The Birmingham age-herald., 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 violations of the provisions
 of this act
 Section l. Be it enacted by the Legsla- ture of Alabama, That all municipal or ganIzatons now existing In the State of Alabama, whether incorporated under the generals laws of the State, or by special act of the Legislative department of the State government, and now exercising cor pordte powers or functions, and all towns and cities that may hereafter be incor- porated under the provisions of this act. shall and are hereby declared to be bodies polite and corporate, using a common seal which may at any time be changed, and having perpetual succession, under the name now used or hereafter assumed, 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 appropriation for any municipal purpose herein authorized; and the same shall be held, managed and controlled by the said municipal corporations under the provisions by law herein contained and all rules regulations, resolutions and or dinances mat may be required to carry out any all of the provisions of this act shall be adopted by the several coun- cis thereof Such municipal corporations shall be and are hereby ~eciared to be invested with the full powers, duties and authority herein granted.
 Sec. ?. No municipal election for officers, except as herein otherwise provided shall be held after the 1st day of January next until the third Monday in September, 1908, when a general municipal election Shall be held. Officers elected and qualified after the passage of this act and before the 1st day of January, 1908, and persons holding ollice on the 1st day of January, 1908, shall unless removed be continued in office until the first Monday in October thereafter. officers elected before the passage of this act whose terms shall not have expired on the first Monday in Oc
 tober 1908, shall hold office until their terms expire under the provisions of the law under which they were elected, ex- cept as herein provided, and the terms office of all persons elected on the third Monday in September, 1908, shall, in such cases begin on the expiration of the terms of the persons then holding office and the persons so elected shall hold office until their successors are elected and qualified. Provided, however, 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 tho Mayor holding office at said time except as herein provided. 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 now provided by law, and such municipal corporations shall have the powers and exercise the authority herein conferred, unless prohibited in ex- press terms by the respective charters of the several cities and towns or when by their nature they may not be exercised by such municipalities as now organized. The term Mayor as used in this act shall in- clude the chief executive officer of any city or town as now organized
 Sec. B. Affirmative action shall not
  acquire the rights, power and author ity herein granted. Municipalities shall, however, hold such elections and pass such ordinances and resolutions as are herein required
 Rights of action and rights of prop erty arising before or existing at the time of a change of corporate organi- 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.
 The corporate limits of any city shall 1 not be altered or affected by the adop- ton of this act.
 Sec. A. Municipal corporations now | existing, or hereafter organized under this act, containing two thousand or 1 more inhabitants shall be called cities All incorporated municipalities contain ] ing more than one hundred and less 1 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- | lation of a city or town. At the next | election. more than four months after ! the census shall have been taken anl officially announced, if the municipality l shows population which authorizes a change in it's government, under this act. the proper officers for such a city | shall be elected and perform the duties herein prescribed
 Sec. B. When the inhabitants or an unincorporated community. which has l a population of not less than one hum dred. desire to become organized as municipal corporation, they may apply | to the probate judge of the county In which such territory is situated, or the greater portion thereof if it is situ- eted 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 munlc- ipality Such petition shall state the 1 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 With tn corporate limits. Proof of the resi-
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