The Montgomery advertiser., 1903-09-12

decency and other disorderlv nrss.,.a. and disturbances of the peace and z. provide for the punishment of nersons engaged therein.
 To erect, purchase or rent and maintain
 q city or town hall. hospitals noor
 houses, work houses. school houses 'en- kine houses. municipal prisons and all
 vher necessary municipal buildings, and
 to exercise the right of eminent dor,s,n
 or procure lands for such purposes When the mayor and aldermen =, .rv
 city or town order the Improvements or
 construction of any street, alley sIdcwa i,r
 or other public place in such nunicina,- ny. or any part of any street. aliev eide
 walk or other public place. the cost of wnlcn Is to be paid in whole or in nsrt
 py the owners of property fronting there
 on, ana benefited thereby. they shali adont
 ' resoiution to that effect, describing the
 nssue ana extent Of the work, and the
 character of the material to be used ana
 shall direct that full details, drawinrs ana
 specincations. together with an item,zed ana detailed statement of the cost of said
 improvement as whole and per front
 root Tor said work. be prepared by inc
 city engineer, or some other person an
 tnorized by such mayor and board. When
 sucn details. drawings. surveys. speci6ca-
 tions ana statements shall have been com
 pieted, notice shall be given by publica-
 uon m some newspaper published in the
 Eny or town and If no newspaper is pub
 ished therein, then by posting un printed
 notices in three public places in said citv
 or town, Of such resolution, and that inc
 oetaiis, drawings, surveys, specifications | ana statements of said improvements are
 on file In the office of the city engineer. or
 mayor, where property owners who may
 De affected by such Improvement may see
 ana examine the same. Such notice must
 pc published once week for two weeks
 III a newspaper published in the town or | city, or posted as above required.
 After the publication of said notice a.
 required in the preceding section, the said
 mayor and aldermen shall, either at a
 regular or called meeting at some time
 and place appointed, and of which time
 and place the land owner shall have not less than five days notice in writing. tudi-
 cially hear at the time and place appoint.
 ed for said hearing all written objections
 to said plans, specifications or statement,
 and shall hear all proper evidence for or against the same; and said mayor and
 Board of aldermen shall carefully and ju-
 dicially consider all written objections
 and all evidence offered and either con-
 firm or alter portions of the plans, speci- | hcation or statement objected to. Any
 party in interest may appeal from any
 decision of said mayor and board of al-
 dermen to the Circuit Court. or court of
 like Jurisdiction. in the county in which
 said municipality is situated, within ten
 days after said decision upon giving se-
 curity for the costs of said appeal to be approved by the clerk of the Circuit Court,
 or court of like jurisdiction, by filing with | the clerk of the municipality the notice of | appeal, copy of which shall be served | by said clerk of the municipality on the
 Mayor.
 l If a majority of the property owners on
 any street, alley, sidewalk. or other pub
 lie place. to be affected on the frontage of
 the property. object to said improvement.
 the resolution authorizing such improve | ment shall be reconsidered by the mayor and board of aldermen, upon which recon
 sideration the resolution shall not be adopted by vote of less than three-hfths
 of the aldermen elected.
 The mayor and board of aldermen shall | have the power to levy and collect an- | nually a tax on all real and personal property, not to exceed one-half of one per cent on the value thereof as ascer- tained and assessed for State and County taxes for the State and County taxes for the previous year. Provided, that for the | purpose of payment of debts existing on | the 9th day of December, 1875. and the | interest thereon, tax of one per centum
 may be levied and collected. to be applied ] exclusively to the payment of such in- debtedness.
 Ordinances of municipalities which come
 under the provisions of this act and which are in force at the time this act goes into effect, and are not in conflict with any of the provisions hereof, shall l remain in force until repealed By further enactment of the Mayor and Board of AL dermen or of the Legislature, but all or dinances of such municipalities in conflict herewith are repealed.
 All municipal elections held by cities or towns under this act shall be on the same day and the first election held here- under shall be on the first Monday in April, 1904. and such election shall be held on the first Monday in April biennially thereafter.
 The officers elected shall hold office for a term of two years from the first Mon- day in May after their election and until their successors are elected and qualified. Should a vacancy occur at any time or should an officer fail to qualify, the Board of Aldermen shall elect some suit able person to the office, who shall hold the same until the next general munich pal election and the qualification of a suc- cessor thereafter.
 All officers elected by the qualified elec- tors of any municipality, which does not reject the provisions of this act, whose terms shall expire before the first Mon day in May, 1904 shall continue in office until the first Monday in May, 1904, and their successors shall be elected at the general municipal election to be held on the first Monday in April, 1904. The off, cers elected by the qualified electors of any municipality which does not reject the provisions of this act, whose terms shall expire after the first Monday in May, 1904, and before the first Monday in May, 1906, shall continue in office until the first Monday in May 1906, and their successors shall be elected at the general election for municipal officers to be held on the first Monday in April, 1906, as pro- vided in this act
 The courts of this State shall take judi cial notice of the class to which each of the municipalities belongs and of its pow CTS under the provisions of this act. The municipalities existing at the pas- | sage of this act shall be classified accord | ing to their population as shown by the United States census of 1900 until the class shall be changed as provided in this act. It shall be the duty of the Governor, | so soon as this act become operative as | to any municipality, to issue his procla- I nation assigning such municipality to It's proper class. and to forward a copy of | his proclamation to each. The officers of
 each municipality shall have the right | to demand such proclamation and upon its | receipt shall cause 1t to be recorded in the minute book of the municipality, and
 the same shall determine It's class. From and after the date that this act becomes operative, every municipality in | this State shall have and exercise the | powers conferred herein on the class to
 which such municipality belongs, and shall
 be governed by the provisions hereof But