months from the day of sale, may sue for and recover the possession of the land purchased, and hold possession, subject to the right of redemption as provided by law.

If for any cause the sale is ineffectual to pass the title, except in cases where by law sales are expressly declared invalid. it operates as an assignment to the purchaser of all the rights and liens of the State and county in and to the land sold; and when land is sold for taxes which is not liable therefor, the purchaser may recover from the officer by whose fault or neglect the assessment or sale was made, and the sureties on his official bond, the purchase money with interest at 12 per cent. per annum. No action for the recovery of land sold for taxes lies, unless brought within three years from the date when the purchaser became entitled to demand a deed therefor; but when the owner, at the time of the sale, was a minor or insane, he is allowed two years after his disability is removed, to bring such action.

Redemption of Land Sold for Taxes.-Land sold for taxes and bought by a purchaser, other than the State must be redeemed within two years from the date of sale; but a minor or lunatic may redeem within one year after the removal of his disability. When the land is sold to a purchaser, other than the State, and the owner is known to the purchaser, the time for redemption does not begin to run until the purchaser has made demand for possession, in the mode prescribed by law.

To redeem, whether the land has been sold to the State or an individual, the person redeeming must deposit with the judge of probate of the county, the amount of money for which the land was sold, with interest at the rate of fifteen per cent. per annum, and all taxes which have been assessed upon said land since the day of sale, or, if purchased by the State, such taxes as should have been assessed, had the land been in the possession of an individual, and interest thereon at the rate of eight per cent., together with all legal costs and one dollar to the judge of probate; and the law permits a separate redemption of distinct parcels of lands sold for taxes under one decree, if the values have been separately ascertained by the assessment, in favor of any party interested other than the person against whom the decree was rendered. A purchaser

who has obtained possession of land purchased at a tax sale, upon its redemption, is not liable to account for its rents and profits during such possession, unless the owner, at the time of the sale, was a minor or person of unsound mind, and had no guardian, or his guardian was not lawfully served with notice. of the proceedings for the sale of the land, in which event he is liable for such rents. On the redemption of land, the judge of probate issues to the person redeeming a certificate of redemption, in the form prescribed by law, which entitles him to a release of the land.

Land sold for taxes and bid in by the State, and not redeemed as provided by law, after five years have elapsed, becomes the property of the State and must be sold by the probate judge of the county, in the manner and at the time prescribed by the act of February 18, 1891, to satisfy the taxes and charges due thereon.

PART FOURTH.

SUMMARY OF THE BUSINESS LAWS AND STATUTES OF ALABAMA.

THE CODE OF ALABAMA.

The "Code of Alabama" embraces all the public statutes of the State of a general nature, both civil and criminal, and regulates completely, as far as a Code can, the subject to which it relates. The Code has been in existence nearly half a century, and it is revised every ten years, in compliance with Art. IV, Sec. 46, of the Constitution. The Code now in use is the Code of 1886. At present, it consists of two volumes, the first volume embracing the civil and the second volume the criminal statutes. The price, for the two volumes, is four dollars and it can be purchased of the Secretary of State.

SESSION ACTS.

After each session of the general assembly, which are biennial, the acts and joint resolutions of that body are printed and published in a volume commonly known as "Session Acts." These are, also, kept for sale by the Secretary of State. Price, one dollar and a half to two dollars a volume.

MISCELLANEOUS CODE PROVISIONS.

Within the meaning of the Code, the following words have the following signification:

"Person" includes a corporation.

"Writing" includes printing on paper, and an instrument partly written and partly printed.

“Oath” includes affirmation.

Signature" or "subscription" includes mark, when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness, thus:

his

Richard X Roe; John Doe, witness.*

mark

"Month" means a calendar month and "year" a calendar year unless otherwise expressed.

Words giving joint authority to three or more persons, give such authority to a majority unless otherwise expressed.

The time within which any act is required by law to be done, must be computed by excluding the first day and including the last; if the last day is Sunday it also must be excluded.

When notice is required to be given by advertisement in a newspaper, and the length of time be not prescribed, it must be for three successive weeks.

When by law a bond is required, an undertaking without seal is sufficient.

All writings which import on their face to be under seal are to be taken as sealed.

A seal is not necessary to convey the legal title to land. When a seal is required, a simple scroll with the pen, with or without the word seal written therein, is sufficient.

NOTARIES PUBLIC.

A competent number of notaries public for each county in the State are appointed by the Governor, who hold office for

• When the mark is to a conveyance of land it must be attested by two witnesses who are able to write, and who must write their names as witnesses.

three years from the date of their commissions and until their successors are qualified, and women, citizens of the State, are eligible to this office.

Where there is no notary public, or he is absent or incapable of acting, any justice of the peace may discharge the duties required of a notary, setting forth in his certificate, protest or notice that there is no notary public, or that the notary is absent or incapable of acting.

A notary vacates his office by removal from the county, and he may be removed by the Governor in his discretion. The notary's bond is $1,000, and he is paid fees, prescribed by law. He must provide an official seal for the authentication of his acts as a commercial notary, and keep a register of such acts and give certified copies therefrom, when required, and on payment of his legal fees.

The notary has authority to administer oaths in all matters incident to his office to take the acknowledgment or proof of instruments of writing relating to commerce or navigation, and to certify his acts under his official seal; to demand acceptance and payment of commercial paper, and to protest the same, and to exercise such other powers as, according to commercial usage or the laws of this State, may belong to notaries public.

In addition to his powers as commercial notary, the notary has the authority of a justice of the peace, to take and certify the acknowledgment or proof of conveyances, and to administer oaths, and to take and certify affidavits, and is entitled to the same fees therefor. When acting as a justice and the instrument is to be used within the State, it is not necessary to the authentication of his act that his official seal be affixed; and in any case, when so acting, his seal is to be affixed only at the request of the party for whom the service is rendered, and he is then entitled to an additional fee of twenty-five cents for the seal.*

In addition to these commercial notaries, who have the authority of a justice of the peace only to the extent of administering oaths and affidavits and of taking and certifying acknowledgments and proofs of conveyances, the Constitution, Art. VI, Sec. 26, provides "that the Governor may appoint oue notary public for each election precinct in counties, and one for each ward in cities of over 5,000 inhabitants, who, in addition to the powers of notary, shall have and exercise the same jurisdiction as justices of the peace within the precincts and wards for which they are respectively appointed."