by this act, or to be applied directly to the building of a county jail, as the said court may deem most conducive to the interests of said county. Approved, November 27, 1866. To regulate the appointment of Overseers and Supervisors of Public Roads in the county of Henry. appointed road SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assem- Henry county. bly convened, That from and after the passage of this act, the acting justices of the peace and their successors in office be, and they are hereby constituted and appointed Justices peace apportioners and supervisors of the public roads in and apportioners. for their respective beats, and it shall be the duty of the apportioners and supervisors in the several beats in said county, to assemble themselves on the first Saturday in February next, or as soon thereafter as practicable, and on the first Saturday in February every two years thereafter, at some convenient place in their respective beats, and appoint all the overseers they may deem necessary to keep the roads of their beats in good order. Meetings. Powers. SEC. 2. Be it further enacted, That the apportioners and supervisors shall have power, and it shall be their The same. duty, to fill all vacancies that may occur in their respective beats by death, removal, or otherwise, at any time, or within ten days after they may have been notified of such vacancy, and any apportioner or supervisor failing to discharge the duties imposed by this act, shall be Penalty. dealt with according to the laws now in force for failing to apportion hands. tified. SEC. 3. Be it further enacted, That the constables in said county shall serve the overseers appointed as provided for in this act, with a written notice of their appoint- Overseers noment as overseers of the roads, and return the same to the probate judge of their county, within thirty days from the time of the appointment of said overseers by the apportioners and supervisors as provided in this act. SEC. 4. Be it further enacted, That in consideration Constables of the services of said constables in serving and returning said notices, they shall not be liable to perform road relieved road duty. from Proviso. of, how kept. duty; Provided, That any constable failing to discharge the duties required of him by the provisions of this act, shall not be entitled to the benefits of the same, and shall be subject to the same pains and penalties as overseers of roads for failing to discharge their duties as such. SEC. 5. Be it further enacted, That the probate judge Overseers, list of said county, shall keep a record of the overseers of roads returned by the constables as provided for by this act, which record shall be evidence of their appointment as overseers of the roads in any suit at law or indictment against them as such. Penalty. SEC. 6. Be it further enacted, That any overseer who shall be appointed as provided for in this act, as the law now in force directs, shall be dealt with as heretofore provided by law. SEC. 7. Be it further enacted, That no overseer shall Ex overseers be exempt from road duty in consequence of having served as such overseer. work roads. Repeal. SEC. 8. Be it further enacted, That all laws and parts of laws contravening the provisions of this act, be, and the same are hereby repealed. Approved, November 27, 1866. Making Appropriation for the Pay of the Members and SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General AssemPay Legisla bly convened, That the sum of thirty thousand dollars be, ture and its of and the same is hereby appropriated and set apart, out of any money in the treasury not otherwise appropriated, for the pay of the members and officers of the present session of the General Assembly. ficers. Approved, November 27, 1866. To provide for the insertion of certain Laws in the Code of Alabama. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assem ted in Judge bly convened, That all laws of a general nature, enacted Acts Legisla during the present session of the General Assembly, ture incorpora shall be embodied by the Hon. A. J. Walker in the Code Walker's Code. of Alabama, now by law under his revision. Approved, November 27, 1866. For the relief of Wm. F. Hanby, Administrator of the Estate of David Hanby, deceased, late of Jefferson county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the probate judge of Jefferson county be, and is hereby authorized and empowered to grant an W. H. Hanby, order to William F. Hanby, the administrator of the &c. estate of David Hanby, late of said county, deceased, to sell the lands of said estate at private sale, so as to vest the title to the same in the purchasers as fully as if sold administrator, in accordance with the provisions of the statute now in Sell lands priforce in Alabama; Provided, That any sale made under vately. such order by said administrator, shall be subject to and governed by sections 1763, 1765, 1766, 1767, 1769, and Proviso. 1770 of the Code of Alabama, so far as they are applicable to the same: And provided further, That should the said judge of probate refuse to confirm any sale so made, he may order the re-sale of said lands, subject to Second proviso. the provisions of the proviso to the first section of this act. Approved, November 27, 1866. Montgomery county. Justices and Constables. Fees. To regulate fees of Justices of the Peace and Constables, in the county of Montgomery. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, that justices of the peace and constables of the county of Montgomery, are entitled to receive for their services hereinafter mentioned, the fees there to respectively annexed, and no more, to be taxed, collected and paid in the manner provided by law: For summons in civil cases and proceedings thereon to judgment... . $1.00 For warrant in qui tam cases, and proceedings there- For subpoena for witnesses.. For execution and taxing costs thereon. For attachment, bond and affidavit. 1.50 25 75 2.00 For summons for garnishee and taking examination 1.00 50 1.00 For attending on trial of right of property 2.00 In cases of forcible entry, and detainer and unlaw ful detainer, for ever summons. 1.00 For certifying costs to circuit, city, or county For taking bail-bond, bond for the forthcoming of 1.00 2.00 1.00 For keeping property levied on, such sum as the justice believes just and reasonable, out of the money in the hands of the constable, or arising from the sale of such property or received by reason of such levy.. IN CRIMINAL CASES. For executing search warrant in day time.... For conveying a person upon a warrant of arrest be- $1.50 3.00 1.00 50 20 SEC. 2. Be it further enacted, That all other laws and parts of laws, either general or special, in relation to fees of justices of the peace and constables in the county of Montgomery be, and the same are hereby repealed. Approved, November 27, 1866. To enable the Chancery Court to decree directly to Julia Desha the estate coming to her under the will of her father, Robert Desha, deceased. In Criminal cases. Repeal. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the chancery court of this State is Julia Desha hereby authorized and empowered to dispense with the can dispense appointment of a trustee for the estate of Julia Desha, with Trustee, derived from the will of her father, the late Robert Chancery Court |