The Montgomery advertiser., 1907-03-25


 other way or manner that may be au- thorized by law.
 Sec 2. Whenever the council or governing body of the city shall pass a resolution to the effect that the pub- lie health or public good requires that certain territory, describing it, shall be brought within the limits of the city: Ql It shall be the duty of the mayor, or other executive head of the city to certify copy of such resolu- tions to the judge of probate of the county in which the land is situated proposed to be brought into the city. and said certified resolution shall have attached thereto plat or map of the territory proposed to be brought into the corporate limits of the city, which certified resolution and plat or map shall be filed by tho judge of probate, (2) Within ten days from the date of the filing of such certified copy of res- olution, with plat or map attached, the judge of probate must make and enter an order upon the minutes of said court. directing and ordering an cleo ton to be held by the qualified cleo tors residing within the territory de- scribed In such plat or map, not less than twenty days nor more than forty days from the date of the making of the order. The said judge shall give notice of the holding of such election by publication in at least one news paper (and at the discretion of the judge, in more than one newspaper), published In the county wherein such election Is to be held. and published within the city or town whose llmits are proposed to be extended if a newspaper Is published therein which notice shall state the day on which such election will be held, the voting place or places at which the election will be held, the ..f. | f-N. ct reside to vote at the respective vot- ing places, which must be within the territory proposed to be brought Into the city. or town, and such notice must give a description of the territory pro- posed to be brought within the city, or town, and must state that a map showing the territory proposed to be brought into the city. or town, is on file in the office of the judge of pro- bate of said county. open to the in- spection of the public. (3D The judge of probate may designate as many places within the territory proposed to be annexed as he may deem necessary for the convenience of the voters and must designate the boundaries within which the voters must reside to vote at the respective voting places, and shall appoint three inspectors of cleo ffon, and one returning officer, for each voting place. which inspectors shall manage the election at the respective voting places at which they are ap- pointed inspectors. (4) Each qualified voter whe has resided within the boundaries of the territory proposed to be brought into the city or town for three months next preceding the election, may vote at such election but must vote at the voting place designa- ted by the judge of probate for voters in the territory in which he resides, within the territory proposed to be brought into the city or town. (5) The election to determine whether or not the proposed teri tory shall be brought within the corporate limits of the city must be conducted in all re- spects as provided by the general elec- ton laws, and under the same sane tion and penalties, except as changed by the provisions hereof, and except that an of1cial ballot need not be pro- vided. (6) Each voter may furnish his own ballot with the following words written or printed thereon, For Annexation" if he desires to vote in favor of annexing the territory to the city, or "Againsl Annexing." If be de- sires to vote against annexing the ter ritory to the city or town. It shall not be necessary for the ballot to be of any particular size, form CT color. (7l The inspectors at the respective voting places must, as soon as the polls are closed, ascertain and certify the results of the election at their respective voting place. to the judge of probate, and deliver the same to the returning officer, who must at once return the same to the judge of pro- bate, and the judge of probate must canvass the return as made by the in- spectors, and if appears that major ity of the votes cast at the election f,4f Ca rNfa AnmpvlffnNp judge shall make and enter an order on the records of the probate court adjudging and decreeing the corporate limits of the city or town to be ex- tended 50 as to embrace the territory described in the resolution and desig- mated on the plat or map attached to the resolution, and must cause the certified resolution and all orders or deerees or judgments to be recorded in the records in his office, and must also cause the map or plat to be recorded in the map records In his office and from the time of the entry of such order such territory shall be a part of and within the corporate limits of the city or town. If it appears that a majority of the votes cast at the elec- ton are Against Annexation" the judge of probate shall make and enter an order on the records of the court adjudgIng and decreeing that a major ity of the votes at such election were cast against coming into the corpor- ate limits of the city, or town, and that the territory described and desig- mated in the resolution and plat or map attached shall not form a part of or be embraced in the city or town until 1t may thereafter be brought into the city or town as a part thereof (s) The result of such election may be con-
 tested by any qualified eiector voting at the election under the same pro visions as are provided by general law for contesting the election of justice of the peace, making the city or town the contestee. The city or town at whose instance the election is held shall pay all cost and expense incident to the election. (9) The plat or map filed with the certified copy of the res olution, as required herein, shall show the boundary of the territory proposed to be taken into the city, or town, which territory must be contiguous to the boundary of the city, or town, at some point. and such territory may extend to or around the boundary line of any other city or town, but is not to embrace any territory within the corporate limits of another city or town,
 Sec, 8. All territory brought within the corporate limits of a city, or town, under the provisions of this act. shall be subject to the laws and ordinances of said city, or town and the council or governing body of the city, or town, shall have and exercise the same juris- at,Aton. ax-ar s,ch fePrttOrV Ia