County seat removed Linden.

To provide for the removal of the county seat of Marengo county, Alabama, from Demopolis, in said county, to Linden, in said county.

SECTION 1. Be it enacted by the General Assembly of Alabama, That the county seat for Marengo county be, to and the same is hereby removed from Demopolis, in said county, and that said county seat be, and the same is hereby permanently located in the town of Linden, in said county.

SEC. 2. Be it further enacted, That James D. Fox, F. B. Jackson, and A. A. J. Riddle be, and they are Commission'rs hereby appointed a Board of Commissioners, for the performance of the duties and exercise of the powers hereinafter enjoined and conferred upon them; a majority of said board may act and may fill all vacancies therein.

SEC. 3. Be it further enacted, That said board of Powers and commissioners are hereby empowered to purchase, at a duties of com- reasonable price, for the use of said county, the court

missioners.

house and jail now at Linden, with the lots on which they are situated, and to remove, within two months from the approval of this act, all the books, papers, and records of the several courts and public offices of said county, now required to be kept at the county seat of said county, from Demopolis to Linden, and to furnish the court of county commissioners with the non-perform- amount necessary for such purpose; and failing to perform any of these duties, shall be guilty of a misdemeanor, and on conviction, shall be fined not more than one thousand dollars.

Penalty for

ance.

SEC. 4. Be it further enacted, That any officer of said county failing or refusing to deliver said books, papers, Penalty to and records to said commissioners when applied for, officers not and fail to afford access to the same, shall be guilty of a misdemeanor, and on conviction, shall be fined not more than one thousand dollars.

complying.

be paid.

SEC. 5. Be it further enacted, That all said expenses Expenses to for the public buildings and the removal of the records, books, papers, and furniture shall be allowed by the court of county commissioners by orders on the county treasurer, and if there should not be sufficient funds in

the treasury for that purpose, then said court shall Deficiency of funds supplied levy a special tax on the property of the tax payers of by special tax. said county, to raise a sufficient amount to pay the same: Provided, that any surplus now in the county treasury of said county levied and collected, or to be Proviso. collected, to build or to buy public buildings in Demopolis, shall first be expended for the above object. SEC. 6. Be it further enacted, That any and all con

lic buildings at

tracts for work on public buildings in Demopolis, and Work on puball work thereon, shall cease from the approval of this Demopolis to act, and no payment made for, or by the county, for cease. any work or labor done thereon, from said time.

Commission

sell

SEC. 7. Be it further enacted, That to aid in raising the funds to carry this act into effect, the said board of commissioners are hereby authorized and empowered to ers may sell at private sale or at public auction, all the property property at of said county, in the said city of Demopolis, and Demopolis. place the proceeds in the county treasury to aid in paying said expenses; or if said board shall deem it more to the interest of said county, they are hereby author- same. ized to remove such part or parts of said county property as they may think proper to Linden for the use of the county.

4,

Or remove

SEC. 8. Be it further enacted, That an act entitled Act of Dec. "An act to remove the county seat of Marengo county, Alabama, from Linden, in said county, to the city of Demopolis, in said county," approved, 4th December, A. D. 1868, be, and the same is hereby repealed. Approved, December 4, 1869.

To fix the time of continuance of the circuit court of

Coosa county.

tinue 1 week.

SECTION 1. Be it enacted by the General Assembly of Court to conAlabama, That the circuit court of Coosa county shall be limited at each term to one week.

SEC. 2. Be it further enacted, That all laws contravening the provisions of this act are hereby repealed. Approved, December 9, 1869.

Contravening laws repealed.

pealed.

Provise.

No. 5.]

AN ACT

To re-establish the county of Colbert.

Be it enacted by the General Assembly of Alabama, That the ordinance passed November 29th, 1867, by the State Convention which assembled at Montgomery on the 5th day of November, 1867, entitled "An Ordinance to abolish the new county of Colbert, formed Ordinance re- and established by the last General Assembly," be and the same is hereby repealed; Provided, That the organization of said county shall not take effect until the wishes of the citizens of Franklin county shall be ascertained by a vote taken for that purpose, on the 6th day of January, 1870, in the manner in which elections are held in this State; the Judge of Probate of said county giving notice of the same in a newspaper published in the county, at least two weeks before the said day of voting. Those voting in favor of reorganizing Colbert county shall have printed or written on their ticket the word"Colbert," and those voting against the reorganization of said county shall have printed or written on their ticket "No Colbert." The returns of said voting shall be made by the returning officers of the respective precincts within ten days thereafter to the Governor, who shall open and count them in the presence of the Secretary of State and Auditor, and should they find a majority of the votes given to be in favor of the reorganization of Colbert county, then the Governor shall issue a proclamation announcing that fact, and thereupon said county of Colbert shall be organized according to the laws of Alabama in such cases made and provided.

