The Montgomery advertiser., 1907-03-25


 duty required of him under the pro- visions of this act or of the general election law shall be liable to penalty of not less than twenty-five nor more than five hundred dollars to be recov- cred in a suit brought against him by the county in which the election was held. He shall also be guilty of mis- demeanor. and, upon conviction, shall be fined not less than twenty-five dol- lars.
 Sec 8. All men who In their sev- eral counties are qualified electors un- der the constitution and general elec- tion laws of this State at the time of the election herein provided for. and only such, shall be entitled to vote at any election held under the provisions of this act.
 Sec. Q. 1t shall be the duty of the sheriff, deputy sheriff. or any con- stable to arrest without process any person who violates the provisions of this act, or the provisions and inci- dents of said election laws, and com init him to jail until he shall give bond, with good and sufficient sureties, to be approved by the sheriff, for bis ap- pearance at the next term of the cir- cult, county, or oity court having ju- risdiction of the offense, to answer any indictment which may be found against him.
 
 held under this act in any county may be made by any qualified elector of the county by executing bond, with two sufficient sureries, to be ap- proved by the judge of proDate of the county for the payment of the costs of the contests. Notice of the contest shall be served on the circuit solici- tors of the county in which the con- test is instituted. Upon the execution of bond for costs signed by the three or more qualified electors of such county, to be approved by the judge of probate of the county, said solicitor shall respond in the name of the county, and the county shall be con testee. Both in the lower and appel late courts said contest shall be pre- ferred case. Sec. II. All provisions and inci- dents of the election law of this State, including a contest. which pertain to the election of judges of probate shall be observed at the election herein or dered, as far as the same are appli- cable and not out of harmony with the provisions of this act in general, all elections held under this act shall be held and conducted. except where it is otherwise provided In this act, under the general election laws of this State, and the officers of election under the general election laws of this State shall discharge and perform the same duties and receive the same compen- sation as are required of them and is provided for them in the general elec- tion laws of this State. Such cotnpari- son and all costs of election shall be paid out of the county treasury of the county in which the election Is held.
 Sec. 12. Different elections in the same county may be held under this act. But when any election has been held under this act in any county, no other election shall be held in such county under this act within two years from the date of such election.
 Sec. 13. All counties in which at the election held under the provisions of this act, a majority of the voters were ascertained and declared to have been cast For Dispensary." are desig- mated in this act as "dispensary coun- ties under the dispensary local option act of 1907"
 Sec. 14. Each incorporated city and town in each of the "Dispensary Counties under the Dispensary Local Option Act of 1907," except the towns hereinafter described. shall have au- thority on and after the first day of January next succeeding the time Of the election held under this act in the county in which suca cities and towns are severally situated. to establish, maintain and operate in its corporate name, in its corporate capacity and through it's legislative body, the busi- ness of buying and selling splrituous, vinous and malt liquors, subject to the conditions and restrictions hereinafter mentioned. The place at which said business of buying and selling liquors is carried on shall be called a dispen- sary. The term disHensary in a gen. eral sense includes the place at which liquors are stored. But in this act the term when 1t refers 10 a particular place, refers to the place where liquors are sold. Tn each of said towns or cities which has a population of ten thousand persons or less, there shall be one dIspensary, and only one. In towns or cities that have a population greater than ten thousand, and not ex- ceeding twenty thousand, there may be two dispensaries In general. there may be in each city dispensary for every ten thousand of its population. Cities whose population is over twen- ty thousand, and between multiples of ten thousand, may have dispensary for every ten thousand of It's popula- tion, and an additional dispensary for the excess of its population over the lower one of the said multiples. But no dispensary shall be established in a town that has less than three hun dred inhabitants unless, said town is county site. The population of towns and cities shall be determined by the last preceding federai census. These dispensaries shall be established and carried on only within the corporatea limit of such towns or cities. Each municipality that carries on such busi- ness shall invest in the business at the outset a sum or money not less than three hundred dollar, nor more than ten thousand dollars, for eacn dis pensary 1t may establish and carry on, The liquors bougat and sold, as herein provided, shall be of the pur- est and best quality.
 Sec. Is. The office of purchasing agent for the dispeasary is hereby created, and there shall be a purchas- ing agent for eacn dispensary that nav be established. The first purchas- ing agents for a dispensary or dispen- saries established in any county under this act shall be elected within three months after the judge of probate has made proclamation as above provided that his county is one of the dlspen- sary counties under the dispensary To- cal option act of 1907, and the term of office of said purchasing agents shall begin on the day on which the dis pensary is to open and shall continue for two years. The term of their suc- cessors in office shall oe two years. Purchasing agents shall not hold offlee for more than two terms in succession. But the filling of a vacancy snail not be considered as one of said success slve terms Under all events, however, such purchasing agent shall hold office until his successor Is erected and quail flied. The purchaing agent shall pur-