards collected upon execution, or other final process he must receive only one-half commissions; and if the plaintiff fails to obtain judgment, the amount so paid on the replevy of the property must be taxed as costs against him, and collected for the benefit of the defendant. Attendance upon the probate court when a jury is in attendance, or upon the circuit court when a jury is in attendance each day to be paid out of the county treasury...$3.00. And the clerk after adjournment of each term of such court, shall certify to the court of county commissioners

the number of days the sheriff so attended and the amount of his compensation therefor; shall be drawn in favor of the sheriff on the county treasury. Discharging his duties in relation to the public roads, he is entitled to receive annually, on showing to the court of county commissioners that he has discharged his duties to be paid out of the county treasury not exceeding $90.00. Services under the provisions of this Code for the erection of dams and public mills: For the service of each writ, application or notice, and return thereon, fifty cents; for summoning a jury and attending and charging the same, and returning their inquest, five dollars, to be paid by the applicant before any other proceedings are had; for serving subpoenas and other services, the same fees as in other cases, to be paid by the unsuccessful party, for which execution may issue. Seizing personal property under writ of detinue..............$3.00. Taking care of such property, such just compensation as the court may fix. Impannelling grand juries, advertising and attending all elections in his county, and for all other public services not otherwise provided for, such sums as may be just to be allowed by the county commissioners court, upon presentation of a verified account showing the items of service rendered, to be paid out of the county treasury not exceeding six hundred dollars per annum provided, that any sheriff whose annual income from fees of office exceeds five thousand net, after all expenses have been paid by him, shall not have any ex-officio allowance, to be paid quarterly. For serving notice upon elector to show cause why his name should not be stricken from registration list $.65.

Sec. 2. Provided the provisions of this act shall not apply in counties having a population of over 200,000 people by the last census or any succeeding census.

Approved January 27, 1919.

No. 7.)

H. 7—Shaw.

AN ACT

To further suppress the evils of intemperance; to restrict the receipt, posses

sion and delivery of spirituous, vinous, malted, fermented or other intoxicating or prohibited liquors and beverages and fixing punishment and penalties.

Be it enacted by the Legislature of Alabama:

Section 1. That in addition to the liquors, liquids, drinks and beverages already embraced in the term, “prohibited liquors and beverages," as defined by the existing laws of the State of Alabama enacted in 1915, the said term shall hereafter be deemed also to include and embrace the following: (6) All liquors, liquids, drinks or beverages, made in imitation of or intended as

a substitute for, beer, ale, rum, gin, whiskey or for any other alcoholic, spirituous, vinous or malt liquor; and further, that any liquor, drink or liquid made or used for beverage purposes containing any alcohol, shall be deemed an alcoholic liquor, within the meaning of the term "prohibited liquors and beverages” as defined in this act in connection with the existing prohibition laws of Alabama.

Sec. 2. That it shall be unlawful (1) for any common or other carrier, or any other person, corporation or association or combination of persons, to carry, bring or introduce into this State, or to deliver to any person whomsoever in this State, any of the prohibited liquors and beverages as defined by this act and by the existing laws of the State of Alabama, in any quantity whatsoever, whether in original packages or otherwise, and although brought from a point without the State of Alabama, or (2) to accept the delivery of or to receive, have in possession, or possess in this state, any of said prohibited liquors and beverages as defined by this act or the existing laws of the State of Alabama, in any quantity whatsoever; provided however, that this section shall not apply to the possession of wine or cordial made from grapes or other fruit, when the grapes or other fruit are grown by the person making the same for his own domestic use, upon his own premises in this State, and when such person keeps such wine or cordial for his own domestic use on his own premises in any quantity not exceeding five gallons for one family in twelve months. Nor shall this section apply. to the receipt or possession of pure or grain alcohol in non-prohibited quantities by persons who are permitted to buy, sell, use or possess the same under existing laws of the State, nor to the receipt or possession of wine for sacramental purposes, when received and possessed by an authorized person in accordance with the rules and regulations prescribed by law, and when not exceeding the quantity so prescribed.

Sec. 3. That no prohibited liquors and beverages shall be kept or be permitted to be kept by members or others in any locker or room of, or on the premises of any social club or of any other association or organization of persons, whether of a fraternal or social nature or otherwise, and whether incorporated or not, and such club or club room shall not be deemed to be the home or private premises of any member thereof. And it shall be the duty of all officers of any such club or association of persons, and especially of the secretary, manager or other officer in charge of the premises, to prevent the violation of this section by the members or by others resorting thereto. The presence of prohibited liquor in any locker or any other place on the premises or about the rooms of any such club or association of persons, shall constitute prima facie evidence that the said officers in charge and the officers and directors of the club or of the organization, are

unlawfully permitting the possession of said prohibited liquors and beverages at such place, and are guilty of violation of this section.

Sec. 4. That no judge of any court shall have authority to suspend sentence in whole or in part upon the conviction of any person or persons in his court, of any offense against this act or other laws of the State of Alabama, for the promotion of temperance or for the suppression of the evils of intemperance, except in cases authorized and prescribed by existing laws. And it shall be the duty of such judge, upon the conviction of any such offense of any person or persons to pronounce and have enforced and executed the sentence of the law due to a convicted person in such cases. Any action upon the part of a trial judge of any court for the purpose of preventing or delaying the execution of the penalty of the law, by suspending sentence or withholding sentence for the purpose of preventing its execution, shall be null and void and shall constitute a high misdemeanor in office.

Sec. 5. That no sale of pure alcohol for medicinal purposes shall be made by any person authorized by the law under proper circumstances to make sale of such liquor for medicinal purposes, except upon the prescription of a regularly authorized, practicing physician of this State, who before writing such prescription shall make an actual examination of the person for whom the prescription is issued, and said prescription shall state the disease or ailment from which the patient is suffering and shall prescribe the method of the use or administration of said alcohol and the quantity of the dose or doses to be taken and the intervals between doses, or the time when the same are to be administered, and the prescription shall state and certify that the use of such alcohol, in the opinion of the physician is necessary to alleviate or cure the illness or disease from which such patient is suffering. Every such prescription shall contain the name and address of the physician giving the prescription and the name and address of the person for whom the alcohol is prescribed, also the date on which the prescription is written and shall state the number of prescriptions for alcohol which the physician has written for said patient within twelve months, or that he has not written any within that period for said patient. And no physician shall prescribe alcohol for any patient simply upon the affirmation or statement or promise of said patient that he will use the same for medicinal purposes, but the said prescription must be based upon the professional opinion of the physician after a careful examination of the person seeking the prescription and upon his opinion derived from such examination that the said party is bona fide applying for said alcohol to be used as a medicine and not as a drink or beverage. The following form of prescription shall be used: ("State of Alabama,

County.)

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