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(H. 286—Long of Sumter.
To amend section 3513 of the Code of Alabama.
Be it enacted by the Legislature of Alabama:
Section 1. That section 3513 of the Code be amended so as to read as follows: Whenever any person, firm or corporation operating or maintaining any public utility and having enjoyed franchises under contract with any city, town, or other municipal subdivision to render any public or quasi public service to such city, or other subdivision, or the inhabitants thereof, shall fail, after reasonable notice of default in the performance of such contract, to comply with and perform the same in the manner provided in such contract, the governing body of such city, town, or other subdivision, may by bill or petition apply to the chancery court or other court of like jurisdiction of the county in which such city, town, or other subdivision is situated, to enforce the forfeiture of the rights and franchises, and if a corporation, to annul the charter of the corporation. If upon the hearing of the cause, the court shall find that such person, firm or corporation, has so failed or refused to perform its said contract, either willfully or by reason of lack of means to do so, it shall enter a decree ordering such person, firm or corporation within a time to be named in said decree, to comply with such contract in the respect where such person, firm or corporation is in default, which time, for good cause shown, the court may extend. If within the time fixed in the decree, or in the order extending the time, it be made to appear to the court that the decree has been complied with, the court shall enter a decree dismissing the proceedings upon the payment of all the costs by such person, firm or corporation; but if it appear at the expiration of such time that such person, firm or corporation, has failed to comply with the order of the court, the court shall declare the contract or franchise of such person, firm or corporation forfeited, and if a corporation, shall dissolve such corporation.
Approved February 15, 1919.
To amend an act entitled an “Act to further prescribe and regulate the right
and manner of taking appeals in civil and criminal cases and their submission in the supreme court and court of appeals; approved September 22, 1915."
Be it enacted by the Legislature of Alabama:
That an act entitled “An act to further prescribe and regulate the right and manner of taking appeals in civil and criminal cases in their submission in the Supreme Court and Court of Appeals," approved September 22, 1915, be and the same is hereby amended so as to read as follows:
1. That any appeal taken under the provisions of chapter fifty-three (53) of the Code of Alabama of 1907 must be taken within six months from the rendition of the judgment or decree, and shall be shown in the following manner: (a) When no bond or security is required the filing of a written statement setting out the parties and court, signed by the party appealing, or by his or her attorney of record that an appeal is taken from the judgment or decree in the case: (b) By giving security for the costs of the appeal to be approved by the clerk or register or court. (c) By giving and having approved a supersedeas bond conditioned as required by law.
2. That after making an appeal in the manner herein provided, and filing in the cause a bill of exceptions, or the expiration of the time for filing such bill of exceptions, or if the appellant sooner direct, the clerk, register or judge of probate, as the case may be, shall make out a transcript as required by law, and deliver the same to the appellant. He shall in making the transcript make a copy thereof for the appellee and deliver it to him or his attorney, and for the transcript he shall have ten (10) cents for each one hundred words and for the copy five (5) cents for each one hundred words, both of which shall be taxed costs against the unsuccessful party in the appeal.
3. That after the taking of the appeal the clerk or register or judge of probate shall, on demand of the appellee, make out and deliver to him a certificate showing the names of the parties, the court, a copy of the judgment or decree, and the date of the taking of the appeal, and the date the bill of exceptions was signed, if it has been filed, and a copy of the statement of appeal and security for costs, or the supersedeas bond.
4. That the appellant shall file the transcript in the office of the clerk of the Supreme Court, or Court of Appeals within sixty (60) days after the signing or establishing of the bill of exceptions or the expiration of the time for establishing the same.
5. That if the transcript is not filed in the office of the clerk of the court to which the appeal is taken within the time fixed by this act, the appellee may on any Thursday after the first call of the docket in the court to which the appeal is returnable, after the expiration of the time for filing of the transcript, present the certificate of appeal and certified copy of the security for costs of appeal, or supersedeas bond, and move the court for the dismissal of the appeal or affirmance of the judgment or decree appealed from and a judgment against the sureties for the costs of appeal, or on the supersedeas bond. But the appellate court may for good cause extend the time for filing the transcript.
6. That the clerk of the Supreme Court and the Clerk of the Court of Appeals shall enter all cases wherein appeal is taken, to the court of which he is clerk on a docket in the order in which the transcripts or certificates of appeal are presented.
7. That appeals in criminal cases must be taken at the time of sentence or confession of judgment or within six months thereafter in manner following: (a) An entry of record that defendant appeals from the judgment with or without suspension of judgment, as he may elect, to be taken at the time of judgment rendered, or (b) The filing of a written statement signed by the defendant or his attorney that defendant appeals from the judgment; the statement to be filed within six months.
Approved February 15, 1919.
To appropriate the sum of seventy thousand ($70,000.00) dollars for the pay
ment of the amounts due by the State to the sheriffs of the counties in the State for feeding prisoners in the county jails during the fiscal years 1916 and 1917, and which are unpaid.
