Section 12. Any distributor or retail dealer who shall violate any of the provisions of this Act may be restrained by proper proceedings instituted in the name of the State of Alabama by the Attorney General or any Circuit Solicitor from either distributing or selling gasoline, the sale of which is taxable in this State, until such person shall have complied with the provisions of this Act. Section 13. All other State excise and inspection taxes on the sale of gasoline imposed before the passage of this Act shall be and the same are hereby repealed, and all State laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Section 14. Should any Section or any part of this Act be declared unconstitutional it shall not invalidate the remainder thereof. Section 15. This Act shall take effect on the first day of the month next succeeding its passage. Approved Feb. 10, 1923. No. 63.) AN ACT (S. 102. Foster. To repeal an Act approved September 30, 1919, entitled "An Act to confer additional powers, authority and jurisdiction on and to further prescribe the duties of the Board of Control and Economy created by the act of the Legislature approved February 13, 1919; to abolish the Board of Convict Inspectors and the offices of the members and employees thereof and to confer upon the State Board of Control & Economy all the power, authority and jurisdiction heretofore exercised by or under the authority of the State Board of Convict Inspectors, and additional powers and authority, including authority and power to provide for the segregation, care, custody and treatment of tubercular persons; and to impose upon the Board of Control and Economy all the duties heretofore required of the State Board of Convict Inspectors and additional duties; to confer upon the Board of Control & Economy general supervision and authority over the office of the State Prison Inspector who shall henceforth discharge the duties of his office in connection with and as part of the work of the State Board of Control & Economy; to confer upon the Board of Control & Economy certain duties and authority with reference to the purchasing and supplies of the public printing and binding, stationery, fuel and paper, and other powers and authority incident to the more efficient control and co-ordination of the business operations of the State; also providing for the necessary appropriation to pay all salaries, wages and other expenses and outlays authorized to be paid or incurred in this and the said original act of February 13, 1919." Be it enacted by the Legislature of Alabama: Section 1. That an Act approved September 30, 1919, entitled "An Act to confer additional powers, authority and jurisdiction on and to further prescribe the duties of the Board of Control & Economy created by the act of the Legislature, approved February 13, 1919; to abolish the Board of Convict Inspectors and the offices of the members and employees thereof and to confer upon the State Board of Control & Economy all the power, authority and jurisdiction heretofore exercised by or under the authority of the State Board of Convict Inspectors, and additional powers and authority, including authority and power to provide for the segregation, care, custody and treatment of tubercular persons; and to impose upon the Board of Control & Economy all the duties heretofore required of the State Board of Convict Inspectors and additional duties; to confer upon the Board of Control & Economy general supervision and authority over the office of the State Prison Inspector who shall henceforth discharge the duties of his office in connection with and as a part of the work of the State Board of Control & Economy; to confer upon the Board of Control & Economy certain duties and authority with reference to the purchasing and supplies of the public printing and binding, stationery, fuel and paper, and other powers and authority incident to the more efficient control and co-ordination of the business operations of the State; also providing for the necessary appropriations to pay all salaries, wages and other expenses and outlays authorized to be paid or incurred in this and the said original act of February 13, 1919," be, and the same hereby is repealed. Approved Feb. 10, 1923. No. 64.) AN ACT (S. 40. Inzer. To further regulate the office of the Attorney General of the State of Alabama. Be it enacted by the Legislature of Alabama: Section 1. That in addition to the duties of the Attorney General, as now prescribed by law, the Attorney General shall give his opinion in writing, or otherwise, as to any question of law connected with the duties of the following county officers when requested so to do in writing: probate judge, clerk of the circuit court, sheriff, county board of education, court of county commissioners, register in equity of the circuit court, tax collector, tax assessor, or any other officer required to collect, disburse, handle or account for public funds. For the extra, new and additional duties imposed on the Attorney General by this Act and for the duties which are or may be hereafter required of the Attorney General as a member of the Budget Commission, or body with similar duties to the Budget Commission, the Attorney General shall receive two thousand dollars annually to be paid as the salaries of other officers are paid. Section 2. The written opinion of the Attorney General secured by either a State or a county officer legally entitled to secure such opinion, shall protect such officer to whom it is directed from liability to either the State, county or other municipal sub-division of the State, because of any official act or acts performed as directed or advised in such opinion. Officers shall not submit moot, private or personal questions in which the State, county or public is not materially or primarily interested to the Attorney General, and must submit with the request for his opinion a certificate setting forth the facts showing the nature and character of the question which makes the