The Birmingham age-herald., 1907-08-29

lature of Alabama, That the city conn ] ell or other governing body of each cttv 1 In the State of Alabama having aeco,i- 1 ing to the next preceding Federal eenstt3 1 a population of more than thirty-fve | thousand shall have full power and au- l thorlty 10 require railroad companies 10 l construct and maintain, within the city l limits, viaducts, bridges and tunnels or I parts of viaducts, bridges and tunncds l and their approaches, over, along or un- l der their tracks at their own expense; such bridges and their approaches, tun- | nels or other conveniences at public crossings, and such viaducts and their 1 approaches over their tracks, where the same cross or extend along public hign- l ways or streets; provided that no via- duct bridge or tunnel shall be construct ed under this act unless said governing | body shall have provided for a vacation l of the street upon completion of said via l duct bridge or tunnel throughout that 1 portion thereof over. along or under
 which the said public improvement Is l proposed to be constructed the fee of the street, nevertheless, to remain in the city.
 Sec ?. That whenever any such gov- erning body shall deem any such im- 1 provement necessary, it shall pass an or l dlnance requiring the construction | of such improvement, describing | the character and location of | such proposed improvement, with | reasonable certainty, and stating the estimated cost thereof and fixing a | reasonable time for the construction of
 the same; and where a viaduct, bridge or tuanel crosses over or passes under the tracks of two or more railroad com panies, the said governing body shall l have full power and authority to appor- ton the cost thereof, equitably among the different railroads owning the said tracks.
 Sec. 3. That any such governing body may penalize the failure of any such railroad company or of such railroad companies, construct within a reasona- ble time, or to maintain, any such via duct, bridge or tunnel ordered by a proper ordinance; such penalties to be prescribed as provided in the charter of said city for violation of police ordi- nances, and such penalties may be di- rected against said railroad company or railroad companies, or against it's or their agents or officers having super vision, charge or control of or operating the same, any or all. Such governing body may also. by bill filed in any court having chancery jurisdiction in the coun- ty in which the city Is situated compel | compliance with any or all proper ordi- nances ordering the construction or main tenance of viaducts, bridges or tunnels, passed under the authority of this act, express Jurisdiction being hereby con- ferred on all Chancery Courts of this State to that end
 Sec. 3h. The railroad companies so or dered by such governing body to con- struct and maintain viaducts, bridges and tunnels, shall have the right to appeal to any court having chancery jurlsdlc- ton in the county in which the city IS | situated, from the order of such govern Ing body and from any order made pen | alizing such railroad companies for their failure to construct and maintain such viaducts, bridges and tunnels, on su h appeal the railroad company shall give such bond as may be prescribed by said chancery court.
 Sec. 4 That all laws and parts of laws In conflict with the provisions of this act are hereby expressly repealed.
 Approved August 13, 1907.
 official:
 Frank N. Julian,
 Secretary of State
 No 529,) AN ACT QI. B. ll5o. To amend "An act to provide for the settlement. adjustment and refunding
 of the bonded indebtedness of munici- pal corpo ations. Be 1t enacted by the Legislature of Alabama, That An act to provide for the settlement, adjust ment and refunding of the bonded in- deotedness of municipal corporations '" approved February 26, 1905 be and the
 same Is hereby amended to read as fol- lows:
 Section l. Be it further enacted that 10 city, town or village of any kind are hereby authorized and empowered to set tie, adjust and refund the same upon Inc best terms they can obtain, and in order to carry Into effect the settlement, ad- justment and refundng of such bonded indebtedness. the municipal authorities of any such corporations are authorized and empowered to issue bonds for such an amount as may be necessary to pay the indebtedness of such corporation which 1t Is proposed to settle adjust and refund, and for no other purpose whatsoever in such sum and form and to run for such length of time, not exceeding thrty years, and to bear such rate of interest not to exceed five per centum per an- mum, payable annually or semi-annually at such place as the municipal authorities may designate and may levy and collect, in accordance with the constitution and in the manner provided by law, such tax as may be necessary upon the real and personal property and all other subjects of taxation in such corporation to pay the interest and principal of such bonds, provided. that the tax levied under the authority of this act in any one year shall not exceed the constitutional limita- tion on the rate of taxation applica ble to such county, city, town or village.
 Sec. 2. Be 1t further enacted that where the debt which 1t Is proposed to settle, adjust or refund Is secured in whole or in part by A mortgage. lien, or deed of trust upon any property be- longing to the municipality, such munic- ipality Is authorized and empowered to make a new lien, mortgage or deed of trust upon such property to secure the payment of the entire issue of such re- funding bonds.
 Sec. 3. Any county, city. town or vil- lage issuing refunding bonds hereunder is hereby subrogated and substituted to all the rights and remedies prescribed by any local or special law heretofore enact ed for the protection of it's bond holders, or, conferred upon It. or any trustee. and 1t may sue for and recover any taxes as other municipal taxes are collected, or otherwise, any money or property which such municipality or such trustee might have recovered under any special or local law heretofore enacted; provid ed, however. that the governing body of