The Birmingham age-herald., 1907-04-23

corporated city, town or village. The word Incorporated must be held to qual- fly and describe each of the three words city. town and village
 Help the Beginners.
 "3. Whenever the erection of a rural school building has been begun and has not been completed before the passage of this act. think such school house should receive the benefits of this act and you would be authorized to so hold provided the county board of education, upon ap- plication by the district trustees to the county superintendent of education and its submission to said board, approves such application for atd, after having as- certained that all the conditions of sec tion of said act have been complied with; and if the plans of said building under course of construction are indorsed by you.
 A. The following provision is found in the last lines of section of this act: No money shall be appropriated for the erection of a new school building on 0 plat of ground of less dimensions than two acres The meaning of the language employed here is too obvious to admit of any doubt The restriction upon the erec ton of a new school building on a plat of less than two acres is plain, and it is equally apparent that this restriction does not apply to the school houses al- ready erected on plat of less than two acres. Repairs on such a school lot of less than two acres therefore, may re- ceive the aid of the funds appropriated under this act.
 To Carry Forward.
 "5. Construing this act as whole, 1t is my opinion that 1t appropriates $67, ,00a annually for the purposes named in the act. From section 1 1t would appear that $61O0O or only so much thereof as Is necessary, is appropriated, but when con- strued in connection with the following provision in section D. Provided further that if at the end of any year the whole appropriation for the year has not bean exhausted, the state auditor and the state treasurer shall carry the unexpended bal ance forward and this balance shall be available in addition to the regular ap- propriation for the current year 1t is clear that it was the manifest intention or the legislature to appropriate and set aside $67-o00 each year to aid rural school districts, and such evident intention of the legislature must control.
 f'You will observe that section 1 pro- vides that not more than 5000 of the an- nual appropriation shall be used in any one county in a separate fiscal year, but this provision cannot be held to apply to the unexpended balance mentioned in section 5, which is made available in ad- dition to the regular appropriation for the current year.
 "6. Where this appropriation Is used for merely repairing rural school houses, the act does not require the plans of such school house to be indorsed by the state superintendent of education.
 Form of Deed.
 '7. The deed provided for in section 4 of this act should be made to the state of Alabama for the benefit of -- district of county. and ehou1d convey fee simple title. Therefore, advise you to instruct your county super intendents of education to accept only deeds which pass an absolute and uncon- ditonaI title to the state of Alabama. I advise also that you require these deeds to be sent to your office for inspection before requesting the state auditor to draw his warrants as provided in the act. They should also be filed in your of- fee for safe keeping.,