advice sought necessary to the present performance of some official act that such officer must immediately perform. Section 3. The Attorney General with the approval of the Governor and the Public Service Commission may employ an Assistant Attorney General whose compensation shall be paid out of any money appropriated to the Public Service Commission for the purpose of employing clerks, assistants, accountants, engineers or other experts. Such assistant Attorney General shall, under the direction of the Attorney General, act as legal advisor of the Public Service Commission, have charge of all litigation concerning the commission and its orders, and perform such other duties as may be assigned him by the Attorney General. Section 4. That all litigation concerning the interest of the State or any department thereof shall be under the direction and control of the Attorney General, and the employment of any attorneys for the purpose of representing the State or any department thereof shall be by the Attorney General with the approval of the Governor, provided however that nothing in this Act shall prevent the Governor from employing personal counsel whose compensation shall be payable out of the Governor's contingent fund. Section 5. This Act shall take effect immediately upon the approval of the Governor. Approved Feb. 10, 1923. No. 65.) AN ACT (H. 133. Grove. To provide for the extension of the time of payment of interest bearing warrants which are issued for the payment of construction or repair of public roads and bridges, and to authorize Courts of County Commissioners, Boards of Revenue, or other like governing bodies of the sev eral counties of Alabama, having a population of not less than ninety thousand and not more than one hundred and fifty thousand inhabitants according to the last or any subsequent Federal census, to issue new interest bearing warrants, at the same or a less rate of interest, in lieu of the warrants, the time of payment of which are to be extended, said extension of time for payment not to extend over a period of more than ten years from date of contract upon which said warrants were issued. Section 1. Be it enacted by the Legislature of Alabama, That the Courts of County Commissioners, Boards of Revenue, or other like governing bodies of the several counties of Alabama, having a population of not less than ninety thousand and not more than one hundred and fifty thousand inhabitants according to the last or any subsequent Federal census, are authorized and vested with full authority to extend the time of payment of any interest bearing warrants, which have been issued as payment for the construction or repair of any public roads or bridges in their respective Counties, for such period of time as to them may seem advisable, provided such time shall not extend over a period of more than ten years from the date of the contract for the construction or repair of any such public roads or bridges, and upon which said contract the said warrants were issued; and in making such extension of the time of payment, such Courts of County Commissioners, Boards of Revenue, or other like governing bodies of the several Counties of this State are authorized to issue new warrants, bearing interest at the same rate or a less rate than the original warrants, to the legal holder of said warrants, and deliver them to the holder of such warrants in lieu thereof, and which last said warrants shall be in form as now required by law and shall be binding and valid obligations of said County. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall take effect immediately upon its passage and approval by the Governor. Approved Feb. 10, 1923. No. 67.) AN ACT (H. 71. Byars. To provide separate quarters for the examination of white and negro teachers, and to fix a penalty for the violation of its provisions. Be it enacted by the Legislature of Alabama: Section 1. It shall be the duty of the County Superintendent, or other persons holding the examination to provide separate quarters for white and negro applicants for certificates to teach in the public schools of Alabama. Section 2. Any Superintendent or other person violating Section 1 of this Act shall be guilty of a misdemeanor and shall be fined not less than fifty dollars nor more than one hundred dollars. Section 3. This Act shall go into effect immediately upon its approval by the Governor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved Feb. 10, 1923. No. 68.) AN ACT (H. 157. Tiller. To provide for and prescribe the kind of notice that shall be given in all proceedings instituted by the widow and minor children, or either of them, to have the homestead set aside, as exempt from administration and the payment of debts: Be it enacted by the Legislature of Alabama: That in all proceedings instituted by the widow and minor child or children, or either of them to have the homestead of any resident of this State set aside to her, them or either of them as exempt from administration and the payment of debts in favor of such widow and minor children, or either of them, the Judge of Probate in whose Court said proceedings are filed shall immediately upon the filing of the same issue written notice thereof to all the children twenty one years of age and over of the decedent whose homestead is sought to be set aside as exempt, which said notice shall be served by the Sheriff thirty days before the petition is heard, and in case one or more of said children over twenty-one years of age shall reside out of this State, or whose residence is unknown, notice shall be given by the Judge of Probate as now provided for non-residents in other proceedings in the other Courts of this State. Approved Feb. 10, 1923. No. 71.) AN ACT (H. 27. Howze. To authorize the United States to file notice of lien for any tax on the property of any person in the office of the probate judge or registrar or recorder of deeds of any county, in this state, and to provide for the recording of such notice. |