County site.

Lineville,

that no oath for such change of venue shall be required. SEC. 6. Be it further enacted, That at the election required by the second and third sections of this act, to be held for the election of county officers for said county of Clay, there shall also be held an election for a county site for said county, and if more than two places are voted for upon the first ballot, that place shall be the county site only on condition that it has received a majority of all the votes cast; and if no one place has received a majority, then the commissioners shall be empowered to put in nomination two places receiving the highest number of votes cast, and in like manner said commissioners shall proceed to advertise for thirty days at the various precincts in said new county and hold an election for county site, and the place receiving the highest number of votes shall be the county site.

SEC. 7. Be it further enacted, That the town of Lineville shall be the place of holding the different courts of temporary C. H. record in said new county of Clay, until a suitable court house can be erected.

Area.

SEC. 8. And be it further enacted, That said new county of Clay has within its bourds six hundred and twelve Inhabitants. square miles and eight thousand one hundred inhabitants.

Approved, December 7, 1866.

Bank of Sel

To destroy the canceled bills or notes of the Bank of Selma, now or hereafter received in the office of the the Comptroller of Public Accounts.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Comptroller of Public Accounts ma; canceled and Treasurer of this State be, and are hereby authorized to register, burn and destroy the canceled bills or notes of bank of Selma, now or hereafter received in the office of the Comptroller of Public Accounts.

bills.

Approved, December 7, 1866.

To relieve the destitute of this State for the year 1867.

$250,000 appro

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 hundred and fifty thousand dollars is hereby appropriated, out of the bonds priated for the now in the possession of the Governor of this State, issued destitute. pursuant to an act approved December 15, 1865, for purpose of aiding the indigent and needy people of the State.

the

SEC. 2. Be it further enacted, That the Governor shall have the authority and power to use the sum mentioned in section first of this act, or so much thereof as he may in his discretion deem necessary to relieve the suffering destitute people of this State, during the year 1867.

How expended.

Additional ap

necessary.

SEC. 3. Be it further enacted, That should the said sum named in section first of this act, prove to be insuf-propriation, if ficient to meet the actual necessities of the said destitute, he is hereby authorized and empowered to use any other una propriated bonds now in his hands, or any money in the State treasury, not otherwise appropriated, that may be, in his discretion, necessary to relieve the said suffering destitute; and that for the purpose of efficiently carrying into effect the provisions of this act, the Governor is authorized to employ such agent or agents as may be, in his judgment, required. SEC. 4. Be it further enacted, That all the moneys and Monies or bonds bonds expended by the Governor in furnishing supplies Governor, rati to the destitute, for the year 1866, be, and the same is hereby ratified and confirmed.

Approved, December 7, 1866.

To authorize Courts of Probate to issue process of garnishment on money decrees in their courts.

Governor may

employ agents.

so expended by

fied.

nishments on

SECTION. 1. Be it enacted by the Senate and House of Probate courts Representatives of the State of Alabama in General Assem- may issue gar bly convened, That courts of probate may issue process decrees. of garnishment in their respective courts upon decrees

lateral issues on

garnishee's an

for money in favor of plaintiffs in such decrees, returnable to the regular terms of said courts, upon the compliance with the laws respecting and authorizing garnishments in the circuit courts of this State, on judgments, and shall have power and authority to render up judgments or decrees on the answers of such garnishees, and enforce the collection thereof by execution, as may be

necessary.

SEC. 2. Be it further enacted, That said courts shall May try col have power and authority to try all collateral issues that may grow out of the answers of any such garnishees, both as to a contest of the answer or a claim of an alleged transferee.

swer.

SEC. 3. Be it further enacted, That the provisions of Garnishment articles five and six of chapter one, title two of part the laws apply to third of the Code of Alabama, are applicable to garnishments in the courts of probate.

probate courts.

since 20th July, '65, valid.

SEC. 4. Be it further enacted, That all processes of Garnishments garnishment which may have been regularly issued by any court of probate of said State, since the 20th day of July, 1865, upon any money decree in said court, and all orders and decrees rendered thereon, and all proceedings regularly had by said courts thereon since said date, be, and the same are hereby ratified, and held good, legal and valid, the same as if the said courts had had the authority to issue such process, and make such orders at the dates thereof; Provided, Nothing herein contained shall prevent any party from litigating any of such matters on their merits; And provided further, That the inObject of this tent and object of this section is only to heal and make valid process.

Proviso.

section.

Preamble.

