The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25
GENERAL LAW S
Enacted BY the Legislature of Alabama

such county, then by a notice posted at
the door of the court house and in two
| other public places in his county, the
probate judge shall make a proclamation
stating the total vote of the county For
Dispensary" and the total vote Of the
county Against Dispensary," and which
side had majority at such election, and
the amount thereof. If majority of the
votes cast at such election were FOR
Dispensary" then in such proclamation
the judge of probate shall also state and
declare that his county, giving its name,
is and shall be a dispensary county I'M
der the dispensary local option act of
1907.
Sec. Z. Any manager, clerk, returning
officer or other officer of said election
who, without sufficient excuse, shall fail
or refuse to perform any duty required
| of him under the provisions of this act
or of the general election law shall be
| liable to a penalty of not less than
| twenty-five nor more than five hundred
| dollars to be recovered in a suit brought
against him by the county in which the
| election was held He shall also be guilty
of mlsdemeanor, and, upon conviction,
shall be fined not less than twenty-five
dollars.
Sec. 8. All men who in their several
counties are qualified electors under the
constitution and general election laws of
this State at the time of the election
herein provided for, and only such, shah
be entitled to vote at any election under
. the provisions of this act
Sec. 8. 1t shall be the duty of the sher-
| if, deputy sheriff, or any constable to
| arrest without process any person who
violates the provisions of this act, or
the provisions and incidents of said cleo
ton laws, and commit him to jail until
| he shall give bond, with good and suffi-
cient sureties, to be approved by the sher-
! if, for his appearance at the next term
of the circuit, county. or city court hav-
! ing jurisdiction of the offense, to answer
any Indictment which may be found
against him.
| Sec. 10. A contest of the election held
under this act in any county may be
made by any qualified elector of the
| county by executing a bond, with two
| sufficient sureties, to be approved by the
judge of probate of the county for the
Notice of the contest shall be served on
the circuit solicitors of the county in
which the contest is instituted. Upon
the execution of a 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 contestee. Both
! in the lower and appellate courts said
contest shall be preferred case
Sec. II. All provisions and incidents 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 ordered, as far
as the same are applicable 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
=, compensation as are required of them
and is provided for them in the general
election laws of this State Such COM
pensation and all costs of election shall be
paid out of the county treasury of the
county in which the election is held.
Sec. IL. 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. 1S. All counties in which at the cleo
| ton held under the provisions of this act,
a majority of the voters were ascertained
and declared to have been cast For Dis
pensary," are designated in this act as
''dispensary counties under the dispen-
! sary local option act of 1907"
Sec IA. Each Incorporated city and
town in each of the 'Dispensary Coun-
| ties under the Dispensary Local Option
Act of 1907" except the towns herein
| after described, shall have authority on
and after the first day of January next
succeeding the time of the election held
under this act in the county in which
| such cities and towns are severally sit
| uated, to establish, maintain and operate
| in its corporate name, in its corporate
capacity and through its legislative body,
the business of buying and selling spirit
| uous, vinous and malt liquors, subject to
| the conditions and restrictions hereinaf-
| ter mentioned. The place at which said
business of buying and selling liquors is
carried on shall be called a dispensary.
| The term dispensary in a general sense
| includes the place at which liquors are
stored. But in this act the term when
It refers to particular place, refers to
| the place where liquors are sold. In
each of said towns or cities which has
population of ten thousand persons or
| less, there shall be one dispensary, and
| only one. In towns or cities that have
population greater than ten thousand
| and not exceeding twenty thousand, there
may be two dispensaries. In general
| for every ten thousand of its population
| Cities whose population is over twenty
| thousand, and between multiples of ten
| thousand, may have a dispensary for
| every ten thousand of its population,
and an additional dispensary for the ex-
cess of its population over the lower one
of the said multiples. But no dispen-
sary shall be established In a town that
| has less than three hundred inhabitants
| unless, said town Is a county site. The
| population of towns and cities shall be
determined by the last preceding federal
|