Salaries of Officers; When Payable. be transmitted to the judge of probate of the county in which the office may have been held; and the judge of probate must thereupon notify the governor. (Nov. 4, 1862, p. 99.) 1566. (3150) (315) (220) (207) (166) Notice of removal from county, etc.-Notice of removal of any officer, other than justices of the peace or constables, from the state, or from the district, circuit, or county, for which he was elected or appointed, must be given by and to the same officers as notice of his death is required by this article to be given. 1567. (3151) (316) (21) (208) (168) Notice of judgment vacating office to be given by clerk.-Whenever there is a judgment of a competent tribunal declaring any election or appointment void, or any office vacated, such judgment must, if the vacancy is filled by appointment, the day after the time for taking an appeal has expired, be certified by the clerk of such court, or by the judge, if there be no clerk, to the appointing power. 1568. (3152) (317) (222) (209) (168) Notice of vacancies to be filled by the legislature.-The governor must give notice to the legislature, at each session thereof, of all offices to be filled by that body, which have become vacant, or which will be vacated by the expiration of the term of office before the next regular session. Vacancy in office of trustee of university; statute authorizing governor to fill vacancy of trustee does not apply to vacancies caused by expiration of term.-Little v. Foster, 130 Ala. 154 (30 So. 477). 1569. (3153) (318) (223) (210) (169) Salaries; when due.— The salaries of all officers are payable on the last day of each month; but any unpaid salary may be paid upon the expiration of the term of the officer. (Feb. 23, 1866, p. 75; Feb. 18, 1867, p. 554.) 1570. (3154) Succeeding officer entitled to salary for day change takes place. The succeeding officer is entitled to the salary for the day upon which he is inducted into office, to the exclusion of the retiring officer. 1571. Salaries of certain officers; incumbents; when effective. The salary of the attorney-general, the state auditor, the secretary of state, the state treasurer, the superintendent of education, the commissioner of agriculture and industries, the president and associate inspectors of convicts, the director of the department of archives and history, as fixed in this Code, shall not be effective until the expiration of the respective terms of office of each of such incumbents in office on the 22d day of February, 1907; but each of such incumbents shall receive the salary and be paid as provided by law on that date. CROSS REFERENCES. OFFICES AND OFFICERS (Elections) (Political Code) .290-491 OFFICERS AND OFFICES; CRIMINAL OFFENSES CONCERNING (Criminal Code) 7430-7490 OFFICERS; MUNICIPAL (Political Code).. 1172-1207 OFFICERS; REMOVAL BY QUO WARRANTO (Civil Code). .5450-5472 OFFICERS; TIME OF ELECTION (Political Code).. .331-338 OFFICIAL BONDS (Political Code)... OFFSET (Civil Code).... 1497 .5858-5880 Mar. 4, 228-232. 1572. Tags must be attached before selling or exchanging.— 1903, pp. Any person, firm, association, or corporation selling or offering for sale or exchange any illuminating oil in this state must have tags, as hereinafter provided, attached to each tank, barrel, can, package, or parcel of said oil, and must use tags for every gallon sold in bulk from tank wagons or storage. Said tag shall have printed thereon the words, "Guaranteed Degrees Fire Test," designating in the blank space the true test of the oil offered for sale, and must have printed thereon a facsimile signature of the state auditor and of the ex officio state chemist. 1903. pp. 1573. Oils to be submitted to ex officio state chemist.- Mar. 4. Before offering illuminating oil for sale or exchange, the per- 228-232. son, firm, association, or corporation proposing to sell or exchange must submit to the state chemist at Auburn, Alabama, a written or printed statement, setting forth: 1. The name and brand under which said oil is to be sold or exchanged, the number of gallons contained in the tank barrel, can, parcel, or package in which it is to be put upon the market, and the name or names of the manufacturers or dealers. 2. The fire test which they are willing to guarantee to be a true test of each brand of said illuminating oil, named in such statement; and such statement shall be held to constitute a guarantee to the purchaser of such oil of the quantity and quality of the oil contained in such tank, barrel, can, parcel, or package. 1574. Duty of chemist to test samples of illuminating oil and Ib. make certificate on same. The professor of chemistry of the Alabama Polytechnic Institute is the official chemist to test samples of illuminating oil proposed to be sold in this state. Whenever any sample of oil is submitted to said chemist, whether the same be submitted on the application of any person, firm, association, or corporation, or procured directly from the manufacturer, consumer, or dealer by the board of trustees of said institute, and it is the duty of said board, from time to time, to secure samples of oil being offered for sale in different parts of this state, it shall be the duty of said chemist to test the same for fire test, and also chemical composition and quality, and make a certificate of such test, a copy of which certificate shall be furnished by the said board of trustees to the person, manufacturer, or dealer from whom such oil was obtained. 