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hunting equipment customarily used in hunting deer, or any possession thereof upon the person or in any motor vehicle of any person who may be apprehended while engaging in hunting deer at night in Hale County shall be contraband and shall be forfeited to the State of Alabama. Such property may be seized by the sheriff of the county or by any other officer or person acting under authority of law in the enforcement of laws of this state, and the sheriff or such other officer or person shall report the seizure and the facts connected therewith to the solicitor or any other prosecuting official of the county, giving a full description of the vehicle or other equipment seized and detained, the name of the person in whose possession it was found, the name of the person making claim to the same or any interest therein if the name is known or can be ascertained, the date of seizure, and a statement of the circumstances connected with the apprehension of the person or persons whose property has been seized.
Section 2. In order to condemn and confiscate any of the property set out in section one of this act it shall not be necessary for the solicitor or other prosecuting authority to prove possession of deer killed in night hunting or that the hunter be apprehended in the actual act of killing deer but it shall suffice to prove possession upon the person or in any motor vehicle of such person of guns, ammunition, and other equipment normally used in hunting deer and the time, the place, and circumstances of the apprehension sufficient to support a conviction of the offense of night hunting of deer.
Section 3. Except as otherwise herein provided, the manner, the method and procedure for the forfeiture, condemnation and sale of any motor vehicles or hunting equipment seized under authority of this act shall be the same as that provided by law for the confiscation, condemnation, and sale of automobiles, conveyances, or vehicles in which alcoholic beverages are illegally transported. Without limiting the generality of the foregoing sentence, the provisions of Code of Alabama 1940, Title 29, Sections 248 and 249 shall apply.
Section 4. The proceeds of the sale of any property condemned and forfeited to the state under authority of this act, after payment of all expenses in the cause, including the cost of seizure and a keeping of the property pending the proceedings, shall be paid into the state treasury to the credit of the state conservation fund.
Section 5. All laws or parts of laws which conflict with this act are repealed.
Section 6. The provisions of this act are severable. If any part of the act is declared invalid or unconstitutional, such
declaration shall not affect the part which remains.
Section 7. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.
Approved August 18, 1976.
Act No. 471
AN ACT Relating to Conecuh County; providing for a monthly expense allowance for the members of the county governing body. Be It Enacted by the Legislature of Alabama:
Section 1. Each member and the chairman of the governing body of Conecuh County shall be entitled to a monthly expense allowance of $200.00 per month. The said allowance shall be in addition to any salaries and expense allowances which may be provided for such persons by existing law and shall be payable monthly from the county general fund.
Section 2. All laws or parts of laws which conflict with this act are repealed.
Section 3. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
Section 4. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.
Approved August 18, 1976.
Act No. 472
H. 1126 Starkey, Lutz
AN ACT Relating to all counties having a population of not less than 38,100, nor more than 40,500, according to the most recent Federal decennial census; authorizing and providing for the establishment, maintenance, operation, control and financing of a public law library for such County, and levying a "law library fee” tax.
Be It Enacted by the Legislature of Alabama:
SECTION I. In all counties having a population of not less than 38,100 nor more than 40,500, according to the inost recent federal decennial census, the governing body shall establish and maintain a public law library in the County and may expend public funds, not otherwise appropriated, to provide suitable housing, quarters, furniture, fixtures and equipment for the library and to keep it in a good state of maintenance and repair; to expand, improve or add to the library, its facilities and equipment; to purchase such books and periodicals as may be needed from time to time; to pay the salaries of a librarian and such other personnel as may be necessary, in amounts and to the extent that such salaries and other expenditures as herein authorized are not paid from the proceeds of a special fund hereinafter created for the purpose of defraying costs of the operation of the library.
SECTION II. In each civil, or quasi-civil suit, at law or equity, criminal case, quasi-criminal case, proceeding on a forfeited bail bond, or proceeding on a forfeited bond on appeal from any inferior, district or municipal court to the Circuit Court, hereinafter filed in, or arising in, the Circuit Court or District Court or brought by appeal, certiorari, or otherwise to the Circuit Court or district Court of any such County, there shall be taxed as cost the sum or $2.00. The cost shall be collected as other cost are collected by the Clerk, or other Collection Officers of such Courts, and shall be designated the “Law Library Fee". Not later than the tenth day of each month such fees as have been collected during the preceding calendar month shall be paid into the County treasury to the credit of a special fund to be designated the County Law Library Fund.
