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

ment, and three dollars for the sherim, to be paid by a warrant drawn by the city or town clerk on the order of the Mayor And when any owner of lands, which lands or the use thereof are desired for the city or town, or for any of the purposes mentioned in this section is an infant, non compos mentis, married woin- an, nonresident or unknown, the clerk of such court must give notice of the filing of such application by publishing for three successive weeks in some newspaper published in said city or town before he Issues his writ to the sheriff; and all other cases five days notice of the filing of the writ shall be given by the clerk of the court to the owners of the property to be served by the sheriff personally or by leaving a copy thereof at the owner s residence or place of business, and the Mayor of such city or town must deposit with the clerk the advertising fee to be paid by warrant drawn by the city or town clerk on an order of the Mayor, as other warrants are drawn.
 Sec. 167. When an appeal is taken from any preliminary assessment as herein provided for, such appeal shall not deprive
 
 judgment of condemnation from right of entry for any or all of the purposes herein provided, the amount of damages assessed shall have been paid into court, in money, and a bond shall have been given in not less than double the amount of damages assessed, with good and suffl cient sureties, to be approved by the clerk of the court to which the appeal is taken, conditioned to pay such damages as the owner of the property may sustain.
 Sec. 16S Cities and towns shall have the power to establish, maintain and regulate public schools. in which children from seven to twenty-one years of age bona fide resident of and living within the cor porate limits of such city or town, shall be entitled to admission; and non-resi- dents shall be admitted on such terms a s the board of education may prescribe, and separate schools shall be provided for children Of African descent
 Sec 169. In cities having population of six thousand or more, the management and control of the public schools therein shall be vested in a board of educat ion, which shall be composed of five members, who shall serve without compensation, and shall be qualified electors and resi- dents of the respective cities and who shall not be members of the city council. At the first regular meeting of the council in April, or as soon thereafter as may be practicable, at any regular meeting, the council shall elect the members of the board of education, whose terms of of fee shall be one, two, three. four and five years. Annually thereafter at the first regular meeting in April, or as soon thereafter as may be practicable. at a reg ular meeting, the council shall elect member, whose term of office shall be five years, to succeed the member of tho board of education whose term expires that year. In the event of a vacancy in the membership of the board by resigna- tion or otherwise, the fact shall be re- ported to the city council by the board and the council shall elect a person to fill such vacancy for the unexpred term
 Sec. TO. At it's first regular meeting in May, after the election of said board or as soon thereafter as practicable, and annually thereafter, the board shall elect from it's membership q president and vice president. It shall also elect a clerk. who need not be a member of the board, and may fix his compensation. Tho vice pres ident shall perform the duties of the pres ident only when tho president may be absent from the city or unable to per form his duties. The board may fill any vacancy occurring, from any cause. in any of the offices mentioned in this sec ton.
 Sec. I'll, All property, real and person al and mixed, now held or hereafter ac- quired for school purposes. shall be held in trust for use of the public schools of the city or town, and no sale or purchase of real estate shall be made by any other than the city council of such city or town. The board of education shall have full and exclusive power within the lim- it's of the revenue appropriated for such purpose or accrung to the use of the pub lie schools to purchase fixtures, furnl- ture. apparatus, libraries, fuel and sup plies for the use of the schools, and to sell the same, and to make expenditures for the maintenance and repair of the school ground, building and other prop erty. to establish and build new schools, when sites have been provided by the city council. and to superintend the erection thereof to make additions, alterations and repairs to the buildings and other property devoted to school uses. and to make necessary and proper regulations, contracts and agreements in relation to such matters. All such contracts shall lnure to the benefit of tho public schools, and any suit at law or in equity, brought upon them, and for the recovery and protection of money and property belong ing to and used by the public schools, or for damages. shall be brought by and in the name of the city.
 Sec. 172. Each year the board of educa- ton shall make an estimate In detail of the amount of money required for the proper support and maintenance of the public schools during the next ensuing scholastic year, which shall be submitted to the city council, and 1t shall be the duty of the city council to make annual appropriations for the support and main tenance of the schools that it may deem necessary and proper in view of all other needs of the government of the city and of the expected revenues from taxes and otherwise. Money so appropriated and all money received from the school fund of Inc state. poll taxes, and sale of school property, the sale of bonds for school pur- poses and from any other source what