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ciate justices shall hold for a term of four years,
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and two of the associate justices shall hold for a
term of two years, and that it shall be determined as
now provided by the constitution with reference to
determining which of the associates heretofore
with the chief justice constituting the court should
hold for four and which for two years, which of
said six associate justices shall hold for the term
of
six, which for four and which for two years. so
that hereaafter one-third of said associate justices
shall be elected every two years for terms of six
years

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SEC. 2.—That hereafter said court may sit, hear, consider and determine powers and jurisdiction, in sections of four judges, such sections, to be constituted from time to time by the chief justice, who as far as practicable must be a member of all sections; and any section of which it is impracticable for the chief justice ble for to be a member shall be presided over by that one of the associate justices in such section who has prece dence on the bench; Provided, that no former adjudication of the court shall be overruled or mateconsultation of the court as a whole, and provided further that when there is dissent in a section upon any material ques

causes and exe all its

rially modified except upon

tion the same shall be considered and determined in bank.

SEC. 3. That the concurrence of four judges in the determination of any cause shall be necessary and sufficient thereto, except when by reason of concurrence or disqualification the number of judges competent to disqualification. sit therein is reduced to five or to four, in which

Provisions in case of non

case such reduced number shall constitute the court, and the concurrence of three judges shall suffice; Provided, that when by reason of disqualification the number of judges competent to sit in a cause is reduced to six or to four and there is equal division among them on any question material to the determination of the case, the fact shall be certified by the chief justice, or, when he is disqualified, by the judges sitting to the governor, who shall At lower 1 to blod der

thereupon appoint a member of the bar of the Supreme Court to sit as a judge of said court in the determination of said cause; and similarly when by reason of disqualification none of the judges is competent to sit in a cause or the number is reduced below four, the fact shall be certified by the chief justice if he is competent to sit, or if not, by the judge or the judges sitting, or if none is competent, by the clerk of the court, to the governor, who shall thereupon appoint a number of members of the bar of the Supreme Court to constitute a special court of five members for the consideration and determination of such cause, the word "disqualification" as used in this section being taken to include inability to sit by reason of prolonged illness of a chronic nature.

Names of judges stated in final

SEC. 4. That the minutes of the court and the reports of its decisions shall state the names of the decisions. judges sitting in the final decision of causes.

SEC. 5.-This act shall not take effect until the Effective Nov. next general election in November, 1904, except for 1904. the purpose of election of the chief justice and six pro that justice and associate judges as herein provided for. Approved October 10, 1903.

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Granting to the Trustees of the Insane Hospitals of the State of Alabama, all swamp and overflowed lands which were granted to said State by act of September 28, 1850, and to provide for the sale of said lands by said trustees and to authorize said trustees to settle disputes as to title to suchof said lands as have heretofore been illegally sold and to provide for the disposition of the funds arising from such sales and settlements. Whereas, by an act approved January 30, 1875, the proceeds of the sale of all swamp and overflowed lands granted to the State of Alabama and other States under act of Septem

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Disposition of swamp and overflowed

lands.

may obtain patents.

ber 28, 1850, were appropriated for the purposes of furnishing accommodations for the idiotic and indigent insane of the State of Alabama, and whereas there are certain of said lands remaining unsold, and whereas there are disputes as to the legality of certain alleged sales of said lands. Now there for be it enacted by the Legislature of Alabama:

SECTION 1.-That all of said lands which are now or may hereafter be owned by the State of Alabama to which there are no adverse claims be and the same are hereby granted to the Trustees of the Alabama Insane Hospitals to be sold or disposed of by such trustees under and by such rules and regulations as they may see fit to adopt.

SEC. 2. That whenever called upon by said How purchasers Trustees, the Governor shall cause patents to be issued to said Trustees to said lands in order that those purchasing said lands from said Trustees shall have a perfect claim of title to same. That to all lands sold under the first section of this bill, the Governor shall cause patents to be issued to said trustees and said Trustees shall in turn convay same to such purchasers.

