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begin the first Monday in January and may continue until the 30th day of June, except the two weeks beginning the third Monday in February. The second term of the Circuit court in Walker county shall be held on the first Monday in September and may continue until the 31st day of December.

SEC. 5. In the county of Walker jury terms of said court shall be held as follows: The first Monday in January, the third Monday in March, the second Monday in September, and each term thereof may continue as long as the presiding judge may deem necessary to dispose of the business of the court.

Jury terms.

Chancery

SEC. 6. That the court herein established shall have and exercise all the jurisdiction and powers which now are, or may hereafter be by law conferred upon the Chancery courts of the State, and Jurisdiction. the judge of the said court shall have and exercise all the prisdiction and powers which now are, or may hereafter be conferred upon the Chancellors. When exercising the powers and jurisdiction of the Court of Equity it shall conform to the rules of procedure and practice in the Chancery Courts in this State.

Rules of

SEC. 7. The presiding judge of said court shall have power to make and adopt such rules of prac practice. tice as he may deem proper and to amend the same as he may find expedient. The said rules shall be entered on record upon the minutes of said court. SEC. 8.-A peremptory call of the equity docket of said court for Walker county shall be held as follows: The first Monday in March, the third call. Monday in June, and the third Monday in November.

Peremptory

Register in

SEC. 9.-The Judge of the Circuit Court shall appoint a Register for the equity side of the docket equity. for each county, who shall hold office during the term for which the judge appointing him was elected; Provided, that the present Register in Chancery for the Chancery District composed of Walker and Winston counties shall remain in office until the expiration of his present term. The official bond, duties, liabilities, fees and commissions of

Cases transferred.

Equity docket.

Repeal.

the Register of said court shall be the same as those of the Registers in Chancery in this State and he shall be the custodian of all the books, records and papers pertaining to the equity side of said court.

SEC. 10.-All cases and court business now pending in the Chancery and Circuit Courts of Walker and Winston counties, and all cases and business now pending in the Walker County Law and Equity Court are hereby transferred to the court created by this act and shall be tried or disposed of in said court.

SEC. 11.-All cases hereafter filed on the equity side of said court for Winston County shall be filed in Winston county. A peremptory call of the equity docket of said court for Winston county shall be held as follows: The fourth Monday in February and August, and may continue in session one week.

SEC. 12. That all laws and parts of laws in conflict with this act be, and the same are hereby repealed.

Approved March 6, 1903.

No. 86.)

AN ACT

(H. 84.

To authorize Boards of Revenue and Courts of County Commissioners in the several counties in the State of Alabama, to cause elections to be held in their respective counties, to authorize the issue of bonds for constructing or pay debts created for constructing public buildings, including school houses and buildings, public roads and bridges, and for such other purposes as may be authorized by law; to provide for the manner of giving notice of such election, the manner of holding same, and the payment of expenses thereby incurred; and to authorize the issue of bonds when at such election the voters thereat shall decide in favor of such bond issue. Be it enacted by the Legislature of Alabama as follows:

provements.

SECTION 1.-The Courts of County Commissioners and Boards of Revenue in the several counties Authority of County Boards in the State of Alabama are hereby authorized to of Revenue to order elections to be held in their respective coun- order election ties for the purpose of the qualified electors of such for public imcounties voting upon and deciding the question as to whether or not the bonds of the county shall be issued for the purpose of constructing or pay debts created for constructing public buildings, including school houses and buildings, public roads, bridges, or other such purposes as are authorized by law, whenever such courts or boards deem it necessary; but no second election under this act shall be held within two years of an election theretofore held for the same purpose, unless it be to authorize the issue of bonds to rebuild public buildings, including school houses and buildings or bridges destroyed since the issue of the order for the holding of such first election.

