The Birmingham age-herald., 1907-08-29

the clerk, who snail give to such return
 ing officer his receipt for said box. stating
 In said receipt the condition Of said box
 when received by him.
 Sec. S. Within three days after the
 delivery Of the boxes as hereinbefore re-
 qulred, the council shall proceed to open
 the same and canvass the return and the
 persons who shall have received the lar
 gest number of legal votes for the respec-
 tive offices to be filled at such election
 shall be declared elected to such offices
 and a certificate of election shall be
 given to such persons by the council, or
 n majority Of them. which shall entitle
 the persons so certified to the possession
 of their respective offices immediately
 upon the expiration of the term of their predecessors as provided by law In the
 event of tie vote between two or more
 persons In said election. for the same
 office. the council shall order a new cleo
 ton not later than thirty days there
 after at which election said parties shall
 run off the tie vote and the person re- ceivinS the highest number of votes shall
 be declared elected. In the event that all
 opposition is withdrawn to d candidate
 receiving a tie vote, then no second cleo
 tion need be held and such candidate
 shall receive certificate of election
 Sec. %. The election of any person to
 a city or town office may be contested
 upon the same grounds and in the same
 manner provided for contesting elections for Judge of Probate so far as applca. ble.
 Sec. 30. Any person offering to votc at a municipal election may be chal- lenged by either of the inspectors or by any qualified eleetor, and 1t is the duty of each inspector 10 challenge any person offering to vote whom he knows or suspects not to be qualified under this act as an elector. When any per son Is challenged. If his ballot Is not Withdrawn, one of the inspectors must tender him the following oath: You do solemnly swear that you will fully answer all such questions as may be put to you touching your qualifications as an elector." The inspectors. or one of them, must then examine him as to his qualifications under this act They may also receive proof as to his quail hcations other than the oath of the challenged party or his right may be powered to administer oaths to wit nesses whom they may examine. and must admit or reject the ballot of the challenged party as his right may be shown, and if any person refuses to take the above oath. or 10 answer any questions propounded touching his qualifications as an eleetor his vote must be rejected. All rejected ballots shall be sealed up in a separate pack age and delivered to- the council with the returns of election.
 Sec. 31 Any person who falsely i'm personates another and thereby or oth- erwise fraudulently casts d vote to which he Is not entitled, or having voted at such election votes a second time, whether in the same ward or an- other. or having once obtained regis tration in any ward. shall cause him self to be registered a second time, or attempts to obtain n second regfstra- ton, whether in the same or another name, or whether the same or anoth CT ward, or shall aid or assist another not so entitled, knowing him not to be entitled, Knowing him not to be entitled to vote or to obtain registration as a voter, shall be guilty of q felony and, on conviction in the circuit court or court of like Jurisdiction, of the county, shall be punish ed by Imprisonment in the penltentiary for d period of not less than one nor more than two years.
 Sec. 32. If the election hereinbefore provided for shall not take place on the day appointed. the corporation shall not for that cause be dissolved. but the incumbents shall remain in office until their successors shall be elected and qualified And it shall be the duty of the council to fix some day. as early as convenient, on which day said cleo ton shall be held, which election shall be conducted in all respects as a reg ular election, and the persons so elect ed shall hold their office until the next general election and until their suc- cessors are elected and qualified.
 Sec. s. Cities and towns may. except as aforesaid, by ordinance, provide for the election at any regular municipal election, or for the appointment of such officers as are deemed needful or proper for the good government of the at it's corporate powers, fix their terms of office, fix their compensation and pre- scribe the duties of such officers, their liabilities and powers and require them to give bond in such sum and to be conditioned and approved as the coun- ell may prescribe.
 Sec. 34. Any persons appointed to office in any city or town may for cause, after a hearing be removed by the officer making the appointment Provided the city council shall have the right to remove, by q two-thirds vote of all those elected to the council, any person Tor incompetency, malfeasance or nonfeasance in office and for conduct detrimental to good or der or discipline, including habituaI neglect of duty, in the several depart ments.
 Sec. S5. The Council shall have full power to try all impeachments of the mayor, clerk treasurer and any member of the Council. or any officers elected by vote of the people, and when sitting Tor that purpose, ns q court of impcach- ment. the members thereof shall be on oath or affirmation.
 Sec. 36. The Council may impeaeh or re- move any of the officers named in the preceding section. including the President of the Council, for corruption in office, habitual drunkenness, imcompetency of- hclal misconduct. or any offense involv- ing moral turpltude or for habitual neg feet of duty by vote of two-thirds of all the members elected to the Council. except the mayor. as to whom a three fourths vote shall be requisite, the vote in all cases being taken by yeas and nays. and spread upon the minutes five days notice and an opportunity of being heard in his own defense having been previously given the accused. with copy of the charges against him. Upon the preferring of Impeachment charges against any member of the Council or the mayor, the accused shall be placed on trial which trial shall begin within thirty days from the notification of said charges as to the party impeached. Judg- ment in cases of impeac chment shall not extend further than removal from office and disqualification from holding any of- flee under the city during the term for which such officer was elected, but the party convicted shall be liable to indict- ment, trial and Imprisonment in the State courts, notwithstanding. If il be an ot- fense punishable by the laws of the State. Upon the trial of all impeach- ments the accused shall have the right to appear in person, or by counsel. and to