How alleged

established and title secured.

SEC. 3.-That all persons claiming title to any swamp and overflowed lands in the State under any claims may be alleged purchase from it by themselves, or their predecessors in title, may submit claims therefor to said Trustees of the Alabama Insane Hospital, together with such evidence of such purchase and with the present interest of the claimant therein as such claimant may see fit, whereupon it shall be the duty of said trustees to examine into said alleged title and if it be found that the State has parted with its title to any of such lands in a legal and effective way, the trustees shall so determine and certify to the Governor, but if the Trustees shall find that the State has not parted in a legal or effective way with the title to any such lands, but that any consideration of equity or justice requires a settlement with the purchaser or his suc

cessor in title, they shall have the power to settle and adjust the said title upon such terms as to the payment of further consideration or otherwise, as they may think right; upon such adjustment they shall so certify to the Governor, upon receipt of certificates as above the Governor shall cause patents to issue to the claimant under the Seal of the State to the lands covered by such certificate, and shall vest a fee simple title in the grantee named in such patent.

Titles prior to
Feb. 12, 1879, not

SEC. 4.-Nothing in this act shall be so construed as to authorize the said Trustees to interfere with or disturb the title and possession of the purchaser to be disturbed. or present owner of any such swamp and overflowed lands which were sold prior to the passage of the act approved February 12, 1879, and the sales of which were confirmed by the said act.

Approved October 10, 1903.

No. 541.)

AN ACT

(H. 288.

To regulate running, operating or driving automobiles, locomobiles and meter vehicles of like kind upon the public roads and highways of this State.

automobiles, etc

Be it enacted by the Legislature of Alabama: SECTION 1.-That it shall be unlawful for any per- To regulate the son to run, operate or drive any automobile, loco-operation of mobile, or motor vehicle of like kind on the public roads and highways of this State without first registering same as hereinafter provided and without complying with the provisions of this act.

with Probate Judge.

SEC. 2. That any person acquiring any automo- Owner of motor bile, locomobile or motor vehicle, shall within ten vehicle must days after acquiring the same register such vehicle register same in the office of the probate judge of the county of the residence of the owner or in which said vehicle is to be run or operated, in a book to be kept for that purpose by said judge, giving the name and exact residence of the owner or person who shall run

What speed allowed.

Speed limit.

Equipment required.

or operate said automobile, locomobile or motor vehicle, of like kind, and the name and style of the vehicle. Said book shall be open to the inspection of the public at all times. Said probate judge shall thereupon issue his certificate of registration of such person, showing the name and residence of the owner or person who shall run or operate said vehicle, the name and style of the vehicle and the number of the certificate of registration, beginning with number one and numbering forward in numerical order as the applications for registration are made. Such certificate of registration and number shall not be transferable. Such probate judge shall be entitled to a fee of twenty-five cents for each certificate of registration under this act to be paid by the applicant. This section shall not apply to a person, manufacturing or dealing in automobiles, locomobiles or motor vehicles, except those for his own private use.

SEC. 3.-No automobile, locomobile, or motor vehicle propelled by steam, gasoline or electricity or other source of energy shall pass a person driving a horse or horses or other domestic animal, or foot passengers walking in the roadway of the highway, at a greater rate of speed than eight miles per hour, nor pass a public school, in school days when school is held between the hours of eight o'clock ante meridian and four o'clock past meridian, or pass a building of public worship on the Sabbath day during the usual hours of service at a greater rate of speed than eight miles per hour, or cross a dam or causeway where the traveled portion of the road bed is less than twenty feet wide at a greater rate of speed than four miles per hour.

SEC. 4. That no person shall run, operate or drive an automobile, locomobile or motor vehicle of like kind on any public road or highway of this State at a greater rate of speed than eight miles an hour.

SEC. 5.

That it shall be unlawful for any person to run, operate or drive any automobile, locomobile or motor vehicle of like kind upon the public roads and highways of this State unless the same be equip

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