Prescribing the manner in which Executors, Administrators and Guardians shall execute their official bonds Greene Co. in Greene county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter it shall be the duty of the probate judge of Greene county to keep in his office an original bond book, in which all executors, administrators and guardians shall execute their official bonds, in to keep an the presence of, and to be approved by the probate judge; book." and said original bonds, when so executed and approved, shall in all cases operate as a filing and recording of the same. Approved, December 7, 1866. Probate judge "original bond Stonewall In To amend the Charter of the Stonewall Insurance Co. surance Co. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the fourteenth section of an act en- 14th section of charter recapit titled" An act to incorporate the Stonewall Insurance ulated. Company," approved February 10th, 1866, which section is in the words following, to-wit: "Section 14. Be it further enacted, That in the months of January and July of each year the president and directors of the company shall make, or cause to be made, by the proper officer of the company, an estimate of the profits and losses of the company, and also a statement of all cash paid into the company for or on account of premiums for the preceding six months, and by whom paid, which statements shall be verified by affidavit and filed with the proper officer of the company, for the examination and information of all the parties interested. And if it shall appear from such statements, that the profits of the company do not exceed its losses and expenses by more than ten thousand dollars, the president and directors. shall make no dividend to the stockholders, and shall not award any return premiums to the insurers, but such ex cess of profits shall be kept by the company as a reserve fund to meet future losses or liabilities. But if it shall appear from such statements, that the profits of the company exceed its losses and expenses by more than ten thousand dollars, then the president and directors shall reserve and set apart a proportion thereof, not more than one-half of such excess, as they may think proper, to be kept by the company as a reserve fund, and the residue of such excess shall be rateably apportioned and divided between the several stockholders and insurers, according to the amount of stock held by each stockholder, and the amount of premiums paid by each insurer, and shall order the proper per centage to be paid to the several insurers as returned premiums, and the dividends awarded to the stockholders shall be entered as a credit on their stock notes respectively, until the said notes are fully paid. But if any stockholder has paid his stock note in full, his dividend shall be paid in money"-be, and the same is hereby amended, by striking out from the said Said section section the word "months" where it first occurs in said "month" inst'd section, and inserting in lieu thereof the word “month," and (2) Jan'y and by striking out from said section the words "Januwhere they first ary and" where they first occur in said section, and by striking out the word "six" where it occurs in said sec(3.) "Twelve" tion, and inserting the word "twelve" in lieu thereof, instead of six." and by inserting after the words "returned premiums" where they last occur in said section the following words, "if called for within two years after such order; two years." but if not called for, or demanded within that time, such return premium shall not be payable to the insurers, but Otherwise for shall be thereby forfeited to, and may be retained by the company." amended: of "months," and" struck out occur. Returned pre miums, (4) feited. Repeal. SEC. 2. Be it further enacted, That all laws and parts of laws contrary to the provisions of this act be, and they are hereby repealed. Approved, December 7, 1866. For the relief of the heirs of Thomas Lyle, deceased. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assem heirs bly convened, That James H. McDonald, judge of prodate of Lawernce county, be, and he is hereby authorized, Thos. Lyle's and required to appoint three commissioners, whose duty it shall be to divide a certain tract of land known as the Lamb's Ferry tract, in Lawrence county, according to the interest of the parties concerned, they being heirs of the late Thomas Lyle, of Morgan county, and upon which the said Lyle, deceased, seized and possessed. Approved, December 7, 1866. To repeal Section two of an Act therein named; and to prevent to conversion of money by certain officers. Sec 672 of the SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That section two of an act to "amend sec- Code. tion 672 of the Code," approved, December 7, 1861, datory act rebe, and the same is hereby repealed. SEC. 2. Be it further enacted, That this repeal shall in no wise