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may be necessary for said purpose, to pay accounts of sheriffs, which accrued during the year ending September 30th, 1882, for feeding prisoners, and which are now unpaid, in consequence of a deficiency in the amount appropriated for that purpose, in the general appropriation bill; and the sum of two thousand dollars, or so much thereof as may be necessary to pay accounts of sheriffs, which accounts accrued during the two years preceding September 30th, 1882, for removal of prisoners, which accounts are now due and unpaid, in consequence of a deficiency in the amount appropriated for that purpose.

SEC. 2. Be it further enacted, That the accounts hereinbefore referred to, when presented for payment, shall be examined in all respects according to the law then in force, and if found to be correct, due, and unpaid, shall be passed upon and allowed by the Auditor, out of the appropriations aforesaid, as other accounts are passed upon and allowed.

Approved December 8, 1882.

No. 11.]

AN ACT

[H. B. 390.

To fix the time for holding the Circuit Courts in Calhoun

county.

Time of Cir

SECTION 1. Be it enacted by the General Assembly of. Alabama, That the Circuit Courts in Calhoun county, cuit Court in from and after the passage of this act, shall be held as fol- Calhoun counlows, to-wit: On the seventh Monday after the first Mon- ty. day in December, and continue three weeks; and on the fifth Monday after the first Monday in July, and continue ⚫ two weeks.

SEC. 2. Be it further enacted, That all laws contravening the provisions of this act are hereby r pealed, and that this act shall take effect from its passag

Approved December 9th, 1882.

ing oysters by

No. 12.]

AN ACT

[II. B. 153. To prevent the taking and catching of oysters within the waters of this State by persons who are not residents of the State; and to provide penalties for violations of this act, and proceedings to enforce the same.

SECTION 1. Be it enacted by the General Assembly of To prevent Alabama, That it shall be unlawful for any person not a taking & catch- resident of this State to take or catch oysters, in any mannon-residents. ner, in the waters within the jurisdiction of this State; and if any person shall violate the provisions of this act, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty, nor more than one hundred dollars; and the boat, vessel, or craft employed in such unlawful business, with her tackle, apparel, furniture and appurtenances, shall be forfeited to

the State.

SEC. 2. Be it further enacted, That no person shall be considered a resident of this State, within the meaning of the term used in this act, who does not at the time reside in, and who shall not have resided in, this State for twelve months next preceding the time wherein any offense with which he is charged may have been committed; and in all questions arising as to residence, under this act, the onus probandi shall rest on the defendant.

SEC. 3. Be it further enacted, That the sheriffs of the several counties bordering on the waters of this State are specially charged with the execution of this law; and it is their duty, if they know, or are credibly informed, of the violation of the provisions of this act, to take with him such power as may be necessary, and to seize the boat, vessel or craft, her tackle, apparel, furniture and appurtenances, and arrest all persons on board the same, so unlawfully engaged, and carry them before a justice of the peace of his county.

SEC. 4. Be it further enacted, That upon information given to such justice of the peace of the breach of this law, he may take jurisdiction of the complaint, and cause such witnesses to be subpoenaed as the accused or the sheriff may require.

SEC. 5. Be it further enacted, That if, upon the hearing, the offense is established, the justice must fine each of the offenders, as is provided for in the first section of

this act, and if the fine is not paid, must commit him or them to jail; and must also condemn the boat, vessel or craft, together with her tackle, apparel, furniture and appurtenances, forfeit to the State, and direct that it be sold; and adjudge the cost of the proceedings before him to be paid by the accused. If he is not satisfied from the proof the accusation is established, he must discharge the accused and release the boat, vessel or craft.

SEC. 6. Be it further enacted, That all the provisions contained in sections 1613, 1614, 1615 and 1616 of the Code of Alabama of 1876, be and the same are made applicable to all proceedings under this act.

SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Approved December 11, 1882.

No. 13.]

AN ACT

[H. B. 154.

