The Montgomery advertiser., 1907-08-29


 poration, government and regulation
 of cities and towns and to define the rights. powers, duties. Jurisdiction
 and authority of such cities and
 towns and of the officers thereof.
 and to prescribe penalties for viola
 tions of the provisions of this act
 Section 1. Be it enacted by the Legislature of Alabama, That all muni- cipal organizations now existing in the State of Alabama, whether incorporated under the general laws of the State, or by special act of the Legislative de- partment of the Stato government, and now exercising corporate powers or functions, and all towns and cities that may hereafter be incorporated under : the provisions of this act. shall and are hereby declared to be bodies polite and corporate, using common seal which may at any time be changed, and having perpetual succession, under. the name now used or hereafter as- sumed, as herein provided and each under such name as the City of..-. or Town of ........" as the case may be, shall sue and be sued. contract and be contracted with, acquire property by purchase, gift, device or appropria- tfon for any municipal purpose herein authorized; and the same shall be held. managed and controlled by the said municipal corporations under the pro- visions of law herein contained and all rules, regulations, resolutions and ordinances that may be required to carry out any or all of the provisions of this act shall be adopted by the several councils thereof. Such muni- cipal corporations shal be and are here- by declared to be invested with the full powers. duties and authority here- in granted
 Sec. 2. No municipal election for of ficers, except as herein otherwise pro- vided shall be held after the 1st day of January next until the third Mon day in September, 1908, when a general municipal election shall be held Of ficers elected and qualified after the passage of this act and before the 1st day of January. 1908, and persons hold Ing office on the 1st day of January, 1908, shall unless removed be con tinued in office until the first Monuay ] in October thereafter. Officers elected before the passage of This act whose terms shall not have expired on me first Monday in October, 1903, shaii hold office until their terms expire under the provisions of the law under which they were elected, except as herein provided, and the terms office of all persons elected on the third eAssn- day in September. 1908, shall, In sucn cases, begin on the expiration Of the terms of the persons then holding or
 
 hold office until their successors are elected and qualified. Provided. how ever, the term of no officer of the city holding office on the first day of January, 1908, shall in no event extend beyond the term of the Mayor holding office at said time except as herein pro- yfded. Until the officers elected at the general municipal election on the third Monday in September, 1908. shall have assumed their duties of office, the corporate organizations of the several cities and towns of the State shall be and remain as now provided by law, and such municipal corporations shaH have the powers and exercise the authority herein conferred, unless pro- hibited in express terms by the respec- tive charters of the several cities and towns or when by their nature they may not be exercised by such muni- cipalities as now organized The term Mayor as used in this act shall include the chief executive officer of any city or town as now organized.
 See 8. Affirmatike action shall not be necessary for cities and towns to acquire the rights, power and authori-- ty herein granted Municipalities shall however, hold such elections and pass such ordinances and resolutions as are herein required.
 Rights of action and rights of proper ty arising before or existing at the time of a change of corporate orgent- zation as herein directed. shall be en- forced against or in favor of such city or town, and all suits then pending in favor of or against municipal cor porations shall continue to judgment unaffected by this act and shall be en- forced in favor of or against such city or town, as the case may be. notwith- standing a change of name or of or ganization.
 Tine corporate limits of any city shall not be altered or affected by the adop- ton of this act.
 Sec. 4. Municipal corporations now existing, or hereafter organized under this act. containing two thousand or more inhabitants shall be called cities. All incorporated municipalities con taining more than one hundred and less than two thousand inhabitants shall be called towns The last census whether federal or taken as herein authorized shall be taken in determining the popu- 4 lation of city or town. At the next election, more than four months after the census shall have been taken and officially announced,Aif if the municipality shows a population which authorizes e change in its government. under tnis act, the proper officers for such city shall be elected and perform the duties herein prescribed.
 Sec. s. When the inhabitants of an unincorpofated community. which has popuiation of not less than one hundred, desire to become organized as a municipal corporation. they may ap- plv to the Probate Judge of the County fin which such territory is situated, or the greater portion thereof if 1t IS situated in two or more counties, for an order of incorporation, by petition in writing signed by not less than twenty-five qualified electors residing within the limits of the proposed muni- cipality Such petition shall state the proposed name of such municipality and shall have attached thereto and as a part thereof an accurate plat of the territory proposed to be embraced within corporate limits. Proof of the residence and qualification as voters of the petitioners shall be made to the Judge of Probate, by affidavit. or otherwise, as he may direct.
 Sec. 6. Upon compliance with tho provisions of the next proceeding sec tion, the Judge of Probate must direct an election to be held, within thirty at a place within the limits of the proposed town or city. to be designated by him, and he shall give notice by notification in one or more newspapers. if there are any, published in the Coun- ty. and by posting in three public places within the limits of the proposed town or city, that such election will be held at a certain time and place, and that a plat showing the limits of the proposed city or town is on file in the effice of the Judge of Probate of such County.
 Sac T Tha TudPe of Probate shall l