The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-11

Sec. 4 It shall be the duty of the Pro-
bate Judge. the Circuit Clerk and the
sheriff Of the counties where elections
are held under this act. to appoint three
managers and one returning officer to con-
quot the election In each beat or polling
pace IN the county; and In the appoint
ment Of managers said officers shall IL
practicable. appoint one person who Is
known to be In favor of the issuance Of
the proposed bonds, and one person who
IS known to be opposed to the issuance Of
the proposed bonds, and said managers
shall all reside IN the beats, wards or
precincts where they are appointed to
serve; and shall be qualified electors at
said election.
Sec. s. When any court of County Conn
mssioners or Board of Revenue shall de-
eide to call an election to be held under
this act notice in writing of such action
shall be given to the clerk of the Circuit
Court, the Probate Judge and Sheriff
whose duty it shall be to appoint within
three days after receiving such notice,
managers and returning officers to con-
duct said election and It shall be the
duty of the sheriff of the county to noti-
fly the managers and returning officers
of their appointments and to send out
the boxes and ballots to the several beats
or voting precincts In the county.
Section IL. No county shall become
Indebted in an amount including present
Indebtedness, greater than three and one
half per centum of the assessed value of
the property therein; provided this limi-
tation shall not affect any existing in
debtedness in excess of such three and
one-half per centum, which has already
been created or authorized by existing
law to be created; provided, that any
county which has already incurred debt
AXRandfaer f1,1a1 I'D l.,If
OF the assessed value of the property
therein, shall be authorized to incur an
Indebtedness of one and half per CEN
tum of the assessed value of such prop
erty In addition to the debt already exist
Ing. Nothing herein contained shall pre-
vent any county from issuing bonds, OF
other obligations. to fund or refund any
Indebtedness now existing or authorized
by existing laws to be created
Sec. 6. All expenses for holding such
elections shall be paid out of the treasury
of the county in which the same is held;
and the managers. clerks. and returning
officers shall be entitled to the same COM
=pensationi as managers, clerks and re-
turning officers of the general elections.
Sec. /. The clerk of the Circuit Court,
Probate Judge, and Sheriff of the county
in which an election is held under this
act shall constitute a board to canvass
the returns and declare the results Of
such election and 1t shall be their duty to
meet at the court house of the county in
which the election is to be held, on the
Saturday following holding said election
and canvass the returns and declare the
result of said election and In case either
of the three should be absent, the two
present are hereby authorized to act
Sec. s. Any election held under the
provision of this act can be contested
under the provisions of the code of Ala
bama regulating the contests of elections
of justices of the peace. but no contest
of an election can be instituted after the
expiration of ten days from the date Of
the canvass of the returns of said cleo
ton.
Sec. 8. The record of the result of the
election held hereunder as returned by
the board of canvassers shall be recorded
in the minutes of the Board of Revenue
or Court of County Commissioners of the
county in which the same is held and
when so recorded the record shall be
conclusive evidence of the matters there
In stated and of the validity of such cleo
| tion, unless contested as provided in the
preceding section.
| Sec. 10. If at an election held under
and according to the provisions of this
| act a majority of the qualified electors,
| voting at such election of the county in
| which the election is held, vote For bond
issue the Court of County Commission
ers or Board of Revenue of the county in
which such election is held is hereby au-
| thorized to issue the bonds of such coun-
| ty in the amount and for the purposes
! mentioned in the notice of said election.
Sec. II. All bonds and interest coupons
| attached to the same issued under the
| authority of this act shall be exempt from
| State. county and municipal taxation, and
the same shall have all the properties and
projections of commercial paper.
| Sec. r. The denominations of the
| bonds. the time for which the same shall
run. the place of payment and the rate
of interest to be paid on the same shall
be fixed by the Court of County Com
missioners or Board of Revenue issuing
| the same, but no bonds issued under the
| provisions of this act shall bear a greaeer
rate of interest than five per centum per
| annum. and the same shall not be sold
! for less than face value.
| Sec. 10. All bonds issued under the au-
thority of this act shall be signed by
the Probate Judge and countersigned by
the treasurer of the county In which the
same are issued and the official seal of
the Probate Court shall be impressed
upon or affixed to the same
Sec a. All bonds SO issued shall have
a ttached to the same interest coupons.
which shall be signed by the Probate
Judge and the treasurer of the county is
suing the same but the signature of the
Probate Judge and treasurer may be
printed or Autographed in fac smile
upon said coupons.
Sec. Is For irregularity in the proceed
ings to authorize the issue of bonds un-
der this act nor the omission or neglect
of any officer charged with executing any
of the duties imposed by this act shall
affect the validity of any bonds issued
under the authority hereby conferred;
and In every case where no provision is
otherwise made hepein. the general e,ec-
ton laws of the State then in existence
with regard to all notices, official acts
and things to be done in con-
nection with ordering and holding cleo
lions. making returns canvassing and
certifying the same. shall govern in all
respects: and all penalties fixed or
wrongful acts and violations of the gem
eral election laws of the State. shall APP
ply to similar acts and violations in all
elections held under this act
Sec. 16 All laws and parts of laws in
conflict with the provisions of this act
are hereby repealed.
Approved February g. 1903.
Official. ]. Thos. TTeflin.