To regulate the buying and selling of oysters in the shell, by measure.

selling oysters

SECTION 1. Be it enacted by the General Assembly of Alabama, That whenever oysters in the shell are bought To regulate or sold by measure, it shall be only by stave measure, buying and which shall be uniform in shape, and of the following by measure. dimensions: The bottom to be sixteen inches across from inside to inside; the top to be eighteen inches from inside to inside; and the height to be nine and one-half inches from the centre of the bottom on the inside to the centre of the top; and three of which said described measures, filled and rounded-without heaping-shall constitute a barrel.

SEC. 2. Be it further enacted, That any person or persons, offending against the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum of not less than ten, nor more than one hundred dollars.

Approved December 11, 1882.

No. 14.]

of Sheriff's fees

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To regulate the payment of Sheriffs' fees for feeding prisoners in jail.

SECTION 1. Be it enacted by the General Assembly of Alabama, That the fees now allowed, or which may hereFor payment after be allowed sheriffs for feeding prisoners in jail, shall for feeding pris be payable by the State, and their accounts for the same oners in jail. shall be proved and paid in the same manner as now provided by section 5044 of the Code for proving and paying the accounts due sheriffs which are payable by the State.

SEC. 2. Be it further enacted, That it shall be the duty of the several sheriffs of this State to enter, upon a well bound book to be kept by him, every account paid him by the State for feeding prisoners in jail, which shall be in every respect an exact copy of the account presented to the State, and shall show the amount and date of every such payment, and said book shall be at each term of the Circuit or City Court held for his county, laid by the sheriff before the grand jury, and shall be kept in his office as one of the public records thereof, and upon the expiration of his term shall be turned over to his successor in office.

SEC. 3. Be it further enacted, That in all cases of conviction in any of the courts in this State, the amount of money paid by the State, or for which the State shall have become liable for feeding the parties so convicted while in jail, shall be taxed against the defendant as part of the cost, and collected by execution; Provided, That defendants shall in no case be sentenced to hard labor for the payment of the cost for feeding them while in jail.

SEC. 4. Be it further enacted, That all money collected under the next preceding section shall be paid by the officer collecting the same to the clerk of the Circuit or City Court of the county in which the conviction was had, and such clerk shall give to the officer paying the same receipts in duplicate therefor, showing from whom the money was collected, and the amount collected in each case, one of which receipts shall be forwarded, within ten days, by such officer, to the Auditor of the State. It shall be the duty of the clerks of the Circuit and City Courts to pay over all moneys received by them under the provisions of this act to the State Treasurer, for the use of the State.

SEC. 5. Be it further enacted, That any sheriff or clerk failing to comply with any of the provisions of this act, shall be guilty of a misdemeanor; and any sheriff who shall knowingly receive from the State for feeding prisoners any sum of money to which he is not lawfully entitled, shall be punished as if he had stolen the same.

SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Approved December 11, 1882.

No. 15.]

AN ACT.

[S. B. 19.

To amend section 580 of the Code.

SECTION 1. Be it enacted by the General Assembly of Alabama, That section 580 of the Code be so amended.

Salary of Judg

as to read as follows, to-wit: The annual salary of each es of Supreme Judge of the Supreme Court is thirty-six hundred dollars, Court. SEC. 2. Be it further enacted, That this act shall take effect from and after the first day of January, 1883. Approved December 12, 1882.

No. 16.]

AN ACT

[S. B. 19.

To amend sections 1385, 1388, 1393, 1395, 1396, 1399 of the Code of Alabama, containing regulations of pilots. and pilotage in the bay and harbor of Mobile.

Regula

tions of Pilots

SECTION 1. Be it enacted by the General Assembly of Alabama, That section 1385 of the Code of Alabama be Amended secamended so as to read as follows: § 1385 (1131).-Pi- tions, containlots; how licensed.-The commissioners, or a majority of ing them, have power to grant licenses to persons, not more and Pilotage. than thirty in number, to act as pilots for the outer bar Bay and harof Mobile bay; having first ascertained their fitness by bor of Mobile. such inquiry and examination as they may be enabled to make, and upon the certificate of not less than three nautical men appointed by them for that purpose, that the applicant is well acquainted with the pilot grounds, cur

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