The Montgomery advertiser., 1903-09-12

sixty days, one or both: and. if the fine
 and costs be not paid promptly, the de-
 fendant may be required to work out the
 same on the streets or other public
 hard labor or Imprisonment for fine and
 costs shall be for longer term than | ninety days, and tho any person convict
 ed of any oftense. provided by municipal
 ordinance. by police justice or Mayor,
 may appeal to the Circuit Court, or court
 of like jurisdiction. by catering into bond
 as is provided by law for appeals from
 convictions by justices of the peace. ex- cept that such bond may be payable to the municipality and the amount fixed
 and the bond approved by the police jus | tice or Mayor, as the case may be. If
 the defendant is convicted in the court to which the appeal Is taken. and he docs | not presently pay the sum assessed by the jury as penalty or damage and the costs of the appeal, the Judge of the Court to which the appeal was taken | shall sentence the defendant to hard labor
 for the municipality, not to exceed ninety
 days, and shall. by an order to be ent- cred upon the minutes of the court, or- | der the Sheriff to take the defendant into custody, and. without committing him | to the county jail, deliver him to the proper authority of the municipality to perform such sentence of the court. In | case the defendant shall pay the penalty or damage assessed by the jury and the | costs of court, the Clerk of the Court shall pay over to the treasurer Of the | municipality all of the sum so paid in, except the costs of the appeal arising in | said appellate court, and all fines and costs. except as Is herein otherwise pro- vided, shal be paid by the person receiv- | ing the same to the treasurer of the mu- nicipality for the use of such munich pality.
 I rr@t Iar I docket, on which he shall enter all causes l to be tried by him; he shall keep com plete record Of all causes tried; he shall hold his court at least once day, every day except Sundays and legal holidays; | he shall have all the rights and powers that now or may be hereafter conferred by law on justices of the peace in crtm- l inal matters; to administer oaths. issue | affidavits and warrants, compel the att ] tendance of witnesses and punish for | contempt of court by fine not exceeding | ten dollars ($10) and Imprisonment in city prison for not exceeding six hours. The marshal shall attend the court and serve l its process and act as its executive officer. The powers herein granted shall be ex- | ercised by the Mayor and Board of Alder | men of their respective cities and towns l as hereinafter set forth; and they shall have the power to determine the rules of | its proceedings and to punish its members and other persons for contempt or dis l orderly behavior in it's presence, and to compel the presence of its members, and
 the attendance of witnesses under such
 penalties as may be prescribed.
 | The Mayor and Board of Aldermen of | every cities and town shall have the pow
 CT to levy and collect taxes upon all the
 real and personal property within the cor porate limits taxable according to the laws of the State, the valuation of such property to be taken from the books Of the tax assessor of the county in which said municipality is located, for the pre- ceding year. but the taxes so levied shall not exceed one-half of one per cent in any one year for all purposes. But towns
 of the third class shall not levy tax on real ur personal property to exceed onc- quarter of one per cent on the assessed valuations in any one year for all pur- poses. Provided, that for the purpose of paying debts existing on the 9th day of December, 1875. and the interest thereon, a tax of one per cent may be levied and
 collected, to be applied exclusively to the payment of such indebtedness.
 To require all male inhabitants, who are not physically disabled. between the ages
 of A and 45 years. to labor for six days
 in each year on the streets and highways of the city or town, or pay in lieu thereof 50 cents per day for each day he fails to
 attend and work the streets after having
 
 of notice in writing of at least two days.
 To grant franchises on streets; provided, that all applications for grants under this section shall be filed with the Mayor and Board of Aldermen at a regular meeting, after which 1t shall be publishel at least once in some newspaper published in the
 municipality, if there be such newspaper;
 and If there be no such newspaper, then by posting copies of the application in at | least three conspicuous places in the mu" | nicipalty, one of which shall be the office of the Mayor: and such application shall
 not be acted upon by the Mayor and I Board of Aldermen until after 1t has been
 so published for at least thirty days. And provided further, that no franchise or
 privilege so granted shall be for longer period than thirty years, except where | the same Is granted to railroad other
 than a street railroad. And no franchise | shall be granted unless the application l therefor be accompanied by a deposit Of | a check drawn upon and certified by some reputable banking house in such city, pay | able to the Mayor of such city, for sum | of not less than 5 per cent of the esti- mated cost of the work to be performed | and material and appliances to be used | in the exercises of such franchise, as es- | timated by the city engineer, or if there | be no city engineer, then by the Mayor l of the city, which said sum so to be de-
 posted must be named in the publication and notice.
 The said check shall remain on deposit | until the completion of the work in ac- | cordance with the ordinance granting the 1 franchise, and shall be forfeited to the | city or town in case of failure to accept | the ordinance upon the terms stated l therein or to complete the work within | the time named in said ordinance or the | extensions thereof. If tn provisions of 1 the ordinance are fully carried out by the party to whom the franchise is granted within the time prescribed In said ordi- nance or the extensions thereof, the said check must be returned to the party de- posting 't.
 | To erect, purchase, maintain and ope- rate water works and to regulate the same; to prescribe the rate at which water shall be supplied to inhabitants and
 to acquire by purchase, donation or con- demnation, in the name of the munich pality, suitable grounds, within or with out the corporate limits, upon which to erect water works, and also rights of way | to and from said works; and also the right of way for laying water pipes within | the corporate limits and from said water works to the municipality, or to contract with any person for the erection and | maintenance of water works, fixing water rates in the contract subject to municipal regulations But the contract for the | erection or maintenance of water works by the municipality shall not be entered l into until submitted to the vote of the qualified electors and approved by the majority of those voting at such election.
 To establish purchase. maintain and | onerata lIphffnR nlantS and to regulate