The Birmingham age-herald., 1909-09-16

ton in this State shall have power and authority to execute a mortgage or deed of trust upon the property acquired with the proceeds of such bond issue, and such mortgage or deed of trust shall be admitted to record in the office of the Probate Judge of any county in this State without the payment of any tax upon the debts secured thereby, or any other fee or charge except the costs of recording the instrument at the rate fixed by law.
 II. That the denomination of the bonds, and the time for which the same are to run the place of payment and the rate of interest to be paid on same shall be fixed by the governing board of the mu- nicipality issuing the bonds; provided, that no bonds issued under the provisions of this act shall run for a longer period than thirty (SW years, and no bond issued by a city with a population exceeding six thou sand shall bear a greater rate of interest than five per centum per annum, pay able semi-annually. but cities of less than six thousand population and towns, may issue bonds bearing six per cent interest per annum, payable semi-annually, but no bonds bearing six per cent interest shall run for a longer period than ten years.
 12. That all bonds issued under author ity of this act shall be signed by the chief executive officer, and countersigned by the treasurer of the new municipality is- suing the same, and the official seal of the municipality shall have attached thereto coupons for the interest which shall likewise be signed by the chief exec utive officer and countersigned by the treasurer of the municipality issuing the same. but their fac-simile signatures may be Autographed or engraved upon said coupons.
 13. That no irregularity in the proceed ings to authorize the issue of bonds under this act, nor the omission or neglect of any officer charged with the execution of any duties imposed by this act, shall affect the validity of any bonds issued under this authority, and such bonds shall have all the properties and protection of commer- cial paper, and such bonds and coupons shall after the maturity thereof be receiv- able in payment of all taxes and dues to the municipality issuing the same.
 A. That any election held under the provisions of this act can be contested by any qualified elector of the city or town, by executing a bond with sufficient security, to be approved by the Judge of Probate of the county for the payment
 
 the contest shall be served on the Mayor of the city or town in which such cleo tion was held when the bond for costs has been approved by the Judge of Pro bate of the county; the city or town shall be made contestee and answer shall be filed in the name of such city or town. All provisions and incidents of the cleo ton law of this State relating to con- test of an election of justice of the peace shall be observed as to the contest of an election held hereunder, but no contest of an election can be instituted after the ex- piration of ten days from the date of the canvass of the returns of said election.
 15 That nothing contained in this act shall in any way affect the power of the municipal corporation to refund outstand- ing bonds, or to issue bonds to obtain money to pay for street and sidewalk improvements or sanitary or storm water sewers, the cost of which Is to be as- sessed in whole or In part against the property abutting said Improvements, or drained by such sanitary or storm water sewers.
 Approved August 2s, 1909.
 Official:
 FRANK N. JULIAN,
 Secretary of State.
 No. 2Oo.) AN ACT GI. PAS.
 To amend an act entitled "an act to provide for the organization, incorpora- ton, government and regulation of cities and towns and to define the rights, pow CTS, 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 by amending the title and sections 23, S6 SS, bS, 63, 81, 12o. 126 IS thereof and adding sections s45a, 1O71a. 1371a, 1391A. 761s.
 l. Be 1t enacted by the Legislature Of Alabama, That the title of An Act, en- titled "An Act to provide for the organi zation, incorporation. government and reg ulation of cities and towns and to definS the rights, powers, duties, jurisdiction and authority of such cities and towns and of the officers thereof, and to prescribe pen alties for violations of the provisions of this act" be amended so as to read as follows: "An Act to provide for the or ganization, incorporation, government and regulation of cities and towns and to de- fine the rights, powers, duties, jurisdiction and authority of such cities and towns. and of the officers thereof, and of State and County officers in relation to such cities and towns and to prescribe penal ties for the violation of the provisions of this Act"
 2. And that Sections IS, 2s, 3s, s. 5s, es. S1, 120 and 126 be amended so as to read as follows: Section IS. In all cities and towns, at the general election to be held on the third Monday fin September, 1908, and biennially thereafter, there shall be elected a mayor who, in cities having a population of six thousand or more, shall not sit with the council nor have vote in its proceedings. and he shall have the power and duties herein conferred. In cities having a population of less than six thousand, and in towns, the legisla- tive functions shall be exercised by the mayor and five aldermen; the mayor shall vote with and preside over the delibera- tions of the council and the aldermen in such municipalities shall be elected by the city or town at large at the first general election. on the third Monday in Sep tember 1908, and biennially thereafter. they shall be elected by the city or town at large, or from wards as the said coun- els may determine not less than six months before an election Vacancies not otherwise provided for shall be filled by the council. Section 23. Any town or city may, from time to time, extend its corporate limits in the manner set forth herein, but the provision of this act shall not preclude any city from extending its corporate limits In any other way or man. ner that may be authorized by law. When ever the council shall pass a resolution to the effect that the public health or public good requires that certain territory, describing it. shall be brought within the limits of the city or town: O. It shall be the duty of the mayor to certify a copy of such resolution to the judge of probate of the county in which the land is situated proposed to be annexed and said certified resolution shall have at tached thereto plat or map of the said territory, which certified resolution and plat or map shall he filed by the judge or probate. @. Within ten days from the date of the filing of such resolution, the judge of probate must make and enter