OF THE UNIVERSITY Of ILLINOIS 35a- 0 ^ 7 (^\ r 87 or /8 85 REMOTE STORAGE BOOKSTACKS OlfcEJGE ' ’ * \ ■! Digitized by the Internet Archive in 2016 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/revisedcodeofordOOtusc | I P R /J V nvppnYfiFH" . * i, n / i; / A REVISED . CODE OF ORDINANCES OF THE CITY OF TUSCALOOSA. TO WHICH ARE PREFIXED THE ACT OF CONGRESS, THE CHARTER OF THE CITY, AMENDMENTS OF THE CHARTER, ARTICLES OF THE STATE CONSTITUTION, ETC. 1 8 8 5 PREPARED . BY WOOD & WOOD, City Attorneys. TUSCALOOSA, ALA. i 1885 . MONT. I. BURTON, PRINTER AND STATIONER. «$■ AIy-^s co-hM •g. 5.Z-V7 <* I TSr'Ur REMOTE STQR>X b i • i v n r n v m u n I? / 1 B00K3T ACKS OFFICE OFFICERS OF THE CITY OF TUSCALOOSA AT THE TIME OF THE ADOPTION -OF THIS CODE. MA Y OR: WILLIAM C. JEMISON. ALDERMEN: First War©, Second Ward, Third Ward, Fourth Ward. Fifth Ward, Sixth Ward, WALTER C. HARRIS. - WARFIELD C. RICHARDSON. GEORGE W. SIMPSON. - William j. barnes. BERNHARD FRIEDMAN. - J. THOMAS GARNER. BOARD OF EDUCATION: WILLIAM C. JEMISON, President, ex officio. FESTUS FITTS, EDWARD N. C. SNOW, HICKMAN P. WALKER, EDWARD S. CHISHOLM, FESTUS FITTS, Secretary. 4 E. RUSH KING, Marshal. WILLIAM A. COCHRANE, - - Tax Assessor. ANDREW P. HOGAN, Tax Collector. ANDREW P. HOGAN, - Secretary". 1 FRANK S. MOODY, - Treasurer. BENJAMIN H. HARDAWAY, - Engineer. 4 WOOD & WOOD, City Attorneys. > L ACT OF CONGRESS GRANTING TO THE CORPORATION OF TUSCALOOSA CER- TAIN LOTS AND PRIVILEGES OVER THE RESER- VATIONS AND COMMONS IN SAID TOWN. Section 1 . Be it enacted by the Senate and House of Representatives of the United States of America , in Congress assembled , That the right and title of the United States to the public streets, and to certain lots in the town of Tuscaloosa, set apart for public uses, and designated in the plan of said town by the name of the “Court Square,” the “Market Square,” the “Jail Lot,” the “Spring,” the “Church,” and the “Burial Ground,” be, and the same is hereby vested in the corporation of said town forever ; and also all the right of the United States to the tract between the lots and the river at Tuscaloosa, called the “River Margin,” and that called the “Pond,” and also of that called the “Common,” on condition, how- ever, that the corporation shall not lease or sell any portion of the last mentioned tracts, but that the same shall be appropriated to the purposes for which they were designated and set apart, as well for the benefit of the inhabitants of said town, as that of those resorting to or visiting the same ; and in case the same or any part thereof be applied to any other purpose, that it revert to the United States. Approved, May 26, 1824. THE CHARTER. AN ACT TO INCORPORATE THE CITY OF TUSCALOOSA. Section 1. Be it enacted by the General Assembly of Alabama , That all that tract of land included within the following boundaries, viz : Begin- ning at the southwest corner of section twenty-two, in township twenty- one, of range ten west, and running east on the southboundary line of said section to the southeast corner, thence north on the east boundary line of said section twenty-two, to the northeast corner of the same, thence north on the east boundary line of fractional section fifteen to the low water line on the north bank of the Black Warrior river, thence west down the river along the low water line of its north bank to the point of intersection of the low water line with the west, boundary line of secs, fifteen and twen- ty-two in township twenty-one of range ten west, and thence down the west boundary line of section twenty-two to the place of beginning, shall be designated and known by the name of the city of Tuscaloosa. Sec. 2. Be it further enacted , That the inhabitants residing within the limits of said city of Tuscaloosa, as in the first section of this act estab- lished, shall be and they are hereby constituted and declared a body corporate and politic, by the name and style of “the Mayor and Aider- men of the city -of Tuscaloosa,” and by their said corporate name and style, may sue and be sued, plead and be impleaded, either at law or in equity, in all the courts of this State. They may purchase, receive and hold personal and real estate, to any value, not exceeding one million of dollars, at any one time; using and disposing of the same for the city of Tuscaloosa only ; and may grant and convey personal and real property, and do all other acts as natural persons ; and said corporation may have and use a corporation seal, which they may alter at pleasure. Sec. 3. Be it f arther enacted, That the Mayor and Aldermen now in office in the city of Tuscaloosa shall, between the second and fourth Mon- clays in November, 1S73, divide and lay off the territory within the cor- porate limits of said city, into wards, containing, as near as may be, an equal number of inhabitants; and that the Mayor and Aldermen to be elected according to the provisions of this act for said city, shall, between the second and fourth Mondays in November of each succeeding year ex- amine said wards; and if, in their opinion, it shall be necessary for more ) > lie \y 1 1 8 CHARTER. equal representation, make such changes in said divisions of wards as circumstances may require, so as not to increase the present number of wards above the present number of six. Sec. 4 * Be it further enacted , That the present Mayor and Aldermen of the city of Tuscaloosa shall cause an election to be holden on the first Monday in November, A. D., 1873, for a Mayor of the city of Tuscaloosa and for one Alderman for each of the six wards of said city. The election to be held at such place or places as said Mayor and Aldermen may de- termine ; and said Mayor and Aldermen so elected, and each subsequent board of Mayor and Aldermen shall, in like manner, cause an election to be holden for Mayor and six Aldermen, each and every succeeding year. Sec. 5. Be it further enacted , That the said Mayor and Aldermen shall give at least ten days notice of said election, by publication in some newspaper published in said city, of the time and place, or places, when and where it will be held ; and the persons appointed by said Mayor and Aldermen as judges thereof, shall open the polls between the hours of nine and ten o’clock in the morning, and close them at 4 o’clock p. m., at such election. Sec. 6. f Be it further enacted , All male persons shall be qualified voters in the election of officers and other elections held in said city, who are qualified by the constitution and laws of the State to vote for members of the State Legislature, and who reside in the corporate limits of said city ; Provided, That any male person so qualified by the laws of the State, may also vote in said election, who does business within said corporate limits and pays city taxes on five hundred dollars’ worth of real estate, located within the said city limits — he voting for aldermen only in the ward in which he may own the greatest amount of real estate in value. Sec. 7. Be it farther enacted , That any elector of said city, who is twenty-one years of age or upwards, shall be eligible to the office of May- or or Alderman or Marshal ; and should the Mayor of said city remove therefrom, or be absent for three months at any one time, without the consent of the Aldermen, his office shall be thereby vacated. And should any Alderman remove from the ward in which he was residing at the time of his election, or be absent therefrom for three months at any one time, without the consent of the Mayor and other Aldermen, his office is thereby vacated. Sec. 8. Be it further enacted , That whenever any vacancy shall occur, either by death, resignation, refusal to accept, removal, or absence as aforesaid, in the office of Mayor or Aldermen, it shall be the duty of the remaining members forthwith to advertise and cause an election to be holden within ten days after such advertisement, to fill any such vacancy. ^Amended, — Acts of Ala., 188:2-83, p. 202: post. + Amended, — -Acts of Ala., 1H74-75, p. 433: post. CHARTER. 9 Se i. 9. e it further enacted. That should two or more competing can- didates for the office of mayor receive an equal number of votes, the aldermen chosen at the same election, shall determine which of said candidates, so receiving an equal vote, shall be mayor ; and should any two or more candidates for aldermen receive an equal number of votes, at any election, the mayor elected at that election shall decide and de- clare which of said candidates so receiving an equal vote shall be aider- man or aldermen, and the mayor and aldermen of said city shall provide, by ordinance, for the decision of any other tie than those aforesaid. Sec. 10. Be it further enacted, That the election of persons declared to be elected mayor and aldermen, or marshal of said city of Tuscaloosa, may be contested by any qualified elector of said city, for any one or more of the following causes : 1st. Malconduct, fraud or corruption on the part of any inspector, judge, clerk, returning officer, or board of super- visors. 2nd. When the person whose election to such office is contest- ed was not eligible thereto, at the time of such election. 3rd. On account of illegal votes. 4th. Any intimidation, threats to discharge from em- ployment, offers to bribe or bribery, violence, abuse, or any other unlaw- ful conduct calculated to prevent a fair, free and full exercise of the elective franchise. Sec. 11. Be it further enacted , That any elector choosing to contest any election for any office mentioned in section 10, of this act, must, within fifteen days after such person is declared duly elected, present a state- ment of the grounds of contest verified by affidavit, as required in section ten, to the judge of probate of the county in which such election was held, who must appoint a day not less than fifteen nor more than twenty days ^rom the time of such presentation for the trial thereof, and endorse the same on such statement ; he must also, at the same time, give security for the costs of such contest, to be approved by such judge, but in no case shall the judge of probate require more than five hundred dollars as security. Sec. 12. Be it farther enacted , That a copy of such statement, with the day of trial endorsed thereon, must be served on the person whose elec- tion is contested, or left at his usual place of residence, at least ten days before the day appointed for trial, by any sheriff or constable, and the original notice returned to the probate judge with the mode of service en- dorsed thereon. Sec. 13. Be it farther enacted , After the notice required has been given either party is entitled to subpoenas to compel the attendance of witness- es on the day fixed for trial, which must be issued on application by the judge of probate, before whom the contest is to be tried ; the same pro- ceedings may be had against defaulting witnesses as in matters litigated in courts of probate, such proceedings being returnable to any regular 10 CHARTER. court of probate held within three months after such proceedings are taken. Sec. 14. Be it further enacted, That testimony may also be taken by deposition in such cases and in like manner as in matters litigated in pro- bate courts. The witnesses and commissioners are entitled to the same compensation as in other cases; and the court may, for good cause, con- tinue the trial to some other day, but no continuance must be over thirty days, and such trial must not. be continued more than twice on the ap- plication of the same party. Sec. 15. Be it further enacted , That the judge of probate has authority to make an examination of the ballots given in such election, on the trial of any contest thereof, so far as the same may be necessary to ar- rive at a correct judgment, and must be governed in the trial and deter- mination of such contest by the rules of law and evidence governing the determination of questions of law and fact in the courts of law in this State, so far as the same are applicable, and after hearing the proofs and allegations, must give judgment, either confirming or annulling such election altogether, or declaring some other person than the one whose election is contested, duly elected. Sec. 16. Be it further enacted , That if it appear that two or more per- sons have received an equal number of legal votes for such office, the trial of said cause must be temporially adjourned, and such result certi- fied to the Mayor and Aldermen elect, who will give the casting vote as provided in section 9 of this act, and the casting vote being given, judg- ement must be rendered, declaring such person to whom such vote is given elected. Sec. 17. Be it f urther enacted. That when the person whose election is contested, is proved to be ineligible to the office, judgment must be ren- dered, declaring the election void as to such person, and the person hav- ing the next highest number of legal votes shall be declared duly elected to the office. Sec. 18. Be it further enacted , That when the election is declared void, or when any other person than the one whose election is contested, is de- clared elected, the party contesting recovers of the person whose election is contested, all costs, for which execution may issue, returnable to any regular term of the court of probate, within three months after its issuance. Sec. 19. Be it further enacted, That in all cases when the contesting party is defeated, the party whose election was contested, recovers of him all costs, for which execution against him and his sureties may issue, re- turnable as in the preceding section. Sec. 20. Be it further enacted, That the Mayor and Aldermen, at the regular meeting, or a called meeting, during the first week of November, of each year, shall appoint three judges, any two of whom may act, and CHARTER. 11 two clerks, whose places, in case of absence, shall be filled by the judges, to hold the annual election for mayor and aldermen of said city ; and shall provide, by ordinance, for the advertising, holding, managing, and making returns for all elections of mayor and aldermen or other officer of said city elected by the people. Sec. 21. *Be it further enacted , That the Mayor and Aldermen before entering on the duties of their office, shall take the following oath before the judge of the probate court, of some justice of the peace of said county, to-wit: “I do solemly swear or affirm (as the case may be) that I will well and truly, and to the best of my knowledge and ability, execute and discharge the duties of mayor (for the mayor) and of aldermen (for the aldermen) of the city of Tuscaloosa, as prescribed by this act, without favor, affection or partiality, so help me God.” Sec. 22. Be it further enacted. That when the Mayor, or either of the Alflfermen of said city, shall be absent as aforesaid, with or without the consent of the remaining members of the board for a less time than that which renders either of their offices vacant as aforesaid, or when any vacancy shall occur in either of said offices, by death, resignation, re- fusal to accept, removal, absence as aforesaid, or in any other manner, those of said board at home and in office, shall make a temporary ap- pointment, should they deem it necessary, of some competent person to act until the return of said absentee, or till the vacancy shall be filled by election. Sec. 23. Be it farther enacted , That said Mayor and Aldermen shall have regular stated monthly meetings, fixed by law by them to be or- dained, and they, or a majority of them, shall have power to adjourn their meetings from time to time. Sec. 24. Be it f urther enacted , That the Mayor may at any time call a meeting of the Aldermen for the transaction of any and all business, by written notice, designating the time and place of meeting, and on appli- cation of any two aldermen, the mayor shall call a meeting in like manner. Sec. 25. Be it further enacted , That they may have a secretary, and they shall keep a journal of their proceedings, and record their official acts and doings, and the yeas and nays on any question or subject shall be taken and recorded at the request of any member of the board. The de- liberations of the mayor and aldermen shall always be open to the public. Sec. 26. it farther enacted , That there shall be elected by the quali- fied electors of said city at the time and place of electing the mayor and aldermen, a marshal for the city, whose term of service shall be the *See Articles V., Cons, of Ala., and Acts of Ala., 1875-76, p. + Amended, — Acts of Ala., 1874-75, p. 433: post. : post. 12 CHARTER. same with that of mayor and aldermen unless he is removed, dies, re- signs, or otherwise vacates his office. Sec. 27. *B e it further enacted, That the Mayor and Aldermen, by a vote of two-thirds, may at any time remove from office the marshal of said city, and supply his place at once by a temporary appointment. Sec. 28. Be it further enacted, That if at any time the marshal of said city shall die, resign, remove from said city, or be removed from office, then the mayor and aldermen shall order an election to fill the vacancy, and give ten days notice of the time and place of said election. In all elections for marshal the same rules shall be observed and laws given, as near as may be, as provided for in the election for mayor and aldermen. Sec. 29. Be it further enacted , That the mayor and aldermen shall elect each year, in December, an assessor and collector of taxes for said city, who shall hold his office for one year, unless sooner removed, for cause,, by the board of mayor and aldermen. Sec. 80. Be it f urther enacted , That the two offices of assessor and col- lector may be held by the same person. The said assessor and collector shall assess and collect the taxes for said city of Tuscaloosa under such rules, regulations and by-laws as may be ordained by said mayor and aldermen, and is subject to removal from office for any misdemeanor or malfeasance therein, or neglect to discharge the duties of said office of assessor, or of collector, to be judged of and determined after notice to said assessor or tax collector, but removal cannot be made unless by vote of two-thirds of said board of mayor and aldermen. Sec. 31. Be it further enacted, That all vacancies in said office of asses- sor or collector shall be tilled by the mayor and aldermen. Sec. 32. Be it further enacted, That the mayor and aldermen shall ap- point such other officers as they deem necessary for the protection and good government of the corporation, and allow them, respectively, such compensation for their services as may be deemed reasonable and just, such officers so appointed may be removed from office at any time by the board. Sec. 33. Be it further enacted, That the mayor of the city of Tuscaloosa shall have, and may exercise, all powers of a justice of the peace or no- tary public within the county of Tuscaloosa. Sec. 34. Be it further enacted, That the mayor and aldermen of the city of Tuscaloosa shall have power to levy and collect annually a tax on real estate and personal property, within the corporate limits of said city, not to exceed in amount one per cent on the value thereof. Sec. 35. Be it further enacted, That the tax on real and personal prop- erty be laid in proportion to the value thereof, according to an assess- *Amended, — Acts of Ala., 1874-75, p. 433 : post. CHARTER. 