Approved, December 7, 1866.

To drain Beech Creek swamp, in Dallas county, and to assess a tax upon the owners of land improved thereby.

WHEREAS, It is necessary for the preservation of the health of a large portion of the population of Dallas county, that the swamp on Beech creek and its tributaries, should be thoroughly drained

SECTION 1. Be it enacted by the Senate and House of

Representatives of the State of Alabama in General Assembly convened, That all necessary power aud authority is conferred on the mayor of the city of Selma, and on his successors in office, to cause to be surveyed, located and opened, all such canals, ditches and drains, as may be necessary for the thorough drainage of the body of swamp land in Dallas county, known as Beech creek swamp, lying on Beech creek and its tributaries; and for this purpose, the right of way and of free access to any lands in said swamp or its vicinity, is granted to the said mayor, and the persons employed by him.

Mayor of Sel

ma may drain

Beech Creek

swamp.

council in mat

City responsi

$25,000 raised

SEC. 2. Be it further enacted, That the mayor of the city of Selma, in surveying, locating and opening such Mayor to obey drainage, shall be controlled by the resolutions of the ter. city council of Selma, passed in accordance with its bylaws, and said city council is empowered so to direct and control the mayor; and the city of Selma is responsible, ble. in all respects, for the action of the mayor in the premises. The city of Selma has authority to raise the sum of twenty- by special tax. five thousand dollars, by a tax on property within its limits, to be applied to the purpose aforesaid; or to issue its bonds, to the amount of twenty-five thousand dollars, Bonas. payable at twenty years, with interest at a rate not exceeding eight per centum per annum, with interest coupons, payable semi-annually, and to pledge its revenues and public property for the payment of such bonds and interest, which said bonds may be sold at not less than fair valuation.

SEC. 3. Be it further enacted, That all moneys arising Disposition of under this act shall be paid into the city treasury, and funds. may be drawn therefrom on the warrant of the mayor, approved by the city council.

SEC. 4. Be it further enacted, That the mayor of the city of Selma may appoint an overseer of the laborers Overseer. condemned by law to labor on public works, who may be employed by the said mayor in draining said swamp, and said overseer shall have the same power and authority and shall be governed, in all respects, by the same laws, and shall be liable to the same fines and penalties and indictments, as are imposed by the laws of Alabama on overseers of persons condemned to labor on public works.

SEC. 5. Be it further enacted, That any court in Dal- "Condemned las county may, on the written request of the mayor of persons:" how Selma, turn over any persons condemned by law to la

used.

Proviso.

ages.

Proceedings

thereon.

bor on public works, and such persons shall be in the lawful charge and custody of such overseer until discharged by law; Provided, That the city of Selma is responsible for the support and maintenance of such condemned persons, free of expense to the county of Dallas, or the State of Alabama, while such laborers are in the custody of such overseer.

SEC. 6. Be it further enacted, That after such canals, ditches and drains are located, notice shall be given by Publication. publication for twenty days in the newspapers published in Selma, of the names of the persons on whose lands such drainage may be located, and of the persons whose lands will be affected in value by such drainage, not exceeding three miles from any part of such drainage, during which time any person or persons whose lands are embraced in said notice, or who may claim said lands, or any interest therein, may present their claims and deClaim for dam mands for damages to the judge of the city court of Selma, by petition in writing; whereupon said judge shall cause the sheriff of Dallas county to summon a jury of survey, consisting of six white male freeholders of said county, who shall proceed to examine the premises mentioned in the petition, and assess the damages, if any, that may be due to the petitioner by reason of such drainage. Said jury shall be sworn by the judge or the sheriff, that they will impartially assess the value of the damages, if any, that has occurred, or may occur, to the lands mentioned "in the petition, and a true verdict render;" such juror may be challenged for cause by either party, as in civil cases, and if any one be excluded for cause, their places may be supplied by qualified jurors; such jury must proceed with all convenient dispatch to survey the premises, and may examine witnesses, on oath to be administered by any of the body, and must return their verdict in writing to the clerk of the city court of Selma.

Mayor's peti tion.

SEC. 7. Be it further enacted, That in like manner the mayor may present his petition to said judge, for an assessment of the value that may be added to any such land by such drainage, and a copy of such petition shall be served upon the owner or claimant, or person occupying Proceedings said lands; and, on proof of such service, the judge of the city court shall cause a jury to be summoned, as hereinbefore provided, who shall in like manner proceed to assess such additional value, if any, and shall return