Issue and Expiration of Licenses; Refunding License Money.

their respective counties, taking their receipts for the same. Each such blank shall have a stub attached thereto on which shall be printed such matter as the auditor may prescribe, with appropriate blank spaces to be filled in by the judge of probate upon the issuance of any license. The auditor shall take and file in his office a proper receipt from the judge of probate for the license so furnished him.

2406. (4130) Stub to be filled up and signed before detaching license. Upon the issuance of any license the judge of probate must, before detaching the license from the stub, fill up the blank spaces in the stub to correspond in all respects with the license as issued, and sign his name thereto.

2407. (4131) (637) License record to be kept; annual report and return of unused licenses and stubs; examination by auditor. The judge of probate shall keep, in a book prepared for that purpose, an accurate account of all the licenses received by him from the state auditor and of the disposition made of them, and of all money received from licenses by him issued, and make report thereof to the state auditor within ten days after the first of January of each year, at which time he shall return to the state auditor all unused licenses and stubs for any year preceding, or account to the state auditor for all such unused licenses, and shall also return to the state. auditor the stubs of all licenses issued for any year preceding; and the judge of probate shall, on demand of the state auditor, at any time, exhibit to him or to any agent appointed by the state auditor for that purpose, such license record and the originals of all licenses then remaining in his hands and all stubs of licenses issued.

4, 1903, p.

2408. (4132) (633) License money to be promptly paid as amendover, else no commissions allowed; quarterly reports; penalty. ed, Mar. --During the month in which any license money is received 222. by the judge of probate, he must remit to the state treasurer, at the expense of the state, all money received by him for licenses belonging to the state, and pay to the county treasurer all the money received by him for licenses belonging to the county; and upon all such money so remitted or paid during the month of collection, he is entitled to two and one-half per cent, which he may deduct therefrom; but he shall not be allowed any commission on any money not so remitted or paid; and on the last business day of each month the judge of probate shall forward to the state auditor a certified list of all licenses issued by him, stating therein for what business issued, the amount collected for each license, from whom collected, the date thereof; and if no licenses have been issued he shall report that fact. If any judge of probate fails to

Issue and Expiration of Licenses; Refunding License Money. comply with the provisions of this section within ten days after the date at which he is required to make a report of licenses issued and money received by him, the auditor shall forthwith report the facts to the governor, who shall cite such judge to show why he has not made returns of such certified lists of licenses, as required by law; and if such judge fails to show sufficient cause for such failure, the governor shall direct the attorney-general to institute impeachment proceedings against him before the supreme court.

2409. (4133) Auditor to furnish copies of license reports to solicitors; duty of solicitors and grand juries.-On the first days of February and August in each year the state auditor shall furnish to the solicitor of each circuit certified copies of all reports of licenses for each of the two quarters immediately preceding, filed in the state auditor's office from the counties composing the judicial circuit in which such solicitor is prosecuting officer; and such certified copies of license repòrts shall be by the solicitor laid before the grand jury in each of said counties at the term of the circuit court next ensuing; and it shall be the duty of the grand jury to compare carefully such copies of license reports with the license book required by law to be kept in the office of the judge of probate, and if any errors or omissions are found, to make report of the same to the presiding judge in their regular report. In counties where the circuit court has no grand jury, this report shall be made to the county solicitor, and shall be laid before the grand jury of the city or criminal court by such county solicitor, which grand jury shall perform the duties hereinabove required of grand juries in the circuit court.

2410. (4134) (3894) Judge of probate to furnish solicitor with list of licenses issued.-The judge of probate must, on the first day of each circuit or city court of the county, furnish to the acting solicitor, to be by him laid before the grand jury, a statement in writing showing the licenses granted and the taxes received thereon within the last twelve months preceding such court, to whom, and for what business such license was granted.

2411. (4135) When license money refunded.-When any person has taken out and paid for a license to carry on any business in this state, and has afterwards been prohibited by law from carrying on such business before the time named in the license has expired, such person shall be entitled to have refunded to him such proportionate part of the whole sum paid for such license as the unexpired time thereof bears to the whole time for which the license was originally granted.

