The Montgomery advertiser., 1903-10-14

1TGOMERY ADvE] No. s57) AN ACT H. q! To authorize cities and towns in Ala
 bana, to secure the payment of the
 bonds Issued. and debts created. and
 the interest thereon. In the purchase
 construction, extension or enlarge. ment of water works. plants. or gas plants. electric ligi1t or other liRhi
 and power plant by executing mort.
 gage on such water works plants, oi
 light and power plants as may bs
 purchased or constructed. extended ol
 enlarged by such cities or towns,
 and to provide for the execution oi
 such mortgage prior to the construc.
 ton of said plant.
 , Section i. Be 1t enacted by the Iegis- lature of Alabama. that any city or town of the State of Alabama that may here after construct or purchase water works plant, or gas plant. electric ligh, plant. or, other light and power plant or sxtends or enlarge water works plant, or light and power plant. then owned by such city or town. may by itf board of mayor and aldermen. or other governing body of such city or town execute a mortgage on the water works plant. or light and power plant purchas. ed or constructed by such 8 city or town to secure the bonds. indebtedness and in terest on such bonds and indebtedness created in the purchase. construction extension, or enlargement of such water works plant. or light and power plant, such mortgage to be signed by the May. or. and countersigned by the clerk Of said city or town, or by such other per son or persons as the Mayor and alder men or the governing body of such city or town may direct by appropriate reso- lutions: Provided. that if in the judgment of said board of Mayor and aldermen, or the governing body, of said town or city it Is desirable that such mortgage be executed before such plant is con structed. and if 1t is SO executed, for the purpose of providing money to con struct such plant. the fact of such mort gage is executed before the construction of such plant s.an not render such mortgage invalid.
 Approved Oct. 6, 1905.
 J. TIIos HEFLIN,
 Secretary of State. No Ms, AN ACT (s. 4os. To amend Sections bss. 5ss, coo, Col. 6o3,
 eos. eos and 610 of the Code of Ala
 bama. Be it enacted by the Legisla-
 ture of Alabama:
 Section 1. That Section 5ss of the Code of Alabama be, and the same is hereby, amended so as to read as follows: The Alabama State Bar Association, or tho Central Council thereof. has authority to institute and prosecute. or cause to be instituted and prosecuted, In the name
 A n ere herein prescribed for tile suspension or removal of an attorney.
 Sec. 2. That Section 5ss of said Code be, and the same is hereby, amended so as to read as follows: The accusation must be in writing, and when the prosecution is instituted by the Alabama State Bar or the Central Council there- of, written statement signed by the President of said Association. or the Chairman of said Council. and attested by the Secretary of said Association. ac- by written affidavit of any per son or persons making charges for siis- pension or removal of such attorney, If any, taken before any officer authorized by law to administer oaths within or out of the State. setting forth the facts upon which the same may be based. shall be delivered by the Secretary of said Asso- ciatfon to the Solicitor of the Circuit in which such attorney resides. and there upon, or when the proceeding is taken by the Court of it's own motion. the Soli- citor of said Circuit shall draw up such accusation, citing the accused to appear before said Circuit Court. or City Court. or court of like Jurisdiction. on a day named therein, and moving the court for the suspension or removal of such attor- ney. and have the same served by the sheriff of the county of such attorneys residence, by leaving copy thereof with the accused.
 Sec. 3. That Section 800 of said Code be. and the same is hereby, amended Sd as to read as follows: If the proceedings are upon the information of an individual the accusation must be in writing. set ting forth the facts upon which the charges are based, verified by the oath of such individual, or some other person, taken before any officer authorized by law to administer oaths in or out of the State, that such facts are true. and must be presented to and filed In said Circuit Court, or City Court. or court of like jurisdiction, accompanied by security for costs to be approved by the judge thereof.
 Sec. {. That Section eol of said Code be. and the same is hereby amended so as to read as follows: When Inc lccusa- ton is made by an individual the Circuit Court. or City Court. or court of like Jurisdiction, must if of opinion that the would, If true, furnish grounds of suspension or removal of such attor- uey. make an order requiring the accused to appear and answer the sam0 at a specified day during that, or the next term. or at any other time, when the court can hear and determine the same. a copy of which. together with q copy of the accusation. must be served upon the accused; provided. that If such order is made. or proceedings are instituted by the court of it's own motion, or as pro- vIded by Section ? of this Act ten days before any term of the court, or before the adjournment thereof. such accusation must be made returnabIe and be heard during said term. unless continued for good cause by the court, upon such terms as it may impose.
 Sec. i. That Section 6Os of said Code he, and the same is hereby. amended so as to read as follows: The accused may answer such accusation, either by object ing in writing to tho sufficiency thereof. or by denying the truth of the facts alleged or setting forth the facts of his defense. which said answer as to facts. by denial or otherwise. must be in writing, signed by the accused and verified by his oath. and the accusation, objections and answer in said proceedings are here- by made of record therein as In other civil suits or proceedings in said court.
 Sec. 6. That Section 605 of said Code be- and the same is hereby. amended so as to read as follows: If the accused pleads guilty. or fails or refuses to ms swer the accusation. the court must pro- cced to judgment of suspension or re- moval; if he answer the accusation. the court must immediately. or at such time as it may appoint, proceed to try the same. either side having the right to de-