Approved, December 9, 1869.

To abolish the City Court of Selma, and to transfer all the causes therein pending, both civil and criminal, together with all the dockets, papers and books of the said City Court, to the Circuit Court of Dallas county, Alabama.

Selma abolish

SECTION 1. Be it enacted by the General Assembly of City court of Alabama, That the City Court of Selma, in this State, ed. be and the same is hereby abolished.

transferred to

Causes and

SEC. 2. Be it further enacted, That the Circuit Court of Dallas county, Alabama, shall have, take and exer- Jurisdiction cise as full and complete jurisdiction of all matters, both circuit court. civil and criminal, which have been brought in said City Court of Selma, and which may be, in any way, still depending and undetermined in said City Court, as *if the said causes or matters had been brought or instituted in the said Circuit Court of Dallas. And no causes, indictments, or other proceedings of any kind shall be discontinued by the abolition of said City Court rights not deof Selma, and no rights of any sort are destroyed or stroyed. taken away by the abolition of the said City Court, but the Circuit Court of Dallas county shall take jurisdiction of all matters which have not been fully and finally disposed of by said City Court, and shall exercise jurisdiction and administer justice in the same manner, and to the same extent, as if such matters or proceedings had been brought to, and were still depending in the said Circuit Court.

Process recuit court.

SEC. 3. Be it further enacted, That all process of any and every kind which has been issued to [from] or turnable to cirmade returnable to the said City Court of Selma, shall be returned to, and shall be considered and regarded as returnable to the Circuit Court of Dallas county, in the same manner, and to the same extent as if the same had issued from, and been made returnable to the Circuit Court of Dallas county, Alabama; and all recognizances taken by, or made recognizable by the said City Court, shall be taken and construed, and shall be enforced by the said Circuit Court, as if taken by said Court, or as if they had been made to said Circuit Court.

Recognizances

All jurisdiccircuit court

tion transfer'd

SEC. 4. Be it further enacted, That all the general or special jurisdiction and authority which has been by law conferred upon the City Court of Selma, is here- to by transferred to and conferred upon the Circuit Court of Dallas County, Alabama; and the said Circuit Court of Dallas county is hereby authorized and re- Circuit court quired to take and exercise all the jurisdiction in all risdiction. the matters in the said City Court, which the City Court could have exercised if still in existence; and shall grant all the relief, enforce all the rights and all

to exercise ju

deliv'r dockets

the obligations which the City Court could or should have done if its existence had continued.

SEC. 5. Be it further enacted, That it shall be the Clerk must duty of the clerk of the City Court of Selma to deliver over to the clerk of the Circuit Court of Dallas county, Alabama, all the dockets of the said City Court of every kind, civil and criminal, and all the papers of every kind in all the causes which have been brought in the City Court from its organization to the time of such delivery; and he shall deliver over to the said clerk Shall deliver of the said Circuit Court all the indictments which other papers. have been returned into the said City Court from its organization, together with all the capiases issued, and all the bonds taken in criminal cases, and all other papers connected with any and all criminal causes and proceedings from the organization of said City Court; and all the records and minutes of the said City Court from the organization thereof to the time of delivery, and all other books or papers which appertain to or belong to the said City Court.

indictments &

Records and minutes.

vested with authority.

SEC. 6. Be it further enacted, That the clerk of the Circuit Court shall receive and keep all the dockets, records, minutes, papers, and all other things which apClerk of cir-pertain to said City Court of Selma; and the said clerk cuit court in- of the said Circuit Court is hereby vested with authority to do and perform all acts and discharge all duties in regard to said records, dockets and papers so received by him from the clerk of the said City Court, which the said clerk of the said City Court could or might do if the City Court were still in existence; all the powers of the clerk of the City Court while it existed being hereby conferred on the clerk of the Circuit Court of Dallas county, Alabama.

Approved, December 11, 1869.

To open registration on the day of voting provided by an act passed at the present session of this General Assembly, to be held in the county of Franklin, on the 6th day of January, 1870.

SECTION 1. Be it enacted by the General Assembly of