13 ment and valuation given by the owner or his or her agent on oath, or by the assessor of the city of Tuscaloosa, when said owner fails or neglects or refuses to give in the value of his property. The mayor and aldermen shall determine the amount of tax for each and every year. Sec. 36. Be it further enacted That if any person think his or her property assessed too high, he or she. shall have a right to complain to the mayor and aldermen, which complaint shall be made within thirty days from the date of said assessment ; and upon complaint being made, the said mayor and aldermen shall consider the same, and if, in their judgment, said assessment is too high, shall reduce the same, and their decision on this subject shall be final and conclusive. Sec. 37. Be it further enacted , That said mayor and aldermen may levy and collect a poll tax, annually, in said city, not exceeding the State poll tax. Sec. 38. Be it further enacted, That the mayor and aldermen of said city shall appoint an overseer or overseers of streets, highways and pub- lic landings of said city, and shall require and regulate the working on the same, not exceeding ten days in each year. Sec. 39. Be it further enacted, That the mayor and aldermen may ex, empt, at their discretion, from working the streets and highways, all persons living within the corporation liable by law to work on roads and highways, and require of such persons to pay an additional poll tax, not exceeding five dollars a poll on each one liable to work, by law, and they are authorized to levy and collect such additional poll tax annually, and it shall be assessed by the same officer and at the time and place of the general assessment of said city. Sec. 40. Be it further enacted. That the mayor and aldermen shall have power to levy and collect taxes on the sales of goods, wares and mer- chandise, and on money hoarded, which tax shall be assessed at the same time and place as assessment of real estate. Provided, That no tax shall be Laid on the sale of cotton as merchandise. Sec. 41. Be it further enacted, That the mayor and Aldermen shall have power to levy and collect-taxes on all auction and commission sales of goods, wares or merchandise, and to require monthly returns of the said sales. Sec. 42. Be it f urther enacted, That all the taxes levied by the mayor and aldermen of said city, and assessed as provided by this act and the ordinances of the board of mayor and aldermen, shall have the force and effect of a judgment at law against the individual so assessed, and against the real estate assessed to all “owners unknown,” and the lien of said judgment shall be of the same force and effect as if it had been recovered 14 CHARTER. in the circuit court of the county of Tuscaloosa. Provided , That no prop- erty shall he exempt from sale to pay said taxes so assessed in said city. Sec. 43. Be it further evaded, That within sixty days after the assessor shall have completed the lists of the assessments and valuations, and the same shall be, if necessary, corrected by the mayor and aldermen, to be judged of by them, the mayor shall issue his warrant annexed to the tax list, to the collector of the corporation tax, which shall be his authority •to collect the same. Provided , That each person liable to pay the tax on sales at auction and on commission, shall, on the first day of each month, give in under oath, the gross amount of sales of each preceding month, to the tax assessor, and tax collector shall collect the amount of tax so laid by the mayor and aldermen upon such sales. The failure or refusal of any person to make said return, each and every month, is a misde- meanor, for the punishment of which, the mayor and aldermen shall provide, with such penalties as they may deem proper. SeO. 44. Be it f arther enacted , That it shall be the duty of the tax col- lector to give thirty days notice in some newspaper published in said city, that the city taxes for the year, (or the particular tax as the case may be) are required to be paid to him on or before a certain day specified ; and if the same shall not be paid, to levy on the personal estate of the indi- vidual or corporation assessed, and to sell the same, or so much thereof, as shall be sufficient to pay the tax assessed, and two dollars as costs ^ one to the tax collector for the levy and sale, and one for advertising said sale in some newspaper published in said city, giving the day and place thereof, at least five days prior thereto. Sec. 45. Be it further enacted , That if any real estate be assessed either to persons known or unknown owners, and the taxes or dues assessed thereon shall remain unpaid for sixty days from the time when the said taxes or dues are required to be paid, then the tax collector shall give notice by advertisement in some newspaper published in the city of Tus- caloosa, for four weeks, which notice shall describe the lot or lots, or part or parts of the same, by number, on which said tax was levied, and give the name of the person to whom assessed, or state that the owner is un- known, and also the amount of tax assessed, and what amount is due and unpaid on said property, and for what year or years it is due, and shall also state that the tax collector will, on a certain day, at some place within said county, proceed to sell each of said lots upon which the taxes and dues shall not be paid, or so much thereof as shall be sufficient to pay the same on the appointed day, and on such day, (unless the tax collector for good cause shall adjourn the sale to some other day, not longer than ten days from the time appointed,) and then on that day CHARTER. 15 shall proceed to sell any of said lot or lots on which the taxes over-due still remain unpaid, or so much thereof as will be sufficient to satisfy the taxes assessed, and two dollars as a fee for advertising and making a deed to the purchaser at said sale. Sec. 46. Be it further evaded, That the tax collector shall give the pur- chaser, at tax sale, a deed in substance as follows : Know all men by these presents, that I, ,as tax collector of the city of Tuscaloosa, do hereby certify, that the city taxes for the year 18 , (or the particular tax as the case may be) being due and unpaid on a lot of land in said city ^ numbered in the plan thereof as lot number , (or the east, or west part of lot number , as the case may be,) assessed for taxes as the property of —(or to owner unknown,) I have this day sold the same (or such part as he may sell) to , who has paid the taxes and dues thereon, amounting to dollars, including fee of two dollars for ad- vertising sale and making this deed, and for and in consideration of the premises, and the said sum of dollars, to me paid, the receipt of which I hereby acknowledge, I do bargain, sell and convey, as tax col- lector, and by these presents have bargained, sold and conveyed to the said , the purchaser, the lot above described, together with all its appurtenances ; to have and to hold the same unto him and his heirs and assigns forever, unless within two years from the date thereof the owner, or some person interested in said lot, or his agent or attorney, shall redeem the same. In witness whereof, I have hereunto set my hand and the seal of the said corporation, this, the day of 18 — , and to this deed the mayor shall affix the seal of the city of Tuscaloosa. Sec. 47. Be it further enacted , That the mayor shall cause the secretary of the corporation, or such other person as maybe charged with the duty, to record each of said deeds in a well bound book to be kept for the pur- pose before he shall permit the seal of the city to be affixed. The fee for such recording shall be fifty cents, to be paid to the officer doing the same, and endorsed on the deed. Sec. 48. Be it further enacted , That the purchaser of any lot of land sit- uate in the city of Tuscaloosa, and sold at any tax sale by the city tax collector, is required to have such deed acknowledged and recorded in the office of the probate judge of said county, in six months after the making thereof. Sec. 49. Be it f urther enacted , That in any suit or action in law or equity , in this state, concerning the title or the possession of any lot of land situate in said city of Tuscaloosa, sold at any* tax sale by the tax collector of said city, the deed made to the purchaser of said lot, in substantial compliance with the requisitions of Sections 45 and 46 and 47 of this act, shall be, by said court having jurisdiction of the cause, received as prima 16 CHARTER. facie evidence of a good and sufficient title, in law or equity, to the lot or lots of land conveyed in said deed, to the purchaser, or claimants, under him. Sec. 50. Be it further enacted , That any lots of lands or real estate which have been or may be sold for taxes in the city of Tuscaloosa, may be re- deemed within two years from the day of sale, by any person interested therein, who will deposit with the city treasurer, for the use of the pur- chaser, the amount of the purchase money, including all costs of adver- tising, selling, making deed, and recording the same by secretary of the board and probate judge, with twenty per cent, per annum interest, to- gether with all taxes that may be due to the city on said property, and upon such deposit, if made within two years from the day of sale, the title created by the sale and deed to purchaser hereinbefore provided shall cease and determine. Sec. 51. Be it further enacted, That when the deposit mentioned in sec- tion 49 is made, the secretary of the board shall give the party making it a certificate thereof, to which the seal of the corporation shall be attach- ed, for which said secretary shall receive a fee of one dollar; and upon granting said certificate, the purchaser at the tax sale, and claimants under him, shall relinquish possession; and if, after demand, any per- son shall fail or refuse to give up possession, they shall be considered unlawful detainers of said property, and shall be liable as such, in any assessment, action or suit therefor at the instance of any one entitled to the possession of said lot of land. Sec. 52. Be it further enacted , That the secretary of the board shall, so soon as said deposit is made, notify the purchaser, and pay over to him the purchase money, and all other expenses about said sale and record- ing said deed, with the twenty per cent, interest thereon, and take his receipt therefor. Sec. 53. *Be it further enacted , That the corporation authorities shall have power to assess and collect a tax on any and all public shows, con- certs, exhibitions, theatrical entertainments, menageries, circuses, and on any other public amusement, and the amount of taxes provided for by this section shall be fixed by the mayor and aldermen, and may be collected by license, or in such other mode as may be deemed best ; Pro- vided, That no tax shall be laid on any concert, exhibition, lecture, the- atrical entertainment, or other public amusement which is solely for a charitable purpose. Sec. 54. Be it further enacted , That the mayor of said city is a conserv- ator of the peace within the corporate limits thereof, and it is his right *Amended Acts of Ala., 1884-85, p. 3;2;2: post. CHARTER. 17 and duty to suppress all affrays, riots, unlawful assemblies, and insurrec- tions, all lewd, indecent, profane, boisterous, riotous, or disorderly con- duct, in any public place therein : to do which, he may summon to his aid as many of the male inhabitants residing in the corporation as he may think proper. He has full power to punish for contempt, under the same rules and regulations as are prescribed by the Kevised Code of Alabama, in reference to the punishment for contempt by justices of the peace. He has full power to try all offences against the ordinances and by-laws of the corporation, without regard to the amount of the fine or forfeiture, and to punish the offender both by fine and imprisonment, in the manner prescribed by said ordinance. Sec. 55. *Be it further enacted , That the mayor and aldermen shall have power to suppress houses of ill fame, to restrain, prohibit and punish every species of vice and immorality, all disorderly conduct, affrays, as- saults and batteries, and all other breaches of the peace within their cor- porate limits ; to.license, restrain and regulate billiard tables, ten pin alleys, pool tables, and all other tables and games of like kind, and to cancel and annul such ; and all other licenses granted by said corpora- tion ; to restrain and prohibit racing and cock-fighting, and prohibiting gaming of any description within the corporate limits, and in general to suppress, restrain, prohibit, and punish all acts, assemblages, or things within said corporate limbs, injurious to the public health, or morals, or endangering the peace and good order of said city. Sec. 46. Be it further enacted, That the mayor and aldermen shall have full power to declare nuisances, and to suppress, abate and remove them when so declared ; to establish night watches, patrols and guards; to erect lamps ; to compel the owners of houses and lots on the streets or squares of said city to pave with stone or brick the sidewalks opposite their lots, and to plant shade trees along the sidewalks in front thereof, and to protect by adequate penalties shade and ornamental trees in said city. Sec. 57. it further enacted, That said mayor and aldermen shall have power to license, restrain, and prohibit the retailing of spirituous, vinous, and malt liquors within said city ; Provided, Such persons as thev % may see fit. to license, shall have first obtained a license from the county court and they may provide for annulling said license on complaint and proof of the abuse thereof. Sec. 58. Be it further enacted, That said mayor and aldermen shall have power to establish and regulate markets and market-houses, to rent stalls, and prevent the sale of meat, fish, poultry and game, or other ar~ *Amended, Acts of Ala., 1884-85, p. 3 '22: post. 18 CHARTER. tides usually sold in market-houses, except at the public market place during such hours as may be fixed for market hours, and to prevent and punish free stalling. Sec. 59. Be it further enacted , That said corporate authorities shall have power to repair streets, drains, and landings, and to pass laws for keep - ing them in repair ; also to widen, change, or make of uniform width, any streets now open, and to open new streets in said city ; and to remove and prohibit encroachments on streets now opened, and the statute of limitations shall not prevail in any plea of adverse possession, when en- croachments have or may hereafter be made. Sec. 60. Be it further enacted. That in opening of any new street, or changing any street now open as laid down in the plan of said city, the said mayor and aldermen shall be controlled and governed by sections 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1811, 1712, and 1713, of part 2, title 2, chapter 2, of the Revised Code of Alabama, so far as they can be made applicable to such cases ; and the said mayor and aldermen shall be entitled for said city to all the rights and privileges, granted in said sections to private corporations. Sec. 61. Be it further enacted , That said mayor and aldermen shall have power to establish and regulate fire wards and fire companies, and to re- quire owners of houses to keep ladders and fire buckets, to provide by ordinance or by law for the extinguishment of fire, pulling down houses, buildings and fences, to stop the progress of the same. Sec. 62. Be it further enacted , That said mayor and aldermen shall have power to provide said city with a full supply of water, and for this pur- pose may dig wells and cisterns, build aqueducts, or erect and construct water w r orks, or by such other means as they may deem best, so as to promote the health, cleanliness and safety of said city, and to preserve the houses and property of the inhabitants from destruction by fire. Sec. 63. Be it further enacted:, That said mayor and aldermen shall have power and authority to establish and erect gas works, for lighting said city with gas, and for this purpose, and also for the purpose of erecting and constructing water works, may contract for, hold, use and take the right of way, over, through, or upon any lands necessary, and if said cor- porate authorities cannot agree with the owners of said lands, as to their purchase, then said corporate authorities shall be entitled to all the bene- fits, rights and power of “an act to prescribe the mode of taking private property for railroads, or other purposes for public use, approved Febru- ary 1st, 1870,” or if said corporate authorities deem it advisable, they shall have power and authority to contract with any person or association of persons, or corporation, to light said city with gas, and supply said city with water. They shall also have full power to regulate all matters con- CHARTER. 19 nected with said gas works and water works, by them established, and to fix the price at which gas and water shall be supplied to the inhabitants. Sec. 64. Be it further enacted , That said mayor and aldermen shall have power to establish certain limits in said city, known as “fire limits,” and to prohibit and prevent the erection or construction therein of all kinds of wooden or other building or structures, except those erected or built of stone, brick, or safe and fire proof building materials, and the same shall be covered with slate, or metal or other fire proof roofing material ; and shall have power to fix and prescribe such fines and penalties as they may deem proper to carry into effect the power conferred in this section, and to collect the same as other fines and penalties. Sec. 65. Be it f arther enacted , That the mayor and aldermen shall have power to remove all unsafe buildings, dangerous to the persons or prop- erty of the citizens, and also all wooden buildings liable to endanger the property of others by fire, from that portion of the city known as “fire limits,” and in which wooden and unsafe buildings are forbidden to be erected, when in their judgment they deem it best for the interests of said city ; Provided , just and reasonable compensation is made the owner of said building for all actual damages he may sustain. Sec. 66. Be it farther enacted , That the mayor and aldermen shall have power to regulate, restrain, and prohibit the storage of cotton, powder, gun cotton, kerosene oil, and all explosive oils, nitro-glycerine, shucks, and hay, or any other combustible article, in greater quantity than is necessary for the retail trade, within certain limits in said city, to be by them fixed by ordinance, and the fine for a violation of said ordinance shall be fifty dollars. Sec. 67. *Be it further enacted , That the mayor and aldermen shall have power to license and regulate pawnbrokers, auctioneers, commission merchants, eating houses, restaurants, livery and sale stables, billiard rooms and tables ; also to license and regulate hacks, carriages, wagons, drays, carts and horses running for hire, within the corporate limits ; also to license lager beer saloons, lotteries, raffles and theatres; and also to license bakers, and regulate the weight and price of bread. Sec. 68. Be it further enacted , That the mayor and aldermen shall have power to cause all vagrants, idle, disorderly, or dangerous and suspicious persons, all persons of evil life or ill fame, and all such as have no visible means of support, or are likely to become ehargable to the city as pau- pers, or are found begging, or drunk in or about the streets or about tip- pling houses, and who have no visible or honest employment or business in the city, all who have no fixed place of residence or cannot give a * Amended Acts of Ala., 1884-85, p. 3 ’2'2: post. 20 CHARTER. good account of themselves, all who are grossly indecent in language or behavior, publicly, and all prostitutes who lead a notoriously lewd or las- civious course of life, to give bond and good security for their good beha- vior for a reasonable time, and in case of their inability or refusal to give such security, to cause them to be punished by fine, imprisonment, or hard labor for the city, for a term to be fixed by ordinance of said board of mayor and aldermen. Sec. 69. Be it further enacted , That said mayor and aldermen shall have power to regulate, restrain and license transient merchants, dealers, peddlers or venders of patent medicines, paints, soaps, and other articles of merchandise, and such persons shall, in all ca«es, pay for said license before offering to sell or vend any of their goods, wares or merchandise within said city, to the tax collector thereof, who will issue said license. They have also authority to revoke and cancel all of said licenses for cause. Sec. 70. Be it further enacted, That said mayor and aldermen shall have full authority and control over any graveyard, or burial ground, used by said city ; to regulate, improve, and enlarge the same by pur- chase or otherwise, to regulate interments therein, and appoint a sexton therefor. Sec. 71. Be it further enacted, That the mayor and aldermen of said city of Tuscaloosa, and other officers thereof, shall remain in office, un- less removed, until the next annual election for mayor and aldermen, and until their successors are qualified ; but the board may at any time repeal, alter, or amend the ordinances creating or .employing said offi- cers, or regulating their duties, or compensation, and may fill all vacan- cies ; the mayor and aldermen may require any or all of their officers to give bond, with good security, to be approved by the board, before en- tering upon the discharge of their duties ; the conditions of said bond shall be, to faithfully discharge all the duties of their respective offices ; suit may be instituted and recovery had on said bonds before any court having jurisdiction, in the name of the mayor and aldermen, for the use of said city, or the person injured by any breach of the conditions of said bond, and said bond shall remain good for any future breaches of its conditions ; the mayor and aldermen may provide summary remedies, by motion or otherwise, before the mayor, against the officers of the corporation and their sureties, for any official default or neglect. Sec. 72. *Be it further enacted , That hereafter, in all cases of default in the payment or securing the payment of any fine or forfeiture assess- ed against any person, and judgment rendered by any authority of the city of Tuscaloosa, or by notice of any by-law or ordinance of said city, * Amended, Acts of Ala., 1884-85, p. 322: post. CHARTER. ' 21 the mayor, or other officer presiding, shall have the right and power to require the party thus being in default, to labor on the public streets, or such other works of said city as the mayor or other officer presiding may direct, for a time not exceeding sixty days, at the discretion of the may- or or officer presiding at such trial, or the party may be committed to the guard-house or county jail of the county for a period not exceeding sixty (60) days. Sec. 73. Be it further enacted , That the mayor of said city has authority and power to issue his warrant or summons for the recovery of all fines, forfeitures, assessments and other causes of action accruing under this act, or under the by-laws or ordinances of said corporation, either in the breach or for the non-compliance therewith, and to render judgment and issue executions thereon, and the marshal of the corporation, or other officer to be appointed by the mayor and aldermen, is hereby au- thorized to execute, within said corporation, all process directed to him from said mayor or mayor and aldermen. Sec. 74. Beit further enacted , That the marshal of said corporation, in addition to other powers, has full authority to execute all the lawful or- dinances, resolutions, by-laws, and orders of the corporate authorities, within their jurisdiction, and must, without warrant, arrest all offenders breaking the peace, or violating any ordinance of the city, and bring them before the mayor, and in order to the execution of his power and duties, he may summon to his aid as many of the male inhabitants resid- ing in the corporation as may be necessary. He shall also have, within the corporate limits of said city, and within one mile thereof, all the au- thority and power to execute process, serve writs and subpoenas, and collect executions issued by any lawful officer of said county, as any constable of the county of Tuscaloosa. Sec. 75. Be it further enacted , That the mayor and aldermen shall have power to erect public scale-houses with proper scales, weights and measures, and to appoint weighers and measurers to weigh coal, iron, hay, fodder and corn, and to measure wood and other articles sold to the public. Sec. 76. Be it farther enacted , That the city clerk or secretary, or officer performing the duties of clerk, shall be required to keep a register, in which all persons legally qualified to vote in said city shall be required to have their names registered before they shall be allowed to vote at any election, or for any officer of said city. The said register is to be open forty days previous to any election and closed three days before the polls are opened for such an election. The qualifications for registration and voting shall be regulated by the following conditions : Upon the ap- plication of any person entitled to vote by the charter of said city, as 22 CHARTER. aforesaid, within the time prescribed for the register to be kept open, giving name, age, business or profession of such applicant for registra- tion, and giving the ward in which he resides, and the time of his resi- dence in this State, city and ward. It shall be the duty of said clerk or registering officer to register the said applicant, if a qualified voter, which may be proved by the oath of the applicant, administered by the person registering. Sec. 77. Be it further enacted, That the mayor and aldermen shall, by ordinance, provide for the punishment of all illegal voting at any elec- tion held in said corporation, and the fine therefor shall not be less than twenty-five dollars. Sec. 78. Be it further enacted, That all acts and parts of acts contra- vening the provisions of this act, and especially “an act to incorporate the city of Tuscaloosa, approved January 9, 1836,” and “an act to amend the charter of the city of Tuscaloosa, approved February 8, 1843,” and “an act to confer certain powers on the mayor of the city of Tuscaloosa, approved 14th February, 1843,” and “an act to amend the charter of the city of Tuscaloosa, approved 19th January, 1854,” and the 12th sec- tion of “an act to provide for the registration of electors, session acts 1868, page 205, approved October 5, 1868 so far as it applies to the city of Tuscaloosa, be and the same are hereby repealed ; Provided , however , And it is expressly hereby declared that all rights, privileges and immu- nities, heretofore and now possessed by the mayor and aldermen of the city of Tuscaloosa of their official capacity, whether in property real, personal, or mixed, or any other kind or description whatsoever, shall remain in the present mayor and aldermen of the city of Tuscaloosa, and their successors in office, for the benefit of the inhabitants thereof, and all officers of the city now in office shall . remain therein, subject to the provisions of this charter, until the next election provided for herein ; and if there should be any office vacant, or any new office created by this charter, then said board of mayor and aldermen shall at once ap- point some one to said office who is eligible under this charter, and all suits or actions now commenced' or pending, either in behalf of the may- or and aldermen or against them, shall be prosecuted and proceeded with to a final decision, in the same manner as if this act had never passed, and all the by-laws and ordinances now in force, not inconsis- tent with this act, as adopted and passed hy the mayor and aldermen of said city, shall be and remain in force until altered or repealed. Sec. 79. *Be it further enacted , That said mayor and aldermen shall have power and authority to issue bonds of said city of Tuscaloosa, not to exceed forty thousand dollars, of which not more than twenty thou- *Amended, Acts of Ala., 1882-83, p. 554 ; post. CHARTER. 23 sand shall be used for erecting and constructing water works for said city, and not more than twenty thousand for erecting and constructing gas works for said city, said bonds to bear interest at a rate not exceed- ing ten per cent., with coupons attached, payable to hearer annually at the city treasury, and to be receivable for city taxes from the holder or any transferee. In the event that any of said bonds shall bear ten per cent, interest, they shall not be sold or disposed of for less than their par value. Sec. 80. Be it further enacted , That said bonds may be issued in sums of one hundred dollars, or any multiple thereof not greater than one thou- sand dollars. They shall he signed by the mayor and countersigned by the secretary of said city, and have the county seal attached to each. The coupons shall be signed and numbered by the city secretary, who shall keep a correct account of all bonds issued and disposed of under this act. Said bonds shall be made payable at such times as the mayor and aldermen may agree on, not exceeding thirty years from their issu- ance ; may be transferred by delivery as negotiable paper, and shall be redeemable at the city treasury on maturity. Sec. 81. Be it further enacted , That said bonds shall be exempt from the tax required by law on seals, and from all State and county taxes for the period of twelve months after they mature or fall due, but no longer. Approved, March 12, 1373. Acts of Ala., 1872-73, p. 377. 24 AMENDMENTS OF CHARTER. AMENDMENTS OF CHARTER. An Act to amend an Act entitled “An Act to incorporate the City of Tuscaloosa,” approved March 12, 1873. Section 1. Be it enacted by the General Assembly of Alabama, That section 6 of an act entitled “an act to incorporate the city of Tuscaloosa,” ap- proved March 12, 1873, which reads as follows, to-wit : “Sec. 6. Beit further enacted, All male persons shall be qualified voters in the election of officers, and other elections held in said city, who are qualified by the constitution and laws of the State to vote for members of the State legislature, and who reside in the corporate limits of said city ; Provided, That any male person so qualified by the laws of the State, may also vote in said election, who does business within said corporate limits and pays city taxes on five hundred dollars worth of real estate located with- in the city limits, he voting for alderman only in the ward in which he may own the greatest amount of real estate in value,” be and the same is hereby amended so as to read as follows : Sec. 6. Be it further enacted, That the following persons, and none others, shall be qualified voters in all elections held in, and for, said t it v , to-wit : Those male citizens quali- fied by law to vote in State elections who shall have resided within the corporate limits of said city, Bonu fide, for sixty days prior to any such election ; Provided, That any male person so qualified by the laws of the State may vote in such election who owns, in his own right, or that of his wife, three hundred dollars. worth of property, located within said city limits, upon which he pays municipal taxes. In ail elections each qualified voter may vote for one person, or candidate, for alderman, in each and every ward, as well as for mayor, and other elective municipal officers. And this amendment shall go into effect immediately. Sec. 2. Be it f urther enacted, That sections 2d and 27 of said charter of the city of Tuscaloosa, which reads as follows: “Sec. 20. Be it further enacted, That there shall be elected by the qualified electors of said city, at the time and place of electing the mayor and aldermen, a marshal for said city, whose term of service 6hall be the same with that of mayor and aldermen, unless he is removed, dies, resigns, or otherwise vacates his office. Sec. 27. Be it further enacted, That the mayor and aldermen, by a vote of two-thirds, may at any time remove from office the marshal of said city, and supply his place at once by a temporary appointment,” be AMENDMENTS OF CHARTER. 25 and the said sections 26 and 27 are hereby repealed ; and said sections shall respectively be amended so as to read as follows, to-wit : Sec. 26. Be it further enacted, That the board of mayor and aldermen are em- powered to elect a marshal for said city, whose term of service shall be the same with that of the mayor and aldermen, unless he is removed, re- signs, or otherwise vacates his office. Sec. 27. Be it further enacted, That the mayor and aldermen, by a vote of two-thirds, may at any time re- move from office the city marshal, and appoint another to fill the vacancy created by such removal. Sec. 3. Be it further enacted , That all laws or parts of laws, and es- pecially of said charter of the city of Tuscaloosa, in conflict with the pro- visions of this act, be and the same are hereby repealed. Approved December 5, 1874. Acts of Ala., 1874-75, p. 433. ■ An Act to amend the Act “To incorporate the City of Tuscaloosa” by the addition of sections in reference to slaughter-houses ; — Approved March 12th, 1873. Section 1. Be it enacted by the General Assembly of Alabama, That an act entitled An act to incorporate the city of Tuscaloosa, approved March 12, 1873, be amended by the addition of the following sections, to be num- bered sections eighty-two and eighty-three, as follows: Sec. 82. Be it further enacted, That from and after the first day of April, 1876, it shall be unlawful for any person to keep or establish any slaughter-house or other establishment for carrying on the butchering business, within the corporate limits of said city; Provided, That the board of mayor and aldermen, by unanimous vote of the mayor and every alderman then in office in said city, may authorize the keeping or estab- lishing of a slaughter-house within said corporate limits, subject to such conditions and restrictions as said board may deem necessary for the pro- tection of the health and comfort of the citizens of said city, or of any portion of them ; and any one violating the provisions of this section shall be fined, upon conviction before the mayor, not less than fifty nor more than one hundred dollars for every violation hereof ; and it shall not be lawful for said mayor to remit any portion of said fine. Sec. 83. Be it further enacted, That when any person shall have been authorized and allowed, as provided for in section eighty-two, to keep or establish a slaughter-house within the corporate limits of said city, and the same shall have become a nuisance, or prejudicial to the health or comfort of the citizens thereof, or any portion of them, it shall be the 26 AMENDMENTS OF CHARTER. duty of the mayor and aldermen to cause an inspection to be made at once of the premises and slaughter-house, by a committee appointed by said body, who shall take with them some physicians of high standing in said city, whose opinion shall be taken and certified by the chairman of said committee to the board of mayor and aldermen. And thereupon it shall be the duty of said board of mayor and aldermen to hear and de- termine said complaint; and unless two-thirds of said board shall decide adversely to said complaint, the said slaughter-house shall be abated and discontinued as a nuisance ; Provided , That upon the filing of any com- plaint as herein provided, it shall be the duty of the mayor to cause the use of said slaughter-house or place to be discontinued until such time as said complaint shall be heard and determined by said board of mayor and aldermen. Approved March 1, 1876. Acts of Ala., 1875-76, p. 312. To authorize the Mayor and Aldermen of the city of Tuscaloosa, Alabama, to license auctioneers. Section 1. Be it enucted by the General Assembly of Alabama , That the mayor and aldermen of the city of Tuscaloosa, Alabama, be, and they are, hereby authorized and empowered to levy and collect a license tax upon auctioneers, within the corporate limits of said city, and to regulate the same by ordinapce, any law to the contrary notwithstanding; Provid- ed , That nothing herein contained shall authorize a tax or license to be levied upon sales under judicial proceedings, or by executors, adminis- trators, guardians, or under deed of trust or mortgage for the security or payment of debts. Approved December 6, 1880. Acts of Ala., 1880-81, p. 323. An Act to amend section four of an act “To incorporate the City of Tuscaloosa,” approved March 12th, 1873. ■ Section 1. Be it enacted by the General Assembly of Alabama , That sec- tion four of an act entitled “An Act to incorporate the city of Tuscaloosa,” approved March 12th, 1873, be, and the same is hereby amended to read as follows : Sec. 4. Be it further enacted , That there shall be held biennially with- in the city of Tuscaloosa, beginning on the first Monday in December, 1882, an election for mayor of the city of Tuscaloosa, and for one alder- AMENDMENTS OF CHARTER. 27 man for each of the six wards of said city. Said election to be held at such place or places in said city as the mayor and aldermen may deter- mine ; and said mayor and aldermen so elected, and each subsequent board of mayor and aldermen of said city, shall in like manner cause an election to be holden for a mayor and six aldermen of said city, every two years thereafter. Sec. 2. Be it f arther enacted , That said section four of said act, as it now stands, be, and the same is hereby repealed. Sec. 3. Be it further enacted , That this act shall take effect and go into operation from and after the date of its approval. Approved November 28, 1882. Acts of Ala., 1882-83, p. 202. An Act to amend section 79 of an Act entitled “An Act to incorporate the City of Tuscaloosa,” approved March 12th, 1873. Section 1. Be it enacted by the General Assembly of Alabama, That sec- tion 79 of an act entitled “An act to incorporate the city of Tuscaloosa,” approved March 12th, 1373, be amended to read as follows : Sec. 79. Be it further enacted , That said mayor and aldermen shall have power and authority to issue bonds of said city of Tuscalooosa, not to ex- ceed fifty thousand dollars ; of which not more than twenty thousand shall be used for erecting and constructing water works for said city, and not more than thirty thousand for the purpose of repairing and prevent- ing the further encroachments of the gullies and water drains of said city upon the streets and real property of the inhabitants of said city, and for grading and repairing and opening the streets and public parks of said city, and to preserve the property of the city and of the inhabitants thereof : Such bonds to bear interest at a rate not exceeding eight per cent, with coupons and to be receivable for city taxes from the holder or any transferee thereof. Approved February 23, 1883. Acts of Ala., 1882-83, p. 554. An act to amend “An act to incorporate the City of Tuscaloosa,” approved March 12th, 1873. Section 1. Be it enacted by the General Assembly of Alabama , That the act entitled an act to incorporate the city of Tuscaloosa, approved March 12th, 1873, be amended by adding the following sections thereto: Sec. 84. Be it further enacted , That the mayor and aldermen of the city 28 AMENDMENTS OF CHARTER. of Tuscaloosa shall have power and authority to license, restrain and pro- hibit the selling or retailing of spirituous, vinous or malt liquors .within the corporate limits of said city, and to provide for annulling and revok- ing such license on good cause being shown ; to prevent the selling or giv- ing away of spirituous, vinous, or malt liquors whenever they shall deem it expedient, and for such time as they may deem it necessary ;to license and regulate hawkers and street vendors of every description, and for good cause to annul such license; to license, restrain, and regulate thea- trical and other exhibitions, shows, concerts, menageries, circuses and any other public amusement ; Provided , That no license be laid on any concert or other exhibition, or other public ami^ement, which is solely for a charitable purpose ; to license and regulate livery and sale stables ; to license and regulate hacks, carriages, buggies, carts, drays and all other vehicles running for hire within the corporate limits; to license, » regulate, and restrain transient merchants or dealers and vendors of pat- ent medicines, paints, soaps, and other articles of merchandise, and to revoke and cancel said license for cause ; to license and regulate’ pawn- brokers, auctioneers, and commission merchants; to license and regulate insurance and express companies and their agents, telegraph and tele- phone companies and their agents, sewing machine companies and sew- ing machine agents, and railroads and street railroads companies ; to li- cense and regulate hotels, eating-houses and restaurants ; to license and regulate theatres and all public halls kept as places of amusement or otherwise ; to license, restrain and regulate billiard, pool, bagatelle or jenny lind tabbies, ten pin alleys, and all other games of like kind or de- scription, and to provide for cancelling and annulling such license; to license and regulate barbers and barber shops ; to license and regulate pistol or shooting galleries, the game of quoits, and all kind and descrip- tion of games of chance played in a public place ; to license and regulate warehouses and warehousemen ; to license and regulate photographers and daguerrean artists, and dealers in pistols, bowie-knives and shot- guns or fire arms, and knives of like kind or description ; to establish and regulate a free public school or schools for the tuition of children resid- ing in the corporation, and to employ teachers for the same at suitable salaries ; to license and regulate dealers in commercial fertilizers and all kinds of guanos and phosphates used for such purpose ; to license and regulate coal and wood yards ; to license and regulate dancing masters, and skating rinks; to license and regulate lightning rod agents, stove, range, or clock companies, (not to supply to merchants doing a general business, who keep said articles in stock) ; to license and regulate com- mercial reporting agencies ; to license and regulate dealers in playing cards ; to license and regulate persons or firms, who engage in the busi- ness of buying or selling futures for speculation or on commission. AMENDMENTS OF CHARTER. 29 Sec. 85. Be it further enacted, That hereafter in all cases of default in the payment or securing the payment of any fine or forfeiture assessed against any person, and judgment rendered by any authority of the city of Tuscaloosa, or by notice of any by-law or ordinance of said city, the mayor, or other officer presiding, shall have the right and power to re- quire the party thus being in default to labor on the public streets, or such other works of said city as the mayor or officer presiding may di- rect, for a time not exceeding sixty days, at the discretion of the mayor or officer presiding at such trial ; or the party may be hired for such length of time and at such rate as will pay said fine and costs, or the party may be committed to the guard-house or county jail of the county for a period not exceeding sixty days. It is hereby made the duty of the sheriff of Tuscaloosa county to receive any persons arrested or commit- ed to jail for the violation of any city ordinance, upon the written order of the mayor or officer presiding of said city ; Provided , that arrangements be first made with the shei iff for the payment of his fees for receiving and feeding persons so committed Sec. 2. Be it f urther enacted , That all laws and parts of laws in conflict with the provisions of this act, so far as the same apply to the city of Tuscaloosa, are hereby repealed, and the provisions of this act shall be and go into full force and effect from and after the date of the approval thereof. Approved February 7, 1885. Acts of Ala., 1884-85, p. 322. An Act to constitute the City of Tuscaloosa a separate school district, and to provide for the management of the public schools in said school district. Section 1. Be it enacted by the General Assembly of Alabama, That the corporate limits of the city of Tuscaloosa, and that portion of Tuscaloosa county within one mile of the corporate limits of said city, south of the Warrior river, shall constitute a school district, separate and apart from the other school districts in the county of Tuscaloosa, and the inhabitants of said city are hereby incorporated by the name of “The School District of the City of Tuscaloosa.” Sec. 2. Be it further enacted , That the city of Tuscaloosa, as such sep- arate school district, shall receive the proportionate share of the public school fund coming to the county of Tuscaloosa, including a 'pro rata share of the sixteenth section fund of each township that lies partly with- in the school district of the city, and shall receive all the taxes collected as poll taxes within such school district, said fund and taxes to be drawn 30 AMENDMENTS OF CHARTER. and distributed by such officer as may be appointed for that purpose by the board of education of the school district of the city of Tuscalopsa, in the same manner as county superintendents of education draw and dis- burse the funds for their respective counties ; and the amount thus drawn for the school district of the city of Tuscaloosa shall be used exclusively for the maintenance of public schools in said district, and the city of Tus- caloosa is authorized to increase its school fund by receiving donations, but for the disbursement of all donated funds no charge whatever shall be made, and the mayor and aldermen of the city of Tuscaloosa are here- by authorized to increase the school fund by levying a tax, not to exceed, one-fourth of one per cent, on the taxable property of said city. The tax collector of the city of Tuscaloosa shall be authorized and empowered to collect the State and county poll taxes of all the inhabitants of said school district liable to pay said tax in the same manner as is now pro- vided for the collection thereof. * Sec. 3. Be it further enacted , That the public schools of the school dis- trict of the city of Tuscaloosa, shall be under the charge of a board of education, to consist of the mayor of Tuscaloosa, who shall be ex officio president of said board, and four other persons, residents of said district, to be elected by the mayor and aldermen of said city at their regular meeting in the month of July, 1885; the two first elected shall hold their office for the term of one year, and the two last elected shall hold their said office for the term of two years, and at each regular meeting in the month of July of each year, they shall elect two suitable persons to suc- ceed those whose offices have expired so that two of such persons shall be elected annually, and the president of said board shall make reports and furnish statistics and information to the superintendent of education of the State as may be required by law of county superintendents of education. Sec. 4. Be it further enacted , That each member of said board of edu- cation, shall upon entering on the duties of his office subscribe an oath to faithfully discharge all the duties enjoined upon him by law as such officer ; such oath may be administered by the mayor of said city. Sec. 5. Be it further enacted , That said board of education shall have power, with the approval of the board of mayor and aldermen, to build upon the property of the city suitable houses for use and accommodation of the public schools of said school district, or the said board may rent such houses. Said board shall keep said houses in proper repair and shall furnish the same with appropriate furniture and apparatus ; Pro- vided, that no contract shall be entered into and no disbursement of any moneys or funds, under the provisions of this act shall be made, except by the consent and under the direction and control of the board of may- or and aldermen. AMENDMENTS OF CHARTER. 31 Sec. 6. Be it further enacted, That the said board of education may open a sufficient number of schools to meet the wants of the population of the city of Tuscaloosa ; and said board shall elect such officers as are in theiropinion necessary to the good government of said schools, and when required such officers shall, before entering upon the duties of their respec- tive offices, take the oath of office prescribed by law for all officers in this State, and shall give bond in such sum as may be fixed by said board of education, and conditioned as all other official bonds ; such bond shall be approved by the president of said board of education, and filed with the other official bonds of the city, and a certified copy of the bond of the officer selected to receive the funds of said district shall be filed in the office of the superintendent of education ; and shall elect all teachers, fix their compensation and prescribe their duties, control the distribution of teachers and pupils among the several schools, dictate the course of in- struction, the number arid character of text-books, the organization of classes, and the method of teaching, and shall prescribe rules and regu- lations for the government of the schools aforesaid. Such board shall have and exercise such other and additional powers as may be necessary to give it complete control of the public schools of said school district. Any of such officers or teachers may be removed for cause, to be deter- mined by said board. Sec. 7. Be it f urther enacted , That said board of education may issue diplomas to all persons who satisfactorily complete the course of study prescribed for the public school of said school district. Sec. 8. Be it fvrther enacted , That the children and wards of all actual residents within the limits of the school district of the city of Tuscaloosa, from seven to nineteen years of age, shall be entitled to seats as pupils in the public schools of said city ; Provided , such children shall themselves be bona fide residents of said city, and non-resident children may be ad- mitted into such schools on such terms and conditions as the board of education may prescribe, but separate schools shall be provided for col- ored children. Sec. 9. Be it fvrther enacted , That the board of education shall have power to charge in the several grades in said schools such incidental or other fees as they may deem necessary for the proper conduct of said schools. Sec. 10. Be it further enacted , That all funds devoted to public school purposes in the school district of the city of Tuscaloosa, whether derived from State, county or city, shall be paid into the treasury of said city, where they shall be kept and accounted for, separate and distinct from all other funds belonging to said city, and shall be disbursed in such manner as the board of education shall direct 32 AMENDMENTS OF CHARTER. Sec. 11. Be it further enacted, That the board of education shall have authority to create a board for the examination of applicants for positions as teachers in the public schools of the school district of the city of Tus. caloosa, and no person shall be elected as a teacher in said schools who shall not have received a license from such board. Sec. 12. Be it further enacted , That the board of education may, in its discretion, institute annual competitive examinations before such persons as the board may select for all applicants for license to teach in the pub- lic schools of the school district, including licensed teachers in said schools who are applicants for re-election as teachers. Sec. 13. Be it further enacted , That all laws and parts of laws in con- flict with the provisions of this act, be and the same are hereby repealed. Approved February 17, 1885. Acts of Ala., 1884-85, p. 718. *An Act to incorporate the Tuscaloosa Fire Company Number One, of the city of Tuscaloosa. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Robert Blair, Edward Watkins and Obediah Berry, their associates and successors, are hereby incorporated by the name and style of “The Tuscaloosa Fire Company, Number One and by said name and style the aforesaid company is hereby authorized and empowered to sue and be sued, to have, hold, oc- cupy and possess goods and chattels, lands and tenements of the value of ten thousand dollars, and to make such by-laws, rules and regulations for the proper organization and good government of the company not in- consistent with the constitution and laws of the United States and the State of Alabama and the provisions of this act of incorporation, as they may deem proper. Sec. 2. Be it further enacted , That the said Tuscaloosa Fire Company shall consist of not less than twenty-five nor more than fifty members. Sec. 3. Be it further enacted, That the company shall be required to keep in good order one fire engine with the apparatus thereunto be- longing. Sec. 4. Be it further enacted, That the members of said company shall be exempt and hereby are exempted from military duty, road tax, per- formance of jury duty as grand and petit jurors in the circuit and pro- *Concerning the construction of the words “road tax 5 ’ as found in the 4th section of this act, see State of Alabama v. Emanuel Lewin, 77 Ala., . AMENDMENTS OF CHARTER. 33 bate courts of Tuscaloosa county, so long as they continue to perform the duties of firemen under this act : and that any member who shall have served five consecutive years in said company without any inter- mission, or who shall have been disabled in the performance of duty as such, shall be constituted an exempt fireman, and as such be entitled to all the privileges and immunities of active members of the company. Sec. 5. Be it further enacted , That to enable the members of said com- pany to enjoy the privileges and immunities granted them by this char- ter, it shall be the duty of their foreman to place in the office of the sheriff of Tuscaloosa county, semi-annually, a true statement of the names and members of said company on oath ; and it shall be the duty of the sheriff of Tuscaloosa county to prevent the said names from being placed in any of the jury boxes of said county. Sec. 6. And be it further enacted , That when the aforesaid company shall habitually neglect the performance of their duty as firemen, or vio- late the provisions of this charter, it shall be the duty of the mayor of the city of Tuscaloosa to issue his notice calling on said company to ap- pear before the board of mayor and aldermen of the city of Tuscaloosa at their next regular meeting and show cause why their charter should not be declared forfeited ; and if the said company shall be found guilty of such habitual neglect, the said mayor and aldermen shall declare their charter forfeited. Approved February 10, 1852. Acts of Ala., 1851-52, p. 278. 34 TITLE OF ACTS. TITLE OF THE SEVERAL ACTS PASSED BY THE LEGISLATURE OF ALABAMA, RELATING TO THE CITY OF TUSCALOOSA. (In the following caption of said Acts, the name Tuskaloosa or Tuscaloosa is written as it occurs in the original.) AN ACT to incorporate the town of Tuskaloosa; — approved December 13th, 1819. Acts of Ala., 1818-1819, p. 108. AN ACT to incorporate the lower part of the town of Tuskaloosa, on the south fraction of section 21, of township 21 in range 10 west of the meridian of Huntsville ; — approved December 20th, 1820. Acts of Ala., 1820 to 1824, p. 103. AN ACT to authorize the Intendant and Council of the lower part of Tuskaloosa, to erect a Toll Bridge across the Black Warrior River; — approved November 27th, 1821. Acts of Ala., 1820 to 1824, p. 36. AN ACT pointing out the manner by which the streets in the towns of Tuskaloosa and Montgomery, shall be kept in good order, and for other purposes ; — approved December 31st, 1823. Acts of Ala., 1820 to 1824, p. 115, AN ACT establishing and permanently locating the Seat of Government for the State of Alabama, pursuant to the twenty-ninth section of the third article of the Constitution ; — approved , 1826. Acts of Ala., 1825 to 1829, p. 12. AN ACT providing for the removal of certain public officers to the town of Tuscaloosa ; — approved January 27th, 1826. Acts of Ala., 1825 to 1829, p. 46. AN ACT providing for the erection of a State Capitol ; — approved Jan- uary 3rd, 1827. Acts of Ala., 1825 to 1829, p. 3. AN ACT incorporating the town of Tuscaloosa and to repeal an act in- corporating said town, passed the thirteenth December, eighteen hun- dred and nineteen ; — approved January 12th, 1828. Acts of Ala., 1825 to 1829, p. 133. TITLE OF ACTS. 35 AN ACT to amend an act entitled “An act to incorporate the town of Tuscaloosa, etc. approved January 12th, 1828; — approved January 29th, 1829. Acts of Ala., 1825 to 1829, p. 42. AN ACT investing the Mayor and Aldermen of the town of Tuscaloosa, with the power of opening roads within the corporate limits of said town ; — approved January 29th, 1829. Acts of Ala., 1825 to 1829, p. 40. AN ACT to incorporate the city of Tuscaloosa ; — approved January 9th, 1836. Acts of Ala., 1834-5-6-7, p. 88. AN ACT to amend the Charter of the Town of Tuscaloosa ; — approved February 5th, 1840. Acts of Ala., 1839-40, p. 33. AN ACT for the relief of Justices of the Peace in the city of Tuscaloosa, and for other purposes; — approved January 17th, 1844. Acts of Ala., 1843-44, p. 120. AN ACT to confer certain powers on the Mayor of the city of Tuscaloosa ; — approved February 14th, 1843. Acts of Ala., 1842-43, p. 83. AN ACT to amend the Charter of the City of Tuscaloosa ; — approved February 8th, 1843. Acts of Ala., 1842-43, p. 119. AN ACT to authorize Justices of the Peace in the City of Tuskaloosa to hold their monthly courts at their respective offices separately ; — ap- proved February 4th, 1850. Acts of Ala., 1849-50, p. 411. AN ACT to anthorize the Mayor and Aldermen of the City of Tuscaloo- sa to borrow money ; — approved December 4th, 1551. Acts of Ala., 1551-2, p. 319. AN ACT to amend the Charter of the City of Tuscaloosa ; — approved January 19th, 1854. Acts Ala., 1853-54, p. 399. AN ACT to authorize the City of Tuscaloosa to subscribe to the capital stock of the North-East and South-West Alabama Railroad Com- pany ; — approved February 10th, i860. Acts of Ala., 1859-60, p. 284. AN ACT to make valid in law certain proceedings by the qualified voters of the city of Tuskaloosa therein named ; — approved February 10th, 1860. Acts of Ala., 1859-60, p. 587. AN ACT to make valid in law certain proceedings by the qualified voters of the City of Tuscaloosa therein named ; — approved February 22nd, 1860. Acts of Ala., 1859-60, p. 588. AN ACT to make Tuskaloosa and La Grange, of its vicinity, a military rendezvous, for certain purposes; — approved December 3rd, 1861. Acts of Ala., 1861, p. 185. TITLE OF ACT'S. 36 AN ACT to amend and explain an Act making Tuskaloosa and La Grange, or its vicinity, a military rendezvous, for certain purposes ; — approved December 9th, 1861. Acts of Ala., 1861, p. 187. AN ACT to incorporate the City of Tuskaloosa; — approved March 12th, 1873. Acts of Ala., 1872-73, p. 377. AN ACT to amend an Act entitled “An Act to incorporate the City of Tuscaloosa;” — approved March 12th, 1873; — approved December 5th, 1874 Acts of Ala., 1874-75, p. 433. AN ACT to authorize the Mayor and Aldermen of the City of Tuscaloosa to issue bonds of said City in ‘compromise of a certain chancery suit, to which said city is a party, in the Chancery Court for the Sixth Dis- trict of the Western Chancery Division of Alabama; — approved Feb- ruary 10th, 1875. Acts of Ala., 1874-75, p. 554. AN ACT to amend the act “To incorporate the City of Tuscaloosa,” by the addition of sections in reference to slaughter-houses ; — approved March 1st, 1876. Acts of Ala., 1875-76, p. 312. AN ACT to authorize the Mayor and Aldermen of the City of Tuskaloosa, Alabama, to license auctioneers; — approved December 6th, 1880. Acts of Ala., 1880-81, p.323. AN ACT to amend section four of an act “To incorporate the city of Tuscaloosa ;” — approved March 12th, 1873 ; — approved November 28th, 1882, Acts of Ala., 1882-83, p. 202. AN ACT to amend section 79 of an act entitled “An act to incorporate the city of Tuscaloosa,” approved March 12th, 1873; — approved Feb- ruary 23rd, 1883. Acts of Ala., 1882-83, p. 554. AN ACT to amend an act to incorporate the city of Tuscaloosa, approved March 12th, 1873; — approved February 7th, 1885. Acts of Ala., 1884- 85, p. 322. AN ACT to constitute the city of Tuscaloosa a separate school district, and to provide for the management of the public schools in said school district; — approved February 17th, 1885. Acts of Ala., 1884-85, p. 718 ORDINANCES CONCERNING THE CITY OF TUSCALOOSA. 37 ORDINANCES CONCERNING THE CITY OF TUSCALOOSA. Ordinance relating to improvement Bonds. Section I. Be it ordained by the Board of Mayor and Aldermen of the City of Tuscaloosa, That the bonds of the City of Tuscaloosa be issued for the sum of six thousand dollars ; said bonds to be for the sum of one hundred dollars each, payable twenty years after date, with the privilege of pay- ing the same at any time after five years, at the option of the City ; and upon notice given that the City is ready to pay any bond or bonds desig- nating the same, the interest thereon shall cease. Sec. II. Be it further ordained , That said bonds shall be issued under the provisions of section 79 of the Charter of said City, as amended by act of the General Assembly of Alabama, approved February 23rd, 1883, for the purpose of repairing and preventing the further encroachment of the gullies and water-drains of said City upon the streets and real prop- erty of the inhabitants of said City, and for grading and repairing and opening the streets and public parks of said City, and to preserve the property of the City and of the inhabitants thereof. Sec. III. Be it further ordained, That said bonds shall be numbered from one to sixty inclusive, and may be called in as provided in section I. designating the bond by its number. That the rate of interest of said bonds shdll be six per centum, and that said bonds shall have coupons attached for said interest signed and numbered by the City Secretary, who shall keep a correct account of all bonds issued and disposed of un- der this act; said coupons shall be paid to bearer annually, at the City Treasury, and be receivable for the City taxes from the holder or any transferee. Sec. IV. Be it further ordained, That said bonds shall be signed by the Mayor and countersigned by the Secretary of said City, and have the City and County seal attached to each, and be exempt from State, Coun- ty, and City taxes, for the period of tw'elve months after they mature or fall due, but no longer. Sec. V. Be it further ordained, That said bonds after being duly signed and sealed, be delivered to the Treasurer of the City of Tuscaloosa, who shall sell the same in such sums as he may be authorized and directed by the Mayor of the City, and place the proceeds to the credit of the City of Tuscaloosa. Adopted July 4th, 1883. 38 ORDINANCES CONCERNING THE CITY OF TUSCALOOSA. Be it ordained by the B oard of Mayor and Aldermen of the City of Tusca- loosa, That section five ,5) of an ordinance relating to the issuance of certain bonds, of said City, adopted July 4th, 1883, be amended to read as follows : — Sec. V. Be it further ordained , That said bonds after being duly sign- ed and sealed, be delivered to the Mayor or Treasurer of said City of Tuscaloosa, and either of them may sell the same in such sums as may be authorized by the Mayor of the City, and place the proceeds to the credit of the City of Tuscaloosa, with the Treasurer thereof. Adopted September 7th, 4883. Resolution in regard to City Bonds adopted July 11th, 1884. Whereas on the 4tli day of July, 1883, the Board of Mayor and Aider- men of the City of Tuscaloosa did, by unanimous consent pass an ordi- nance providing for the issuance of sixty bonds, numbered from one to sixty inclusive, bearing six per cent, interest, and payable twenty years from the date of issuance, with the option of paying the said bonds off, after five years from their date ; and whereas a part of said bonds were issued; and whereas fifteen of said bonds, numbered from one to fifteen inclusive were sold ; and whereas, it is found impossible to sell any more of said bonds bearing six per cent, interest, — Therefore, Sec. I. Be it ordained by the board of Mayor and Aldermen of the City of Tuscaloosa , That the said fifteen bonds, already issued and sold, and num- bered from one to fifteen inclusive, bear interest at the rate of eight per centum per annum, and that said Board of Mayor and Aldermen shall pay said rate of interest on said bonds, and that the Mayor be authoriz- ed and instructed to pi int on the back of said bonds, the following, in red ink, to- wit : — In 'pursuance of an ordinance of the Board of Mayor and Aldermen of the City of Tuscaloosa , adopted on the 11th day of July , A . D. 1884, said Mayor and Aldermen agree to pay eight per centum interest on the within bond , and each coupon attached to said bond shall be good for eight dollars instead of six dollars , as stated in said coupon , and the Mayor shall date and sign, and the Secretary shall countersign each of said endorsements, and the same shall be binding on said mayor and aldermen. Sec. If. Be it further ordained, That all of the bonds provided for in said ordinance of July 4th, 1883, which have been printed and signed but not sold, shall be destroyed by the Mayor and Secretary of the Board ; and the mayor shall have forty-five new bonds prepared for the sum of one hundred dollars each, payable twenty years from August 1st, A. D. ORDINANCES CONCERNING THE CITY OF TUSCALOOSA. 39 1884, with the privilege of paying the same at any time after five years from August 1st, 1884, at the option of the city; and upon notice being given that the city is ready to pay said bonds or any part of them, the interest on the same shall cease. Sec. III. Be it further ordained, That said bonds shall be numbered from sixteen to sixty both inclusive, and shall bear interest at the rate of eight per cent., and shall have coupons attached for the interest pay- able annually at the City Treasury. Sec. IV. Be it further ordained , Said bonds shall be issued under the authority and for the purposes mentioned and set forth in section II. of the said ordinance of July 4th, 1883. Sec. V. Be it further ordained, Said bonds shall be signed by the May- or and countersigned by the Secretary of the said city, and shall have the city and county seal attached to each one of them. They shall, when thus executed, be delivered to the City Treasurer, who shall dispose of the same as he shall be directed by the Mayor. Sec. VI. Be it further ordained. The Secretary shall keep a correct re- cord of all the sold bonds so issued and disposed of under this ordinance and to whom sold. Adopted Bonds. Sec. I. B>e it ordained by the Mayor and, A Idermen of the City of Tuscaloosa , That bond* of the city of Tuscaloosa be issued for the sum of four thous- and dollars ; said bonds to be for the sum of one hundred dollars each, payable as follows, to-wit : — one thousand dollars of these bonds shall be payable on the 1st day of September, 1886; one thousand dollars on the 1st day of September, 1887 ; one thousand dollars on the 1st day of Sep- tember, 1888; — and one thousand dollars on the 1st day of September, 1889. Sec. IT. Be it further ordained , That said bonds shall be issued under the laws of the State of Alabama, and of the city of Tuscaloosa, particu- larly under the provisions of section 79, of the charter of said city, as amended by the act of the General Assembly of the State of Alabama, approved February 23rd, 1883, for the purpose of repairing and prevent- ing the further encroachments of the gullies and water-drains of said city, upon the streets and real property of the inhabitants of said city, and for grading and repairing, and opening the streets and public parks of said city and of the inhabitants theroof. 40 ORDINANCES CONCERNING THE CITY OF TUSCALOOSA. Sec. III. Be it further ordained, That said bonds shall be numbered from sixty-one to one hundred both inclusive ; that the rate of interest of said bonds shall be eight per cent per annum ; said interest paid semi- annually on to-vvit : — the first day of March, and the first day of Sep- tember of each year, and said bonds shall have coupons attached for said interest, signed and numbered by the city Secretary, who shall keep a correct account of all bonds issued and disposed of under this act. Said coupons shall be paid to bearer semi-annually at the city Treasury, and be receivable for city taxes from any holder thereof. Sec. IV. Be it further ordained , That said bonds shall be signed by the Mayor and countersigned b) r the Secretary of said city, and have the city and county seal attached to each, and be exempt from State, county, and city taxes. Sec. V. Be it further ordained , That said bonds, after being duly signed and sealed, be delivered to the Treasurer of the city of Tuscaloosa, who shall sell the same in such sums as he may be authorized and directed b < y the Mayor of the city, and place the proceeds to the credit of the city of Tuscaloosa. Adopted August 10th, 1885. Ordinance in regard to the Street Eailway of the City of Tuscaloosa. Be it enacted l>y the Board of Mayor and Aldermen of the City of Tuscaloosa — Sec. 1. That the City of Tuscaloosa hereby grants to Geo. A. Searcy, Barton F. Dickson, and Poellnitz Johnston and to their successors, the right of way over Market Street, and over that portion of Broad Street, between Madison and Market Streets, within the City of Tuscaloosa, for the purpose of building a Street Railway thereon, to be run by horse power, under the following restrictions. Sec. 2. The said railway is to be so constructed that the lines of the shade trees now’ on said streets shall not be used, and the shade trees not injured, and the track of said railway shall not be laid within ten feet of either line of said shade trees. Sec. 8. The present grade of the said streets is to be maintained and is not to be changed without special permission from the Board, and if the City should at any time change the grade of said streets — the road bed of said railway shall be changed to conform thereto. Sec. 4. Should any culvert or ditch be necessary to drain water from either side of said streets, it is to be properly constructed by the paid rail- way. ORDINANCES CONCERNING THE CITY OF TUSCALOOSA . 41 Sec. 5. The road bed of said railway is to be well ballasted, its entire length, so that standing water shall not remain thereon, and at the several street crossings — so that persons and vehicles may cross without injury or inconvenience. Sec. 6 . The said railway is to be commenced by January 1st, 1883, and is to be completed from the South Margin Street up Market Street to its intersection with Broad Street and from Market Street to Madison Street, — by January 1st, 1884, or this ordinance shall lapse and be void and of no effect. , Sec. 7. The said city of Tuscaloosa hereby exempts the said railway from taxation for the term of ten years. Sec. 8. The Mayor and Aldermen of said city reserve the right to regulate this grant in such a way, as whilst it will not injure the com- pany in its business or privileges, shall protect the city and its streets from inconvenience and damage. Adopted April 5th, 1885. Ordinance amending the ordinance in regard to the Street Railway of the City of Tuscaloosa. Be it enacted by the Board of Mayor and Aldermen of the City of Tuscaloosa — Sec. 1. That section 1 of said ordinance be so amended as to read as follows: — That the City of Tuscaloosa hereby grants to G. A. Searcy, Barton F. Dixon, and Poellnitz Johnston, and to their successors in office, the right of way over Market Street and over Broad Street within the City of Tuscaloosa for the purpose of building a street railway thereon, to be run by horse power with the following restrictions. Adopted June 7th, 1882. Oath of office prescribed by article XV. of the Constitution of the State of Alabama, and enforced on Mayors and Aldermen of all cities, by Act of March 4th, 1876. I, , solemnly swear (or affirm) that I w r ill support the Con- stitution of the United States, and the Constitution of the State of Ala- bama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office, upon which 1 am about to enter, to the best of my ability ; So help me God. 42 ORDINANCES CONCERNING THE CITY OF TUSCALOOSA. Articles of the State Constitution, in relation to the powers and duties of Municipal Governments. Art. IV. Sec. 55. — The General Assembly shall have no power to au- thorize any county, city, and town, or other sub-division of this State, to lend its credit, or to grant public money, or thing of value, in aid of, or to, any individual association, or corporation whatsoever, or to become a stockholder in any such corporation, association, or company, by issuing bonds or otherwise. Art. VIII. Sec. 1. — Qualification of Voters . — * * * First, He shall have resided in the State at least one year immediately preceding the election at which he offers to vote. Second, He shall have resided in the county for three months, in the precinct or ward for thirty days im- mediately preceding the election at which he offers to vote ; Provided, That the General Assembly may prescribe a longer or shorter residence in any county, or in any ward in any incorporated city or town having a population of more than five thousand inhabitants, but in no case to exceed three months. Sec. 2. All elections by the people shall be by ballot, and all elections by persons in a representative capacity, shall be viva voce. Art. XI. Sec. 7. — No city or other municipal corporation, other than provided for in this Article, shall levy, or collect, a larger rate of taxa- tion in any one year on the property thereof, than one-half of one per cent of the value of such property, as assessed for State taxation during the preceding year ; Provided , That for the payment of debts existing at the time of the ratification of this Constitution, and the interest thei eon, an additional rate of one per cent, may be collected, to be applied ex- clusively to such indebtedness. An Act to amend Section 286 of the Code pf Afabama. Sec. 1 . Be it evaded by the General Assembly 6f A labama, That Section 286 of the Code of Alabama, be amended so as to read as follows ; viz: — §286 (264) — Manner of counting out votes : — In counting out, the re- turning officer, or one of the inspectors, must take the ballots one by one, from the box in which they have been deposited, at the same time read- ing aloud the names of the persons written or printed thereon, and the office for which such persons are voted for ; they must separately keep a calculation of the number of votes each person receives, and for what he receives them ; and if two or more ballots are found rolled up or folded together, so as to induce the belief that, the same was done with a fraud- ORDINANCES CONCERNING THE CITY OF TUSCAEOOSA. 43 ulent intent, they must be rejected, or if any ballot contains the names of more than the voter had a right to vote for, the first of such names on such ticket, to the number of persons the voter was entitled to vote for, only, must be counted. Approved February 18th, 1879. An Act to amend Section 1776 of the Code, in relation to qualifications of Officers of Incorporated Towns. Sec. 1. B 1863 —JESSE E. ADAMS. 1864-65.— OBE 1)1 AH BERRY. 1866 —JOSEPH C. GUILD. 1867 — S. B. SMITH. 1867 JOHN S. GARVIN. 1868 — JOSIAH J. PEGUES. 1869-71.— T. F. SAMUEL. J 1.97:2 ROBERT BLAIR. 1873 — OBEDIAH BERRY. 1874-76.— JOHN J. HARRIS. 1877-78.— OBEDIAH BERRY. 1879-86.— WILLIAM C. J EMI SON. (Note. — The City of Tuscaloosa was incorporated December 13th, 1819, and we have not at hand any accurate data concerning the various Mayors of the City prior to the above. We would be obliged for any information on this sub- ject, which will be carefully preserved, in order that future compilers of the laws of the city may extend the list. — Wood & Wood, City Attorneys.) ' ORDINANCES CONCERNING THE CITY OF TUSCALOOSA. 45 An ordinance to provide for the adoption, printing, and distribution of the Code of the City of Tuscaloosa, and for the continuance or repeal of certain matters concerning the Code of 1879. Section 1 . Be it ordained by the Mayor and Aldermen of the City of Tusca- loosa, That the Code of Laws and Ordinances of the City of Tuscaloosa, known as the Code of 1885, revised and prepared by the City Attorneys, Messrs. Wood & Wood, pursuant to an ordinance heretofore adopted, be and the same is hereby received and adopted, and shall govern all per- sons within the limits of the City, whether resident or transient. Sec. 2. Be it further ordained, That part of said Code, denominated as the Civil Code, shall go into effect, and be of full force, on and after the first Monday of December, 1885. Sec. 3*. Be it further ordained , That part of said Code, denominated as the Penal Code, shall go into effect and be of full force, on and after the third Monday of December, 1885. Sec. 4. Be it further ordained, That the Mayor, Hon. William C. Jemi- son, Aldermen Bernhard Friedman and Warfield C. Richardson, and the City Attorneys, be empowered and requested to make all contracts nec- essary to have said Code printed, bound, if necessary, and distributed ; and as soon as they shall receive said Code from the hands of the printer they shall deliver one to each alderman, and one to each officer of the City, who shall return the same to the City Secretary when their terms of office expire. Sec. 5. Be it further ordained, That the balance of said copies may be sold by the Mayor at such prices as may be fixed by the Mayor and Aldermen. Sec. 6 . Be it further ordained, That the said City Attorneys sball su- perintend and direct the preparation of said Code for the press ; shall incorporate therein the Charter of the City, and such special acts of the Legislature, and other matter, as they shall deem important to incorpor- ate therein, and shall make and append thereto a full and complete index. Continuance and repeal of laws and ordinances. Sec. 7. All laws and ordinances of the city of a privrte nature, operat- ing on paiticular persons; all laws and ordinances for the appropriation of money, and all laws and ordinances which amount to or were and are 46 ORDINANCES CONCERNING THE CITY OF TUSCAEOOSA. intended to operate as a contract or agreement with any other person, are hereby continued in full force and operation ; and all the laws and ordinances designed to operate upon all the people of this city, not em- braced in this code, are hereby repealed; Provided , That no action or pro- ceeding commenced before the adoption of this code shall be affected by its provisions ; and provided fv rther , that neither this code, nor any pro- vision therein contained, has nor shall have the effect to release any per- son from any penalty or forfeiture which has accrued previous to the adoption of this code, nor to release any person from any trial or punish- ment for any crime, misdemeanor, or offense against the laws or ordin- ances of this city ; but all such laws and ordinances are hereby continued in force as to such crimes, misdemeanors, offenses, penalties, and for- feitures, in the same manner and to the same extent as if this code con- tained no repealing clause. Adopted November 4th, 1885. CIVIL CODE. 47 PART I. CIVIL CODE. CONTENTS. Chapter. I. Meaning of Words. II. Division of City into Wards. III. Elections. IV. Contest of Elections. V. The Board. VI. The City Officers : their powers and duties. VII. The Mayor : his powers and duties. VIII. The City Secretary. IX. The Marshal and Policemen. X. The Tax Assessor. XI. The Tax Collector. XII. The City Treasurer. XIII. The City Engineer. XIV. The City Sexton and Cemeteries. XV. The City Attorney. XVI. Taxation and Licenses. XVII. Quarantine and sanitary ordinance. XVIII. The City Schools. XIX. The Streets and sidewalks XX. The City Market and Scales. XXI. The Powder Magazine. XXII. The Fire Department. XXIII. Salaries and Fees of Officers. XXIV. Motions and Summary judgments and other Summary Proceed- ings against Officers. 48 CIVIL CODE. CHAPTER I. MEANING OF WORDS. Sec. i. Meaning of words. — The following words used in this code shall have the following meaning attached to each one: — 1. Time. — Words used in the past or present tense include the future as well as the past and present. 2. Computation of time. — The time in which an act is to be done must be computed by excluding the first and including the last day; and if the last day be Sunday, that shall be ex- cluded. 3 . Gender. — Words used in the masculine gender include the feminine and neuter. 4. Number. — Words used in the singular include the pural, and the plural includes the. singular number. 5- Person . — The word “person” includes a corporation, firm, or partnership, as w T ell as a natural person. 6. Writing. — The word “writing,” or “written,” includes printing on paper. 7- Signature or subscription includes mark when the per- son cannot write. 8. Property . — The word “property” includes real and per- sonal property. 9- Real property includes lands, tenements, and heredita- ments. 10. Personal Property includes every species of property, except real property as above defined. 11. Year and month . — The word “year” means a calendar year; and the word “month” means a calendar month. 12. Bond • — When a bond is required, an undertaking in writing is sufficient. 13. The Board • — The words “the board” mean the mayor and aldermen when assembled in session for the transaction of business. CIVIT. CODE. 49 14. The City . — The words ‘“the city” means the body cor- porate, in the county of Tuscaloosa, and State of Alabama, creat- ed by the Act of the General Assembly of Alabama, approved the day of , 18 , and the several amendments and supplements thereto, under the style of c ‘The Mayor and Aldermen of the City of Tuscaloosa.” 15. The Corporation. — The words “the corporation” mean the city as above defined. 16. The Mayor. — The words “the mayor” include and ap- ply to aldermen acting as mayor. 17. Money. — The word “money” includes gold and silver and other coin, bank notes or bills, and any other note or bill in- tended to be circulated as money; also, the certificates of indebt- edness issued by the State of Alabama. 18. Credit. — The word “credit’’ includes every debt, claim, or demand for money, labor, merchandise, or property, or oth- er thing of value, whether secured by deed of trust, mortgage, conditional sale, bond, note, or account. CHAPTER II. DIVISION OF CITY INTO WARDS. Sec. 2. City divided into six wards. — The City of Tus- caloosa shall be divided into six wards, as follows: — The first ward shall embrace all that part of the corporate limits that lies between the eastern limit and Adams Street; the second ward shall embrace all that part of the corporate limits that lies be- tween Adams and Madison Streets; the third ward shall em- brace all that portion of the corporate limits that lies between Madison and Monroe Streets; the fourth ward shall embrace all that portion of the corporate limits that lies between Monroe and Market Streets; the fifth ward shall embrace all that por- tion of the corporate limits that lies between Market and Wash- ington Streets; the sixth ward shall embrace all that portion of the corporate limits that lies between Washington Street and the w T estern limit. 50 CIVIL CODE. CHAPTER III. ELECTIONS. Section. 3. Elections, where held. 4. Qualifications of electors. 5. Who may be Mayor, Alderman, or Marshal. 6. How office of mayor or alderman vacated. 7. Election to fill vacancy. 8. Qualified electors : how many votes of. 9. City Secretary registers elections. 10. Opening and closing register, and registration. 11. Notice of registration : book and oath. 12. Electors, who disqualified. 13. Duty of Secretary to furnish lists. 14. Certificate to registration lists. 15. Manner of elector registering. 16. Judges and clerks of elections. 17. Time of holding election. 18. Elections advertised. 19. Duty of judges and clerks. 20. Challenging elector. 21 . Counting and certifying votes. 22. Tie votes. Sec. 3. Elections — where held. — All elections in this City, under the Charter thereof, shall be held at the City Hall, unless otherwise ordered by the Board of Mayor and Aldermen. Sec. 4. Qualification of Electors. — Any male citizen of the United States, who is qualified bv law to vote at elections held in and for the State of Alabama, and who shall have re- sided within the corporate limits of this City bona fide for six- ty days prior to the election at which he offers to vote, or who owns in his own right, or that of his wife, three hundred dollars worth of property, located within said City limits, upon which he pays municipal taxes, and who shall have been duly register- CIVIL CODE. 51 ed at least three days prior to the election at which he offers to vote, shall be deemed a qualified elector of said City. Sec. 5. Who may be mayor , alderman or marshal. — Any elector of said City, who is twenty-one years of age and who has resided in said city one year or upwards, shall be eligible to the office of Mayor, or Alderman, or Marshal. Sec. 6. How office of mayor or alderman vacated. — Should the mayor of said city remove therefrom, or be absent for three months at any one time, without the consent of the Aldermen, his office shall be thereby vacated, and should any alderman re- move from the ward in which he was residing at the time of his election, or be absent therefrom for three months at any one time, without the consent of the Mayor and other Aldermen, his office is thereby vacated. Sec. 7. Election to Ml vacancy. — Whenever any vacancy shall occur either by death, resignation, refusal to accept, removal or absence as aforesaid, in the office of Mayor, or any Aider- man, it shall be the duty of the remaining members forthwith to advertise and cause an election to be holden within ten days after such advertisement, to fill any such vacancy. Sec. 8. Qualified electors: how many votes of . — All qual- ified electors of this City may vote for one person or candidate for Alderman in each and every ward, and also for Mayor and any other elective municipal officers. Sec. 9. City Secretary registers electors. — The City Sec- retary shall keep a register, in which all persons, legally qualifi- ed to vote in said City, shall be required to have their names registered before fhey shall be allowed to vote at any election, or for any officer of said City. Sec. to. Opening and closing register , and registra- tion. — The City Secretary shall keep said register open forty days previous to any election, and shall close it three days be- fore the polls are opened for such election. Upon the applica- tion of any person entitled to vote by the ordinances of this City, and giving his name, age, business or profession, ward, and time of residence in State, City, and ward, which may be prov- en by the oath of the applicant, administered by the person reg- 52 CIVII. CODE. istering, the registering officer shall register said applicant, if a qualified voter of this City. Sec. ii. Notice of registration: book and oath. — The City Secretary shall give reasonable notice before each election of the time and place of opening and closing said registration lists, and shall provide himself with, at the expense of the City, a blank book, each page of which shall contain the following heading, which oath or affirmance shall be administered by him to each person before he is allowed to register. THE STATE OF ALABAMA, { County and Oity t of Tuscaloosa. ) We, the undersigned registered electors, each for himself, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and of the State of Alabama, and of the City of Tuscaloosa, and that I am not excluded from registering or voting by any of the clauses in section2 of article VIII. of the Constitution of Ala- bama ; that I am a qualified elector under the laws of this State, and en- titled under the laws of this city to vote at the next municipal elec- tion thereof. NO. DATE. NAME AGE. BUSINESS. No. of Ward. res: State. I DEN C] City. 5 IN Ward. Sec. 12. Electors , who disqualified • — Those who have been convicted. of treason, embezzlement of public funds, mal- feasance in office, larceny, bribery, or other crime punishable in the penitentiary, and idiots and lunatics, shall not be permitted to vote in this city at any election. Sec. 13. Duty of Secretary to furnish lists. — The regis- tration lists shall be closed three davs prior to each municipal election, and the City Secretary shall immediately thereafter make out a true and correct list of the registered electors of this city, and deliver the same to the board of mayor and aldermen ;which list shall be kept on file in the mayor’s office. Sec. 14. Certificate to registration lists. — When the reg- istration of electors shall have been completed, the City Secretary shall append the following certificate to the list of registered electors, registered by him: — CIVIL CODE. 53 I , Secretary of the city of Tuscaloosa, do hereby certify that the above and foregoing names of registered voters? registered by me, were duly registered according to law, be- tween the dates of the day of 1 88 , and the day of 188 , in said city, and that each of said persons so registered took and subscribed before me the above and foregoing oath, on the day and dates set opposite their names respectively. Witness my hand this day of 188 City Secretary. Sec. 15. Manner of elector registering. — All electors shall register by signing their names to the proper blank, and when- ever an elector shall apply for registration who is unable to write his name, it shall be the dutv of the Secretary to write the name of said elector for him, to which the elector shall make his mark, which said signature in each and every case shall be attested by the City Secretary. Sec. 16. Judges and clerics of elections. — The board of mayor and aldermen at their regular meeting in November of each even numbered year shall appoint three judges and two clerks to hold the biennial election, who shall, before entering on their duties, take an oath to act faithfully' and impartially in conducting the same. Any two of said judges may act, and in case said clerks, or any of them, are absent, the judges shall pro- ceed to appoint suitable persons in their places. Sec. 17. lime of holding election. — The biennial election for Mayor and for one Alderman for each of the six wards of said City, shall be held on the first Monday' in December of feach even numbered year. Sec. 18. Elections advertised • — The Board of Mayor and Aldermen shall cause the biennal election, and all other elections to be ‘advertised in some newspaper published in said City at least ten days before the same shall be held. Sec. 19. Duty of judges and clerks.