affect any suit or proceeding instituted or commenced under said section, nor be so construed as to prevent any suit or proceedings for any conversion, or permissive conversion by another, of the monies paid into the probate court under said act prior to the passage of this act. Sec. 2; amen pealed. Suits pending not affected thereby. Nor any "con6th of Decem version," prior to ber, 1866. officers con to own use. SECTION 3. Be it further enacted, That any probate judge, clerk of the circuit court, clerk of any city court, verting money register in chancery, or sheriff, who knowingly converts to his own use, or permits any other person to use, any money paid into his office, by virtue of any decree, order, judgment, writ or execution of or issuing out of the probate, circuit, or city courts, or under any law authorizing or requiring such payment, shall be liable to indictment, Indictment. and on conviction shall forfeit his office, and be punished as if he had feloniously stolen such money. Approved, December 7, 1866. Penalty To regulate the mode of releasing persons held to bail, in this State, where the grounds of bail are denied and where schedules are filed. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General AssemSec. 2182; 1st bly convened, That the first subdivision of section 2182 of the Code of Alabama, be repealed. subdivision repealed. arrests. SEC. 2. Be it further enacted, That when the defenBail process; dant has been arrested by process for bail, under the provisions of chapter four, title one of part three of the Code of Alabama, or of any laws amendatory thereof, he Party; how may obtain his discharge by making affidavit before some discharged. justice of the peace, that the particular fact sworn to by the plaintiff to hold him to bail, is untrue, and that he has no property within the State of Alabama, to satisfy the debt or any part thereof; and that he has not, since the time of his arrest, conveyed, concealed, or caused to be removed from the limits of this State, any property or effects with the intention of defrauding his creditors. Upon the delivery of this affidavit to the arresting officer, the defendant must be discharged from custody; Provi ded, Notice has been given to the plaintiff, and the affidavit is not controverted as required by law; and the officer must make return of such discharge and of the process, with such affidavit. Proviso. and Taylor; warrant in favor of. For the relief of James A. Rhea, M. W. Allen and Henry SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General AssemRhea, Allen, bly convened, That the Comptroller of Public Accounts be, and he is hereby directed to draw his warrant on the treasurer for the sum of two hundred and sixty-four dollars, in favor of James A. Rhea; three hundred and thirty-six dollars in favor of M. W. Allen, and three hundred and ninety dollars in favor of Henry L. Taylor, all of the county of Montgomery; ard the treasurer is hereby directed to pay the same, out of any money in the treasury not otherwise appropriated. Approved, December 7, 1866. To refund to the United States, or to such person as shall pay to the United States, the public moneys appropriated by the State of Alabama from the land office at Greenville, Alabama. ceiver; Greenville land office. WHEREAS, The Convention of Alabama, on the 20th of March, 1861, passed an ordinance appropriating to the use of the State the public moneys at the several land offices in this State, and in accordance therewith, the treasurer of the State did, on the 16th of April, 1861, Herbert, Reorder Thomas E. Herbert, the receiver of the land office at Greenville, Alabama, to turn over all such moneys in his hands into the State treasury; And whereas, the said receiver, in obedience to such order, did, on the first day of May, 1861, pay into the State treasury the sum of two thousand, one hundred and sixty-seven dollars, and ninety-two cents: And whereas, suit has been brought by the United States Government in the district court at Montgomery, against said Receiver, to recover the moneys so appropriated by the State of Alabama, now therefore, U. S. amount ta SECTION. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of two thousand, one hun-Refunding to dred and sixty-seven dollars and ninety-two cents, with ken by State. interest thereon from the first day of May, 1861, together with the costs of said suit, be, and the same is hereby appropriated, out of any moneys in the treasury not otherwise appropriated, for the purpose of refunding to the United States the above sum of money, so taken by the State of Alabama. Warrant on SEC. 2. Be it further enacted, That the Comptroller of Public Accounts shall draw his warrant upon the State treasury. State treasury in favor of said Thomas E. Herbert, for so much of said sum of money appropriated by the first section of this act, as may be equal in amount to the judg |