2412. (4136) Application therefor; how money refunded.— On the application of any such person, his executor, administrator, or assigns, the judge of probate for the county in which such license was taken out shall proceed to ascertain the amount due such applicant under the provisions of the preceding section, and shall grant such certificates as will enable the state auditor and court of county commissioners to draw his warrant, or their order, respectively, and such warrant or order shall be paid out of any moneys in the state treasury or county treasury, respectively, not otherwise appropriated.

(Feb. 28, 1887, p. 92, § 2.) A license to engage in business is a mere permit, revocable at the pleasure of the legislature.-Powell v. State, 69 Ala. 10.

CROSS REFERENCES.

TAXATION IN MUNICIPALITIES (Political Code).

TAXATION, LAWS REGULATING (Political Code)

TAXATION; OFFENSES CONCERNING (Criminal Code).

TAX COLLECTOR (Political Code)..

TAX COMMISSION (Political Code)

TAXES (Criminal Code)..

.1311-1337

.2060-2412

..7712-7720

.2160-2168

.2210-2267

.7486, 7442, 7443

TAXES; LICENSE, PRIVILEGE, AND FRANCHISE (Political Code)

66 (Civil Code)

..5815, 5816

TENANT (Civil Code)

TELEGRAPH COMPANIES (Political Code).

7820

TELEPHONES; OFFENSES CONCERNING (Criminal Code).... TEMPORARY USE OF ANOTHER'S PROPERTY (Criminal Code)... 7330

TENANT FOR LIFE (Civil Code)..

TENANTS IN COMMON (Civil Code)

TEXT-BOOK COMMISSION (Political Code)

THEATRE (Political Code)..

THREATENING LETTERS (Criminal Code).

THREATS (Criminal Code)...
TICK LAW (Political Code).

63-AC-VOLI

2361

6218

..6302, 6218

765

(Criminal Code)

TOLL ROAD (Criminal Code).

TOLLS AND FREIGHTS (Criminal Code)..

TOLLS, BRIDGES, FERRIES, TURNPIKES (Criminal Code).

.3023-3040

7822

7730

.7687 et seq.

...7822-7825

TOMBSTONES (Criminal Code)..

6753

TRADES AND PROFESSIONS; TAXED (Political Code)..

..2361, 1338-1347

TRIAL; JOINT OR SEVERAL (Criminal Code).....

TRIAL OF RIGHT OF PROPERTY; INTERPLEADER AT LAW;

.811-826

.4251 et seq.

7827-7837

.5296-5383

.7838. 7851

5296-5383

7838-7842

7842

TRUSTS, MONOPOLIES, AND COMBINES (Criminal Code).

.7579-7582

CHAPTER 46.

UNITED STATES, CESSION AND CONDEMNATION OF LANDS TO.

2413. (626) (19) (19) (22) (24) The United States may acquire lands.-The United States may acquire and hold lands within the limits of this state, as sites for forts, magazines, arsenals, dockyards, and other needful buildings, or either of them, as contemplated and provided by the constitution of the United States, which purchase may be made by contract with the owners, or as hereinafter provided for. In like manner the United States may acquire and hold lands, rights of way, and material needed in maintaining, operating, or prosecuting works for the improvement of rivers and harbors within this state.

5, 1900, p.

32, $ 1.

2414. (627) (20) (20) (23) (22) Condemnation provided as amendfor. If the agent of the United States and the owner of such ed, Dec. lands or right of way to be condemned cannot agree as to the terms of the sale and purchase thereof, the probate court of the county in which such lands or any part thereof may lie may, on the application of the agent of the United States, proceed to condemn such lands to such uses as may be provided for.

2415. Application; form and contents of.-The application ., § 1. of the United States or its agent must be in writing, verified by the oath of an agent or attorney, and must state with certainty the uses or purposes for which the land is to be taken, or the interest or easement therein to be acquired, and must state the name and residence of the owner, if known, or if unknown, must show that reasonable diligence has been used to ascertain the same.