The Birmingham age-herald., 1907-06-08

do the same, or filling in the said exca. vations in any manner which causes irreg- ularities, unevenness or Instructions, or causes, permits, suffers the same 10 be done, shall be punished as provided in Section S06 of this code
 Sec. 3. Be 1t further ordained that Sec. FPS of the City Code of Birmingham, be, and the same is hereby amended SC as to read as follows:
 Sec. FPS. Street Commissioner to Re- place Street: Whenever any curbing, block or other pavement shall be removed from any street or sidewalk as herein provided, each person so removing the same shall immediately upon the conl- pletion of the work done on such street or sidewalk. notify the street commis- sioner of the completion of such work, and thereupon said commissioner shall replace the removed part of said street or pavement in good and safe condition for travel, and he shall report the cost of the same, together with the amount Of fee for issuing the permit hereinbefore provided for, by the city treasurer. And whenever any such excavation Is made in any unimproved street or sidewalk, or the same is otherwise obstructed such person doing the same shall forthwith, upon the completion of the work thereon, proceed to fill in such excavation and re- move all Instructions, and shall leave said street in the same condition that he found it, and in case any excavation is made in any sidewalk or in any street which has been graded, macadamized or otherwise improved, and shall not be properly filled in, from any reason shall cause any irregularity or unevcn- ness in the said street, then the said street commissioner shall take such steps as may be necessary to place the removed part of the said street or sidewalk n good and safe condition for travel, re- moving the said irregularities and re- pairing the said fault or defect, and he shall report the cost of the same. to- gether with the amount of the fee for issuing the permit hereinbefore provided for to the city treasurer, provided, how ever it shall be the duty of the said street commissioner to inspect the said filling in or replacing of all streets which have not been paved, but which have been graded, macadamized or otherwise im- proved. within a reasonable time after the said excavation shall have been filled in, and if the said excavations are prop erly filed in, to report the said fact, together with the amount of the fee for issuing sadi permit hereinbefore provided for, to the city treasurer. It shall there- upon be the duty of the said city treas urer to deduct all of the said costs so reporter from the said deposit of $10.C1 required by the provisions of this chap ter, and the remainder, if any, he shall turn over to the person depositing the same, except as herein otherwise provld- ed, and if the amount of the deposit shall be insufficient to pay the same, the city treasurer or some one directed by him, shall make demand on the said depos- itor for such additional amount as shall be necessary to defray the cost of the replacement of said street or pavement. And in failure of the payment thereof. it shall be the duty of said city treasurer to report the same to the city attorney, who shall thereupon bring suit for the same in the proper court. and in the proper manner, it being hereby declared that the said amount shall become a debt due and payable by the said depositor on the demand of the said city treasurer. It shall also be the duty of all city officials to refuse further permits to said party while so in default of such payment.
 Adopted June 5, 1907.
 GEO. B. WARD, Mayor.
 Attest: J. c. MURRAY, City Clerk.
 Age-Herald, June 8, 1907.