by law. All amounts collected under subdivision (b) of this section shall be credited to the maintenance fund of the nighway department after the cost of administration of the Tax Commission has been deducted therefrom. (c) If any person, firm or corporation, hauling passengers, for hire shall fail to make the proper return as required after the close of the quarterly period as provided by this act, and fail to pay the tax as prescribed in subdivision (c) of this section, the tax shall be deemed delinquent within the meaning of this act and there shall be added a penalty of twenty-five percent of the amount of the tax. If in the opinion of the Tax Commission a good and sufficient reason is shown for such delinquency the Tax Commission may remit the penalty, otherwise the penalty shall be paid. The Tax Commission shall be authorized and empowered to make return for the delinquent tax payer upon such information as it may reasonably obtain, and add thereto the penalty as provided in this section of this act. The Tax Commission shall, as soon as it is practicable and before the fifteenth day of the month succeeding the ending of each quarter as provided in this act, certify to the State Auditor, and the State Treasurer the names of all persons liable to pay the tax herein provided, together with the postoffice address and the amount of the tax and if any such taxes shall not have been paid, the Chairman of the State Tax Commission shall issue executions for the collection of such taxes direct to any Sheriff of the State, who shall proceed to collect the same in the manner now prescribed by law for the collection of delinquent taxes by County Tax Collectors and make return of such executions to the State Tax Commission. The taxes and all penalties here provided for shall be held as a debt payable to the State by the person against whom the same shall be charged, and all such taxes, penalties and assessments shall be a lien upon all property in this State of the party charged therewith. Section 5. That all laws or parts of laws in conflict herewith are hereby repealed. Section 6. This Act shall go into effect on October 1st, 1927. Approved August 25, 1927. No. 343) AN ACT (H. 756. Jeter To conserve all flowering trees, bushes, shrubs, and plants, domesticated, native or wild in all counties in the State of Alabama, which now have, or may hereafter have over One Hundred Thousand population according to the last Federal census, or according to any Federal or State census hereafter taken, and to make it a misdemeanor for any person other than the owner or person in possession of the land whereon the same are situated, to wilfully cut, break, or remove any flowers therefrom, or to wilfully remove, cut, break, or injury any such tree, bush, shrub, or plant or to wilfully transport or aid, or abet the transportation of, or the cutting, breaking, injuring or removing of any such tree, bush, shrub, plant or flower therefrom without the consent of the owner or person in possession of the land upon which such tree, bush, shrub, or plant is situated. Be it Enacted by the Legislature of Alabama as follows: Section 1. That in order to protect all native, wild or domesticated trees, bushes, shrubs and plants from destruction, and to conserve the same in counties in the State of Alabama, which now have or which may hereafter have over One Hundred Thousand population, according to the last Federal census, or according to any Federal or State census hereafter taken, it is hereby made unlawful and a misdemeanor for any person other than the owner, or person in possession of the land upon which any such tree, bush, shrub, or plant is situated, without the consent of the owner or person in possession of such land, to wilfully cut, break, or remove any flower or flowers from any such tree, bush, shrub or plant. Section 2. It is hereby made unlawful and a misdemeanor, in any such county, for any person, other than the owner or person in possession of the land upon which any such tree, bush, shrub, or plant is situated, without the consent of the owner, or person in possession of such land, to wilfully remove, destroy, cut, break, or injure any such tree, bush, shrub, or plant. Section 3. It is hereby made unlawful and a misdemeanor in any such county for any person wilfully to transport or aid, or abet in the transportation of any flowers, by automobile, or any other means or way of transportation, cut, broken, or removed from any tree, bush, shrub or plant, in violation of the provisions of Section one of this act. Section 4. It is hereby made unlawful and a misdemeanor in any such county for any person to wilfully aid, or abet a violation of any provision of this act. Section 5. Any person who, upon trial, is adjudged guilty of the violation of the provisions of either Section One, or Section Two, or Section Three, or Section Four of this act, shall, upon conviction, be fined not less than Ten ($10.00) Dollars, nor more than Fifty ($50.00) Dollars. Section 6. An arrest may be made of any person violating the provisions of this act, by any officer authorized by law to make arrests, under a warrant sworn out under the provisions of law, or if the offense is committed in the presence of the officer, the officer is authorized to make an arrest without warrant. Section 7. Constables in their respective precincts, sheriffs in their respective counties, and police in their respective municipalities are hereby charged with the special duty to be diligent in the enforcement of the provisions of this act. Constables shall be entitled to a fee of Two ($2.00) Dollars for executing any warrant or writ of arrest under the provisions of this act, to be taxed and collected as cost, as is provided by Section 3757 of the Code of Alabama of 1923. Section 8. Possession of flowers by any one from any tree, bush shrub, or plant sought to be conserved under the provisions of this act, shall be prima facie evidence of guilt, which is rebutted or overcome if possession of such flowers was procured with the consent of the owner or person in possession of the land where procured. Section 9. It shall be the duty of a judge organizing and empanelling a Grand Jury in any such county of this State, if the Judge is of the opinion that it is necessary, to the end of conserving the flowering trees, bushes, shrubs, and plants in the county, sought to be conserved by the provisions of this act, to give in special charge to the Grand Jury, the law under the provisions of this act. Section 10. That if any section, clause, provision or portion of this act shall be held to be invalid, or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision or portion of this act, which is not of itself unconstitutional. Section 11. This act shall go into