Notice of

SEC. 2.-Notice of such election shall be given for thirty days by publication in a newspaper published in the county in which such election is to be held once a week for three successive weeks, which notice shall state the purpose for which the election is to election. be held, and the time and place of holding the same, the amount of the proposed bond issue, and rate of interest proposed to be paid and the time for which such bond shall run, and the purpose for which the bonds are to be issued, and such notice shall be signed by the Probate Judge or chairman of the Board of Revenue of the county in which such election is to be held, and if no newspaper is published in the county, such notice must be posted in five public places in the county at least thirty days before the time of holding said election.

SEC. 3. The ballot used at such election must be prepared by the Probate Judge and shall contain the words "for-bond issue," and "against-bond Method of issue," (the character of the bond to be shown in election. the blank space), and the voter shall indicate his choice by placing a cross mark before or after the one or the other.

Managers of election,

Notice for holding election.

Limit of indebtedness.

SEC. 4.-It shall be the duty of the Probate Judge the Circuit Clerk and the Sheriff of the counties where elections are held under this act, to appoint three managers and one returning officer to conduct the election in each beat or polling place in the county; and in the appointment of managers said officers shall, if practicable, appoint one person who is known to be in favor of the issuance of the proposed bonds, and one person who is known to be opposed to the issuance of the proposed bonds, and said managers shall all reside in the beats, wards or precincts where they are appointed to serve; and shall be qualified electors at said election.

SEC. 5.-When any Court of County Commissioners or Board of Revenue shall decide to call an election to be held under this act, notice in writing of such action shall be given to the clerk of the Circuit Court, the Probate Judge and Sheriff, whose duty it shall be to appoint, within three days after receiving such notice, managers and returning officers to conduct said election, and it shall be the duty of the Sheriff of the county to notify the managers and returning officers of their appointments, and to send out the boxes and ballots to the several beats or voting precincts in the county.

SEC. 5 1-2.-No county shall become indebted in an amount including present indebtedness, greater than three and one-half per centum of the assessed value of the property therein; provided, this limitation shall not effect any existing indebtedness in excess of such three and one-half per centum, which has already been created or authorized by existing law to be created; provided, that any county which has already incurred a debt exceeding three and one-half per centum of the assessed value of the property therein, shall be authorized to incur an indebtedness of one and a half per centum of the assessed value of such property in addition to the debt already existing. Nothing herein contained shall prevent any county from issuing bonds, or other obligations, to fund or refund any indebtedness now existing or authorized by existing laws to be created.

SEC. 6.

All expenses for holding such elections

election.

shall be paid out of the treasury of the county in Expenses of which the same is held; and the managers, clerks and returning officers shall be entitled to the same compensation as managers, clerks and returning officers of the general elections.

SEC. 7.-The clerk of the Circuit Court, Probate Judge and Sheriff of the county in which an election is held under this act shall constitute a board to canvass the returns and declare the results of such election and it shall be their duty to meet at the court house of the county in which the election. is to be held, on the Saturday following holding said election and canvass the returns and declare the result of said election; and in case either of the three should be absent, the two present are hereby authorized to act.

Canvassing

board.

SEC. 8-Any election held under the provisions of this act can be contested under the provisions Contests. of the Code of Alabama regulating the contests of elections of Justices of the Peace, but no contest of an election can be instituted after the expiration of ten days from the date of the canvass of the returns of said election.

SEC. 9.-The record of the result of the election

held hereunder as returned by the board of canvas- Record of reers shall be recorded in the minutes of the Board turning board. of Revenue or Court of County Commissioners of the county in which the same is held, and when so recorded the record shall be conclusive evidence of the matters therein stated and of the validity of such election, unless contested as provided in the preceding section.

SEC. 10.-If at an election held under and according to the provisions of this act a majority

of the qualified electors voting at such election of Issuance of the county in which the election is held, vote "For bonds. bond issue," the Court of County Commissioners or Board of Revenue of the county in which such election is held is hereby authorized to issue the bonds of such county in the amount and for the purposes mentioned in the notice of said election.

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