1575. Copy of official test evidence.-The copy of the official ь. test of any illuminating oil under the seal of said board of trustees shall be admissible as evidence of the facts therein stated in any of the courts of this state on the trial of any issue involving the merits of said oil. 1576. Board of trustees may employ additional assistance.— Ib. The said board of trustees may employ such additional assistance in making tests of illuminating oils or in procuring samples of such oils to be tested as may be necessary, and may pay therefor out of the moneys received by said board from the sale of tags. Mar. 4, 228-232. 1577. Board of trustees must make requisition upon state 1903. pp. auditor for tags.-The board of trustees of the Alabama Polytechnic Institute, through its accredited agent, must, at such times as may be necessary, make written requisition upon the state auditor for the estimated number of tags required to supply the demand. Ib. Ib. Ib. 1578. Tags supplied by state auditor and account kept against the Alabama Polytechnic Institute.-Upon the receipt of such requisition, the state auditor must have printed the required number of tags of suitable material for attaching to the tanks, barrels, cans, packages, or parcels of illuminating oil, and for all such oil sold in bulk from tank wagons or storage. The state auditor must, as soon as practicable, deliver such tags to the Alabama Polytechnic Institute, or to its accredited agent at the capitol, taking the receipt of said institute therefor; and the state auditor shall keep a true and correct account with said institute, charging said institute with all tags furnished, at the price of one-half cent for each gallon written or printed thereon. 1579. Board of trustees of institute must keep tags on hand for sale. The board of trustees of the Alabama Polytechnic Institute must keep on hand for sale tags printed as hereinabove provided of such denomination of gallons as will be convenient for use of persons offering for sale or exchange illuminating oil, and shall charge for such tags the price of one-half cent for each gallon of oil designated on said tag. 1580. Board of trustees of institute to make report of sale of tags to state auditor, and disposition of proceeds of such sales. The said board of trustees of the Alabama Polytechnic Institute must report to the state auditor at the end of each month the number of tags sold during the month, and pay into the state treasury three-fourths of the gross amount of moneys received from such sales, and shall, at the end of each month, pay into the treasury of said institute one-fourth of the moneys received from the sale of tags, to defray the expenses of testing such illuminating oils, to be disbursed for the benefit of said institute. OILS (Political Code CROSS REFERENCES. 66 (Criminal Code) OLEOMARGARINE (Manufacturing or Selling) (Political Code).. ORDINANCES OF MUNICIPALITIES (Political Code).. OUTLAWS (Criminal Code)..... OVERFLOWED LANDS (Political Code). OVERSEER OF ROADS (Civil Code) 1572-1580, 2361 7491 22 7079 .1251-1259 7492 .879-882 .5797 et seq. Planting and Taking. CHAPTER 35. OYSTERS. 1581-1592. ARTICLE 1. PLANTING AND TAKING. 1581-1586. ARTICLE 2. TAKING OYSTERS FOR CANNING REGULATED. 1587-1592. 1581. (3155) Right to plant.—The owners of land fronting on any bay, river, bayou, or creek within this state, are granted the right to plant oysters, and gather the same, in the waters in front of their land, to the distance of six hundred yards from the shore; but where the distance from shore to shore is less than twelve hundred yards, the owners on either shore may plant and gather to a line equi-distant between the two shores, but no person shall plant in any natural channel so as to interfere with navigation. The respective owners shall plant within lines extended into the water from the points where their boundaries intersect the shore, as nearly as practicable, with a mean width corresponding with their respective frontages on the shore, but should the lines thus extended cross each other, or seriously interfere with obtaining such mean width, then a line equi-distant from the shore lines of the respective owners shall be the boundary line between such planting grounds. Nothing in this chapter shall be construed as an abandonment by the state of its right or title to the overflowed lands within such limits; but upon the asserting of the rights of the state, the owners of oysters planted in such limits shall have the right to remove them. No riparian rights shall vest in any person under this section, nor be recognized by the state in or to the land covered by the waters between two parallel lines drawn as follows: one across the south end of Cedar Point, and one across the north end of Dauphin Island, both extending east and west from points mentioned. Chapter of the (Dec. 10, 1892, p. 27, § 1; Feb. 14, 1893, p. 518, § 1.) Code construed.-Simonson v. Cain, 39 So. 571; S. C. 138 Ala. 221 (34 So. 1019). Trespassing upon oyster beds by passing boats thereon.-Simonson v. Cain, 138 Ala. 221 (34 So. 1019). State's proprietary rights in and to oyster beds and oysters; legislature may regulate planting and taking of oysters from state. State v. Harrub, 95 Ala., 176 (10 So. 752). 45-AC-VOL I |