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such requisition, to give such additional bond, his office is vacated, and the judge of probate must certify the vacancy to the governor.

(Aikin's Digest, p. 96, § 3; Clay's Digest, p. 159, § 3.)

110. (1082) (932) (861) (946) (811) Liability for neglect of duty. For the failure to perform any duty, or the improper or neglectful performance of such duty, or for any wrongful act committed under color of office by the coroner, or the special coroner, while discharging the duties of sheriff, such coroner and his sureties, and such special coroner, are liable to the same penalties, forfeitures and judgments given by law against sheriffs in like cases, to and upon the same proceedings and remedies as are given by law against sheriffs and their sureties.

(Aikin's Digest, p. 96, § 4; Clay's Digest, p. 159, § 4.)

111. (1083) (929) (858) (942) (807) Special coroner; when and by whom appointed. The judge of probate has authority to appoint a special coroner

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1. When the coroner has not qualified or the office is va cant, and the emergency requires such officer.

2. When the coroner is absent from the county, having no deputy therein.

3. When the coroner is imprisoned.

4. When the sheriff and coroner are both parties, or both interested.

Original statutes providing for, passed Feb. 10, 1807.-Toulmin's Digest, pp. 717 et seq. (Clay's Digest, p. 159, § 7.)

112. (1084) (930) (859) (943, 944) (808, 809) Duties of special coroner.-A special coroner must discharge the duties of sheriff in such cases as the coroner is required, and also when the sheriff and coroner are imprisoned, and, on the direction of the judge of probate, when they are both parties, or both interested.

CROSS REFERENCES.

CORONER (Criminal Code)

CORPORATIONS (Civil Code)

CORPORATIONS, FOREIGN; RIGHTS AND DUTIES OF (Civil Code)

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CO-TENANTS; OFFENSES CONCERNING (Criminal Code)

COTTON MILLS; INSPECTION OF (Criminal Code)

.7162-7175

...3445-3661

3638-3661

.6623-6630

.3662-3729

6631-6670

.5384-5409

7821

7212-7222

CHAPTER 10.

COTTON STATISTICS. 113-120.

SECTION.

Aug. 13, 1907, p. 741, § 1.

1b.

Aug. 13,

1907, p.

741. § 2.

Ib., § 3.

SECTION.

113. Bureau of cotton statistics es-
tablished.

114. Director; appointment, salary,

and bond of.

115. Duties of director.
116. Ginners notify director.

117. Record of ginneries.

118. Field agents, appointment and
duties of.

119. Expenses of bureau; how in-
curred, audited, and paid.
120. Laws repealed.

113. Bureau of cotton statistics established.-There is created and established a bureau, in connection with the department of agriculture and industries, to be known as the Alabama bureau of cotton statistics.

114. Director; appointment, salary and bond of. The bureau shall be under the management of a director, who shall be appointed by the governor, and shall hold office for a term of four years, unless sooner removed for cause, whose compensation shall be fifteen hundred dollars per annum. Said director shall give a bond in the sum of five thousand dollars, to be approved by the governor, and conditioned upon the full and faithful performance of his duties.

115. Duties of director.-The director shall prepare and keep a list of all cotton ginners and public warehousemen in the state; shall provide all such with copies of this chapter and with suitable forms for making reports, and shall collect, compile and publish, as hereinafter prescribed, full statistics of cotton ginned and warehoused within the state, and such other cotton statistics as in his discretion may be necessary to show the annual production and distribution of cotton for the state. The dates to which the reports of cotton ginned shall relate shall be same as provided for by the national government. The director shall require said ginners and others to make reports to the Alabama bureau of cotton statistics of the quantity of cotton ginned and warehoused to the dates specified, to report in accordance with forms which may be furnished them by the said director.

116. Ginners notify director.-Every individual, firm or corporation, before engaging in the business of ginning seed cotton in the State of Alabama, shall notify the director of their intention to operate a ginnery during the current season, and requesting such blanks as herein provided for the making of reports.

741, § 5.

117. Record of ginneries.-Every individual, firm, or cor- Aug. 13, poration operating a ginnery in this state shall keep a book 1907, p. record of all cotton ginned, both on his own account and for others, the name of the person or persons for whom ginned, and the dates on which ginned.

118. Field agents, appointment and duties of.-The direc- Ib., § 7. tor of said bureau may appoint and commission such local field agents to assist in the collection of these reports as in his discretion may be deemed expedient, said agents to serve without compensation.

119. Expenses of bureau; how incurred, audited and paid.— Ib. The director may, with the consent and approval of the governor, incur all necessary expenses, including books, postage, stationery, office supplies, and clerical assistance, as may be necessary to defray the expenses of such bureau. Upon approval by the governor of vouchers of such expenses, the auditor shall issue a warrant on the treasurer for the amount so approved. Such warrant shall be paid by the treasurer, and for this purpose the sum of fifteen hundred dollars per annum, or so much thereof as may be necessary, is appropriated out of the money in the treasury not heretofore otherwise appropriated, for each of the fiscal years.

1907, p.

120. Laws repealed.-All laws and parts of laws incon- Aug. 13, sistent with the provisions of this chapter are hereby repealed.

741, § 8.

CROSS REFERENCES.

COTTON (Civil Code)

COTTON (Criminal Code)

COTTON SEED (weight per bu. thirty-two lbs.) (Political Code)

COTTONSEED MEAL (Political Code)

COUNCIL OF MUNICIPALITIES (Political Code)

.3730-3734
.6671-6690

.... 2439

.49- 50 1192-1198

COUNSEL (Criminal Code)

COUNTERFEITING (Criminal Code)

7839-7841

.6909-6919, 7077, 6882

Names of.

CHAPTER 11.

COUNTIES. 121-207.

NAMES OF. 121-123.

PROPERTY OF, BUILDINGS, COURTHOUSES, JAILS, ETC. 128-145.
CLAIMS, DEBTS, AND DEMANDS AGAINST COUNTY.

ARTICLE 1.

ARTICLE 2.

NEW COUNTIES. 124-127.

ARTICLE 3.

ARTICLE 4.

ARTICLE 5.

ARTICLE 6.

LAWS OF COUNTY CODIFIED. 156.

ARTICLE 7.

157.

ARTICLE 8.

COUNTY INDEBTEDNESS, LIMITED. 155.

146-154.

ASSESSMENT MAPS, PLATS, OR ABSTRACT OF COUNTY BOUNDARIES.

COUNTY BONDS; ELECTIONS AS TO ISSUE. 158-174.

ARTICLE 9. COUNTY SITES AND COURTHOUSES, CHANGING AND LOCATING;
ELECTION FOR.

175-207.

ARTICLE 1.

AsЯmend

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121. (1396) (23) (23) (26) (25) Number and names of ed, Feb. counties.-The state is divided into sixty-seven counties, p. 44, 1. called: Autauga, Baldwin, Barbour, Bibb, Blount, Bullock,

9, 1903,

Mar. 5,
1903,
p. 159, § 1.

Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, Dallas, DeKalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Lowndes, Macon, Madison, Marengo, Marion, Marshall, Mobile, Monroe, Montgomery, Morgan, Perry, Pickens, Pike, Randolph, Russell, Shelby, St. Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington, Wilcox, Winston.

Boundaries of original counties.-Toulmin's Digest, pp. 79-101. (Aikin's Digest, pp. 98, 99; Oct. 8, 1868, p. 216, as changed; Feb. 8, 1877, p. 232; Dec. 17, 1874, p. 179; Jan. 24, 1877, p. 69; Dec. 10, 1868, p. 397; Dec. 1, 1868, p. 446; Dec. 26, 1868, p. 446.) For the origin or date of acts creating counties, see annotations to § 26 of the Code of 1867.

