The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-23

II,
said A. 3. appeared on this day and at
this time to answer IN this case. and the
said A. 3. having failed to appear, 1t
Is therefore ordered that the Mayor and
Aldermen of Birmingham, for its own
use, recover of the said A. B., c. D. and
E. f. on said undertaking the sum Of
dollars 0he sum specified in the UNDER
taking). unless they appear on the -
day of -, 10, and show cause why
this judgment should not be made abso-
lutte. And against this judgment and
the executions or other process to be
issued thereon for the collection Of this
debt there Is no exemption Of any prop
erty of the said A. b. c. d. and E. F.
And the said judgment will be made
absolute against you on the - day Of
-, 10, at - o'clock m, unless you
then appear in said police court and show
cause against the same.
Sec. s. Be it further ordained. That the
notice may be executed by the court Of
fcer, the chief of police, or any police
man, and must be returned by the Of
| fcer executing 1t, with his proper return
thereon endorsed on or before the day
| appointed for the parties to show cause.
Sec. 3. Be it further ordained, That IL
| the notice Is not served on any of the
parties to the undertaking, such other
notices as are necessary may from time
| to time be issued and served; but two
| returns of mot found by a proper Of
| icer are equivalent to personal service
| The court may proceed against the par
ties whom notice has been served as
/ above stated. If the defendants appear
and SHOW sufficient cause for the de-
| fault to be determined by the court. the
| conditional judgment must be set aside.
| But II the excuse is not sufficient, or IL
they fail to appear the judgment must
| be made absolute for the entire sum ex-
| pressed in the undertaking. or any porn
| n
| stances as the court shall deem proper.
Sec. 10. Be II further ordained, That ex-
| cuses for defaults must be heard by the
court on application at any time when
not engaged In other business. And
when condition Judgment is set aside
no costs must be imposed on the defen-
dants.
Sec II. Be it further ordained, That ex-
| ecutions from the police court shall be
| issued by the clerk thereof in all cases
| where judgments are made absolute for
the forfeiture of appearance bonds for
the violation of any city law or ordi-
nance, directed to and executed by the
court officer, chief of police. or any po-
| llceman, they shall be made returnable
on a day therein named. nor more than
| sixty days from the issuance thereof and
may be in the following form:
State of Administrator County.
| Police Court of Blrmingham-City of Bir-
mingham.
To the Court Officer, Chief of Police. or
any Policeman.
Greeting-You are hereby commanded
that of the goods and chattels. lands and
| tenements of A. b.. c. d. and e. #. you
cause to be made the sum of - dollars.
| which the Mayor and Aldermen of Bir-
mingham recovered of them in the police
| court of this city on the - day of -.
| 49,, besides costs of suit and have the
| same to render to the said Mayor and
l
| turn of this writ, and the execution
! thereof to the police court of Birming-
! ham on the day or -, 10. The
said A. B., c. d. and e. f. have duly
waived the benefit of all laws exempting
property from levy and sale under exc
eution or other process for the collection
of the debt for which this execution Is
Issued.
Witness my hand this - day of =,
49,.
Clerk.
Sec. IL. Be II further ordained That
such execution shall be executed by the
court officer. chief of police, or other
policeman. in the same manner as execu-
tons with waiver of exemptions from
the circuit courts of this state are by
law required to be executed.
Sec. 10. BE 1t further ordained, That
sections 104 to 113 inclusive and section
119 of the city code of Birmingham and
all amendments thereto be and the same
are hereby repealed.
Adopted May II. 1905.
GEO. b. WARD. Mayor.
Attest: J. C. MURRAY City Clerk.
IMPROVEMENT ORDINANCE NO. 2ss.
To provide for paving the sidewalk on
the east side of 21st street from the
south line of LIST alley to the north curb
line of LIST avenue and the sidewalk on
the north side of 1st avenue from list
street eastward rs feet.
Section l. Be 1t ordained by the Mayor
and Aldermen of Birmingham, That the
sidewalk on the east side of 21st street
from the south line of LIST alley to the
north curb line of list avenue and the
sidewalk on the north side of LIST avenue
, from 2lst street eastward 70 feet snail De
| paved with artificial stone.
Sec 2. Be 1t further ordained. That the
sidewalk paving shall be constructed the
, full width of the sidewalk.
Sec g. Be II further ordained, That tho
. cost of the improvements authorized by
, this ordinance shall be assessed and
: levied against the property abutting on
] tho portions of the aforesaid streets and
: avenue improved and benefited thereby
t in proportion to the benefits accruing TO
3 each. not In excess Of the increased value
D of such property by reason OF the speciai
3 benefits derived from such improve
l ments
Sec. A. Be It further ordained, That tho
estimated cost of said improvements Is
S37c and that the Board of Mayor and
. Aldermen will meet on the 2lst day OF
June 1905, at the council chamber at
eight o'clock p. m, to hear remon-
5 strances and protests against the con-
struction of said Improvements.
Adopted May nth 1905.
GEO 3. WARD, Mayor.
Attest:
]. C. MURRAY. City Clerk.
Age-Herald, May %, 1905.
IMPROVEMENT ORDINANCE NO. 2Ss.
TO provide for curbing the sidewalk on
, the north side of Morris avenue from
> Eighteenth street to Nineteenth street.
Section l. Be /. ordained by the Mayor
and Aldermen Of Birmingham that the
, sidewalk on the north side OF Morris
avenue from Eighteenth street to Nine
teenth street shall be curbed with six
? inch granite curb stone.
Sec. q Be 1t further ordained that tho
! cost of the improvements authorized by
this ordinance shall be assessed and
levied against the property abutting on
the portions of the aforesaid streets and
avenue improved and benefited thereby
| In proportion to the benefits accruing to
each. not in excess of the increased value
of such propert:' by reason of the special
benefits derived from such improvements.
Sec T. Be II further ordained that the
estimated cost of said improvements Ii
$3.50 and that the Board of Mayor and
Aldermen will meet on the 2lst day OF
June. 1905 at the council chamber at 8
70 hon nufr ln