Be it enacted by the Legislature of the State of Alabama:
Section 1. That there is hereby appropriated out of any monies in the State treasury not otherwise appropriated, the sum of seventy thousand ($70,000.00) dollars, or so much thereof as may be necessary for the payment of the amounts due by the State to the sheriffs of the counties in the State for feeding prisoners in the county jails for the fiscal years 1916 and 1917, and which are unpaid.
Section 2. That upon the passage and approval of this act, the auditor be and he is hereby directed to draw his warrant upon the State treasurer for the unpaid balance due to any sheriff.
Approved February 15, 1919.
To protect wild fur bearing animals; to provide a season during which they
may be legally trapped or taken; to provide a license for those engaged in trapping wild fur-bearing animals; and to provide penalties for the violation of this act.
Section 1. Be it enacted by the Legislature of Alabama, That it shall be unlawful for any person to take or attempt to take by
the use of any trap, snare, net or substitute therefor, any muskrat, raccoon, o'possum, mink, fox, beaver, otter or bear between March 1st and November 1st in each calendar year.
Section 2. That it shall be unlawful for any person to trap, snare, or net, or to attempt to trap, snare or net, any of the wild fur bearing animals protected by the provisions of this act, upon the lands of another without first having secured the written permission of the land owner or agent thereof.
Section 3. That it shall be unlawful for any person, to trap, snare or net, or to attempt to trap, snare or net any of the animals protected by the provisions of this act upon the lands of another without first having secured a trapper's license to be issued by a probate judge, such license to be furnished by the State game and fish commissioner, and paying therefor the sum of $10.00 which license when issued shall be good during the trapping season; provided that all members of the families of all land-owners or landlords, and tenants and members of their families, may trap, net or snare in season, the animals protected by the provisions of this act, upon the lands which they own or rent, without a trapper's license
Section 4. That it shall be unlawful for any person to take, capture or kill or otherwise destroy, or to have in possession, the young of any of the animals protected by the provisions of this act, during the closed season.
Section 5. That it shall be unlawful for any person to hunt with dog or gun, or to take, capture or kill, or to have in possession, any o'possum between the first day of March and the 15th day of October following; provided that any person may protect his premises from the ravages and depredations of the animals protected by this act, at any time and in any way.
Section 6. That any person who violates any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than $10.00 nor more than $25.00 for each offense, which fine shall be paid in lawful money of the United States, one-half of which shall be paid by the court, collecting the same, to the game and fish warden of the county in which the conviction is had, and the other half shall be immediately forwarded to the State treasurer to be covered into the game and fish protection fund.
Section 7. That probate judges shall retain of the money received from each trapper's license issued the sum of fifteen cents and shall pay the balance to the State treasurer which amount shall be covered into the game and fish protection fund.
Approved February 15, 1919.
To amend section two of an act “To regulate the practice of veterinary medi
cine and surgery in the State of Alabama, and to establish a veterinary medical examining board,” approved March 17, 1915.
Be it enacted by the Legislature of Alabama, That section two of an act to regulate the practice of veterinary medicine and surgery in the State of Alabama, and establish a veterinary medicine examining board, approved March 17, 1915, be amended to read as follows:
Section 2. Any person of good moral character, who has practiced veterinary medicine and surgery in the State of Alabama, for a period of three years, prior to March 17, 1915, and who has continued to practice the same since that time, and who shall present to the State board of veterinary medical examiners satisfactory evidence thereof, shall be granted a permit to practice veterinary medicine and surgery in Alabama; provided said person or persons pay his annual dues and registration fee, as here in after provided. Provided said person or persons desiring the benefits derived from this section must apply for said permit within six months from the approval of this act by the governor.
Approved February 17, 1919.
To amend an act entitled an act “To provide for and regulate the manufac
ture and sale of “commercial feeding stuffs" in Alabama; to further provide for the registration, tagging, sampling and analyzing "commercial feeding stuffs” and to fix penalties for violations of this act," so as to regulate the sale of "commercial feeding stuffs;" to define the same and to prohibit the adulteration thereof, to provide for their correct weight, sampling, analyses, and marketing; to authorize the commissioner of agriculture and industries to prescribe rules and regulations for carrying out the provisions of this act; to establish in the department of agriculture and industries, a division of foods, feeds and drugs, to be charged with the execution of this act; to authorize the commisioner of agriculture and industries to appoint an assistant as supervisor of said division, and to appoint other necessary clerical assistance; to provide for the payment of salaries and expenses out of funds accruing hereunder; and to fix penalties for violation of this act.
Be it enacted by the Legislature of Alabama, That an act entitled an act, to provide for and regulate the manufacture and sale of "commercial feeding stuffs" in Alabama; to further provide for the registration, tagging, sampling and analyzing "commercial feeding stuffs" and to fix penalties for violation of this act," be amended to read as follows: