The Birmingham age-herald., 1915-10-23

VISIONS or amendments thereto, snail De
 made public. whether by proclamation of any officer or officers of said city by posting. or by publication. one or all, but 1t shall not be necessary unless so prescribed by the governing body for such code or codes. revisions or amend ments thereto, to be published in a newspaper or newspapers Nor shall 1t be necessary that such code or codes. revisions or amendments thereto. be spread at length upon the minutes. The governing body may prescribe that such code or codes, revisions or amendments thereto may be certified by and filed with the city clerk, or other corre- spending officer, in lieu of spreading the same on the minutes; and the gov erning body may prescribe the manner in which copies of such code or codes, revisions or amendments thereto, may be officially certified for use by the in- habitants or by the courts.
 Sec. g. The publication of all ordi- nances. resolutions and notices of such cities may be made and authenticated by the city clerk.
 Section 10. Except as herein otherwise provided, all claims against such cities (except bonds and interest coupons, and claims under. written contracts for the payment of money signed by the city) shall be filed with the city clerk br the city officer corresponding thereto, within one year from the accrual thereof to be by him presented to the governing body of such city or the same shall be barred; and no claim against such cities shall be sued on until ten days after a state ment of same has been filed with the city clerk.
 Sec Il. All payments of money made to any such city or any officer or board thereof under mistake of law or fact upon any irregular or illegal tax assess ~~1i nr raq n
 any assessment for public improvements or for any such purpose whatever, shall only be recoverable if proceedings for such payment was made, and after writ ten claim filed within three months from the time such payment was made. Fro vided this shall not be construed to pro- hibit the governing body of such city from voluntarily paying such claim with in two years from the time such money was so erroneously collected, provided, If in the opinion of the such governing body the city has available funds which are not otherwise necessary to the proper ad- ministration of such city.
 Sec. 12. No suit shall be brought or maintained, nor shall any recovery be had against any such city on claim for personal injury, or for neglect or wrongful injury to personal property un- less within ninety days from the receipt of such injury a sworn statement be filed with the city clerk, or the city officer corresponding thereto by the party in jured, stating substantially the manner in which the injury was received and the day and time and place where the ac- cident occurred. and the damage claimed. and stating with substantial accuracy tue nature and character of the injury re- ceived and the street and house number where the party injured resides
 Sec. IS. No such city shall be liable in .I s..ftr <1 m age to personal property by reason of any act or omission done or omitted in the exercise of its governmental func- tions or failure to exercise such func- tions, provided, however, this provision shall not be construed to prohibit or limit the recovery of damages for personal in- juries arising out of defects in highways as now provided or allowed by law.
 Sec. 15. That such cities shall have full power to condemn for any municipal or public purpose any land or interest there- in by the exercise of the right of eminent domain in the manner now or hereafter provided by the general laws of Ala bama for the condemnation of property for public use; and such condemnation may be had whether the land or interest therein sought to be condemned is already used for public purpose or not. The con- dcmnatoH under this section of any right of way or easement of any street, elec- tric or other railroad shall be subject to the continued use of such rights of way or easements by such railroads in con- junction with the public rights and ease ments so acquired.
 Sec. 16 That no dedication of f.any street. avenue alley or other public way in any such municipality shall be effective as to the part thereof within such city. without the assent of the governing body of such city evidenced by an ordinance .al< ov-xRtx. q body. A copy of such ordinance or reso- lution may be recorded in the office of the probate judge in the county in which the lands are situated with any map or plat showing the subdivision of the lands of any person, firm or corporation who desires to divide his lands into lots
 Sec. +. That in all cases in which it is proposed by any person, firm or corpora tion to vacate or annul, either in whole or in part, any map plat of lands which includes lands in any such city in order to effect the vacation of such map or plat, the assent of the governing body of such municipality must be procured. evidenced by resolution adopted by such governing body, a copy of which certified by the clerk or other corresponding offi- cer of such city must be attached to. filed, and recorded with the written declaration of vacation.
 Sec. IS. Such cities shall have the power to assess any municipal or county prop erty for the costs of street Improvements and sewers, and the costs of such im- provements may be bonded as in the case of private property, where such assess ments are made against county property. the city shall not have power to sell such county property to satisfy the assess ments, but the claim therefor shall be a preferred claim against the general reve-
 nues of the county and may be collected by an action at law in the nature of an action of debt without the necessity of l filing any itemized or verified claim.
 1 Sec. 19. That where such cities shall hereafter pave or repave, improve or re-
 1 improve streets, alleys, avenues or other public ways in such manner as that in
 the opinion of the governing body there
 l of the construction of storm sewers and l the necessary inlets or other appurten- ances, any or all is reasonably necessary
 as part of such improvement. such cit
 1 ties shall have the power to assess the
 entire cost of such storm sewers and ap-
 purtenances as part of the said pave
 ment or improvement in the same man.
 ner and againt the same property as-
 sessed for the improvement of the said
 l highway so paved repaved. improved or
 reimproved, and it shall not be necessary
 | for such cost of such stoHn sewers or
 lappurtenances to be assessed against the
 I area drained thereby: provided however,
 the amount assessed against said abutting
 property as hereinabove authorized shall
 not exceed the increased value of suc1
 I property by reason of the special bene-
 l fits derived from such Improvements.
 | Sec 20. That at any meeting held Tor
 the purpose provided for in section 1864
 of the code of Alabama at which the gov