122. Transfer of state funds from county treasury.-Whenever any money to which the state is entitled, and which should be paid into the state treasury, is erroneously or wrongfully paid into the county treasury to the credit of any fund therein, or money which, from any source, is in the county treasury and which belongs to the state, the court of county commissioners or board of revenue having the authority of such court in such county, shall draw a warrant in favor

New Counties.

of the person whose duty it is to collect and pay said money into the state treasury, and it shall be the duty of the person' in whose favor the warrant is drawn to collect said money and pay it into the state treasury as in other cases.

123. (1397) (886) (815) (897) (763) County a body corporate. Every county is a body corporate, with power to sue or be sued in any court of record.

Suits in name of state for use of county.-State for use of Fayette Co. v. Earnest, 123 Ala. 632 (26 So. 948); Parker v. State, 83 Ala. 269 (3 So. 552); Dover v. State, use Winston Co., 45 Ala. 244. To sue is an implied power of counties. Meriwether v. Lowndes Co., 89 Ala. 362 (7 So. 198). Suit by county upon bond of bridge builder.-Ib. Courts judicially know that county jails are the property of the county.-Sands v. State, 80 Ala. 203. Claims against counties, allowance of, employment of attorney by county; locating county site.-Jack v. Moore, 66 Ala. 184. Indictment for burning county jail.-Lockett v. State, 63 Ala. 10; see Sands's case, 80 Ala. 203. Changing county site, contest of election as to.-Clarke v. Jack, 60 Ala. 271. Power to change county sites and courthouses.-Marengo Co. v. Matkin, 137 Ala. 155 (34 So. 171); 134 Ala. 275 (32 So. 669). Suit against county by clerk of circuit court for completing records.-Lowndes Co. v. Hunter, 49 Ala. 507. Courts take judicial notice of the names and corporate character of counties.Reeves v. State, 20 Ala. 33; Overton v. State, 60 Ala. 73; Camp v. Marion Co., 91 Ala. 240 (8 So. 786); Trammell v. Chambers Co., 93 Ala. 388 (9 So. 815). Counties are public corporations or quasi corporations, not municipal, but mere government auxiliaries or agencies under legislative control.—Askew v. Hale Co., 54 Ala. 639; Chambers Co. v. Lee Co., 55 Ala. 534; Marengo Co. v. Coleman, 55 Ala. 605; James v. Conecuh Co., 79 Ala. 304. They are not strictly corporations but rather involuntary political or civil divisions of the state.-Commissioners v. Moore, 53 Ala. 25; Simpson v. Lauderdale Co., 56 Ala. 64; Covington Co. v. Kinney, 45 Ala. 176. County may be taxed with costs.-Dover v. State, 45 Ala. 244; State v. Parker, 83 Ala. 269. Can only be charged with such expenses and liabilities as are authorized by law.-Van Eppes v. Commissioners, 25 Ala. 460; Mitchell v. Tallapoosa Co., 30 Ala. 130; Barbour Co. v. Brunson, 36 Ala. 362; Barbour Co. v. Horn, 48 Ala. 649; Posey v. Mobile, 50 Ala. 6; Simpson v. Lauderdale Co., 56 Ala. 64; Burgin v. Hawkins, 101 Ala. 326 (14 So. 771). As to matters within these limits it has the same power to contract as an individual.-Montgomery Co. v. Barber, 45 Ala. 237. There is no general liability on a county to answer for injuries received from defective roads and bridges; the liability is special and defined by statute.-Covington Co. v. Kinney, 45 Ala. 176; Barbour Co. v. Horn, 48 Ala. 566; s. c., 48 Ala. 649; Sims v. Butler Co., 49 Ala. 110; Askew v. Hale Co., 54 Ala. 639. Suits against county; presentation of claims, etc.-See citations to § 2472 (13). See, also, citations to § 146 (1416).

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124. (1398) (25) (25) (28) Share of debts to be paid by new counties. In all cases in the formation of new counties, the inhabitants cut off from any county are liable in law and

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