- — It shall be the duty of the judges and clerks of said elections, to open the polls at the hour of nine o’clock in the morning, and close them at four 54 CIVII. CODE. in the evening; to receive the ballots of all registered voters, unless said votes are challenged, and deposit those ballots cast for Mayor in one box, and those cast for Aldermen in another. Sec. 20. Challenging elector. When any person offering to vote is challenged, which may be done by any qualified voter, one of the judges shall, without delay, tender him the following oath: — “You do splemnly swear (or affirm) that you are a duly qualified voter under the Constitution and Laws of the State of Alabama, and City of Tuscaloosa; that you have resided with- in this State one year, in this County three months, and in the corporate limits of this City bona fide sixty days prior to this election, (or that you own in your own right, or that of your wife, three hundred dollars worth of propertv, located within said city limits, upon which you pay municipal taxes) and that you have not voted this day.” And upon such oath aforesaid having been taken, the ballot of such person must be received by the judges and deposited as in other cases. But if said oath being tendered, shall not be taken, the ballots aforesaid must be rejected. Sec. 21. Counting and certifying votes. — So soon as the polls shall be closed, the judges and clerks shall at once proceed to count and compare the ballots, and shall make out, after count- ing said ballots, a full return of all the votes, showing how many votes have been cast for Mayor, and how many for Aldermen, with the vote for each candidate for Alderman; and shall cer- tify. under their hands, this written return to the Board of May- or and Aldermen. Sec. 22. Tie votes. — Should there be a tie vote between two or more candidates for the office of Mayor, the Aldermen chosen at the same election shall determine which of said can- didates shall he Mayor, and should two or more persons receive the same vote for Aldermen, the Mayor, chosen at that election, shall declare which of said persons shall be Aldermen. And in case of any other tie concerning elections of said city, it shall be decided by a majority vote of the Board. CIVIL CODE. CHAPTER IV. CONTESTS OF ELECTIONS. Section. 23. Elections, causes pf contests. 24. Contests, statement of grounds to Probate Judge. 25. Copy of contest served on defendant. 26. Subpoenas for witnesses. 27. Depositions of witnesses. 28. Continuance of cause. 29. Authority of Judge of Probate. 30. Proceedings in case of tie votes. 31. Judgment when contest successful. 32. Costs of contest. Sec. 23. Elections , causes of contests . — The election of persons declared to be elected Mayor or Alderman of said City of Tuscaloosa, may be contested by any qualified elector of said city, for any one or more of the following causes. 1. Malconduct, fraud, or corruption on the part of any in- spector, judge, clerk, returning officer, or board of supervisors. 2. When the person whose election to such office is contest- ed was not eligible thereto at the time of such election 3. On account of illegal votes. 4. Any intimidation, threats to discharge from employment, offers to bribe, or bribery, violence, abuse, or any other unlaw- ful conduct calculated to prevent a fair, free, and full exercise of the elective franchise. Sec. 24. Contests , statement of grounds to Probate Judge — Any elector choosing to contest any election for May- or or Alderman of said City, must, within fifteen days after such person is declared duly elected, present a statement of the grounds of contest, verified by affidavit, for one or more of the causes mentioned in the preceding section, to the Judge of Probate of Tuscaloosa Countv, who must appoint a day, not less than fif- 56 CIVII. CODE. teen nor more than twenty days from the time of such presenta- tion for the trial thereof, and endorse the same on such statement: he must also, at the same time, give security for the costs of such contest, to be approved by such judge, but in no case shall the Probate Judge require more than Five Hundred Dollars as se- curity. Sec. 25. Copy of contest served on defe7idant. — A copy of such statement, with the day of trial endorsed thereon, must be served on the person whose election is contested, or left at his usual place of residence, at least ten days before the day ap- pointed for trial, by the sheriff, or a constable of said county, and the original notice returned to the Probate Judge with the mode of service endorsed thereon. Sec. 26. Subpoenas for witnesses. — After the notice re- quired has been given, either party is entitled to subpoenas to compel the attendance of witnesses on the day fixed for trial, which must be issued on application by the Judge of Probate, before whom the contest is to be tried: the same proceedings may be had against defaulting witnesses as in matters litigated in courts of Probate, such proceedings being returnable within three months. Sec. 27. Depositions of ivitnesses. — Testimony may also be taken bv deposition in such cases, and in like manner as in matters litigated in said court, and witnesses and commissioners are entitled to the same compensation as in other cases. Sec. 28. Continuance of cause. — The court may, for good cause, continue the trial to some other day, but no continuance must be over thirty days, and such trial must not be continued more than twice on the application of the same party. Sec. 29. Authority of Judge of Probate. — The Judge of Probate has authority to make an examination of the ballots given in such election, on the trial of any contest thereof, so far as the same may be necessary to arrive at a correct judgment, and must be governed in the trial and determination of such contest by the rules of law and evidence governing the deter- mination of questions of law and fact in the courts of law in CIVIL CODE. * 57 this State, so far as the same are applicable, and, after hearing the proofs and allegations, must give judgment, either confirm- ing or annulling such election altogether, or declaring some oth- er person than the one whose election is contested duly elected Sec. 30. Proceedings in cases of tie votes. — If it appear that two or more persons have received an equal number of legal votes for such office, the trial of such cause must be tem- porarily adjourned, and such result certified to the Mayor and Aldermen elect, who shall proceed to determine the result of said election as hereinbefore provided in cases of ties; and judg- ment must be rendered declaring such person, whose election is so determined, duly elected. Sec 31. Judgment when contest successful. — When the person whose election is contested is proved to be ineligible to the office, judgment must be rendered, declaring the election void as to such person, and the person having the next highest number of legal votes shall be declared duly elected to the office. Sec. 32. Costs of contest. — When the election is declared void, or when any other person than the one whose election is contested, is declared elected, the party contesting recovers of the person whose election is contested, all costs, for which exe- cution may issue, returnable to any regular term of said court, within three. months after its issuance,— and in all cases where the contesting party is defeated, the party whose election is contested recovers of him all costs, for which execution against him and his securities mav issue, returnable as aforesaid. 58 CIVIL CODE. CHAPTER V. THE BOARD. Section. 33. Who constitutes the Board. 34. Election returns announced. 35. Officers sworn in, and oaths. 36. Organization of Board. 37. What constitutes a quorum. 38. Regular and called meetings. 39. Standing Committees. 40. Street Committee : its powers and duties. 41. Finance Committee : its powers and duties. 42. Public Grounds and Building Committee : its powers and duties. 43. Public School Committee : its powers and duties. 44. Election of city officers. 45. Temporary vacancy in Board, how filled. 46. Compensation of city officers. 47. Officers may be fined and removed. 48. Passage of ordinance ; Proviso. 49. Rules for government of Board. Sec. 33. Who constitutes the Board. — The Mayor and Al- dermen of the City of Tuscaloosa shall constitute the body des- ignated as the Board. Sec. 34. Election returns announced ■ — The Board shall hold a meeting on the day after each biennial election for Mayor and Aldermen, for the purpose of receiving the returns of such election, and shall cause said returns to be spread in full on the minutes of the Board, and shall declare elected the persons hav- ing received the highest number of votes for each office. Sec. 35. OiRcers sworn in , and oath. — The Mayor and Aldermen so elected shall be at once sworn in, and enter upon the discharge of their duties, taking the following oath : “I, , solemnly swear (or affirm) that I will support the constitution of the United States, and of the State of Alabama, so long as I CIVIL CODE. 59 continue a citizen thereof, and that I will faithfully and honestly discharge the duties of the office upon which I am about to en- ter, to the best of my ability, without fear, favor, or partiality, so help me God.” Sec. 36. Organization of the Board. — As soon as said oath shall have been taken by the Mayor and Aldermen elect, the Mayor shall take his seat and call the Aldermen to order, and they shall then be considered as organized for the transac- tion of business as the Board of Mayor and Aldermen of the City of Tuscaloosa. Sec. 37. What C 07 istitutes quorum. — Four members of the Board shall constitute a quorum for the transaction of busi- ness, but a less number, when a quorum is not present, may adjourn to another day. Sec. 38. Regular and called meetings. — The Board shall have regular stated meetings on the first Wednesday during each month, and may adjourn said meeting from time to time during the month. Called meetings may be held at any time, at the pleasure of the Mayor, by written notice, designating the time and place of meeting; or on the written application of two Aldermen, the Mayor shall likewise order a called meeting. Sec. 39. Standing committees. — At the first regular meet- ing of the Board, the Mayor shall appoint the following standing committees, to consist of three members each: — A committee on streets. A committee on finance. A committee on public grounds and buildings. -A committee on public schools. Sec. 40. Street committee: its powers and duties. — The street committee shall examine into and propose action on and for all matters pertaining to streets, side-walks, bridges, culverts, shade-trees, lamp-posts, wells, cisterns, and the like. They shall in regard to these things direct the attention of the marshal and overseers, and shall cause all such necessary repairs as the pub- lic safety and convenience may require to be promptly made; Provided , however, that their expenditures for such purposes 60 CIVIL CODE. shall be limited to such amount, per month, as the Board may determine. ^ Sec. 41. Finance committee : its powers and duties . — The finance committee shall examine into and propose action for all matters relating to the revenues and liabilities of the city. They shall examine all bills and accounts presented against the city, and endorse on them ‘‘audited,” before the same shall be acted on by the Board. They shall analyze all accounts, classi- fying the items under the following heads:- — Salaries and fees of officers. Streets. Police. Public grounds and buildings. Redemption of bonds. Interest and discount. Printing. Stationery. Holding elections. School fund. Fuel and light. Miscellaneous. At the end of each year, the finance committee shall present an exhibit, showing the receipts and expenditures for the year, specifying the source from which the receipts were derived, and classifying the expenditures according to the classification above given. Sec. 42. Public grounds and buildings committee: its powers and duties . — The public grounds and buildings com- mittee shall examine into and propose action for all matters per- taining to the grave-yard, the commons, the river margins, and other grounds and lots owned by the city; the wharf, the ware- house, the city hall, the guard-house, the market, the powder magazine, the clock, the city scales, and other public buildings and property. They shall direct the attention of the marshal as custodian of public grounds and buildings, and shall cause nec- essary repairs of buildings to be made; Provided , that the ex- pense thus incurred in any one month shall not exceed such limit as the Board mav determine. / CIVIL CODE. 61 Sec. 43. Public Schools committee: its powers and du- ties. — The public schools committee shall have a general super- vision over the public schools of this city, and shall be the offi- cial means of communication between the board of Mayor and Aldermen and the board of Education: they shall propose action on all matters pertaining to, and for the general good and wel- fare of said schools, and shall attend examinations, and perform such other duties as may be required of them. Sec. 44. Election of City officers . — The Board shall at their first regular meeting in December, or as soon thereafter as prac- ticable, elect viva voce a secretary, a marshal, a tax assessor, a tax collector, a city engineer, a city attorney, and such other officers as thev may determine upon. If they deem it advisable they may elect one person to hold more than one office. Sec. 45. Temporary vacancy in boards how filled. — When the Mayor, or any of the Aldermen of said Citv, shall be absent with or without the consent of the remaining members of the Board, for a less term than that which renders either of their offices vacant, or when any vacancy shall occur in either of said offices by death, resignation, refusal fo accept, removal, absence, or in any other manner, those of the oard Bat home and in office shall make a temporary appointment, should they deem it nec- essary, of some competent person to act until the return of the absentee, or until the vacancy shall be filled by election. Sec. 46. Compensation of city officers. — The Board must at its first meeting fix the compensation of the Mayor and other officers and employees of the City. . Sec. 47. Officer may be fined and removed • — The Board may try an officer of the corporation for violation or neglect of duties, having first given him notice thereof. Such officer, if convicted, may be fined by the Board, and by a vote of two- thirds 'of the Board, any officer elected by them may be removed from office. Every officer, while under trial shall be suspended from his official duties. Sec. 58. Passage of ordinances ; proviso. — No law or ordinance, presented by any member of the Board for adoption nvii- ronr r,2 amendment, or repeal, at any meeting, shall be acted on until the next regular meeting; provided, however, that the Board may at any time suspend this rule by unanimous consent, in which case, four affirmative votes shall be required to pass, amend, or repeal the proposed law or ordinance. Sec. 49. Rules for government of board. — For the orderly transaction of business the following rules are adopted for the government of the Board: Rule i. At the appointed hour the Mayor shall take the chair, call the Board to order, and if a quorum be present, pro- ceed to business. Four members of the Board shall constitute a quorum. Rule 2. If the Mayor be absent the Aldermen shall select one of their number to act as Mayor nro tern. Rule 3. In either case business shall be taken up and dis- posed of in the following order, to-wit: — 1. Calling the roll and noting those who are absent. 2. Reading the minutes of the last meeting for approval or correction. 3. Excuses for Aldermen for failing to attend at any former meeting, and if such excuse is not allowed the Alderman shall be fined five dollars. p Communications from the Mayor. Reports from each officer required to report, which shall be referred to the appropriate committee. 6. Reports from each of the standing committees, which shall be disposed of. or the matter referred back to the com- mittee. 7. Reports from select committees, which must be made at the first meeting after the reference unless further time is given, which matter must be disposed of or referred back to the com- mittee. 8 . Petitions read and disposed of. or referred to the appro- priate committee. 9. Unfinished business. xo. Elections to fill vacancies in anv of the offices of the City. ir. New business. 