effect sixty days after its passage and approval by the Governor. Approved August 25, 1927. No. 344) (H. 377 Rogers of Mobile AN ACT To define, regulate, and license real estate brokers and real estate salesman; to create a State Real Estate Commission; and to provide a penalty for a violation of the provisions hereof. Be it Enacted by the Legislature of Alabama: Section I. That on and after January 1, 1928, it shall be unlawful for any person, co-partnership, association or corporation to act as a real estate broker or real estate salesman, or to advertise or assume to act as such real estate broker or real estate salesman without a license issued by the Alabama Real Estate Commission. No co-partnership, association or corporation, shall be granted a license, unless every member or officer of such co-partnership, association or corporation, who actively participates in the brokerage business of such co-partnership, association or corporation, shall hold a license as a real estate broker or salesman, as hereinafter provided for, and unless every employee who acts as a salesman for such a co-partnership, association or corporation shall hold a license as a real estate salesman. Section II. A real estate broker within the meaning of this Act is any person, firm, partnership, co-partnership, association or corporation, who, for a compensation or valuable consideration, sells or offers for sale, buys or offers to buy, negotiates the purchase or sale or exchange of real estate, or who leases or offers to lease, rents or offers for rent, any real estate or the improvements thereon for others, as a whole or partial vocation. The term "real estate" as used in this Act shall include leaseholds and other interests less than leaseholds. A real estate salesman within the meaning of this Act is any person who, for a compensation or valuable consideration, is employed either directly or indirectly by a real estate broker to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase or sale or exchange of real estate, or to lease, to rent or offer for rent any real estate, or to negotiate leases thereof, or of the improvements thereon, as a whole or partial vocation. One act for a compensation or valuable consideration of buying or selling real estate of or for another, or offering for another to buy or sell, or exchange real estate, or leasing, or renting, or offering to rent real estate, except as herein specifically excepted, shall constitute the person, firm, partnership, co-partnership, association or corporation, performing, offering, or attempting to perform any of the acts enumerated herein, a real estate broker or a real estate salesman within the meaning of this Act. The provisions of this Act shall not apply to any person, co-partnership, association or corporation, who as owner or lessor shall perform any of the Acts aforesaid with reference to property owned or leased by them, or to the regular employees thereof, with respect to the property so owned or leased, where such acts are performed in the regular course of, or as an incident to, the management of such property and the investment therein, nor shall the provisions of this Act apply to persons acting as attorney-in-fact under a duly executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing, or exchange of real estate, nor shall this Act be construed to include in any way the services rendered by an attorney-at-law, in the performance of his duties as such attorney-at-law; nor shall it be held to include, while acting as such, a receiver, trustee in bankruptcy, administrator or executor, or any person selling real estate under order of court, nor to include a trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof. Section III. There is hereby created the Alabama Real Estate Commission. The Governor shall appoint three persons, each of whom immediately prior to the date of his appointment has been a resident of the State for five years, and whose vocation for a period of at least five years shall have been that of a real estate broker or real estate salesman, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years, and one member shall be appointed for a term of three years, and until their successors are appointed and qualify, thereafter, the term of the members of said Commission shall be for three years, and until their successors are appointed and qualify. There shall at no time be more than one Commissioner from any one County. Members to fill vacancies shall be appointed for the unexpired term. The Commission immediately upon the qualification of the member appointed in each year shall organize by selecting from its members a chairman, and may do all things necessary and convenient for carrying into effect the provisions of this Act and may from time to time promulgate necessary rules and regulations. Each member of the Commission shall receive as full compensation for each day actually spent on the work of said Commission the sum of Ten Dollars ($10.00) per day and his actual and necessary expenses incurred in the performance of duties pertaining to his office. The Commission shall employ, and at its pleasure discharge, a secretary and such clerks and assistants as shall be deemed necessary to discharge the duties imposed by the provisions of this Act, and shall outline their duties and fix their compensation, subject to the general laws of the State. The Commission shall obtain such office space, furniture, stationery, fuel, light, and other proper conveniences as shall be reasonably necessary for carrying out the provisions of this Act. The principal office to be located in the City of Montgomery, Alabama. The Commission shall adopt a seal with such design as the Commission may prescribe engraved thereon, by which it shall authenticate its proceedings. Copies of all records and papers in the office of the Commission, duly certified and authenticated by the seal of the said Commission shall be received in evidence in all courts equally and with like effect as the original. All records kept in the office of the Commission under authority of this Act shall be open to public inspection under such rules and regulations as shall be prescribed by the Commission. All fees and charges collected by the Commission under the provisions of this Act shall be paid into the State Treasury, and shall constitute a separate fund to be disbursed by the State Treasurer on order of the Board of Commissioners and with the approval of the Governor. All expenses incurred by the Commission under the provisions of this Act, including the compensation of members, secretaries, clerks and assistants shall be paid out of the separate fund in the State Treasury upon warrants of the State Auditor drawn upon the State Treasurer from time to time when |