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

designated by the judge of probate for
 voters in the territory in which he resides (5) The election to determine
 whether or not the proposed territory l shall be brought within such corporate 1 limits, must be conducted in all res 1 poets as provided by the general elec-
 ton laws and under the same sanction l and penalties except as changed by the
 provisions hereof, and except that an official ballot need not be provided. (6) 1 Each voter may furnish his own ballot l with the following words written or 1 printed thereon. For annexation" If 1 he desires to vote in favor of the an- nexlng the territory to the city, or
 Against Annexation" if he desires to vote against annexing the territory to the city or town It shall not be neces- sary for the ballots to be of any par 1 tcular size, form or color. @ The 1 inspectors at the respective voting 1 places must, as soon as the polls are closed, ascertain and certify the re- suits of the elections, at their respec- 1 tive voting places, to the judge of pro 1 bate, and deliver the same to the re- turning officer, who must, at once. re- l turn the same to the judge of probate,
 
 the returns as made by the inspectors
 and if it appears that a majority of the | votes cast at the election were For | Annexation" the judge shall make and l enter an order on the records of the probate court adjudging and declaring the corporate limits of the city or 1 town to be extended, SO as to embrace | the territory described In the resolu- l ton and designated on the plat or 1 map attached to the resolution, and must cause the certified resolution and l the map and all orders or decrees or 1 Judgments to be recorded In the records in his office and from the time of the | entry of such order such territory shall l be a part of and within the corporate l limits of the city or town. If 1t ap- l pears that a majority of the votes cast | at the election are Against Annexa- | tion," the judge of probate shall make and enter an order on the records of l the court adjudging and decreeing that a majority of the votes at such election were cast against coming in- to the corporate limits of the city or town, and that the territory described 1 and designated in the resolution and 1 plat or map attached shall not form part or be embraced in the city or town until 1t may thereafter be brought in- to the city or town as part thereof. l tS) The result of such election may l be contested by any qualified elector 1 voting at the election, under the same provisions as are provided by general i law for contesting election of justices of the peace, making the city or town the contestee. The city or town at whose instance the election Is held shall pay all costs and expense incident | to the election. (9) The plat or map 1 filed with the certified copy of the reso- | lution, as required herein. shall show
 the boundaries of the territory propos-
 ed to be taken into the city or town. which territory must be contiguous to the boundary of the city or town, at some point, and such territory may ex- | tend to or around the boundary line of any other city or town, but 1t is not to embrace any territory within the cor | porate limits of another municipality. 1 All territory brought within the cor l porate limits of a city or town, under
 lution. as required herein, shall show | ject to it's laws and ordinances and the
 council shall have and exercise the l same jurisdiction over such territory | as is exercised over the other territory within the corporate limits of the city | or town The council may create new | wards or may enlarge the wards, so as
 to embrace all the territory brought
 within the corporate limits of the city,
 or town. so as to afford opportunity
 to all persons entitled to vote at cleo
 tions in the city or town, to vote
 there at. The probate judge shall be
 entitled to the same fees for his ser
 vices performed under the provisions hereof. he Is authorized by law to | charge and collect for similar services | rendered by him, and all other officers | shall be entitled to the same compensa-
 ton for services rendered by them as
 they are authorized by law to charge | and collect for similar services render 1 ed by them, and the city at whose in- l stance the service is performed under 1 the provisions hereof, shall pay all
 costs and expense thereof. except in | the case of a contest as herein provid- l ed. Any city or town having extended | It's corporate limits under the provi- 1 sions of this act, or other act, or law 1 may again extend It's corporate limits l hereunder or under any other act or
 law authorizing an extension of cor
 porate limits by cities or toSAs In
 every proceeding to extend the corpor-
 ate limits of any city or town under | the provisions hereof, the council of
 such city town shall declare in
 each and every resolution herein pro-
 vded for and the probate judge shall
 declare in each and every order direct
 ing and ordering an election to be
 given hereunder, and in every order
 
 directing and ordering an election to be ! held hereunder and in every notice given l hereunder and in every order 1 made and entered on the record of the
 probate court hereunder, that such res 1 olution, order or notice, as the case
 may be, is passed, given or entered un-
 der the provisions of this Act After an
 election has been held in any territory
 under the provisions of this, or any
 other act. or law, no other or subsequent l same territory or any part thereof with 1 in twelve months next after said cleo
 ton. Sec. S6. The council may, of its 1 own notion impeach or remove any ] of the officers named in the preceding 1 section. including the president of the 1 council for corruption in office, habit
 ual drunkenness, incompetency, official | misconduct, or any offense involving 1 moral turpitude or for habitual neglect
 of duty, by a vote of two-thirds of all 1 the members elected to the council, 1 except the mayor, to whom three
 fourths vote shall be requisite, the | vote in all cases being taken by yeas
 and nays, and spread upon the minutes. | five days notice and an opportunity of
 being heard in his own defense having
 been previously given the accused,
 with a copy of the charges against him. l Upon the preferring of impeachment 1 charges against any member of the l council or the mayor the accused shall l be placed on trial, which trial shall i begin within thirty days from the mo- 1 tiflcation of said charges as to the party mpeached. Judgment in cases l -l-