SECTION III. The management of the County Public Law Library shall be vested in a committee consisting of five members. The Presiding Judge of the Circuit Court located in said County shall designate one Circuit Judge residing in the County, and one District Court Judge residing in the County, as members of the committee, and designate one of these as Chairman. The remaining three members of the committee shall be elected by the County Bar Association located in such County. All members shall serve for a term of one year, and until such time as their successors are selected. The management committee shall have full authority to purchase books and periodicals, and other materials, equipment and supplies, and to fix the salaries of such personnel as may, in the opinion of the committee, be advisable and, if circumstances permit, to designate Court officials to operate, or to assist in the operation of the library. The committee may also, from time to time,
sell, in such manner as it deems proper, or exchange any books, reports, periodicals and personal property, and apply the proceeds of the sale, or the value thereof, upon the purchase of other such books, reports, periodicals and personal property for the use of the library, or pay such funds into the Library Fund, and may, in its discretion, accept any gifts, or loan, of such items, upon terms and conditions stipulated by the donor or lender. The management committee shall have full authority to execute contracts in connection with the operation of the Law Library which may create obligations constituting a proper charge payable from the County Law Library Fund and shall not thereby obligate the individual members of the committee, and may pay any debts heretofore legally incurred for the benefit of the County Law Library.
SECTION IV. Expenditures from the County Law Library Fund shall be made on orders of the Chairman of the Library committee, and no further authority or approval shall be required for such expenditures. All books, periodicals and other property of the County Law Library shall be the property of such County, but shall be disposed of only by the Committee. Any money remaining unincumbered in any County Stenographer Fee Fund, in the treasury of any such County, or in the hands of any Circuit or County Clerk, or in the fund created by Act No. 785, 1973 Regular Session, in such County on January 16, 1977 shall be transferred to the County Law Library Fund established hereby to be used for the purposes authorized herein.
SECTION V. All laws or parts of laws which conflict with the provisions of this act are repealed, and the cost provided for herein of $2.00 per case, shall be in lieu of, and not in addition to, the cost of $1.00 per case provided in Act No. 785 of the 1973 Regular Session of the Legislature of Alabama.
SECTION VI. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
SECTION VII. This Act shall become effective January 16, 1977.
Approved August 18, 1976.
Act No. 473
To alter or rearrange the boundary lines of the Town of Gulf Shores, Baldwin County, Alabama, so as to include within the corporate limits of said town all territory now within such corporate limits and also certain other territory contiguous thereto, in Baldwin County, Alabama. Be It Enacted by the Legislature of Alabama:
Section 1. That the boundary lines of the Town of Gulf Shores, Baldwin County, Alabama, be, and the same are hereby altered or rearranged so as to include all of the territory heretofore encompassed by the corporate limits of the Town of Gulf Shores, and, in addition thereto the following described territory, to-wit:
Commence at the Northwest corner of the Northeast quarter of Section 5, Township 9 South, Range 4 East from the point of beginning; run thence Eastwardly along and with the North line of said Section 5 a distance of 429 feet to a point; turn thence to the right and run Southwardly, and parallel with the East line of said Section 5 a distance of 1,326.25 feet, more or less, to the quarter section line; turn thence to the right and run distance of 429 feet to a point; turn thence to the right and run Northwardly, and parallel with the East line of said Section 5, a distance of 1,326.25 feet, more or less, to a point on the North line of said Section 5, which is also the point of beginning.
Section 2. That this act shall become effective upon its passage and approval by the Governor, or upon its otherwise becoming a law.
Approved August 18, 1976.
Act No. 474
H. 1182—Crawford, Reed, Folmar, Sasser
AN ACT To amend Section 2 of Act No. 668, H. 918, 1967 Regular Session (Acts of 1967, p. 1493), entitled “To provide additional compensation for the official court reporter of the third judicial circuit," so as to eliminate the provision for the termination of such additional compensation and to give this amendment retroactive effect. Be It Enacted by the Legislature of Alabama:
Section 1. Section 2 of Act No. 668, H. 918, 1967 Regular Session (Acts of 1967, p. 1493), entitled "An Act To provide additional compensation for the official court reporter of the third judicial circuit,” is hereby amended to read as follows:
“Section 2. This Act shall take effect immediately upon its enactment.