The Montgomery advertiser., 1907-09-11


 evidenced by a paper writing filed in the cause, or unless trial by jury be demanded by the other party in the cause by paper writing filed in the cause within ten days from the time that notice of such appeal is served on hhm or 1t. It shall be the duty of the Judge of Probate, within ten days af- ter an appeal is taken. to issue notice to the opposite party of the appeal, and place such notice in the hands of the sherin of he county and it shall be the duty of the sheriff to serve such no- tice upon the party to whom the same ,s issued, and make return thereof to the said Judge of Probate, provided, however, that if the city takes the ap- peal. such notice issued to the property holder may be served upon the property holder or his agent or attorney and If the property holder. his agent or att torney cannot be found by the sheriff, upon any person over the age of twcn- ty-one years residing on or having custody of the property of such prop srty owner. If an appeal is taken. it shall be the duty of the Judge of Pro- bate to transmit all papers In the cause. except the map and certified res- olution to the clerk of the court to which the appeal is taken, and such map and certified resolution, after the same nave pGGn EGCOIucu Oy LhG Jo06% of Probate as~herein provided, may be withdrawn from the file in the Judge of Probate's office by either party for use in the trial of the cause in the Circuit Court, or court of like jurisdic- ton, but must be returned to the Judge of Probate immediately after the trial of said cause in the Circuit Court or court of like Jurisdiction. 1t be ad- Judged that the requisite facts did ex- ist subjecting the land and property having a situs thereon to taxation, by the city a judgment shall be rendered adjudging that the land and property having a situs thereon be and the same is subject to taxation by the city, and that the taxes thereon shall be paid to the city. and that the taxes thereon shall be paid to the city. If 1t be ad- judged that the requisie facts did not exist a judgment shall be rendered ad- judging that the land and property hav- ing a situs thereon is not subject to taxation by the city. and the cost of appeal and of contest shall be adjudged against the losing party. Either the city or the property owner may appeal from the judgment of the circuit court or court Of like Jurisdiction to the Su- preme Court within the time and in the same manner as is provided by law, for an appeal from such court in an analogous cause. CID In each contested cause before the Judge of Probate where a judgment is rendered adjudg- ing that the property Is subject to city taxation and where there is/no ap- peal from such judgment, it shall be the duty of the Judge of Probate as soon as the time for an appeal has ex- pired, to make an endorsement on the records of said map across the prop erty in contest as shown on said map. "Adjudged subject to taxation" If there is an appeal from the judgment rendered by the Judge of Probate and on the termination of such appealed cause it is adjudged that the property in controversy is subject to city tax ation, it shall be the duty of the clerk of the Circuit Court, or court of like jurisdiction, to briefly certify to the Judge of Probate that 1t has been ad- judged that the property is subject to city taxation and thereupon the Judge of Probate shall endorse upon the rec ord of said map on the property in con- troversy as shown on said map, "Ad- judged subject to city taxation" (lH All property adjudged to be subject to city taxation under the provision here- of shall be liable for the payment of taxes to the city from and after the commencement of the city tax year, commencing next after the time of the passing of the resolution by the Board of Aldermen. or governing body of the city, embracing the property adjudged to be subject to city taxation. (13) The Judge of Probate shall cause to be recorded in the record of his office the certified copy of resolution nled by him, together with map attached, and all orders and decrees or judgments rendered by him, and the certificate of the clerk of the Circuit Court, or court of like jurisdiction dled with him in any appealed cause, but the said map is to be recorded in the map recoros as herein provided.
 Sec. f. All territory brought within the corporate limits of city under the provisions of this act, shall be subject to the laws and ordinances of said city. and the Council or gov erning body of the city shah have and exercise the same 1urisdlc- ton over such territory as Is exer- cised over the other territory within the corporate limits of the city except as may be restricted by ordinance or resolution passed by the Council or governing body of the'city.
 Sec, 5. The Council or governing body of the city shall create new wards Gas many as may be deemed 10 DC necessary regardless of any limitation fin the charter of the city on the mum her of wards, or may enlarge the wards. so as to embrace all territory brought within the corporate limits of the city, and so as to afford opportun~ ity to all persons entitled to vote at elections in the city to vote thereat Each ward In the city shall have the same number of aldermen or represen- tatIyes in the Council or governing boay of the city, and as new wards are created. the Board or governing body of the city shall elect aldermen or rep resentatives to represent such wards in the Council or governing body of the city. as in the case of vacancy; the aldermen or representatives so elected to hold office until the next regular election in the city, provided, however, that no person residing on territory which is exempt from taxation under provisions hereof shall have any right to vote in any election held in the city for the election of any city officer or in any other election held in the city which pertains to the govern ment of said city, and pro yided, further, that no person who resides in territory exempt from taxation under the provisions hereof shall be eligible to hold any elective office fin said city, and provided further that in no event snail there be more than thirty aldermen or representa- lives in the Council or governing body of the city.
 Sec. 6. The Council or governing body of the city shall by resolution or ordinance, divide the respective wards in the city into the voting precincts, as many as may be necessary, and each