12. Adjournment. Civil- CODF. \ f>3 Rule 4. The Mayor shall preserve order and decorum in the transaction of business during each sitting of the Board, and on points of order may speak in preference to any Alderman. Rule 5. The Mayor shall decide all questions of order. But from his decision an appeal may be taken, which appeal shall be decided without debate. And the question to be put shall be, “Shall the decision of the Mayor stand?” Rule 6. When any Alderman is about to speak, to make a motion, or deliver any matter, or make a report, he shall rise to his feet and address the Mayor. Rule 7. If in speaking, or in any other way, an Alderman should violate any rule, the Mayor shall, or any Alderman may call him to order, and in such case he shall sit down unless per- mitted to explain. Rule 8. When two or more Aldermen shall rise to speak at the same time, the Mayor shall decide who is entitled to speak. Ri le 9. No Alderman shall speak more than twice on the same subject, except by permission of the board. Ri le 10. When a motion is made, it shall be stated to the board by the Mayor, if verbal. If in writing, it shall be read by the Secretary, and on the request of the Mayor, or any Al- derman. all motions shall be put in writing. When so stated or read, the Mayor shall put all motions to the vote of the Aider- men. Rule 11. All motions, resolutions, and ordinances shall be •open to three amendments, and no more, unless this rule is sus- pended by a two-thirds vote. Rule 12. In all cases where an amendment is offered, the question shall be first put. “Shall the amendment be allowed ? v And if it is allowed, then the question shall be taken on the mo- tion, resolution, or ordinance as amended. Rule 13. If the amendment be lost, then the original mo- tion. resolution, or ordinance shall be put upon its passage. Ri le 14. A motion to adjourn shall be always in order, and shall be decided without any debate. Rule 15. The previous question shall have precedence over all other motions, except a motion to adjourn and to lay on the table, and shall, if sustained, preclude all debate and all amend- 64 CIVII. CODE. merits, and shall be'put in this form; “Shall the main question be now put?” Rule 16. Any Alderman may call for a division of the ques- tion when it will admit of a division. Rule 17. Any Alderman having voted with the majority on any question, may move for a reconsideration of the question at that meeting, or at the next succeeding meeting of the Board. Rule 18. The Mayor shall appoint all committees unless otherwise provided for, and the one first named shall be the chairman of such committee. Rule 19. In all questions of the appropriation, expenditure, or payment of money, in all elections, in all cases where the aves and noes are called for, and in all cases where the Board is equally divided, the Mayor shall be required to vote. In all oth- er cases he may or may not vote, at his option. Rule 20. The Clerk shall record the ayes and noes when- ever taken. Rule 21. The Mayor, or any member of the Board, shall have the right to have his protest to the passage of any measure entered on the minutes, if it is in respectful language, of which the Board shall judge. Rule 22. Nothing shall be introduced as a rider which is not pertinent to the subject of the ordinance. Rule 23. On all questions of filling blanks, the largest sums and most remote day shall be first put. Rule 24. A majority of anv committee shall be sufficient to act. Rule 25. All resolutions and ordinances for the repeal or change of an existing ordinance shall lie over till tne next meet- ing, unless by unanimous consent, when it may be put upon its passage at once. Rule 26. The Mayor may at any meeting call an Alderman to the chair for the time being. Rule 27. If the Mayor or any Alderman, shall willfully vio- late any of these rules, he shall suffer such censure as the Board may direct. Rule 28. Any one of the foregoing rules may be suspen- ded by vote of two-thirds of the Aldermen present at any meet- ing of the board. Civil. CODE. 65 CHAPTER VI. THE CITY OFFICERS :THEIR POWERS AND DUTIES Section. 50. City officers : term of office. 51. Oath — by whom administered. 52. Bond — condition and amount. 53. Bond not exhausted by one recovery. 54. Vacancy : temporary and permanent appointment. 55. City officers shall not deal in city script, etc. 56. Inspection of officers’ books. 57. Officer deliver books, etc., to successor. 58. Fines, etc., paid to treasurer. 59. Report of collection of fines, etc. 60. Reports : when made. 61. Officers cannot delegate their authority. 62. Officers required to nominate substitute to Board. Sec. 50. City officer: term of office. — Each officer of the city, elected by the Board of Mayor and Aldermen, shall hold his office until the next election of the Mayor and Aldermen, after his election, and until his successor is qualified, unless oth- erwise provided for, or unless removed by a two-thirds vote of the Board. Sec. 51. Oath , by whom administered. — Each officer of the city, elected by the Board of Mayor and Aldermen, shall, before entering - upon the discharge of the duties of his office, appear before the Mayor and take and subscribe an oath, to be by the Mayor administered, to faithfully and honestly perform the iluties of his office, to the best of his skill and ability, with- out favor, affection, or partiality. Sec. 52. Bond , condition and, amount thereof. — The fol- lowing officers shall each, before entering upon the discharge of the duties of his office, give bond, with good security, to be ap- 66 CIVIL CODE. proved by the Mayor, payable to the Mayor and Aldermen of the City of Tuscaloosa, and conditioned to faithfully discharge all the duties of his office: — The Mayor shall giv e bond in the sum of one thousand dollars to be approved by the Judge of Probate of Tuscaloosa County. The Marshal shall give bond in the sum of one thousand dollars. The Tax Assessor shall give bond in the sum of one thousand dollars. The Tax Collector shall give bond in the sum of two thous- and dollars. The Treasurer shall give bond in the sum of five thousand dollars. The City Sexton and the City Policemen shall give bond in the sum of one hundred dollars. Provided, That the Board may, in its discretion, exempt any of said officers from giving such bond. Sec. 53. Bond, not exhausted by one recovery . — Neither of said bonds shall he discharged by one recovery thereon, but successive recoveries may be had thereon till the whole amount of the bond is exhausted; and if the whole amount of any of said bonds shall he exhausted by recoveries thereon, then it shall be the dutv of the Board of Mayor and Aldermen to require such officer to execute a new bond with good securities, payable and conditioned as the first, and if he shall fail to give such new bond for five days after notice that the same is required of him, he shall he removed from his said office. Sec. 54. Vacancy , temporary and permanent appoint- ment. — If any vacancy should occur in any of the offices of the City, the Mayor shall, if necessary, appoint some one to fill it until the next meeting of the Board, when the Board shall pro- ceed to elect some one to fill such vacancy, and the officer so elected shall take the oath, and give bond with security as herein before required. CIVIL COLL. 67 Sec. 55. City officer shall not deal in city script , etc . — No officer of the City shall purchase or sell any city script, cer- tificates of indebtedness, warrants, or claims against the city on speculation; and no officer shall loan out or use on his own ac- count, on any pretext, any money of the City in his hands, or on any pretext, pledge or loan out any of the property, notes, bonds, or other securities of the City, except as directed so to do by authority of the Board; and the doing of any -of these things is hereby declared sufficient cause of removal, and such other ac- tion as the Board may deem proper. Sec. 56. Inspection of officer's books. — Every officer or agent of the City shall, at all times when requested, submit his books and official papers to the inspection of the Mayor, or to any person or committee appointed or authorized by the Board to. examine the same. Sec. 57. Officer deliver books , etc., to successors. — Every officer or agent of the City, on going out of office, shall deliver over to his successor, or to the Mayor, all books, papers, ac- counts, tools, instruments, and everything pertaining to his office. Sec. 58. Fines , etc., paid to Treasurer. — It shall be the duty of any officer of this City, who is charged with the duty of collecting, or who collects any fine, fee, forfeiture, tax, license, due. or any other money on account of said City, to pay the same to the City Treasurer as soon as practicable after its receipt and to take his receipt therefor, specifying t'he date, amount, and on what account said money is received. Sec. 59. Report of collection of fine, etc ■ — It shall be the duty of any officer of this City, who is charged with the duty of collecting, or who collects any fine, fee, forfeiture, tax, license, due, or any other money on account of said City, to report the same. *in writing, to the Board at their next regular meeting after said collection, and to specify the date, amount, and on what account said money was' received. Sec. 60. Reports: when made. — Unless it is otherwise specially provided, all whose duty it is to make reports, shall 08 CTVII, CODE. make such reports every month, to the regular meeting of the Board of Mayor and Aldermen ; and the Secretary, Treasurer, Assessor, and Collector shall also be required to make, in addi- tion, a joint report at the end of each municipal year, of all re- ceipts and disbursements, which reports shall be under the su- pervision of the committee on finance. Sec. 6i. Officers cannot delegate their authority. — The City Marshal, Secretary, Treasurer, Assessor, Collector, or any other officer or agent appointed or to be appointed by the Board of Mayor and Aldermen, shall not have the power to delegate the authority or any part thereof conferred upon him by virtue of his office or agency. , A Sec. 62. Officers required to nominate substitute to board. — In case of the sickness or absence of any one of the said officers or agents, or in the event of the duties of his office or agency rendering an assistant, deputy, or substitute necessary, it shall be his duty to nominate such assistant, deputy, or sub- stitute in writing before the Mayor; and if such nomination is approved, the person so nominated shall have authority to act as such officer’s or agent’s assistant, subject to his direction and control; but if his nomination is not approved, he shall not have the authority to act. This section does not infringe upon the right of the Mayor to suspend or remove any policemen. CIVIL CODE. 69 CHAPTER VIII. THE MAYOR: HIS POWERS AND DUTIES. Section. 63. The Mayor : his powers and duties. 64. Preside at meetings. 65. Sign contracts, etc. 66. Administer oath and approve bond. 67. Holds Court. ' 68. Issues warrants, writs, etc., and punishes for contempt. 69. Defendant must have trial. 70. Imposes penalty or remits penalty. 71. When penalty not fixed by law. 72. Supervises officers of city. 73. May suspend marshal, etc., and make temporary appointment. 74. Communications to Board. 75. May increase police force. 76. Police force appear before him. 77. May require citizens to aid police. 78. May contract limited debts. 79. May admit defendants to bail. 80. Jurisdiction of Mayor as justice and notary. 81. May prohibit sale or giving away of liquor. 82. May offer reward. 83. Sign drafts and affix warrant to tax list. 84. Appoint and discharge policemen. 85. Must keep docket. 86. Must suppress riots and disorderly conduct. Sec. 63. The Mayor: his poivers and duties . — The Mayor shall have the following powers,' and perform the following du- ties, in addition to the other powers and duties imposed upon him by the Charter of the City. Sec. 64. Preside at meetings • — He shall preside at all meetings of the Board, preserve order, and see that the business is done in an orderly manner. TO Civil. CODE. Sec. 65. Sign C07itracts , etc. — He shall, unless otherwise provided for, sign in behalf, and in the name of the Board, all contracts and agreements made by the Board, and shall see that such contracts and agreements shall be faithfully executed and carried out on the part of those contracting with the City. Sec. 66. Administer oath and approve bond. — He shall have the power, and it shall be his duty to administer the oath of office, to and approve the bonds of each of the officers of the City, of whom such is required. Sec. 67. Holds court. — It shall be his duty to hold a court each day in the year, or as often as may be necessary, except Sundays, for the purpose of trying and determining every cause brought before him. Sec. 68. Issues warrants , writs , etc., and, punishes for contempt . — Upon proper complaint, information, or report, he shall have the power and it shall be his duty to issue all warrants, writs, writs of arrest, summons, subpoenas, executions, scire facias , and all other needful process, and all and any such as is or shall be authorized by the laws of the State, or laws and or- dinances of the City, whether original, mesne, or final, and in issuing any warrant it shall not be necessary to name the in- former, complainant, or prosecutor. And he shall have full pow- er to punish for contempt in the same manner and under the same rules and regulations prescribed by the Code of Alabama in reference to the punishment for contempt by Justices of the Peace. Sec. 69. Defendant must have trial • — In all cases brought before the Mayor he shall give the defendant a speedy, fair, and impartial trial. Sec. 70. Imposes or r em, its penalty . — In cases in which a defendant shall be convicted on such trial, and the fine, or fine or imprisonment, or work for the city is fixed by any ordinance, it shall be his duty to impose such fine, or fine and imprisonment, or work for the city; but in his discretion he may remit such portiomof the fine, or fine and imprisonment, or work, as he may deem proper. CIVIL CODE. 71 Sec. 71. When penalty not fixed by law.— When the fine or work or imprisonment is not fixed by law, then it shall be his duty to impose such as the case in his best judgment re- quires. Sec. 72. Supervises officers of city. It shall be his duty at all times to supervise the conduct of each of the officers of the city, and see that each one shall faithfully discharge all the du- ties of his office. Sec. 73. May suspend marshal , etc., and, make tempor- ary appointment. — He shall have power, foi good and suffi- cient cause to suspend the marshal, any policeman, or superin- tendent or overseer of the streets until the next meeting of the Board, and it shall be his duty to report such suspension and the cause thereof to the Board at its next meeting; he shall, if nec- essary, appoint an officer to act instead of the one suspended until the next meeting of the Board. Sec. 74. Communications to Board. — He shall from time to time, make written communications to the Board, showing the physical condition of the City, its wants and necessities, with his suggestions for the remedy of an}' evil shown to exist. Sec. 75. May increase police force . — When it shall be necessary for the preservation of the peace and good order of the City, he shall have power to increase the police force of the City; but such increase shall continue only until the next meet- ing of the Board, when he shall make a report of his action and the cause thereof. Sec. 76. Police force appear before him.— He shall have power to require the whole police force, or any part of it, to ap- pear before him, night or day, and to give them such orders and instructions as may be best calculated to preserve the peace, good order, or quiet of the City, when violated, or violence is threatened, or apprehended on good grounds. ‘ Sec. 77. May require citizents to aid police. — He shall have power to require any citizen of the City, between the ages of twenty-one and fifty years, to aid the police force in the exe- cution or enforcement of any law of the State, or any law or 72 CIVIL CODE. ordinance of the City, and any person refusing to obey, shall be reported, tried, and fined. Sec. 78. May contract limited debts. — He shall have pow- er, without an order of the Board, to contract debts against the City to an amount not greater than two hundred dollars per month, for the purpose of buying and repairing the carts and gear, buying new tools, and repairing old ones, shoeing the mules, and for fuel and lights for the City Hall, and for no oth- er purpose whatever: should any articles be so bought, a written report thereof must be made to the next meeting of the Board. Sec. 79. May admit defendant to bail. — On the continu- ance of any cause before him, he shall have power to admit the defendant to bail, upon his giving bond with two good securities, to be approved by the Mayor, payable to the Mayor and Aider- men, in such sum as may be just, not less than twenty dollars, conditioned that defendant shall make his personal appearance before the Mayor on the day to which the cause is continued, to answer the charge upon which he was arrested, and from day to day until legally discharged. Sec. 80. Jurisdiction of mayor as justice and notary . — The Mayor has, within the City and County of Tuscaloosa, all authority and jurisdiction of a notary public, and justice of the peace in reference to offenses against the laws of the State; and the forms of warrants, commitments, and other process issued by him, and all other proceedings had before him while in the exercise of such authority and jurisdiction, shall be the same as are now, or shall hereafter be provided by the laws of the State in relation to justices of the peace. Sec. 81. May prohibit sale or giving away of liquor . — He is authorized to prohibit the sale or giving away of spirituous, vinous, or malt liquors of any kind, by any liquor dealer, or mer- chant of the City, for the space of twenty-four hours, whenever he may think it necessary for preventing a disturbance of the peace of the City. Sec. 82. May offer reward . — He has power, whenever in his judgment, it may be expedient to offi^r a reward, of not ex- CIVIL CODE. 73 ceeding fifty dollars, to any person, not an officer or employee of the City, who may be instrumental in arresting and convict- ing an offender. Sec. 83. /Sign drafts and affix warrant to tax list. — The Mayor shall sign all drafts upon the Treasurer for appropriations made by the Board, and shall affix his warrant to the tax list, as required by section 43 of the Charter, and section 130 of the Or- dinances, on or before the first day of July of each year. Sec. 84. Appoint and discharge policemen- — The Mayor shall have power to appoint, and may for cause discharge all policemen, or other employees of the City, whose appointment is not etherwise provided for by the Board. Sec. 85. Must keep docket. — The Mayor shall keep a dock- et of all causes tried before him, in which must be entered the names of the parties the character of the offense, the return of the officer, and the entry or judgment, specifying the amount of the same and the day of its rendition, and such other orders as may be necessary. Sec. 86. Must suppress riots and disorderly conduct . — It shall be the right and duty of the Mayor to suppress all af- frays, riots, and unlawful assemblies, and all lewd, indecent, pro- fane, boisterous, riotous, or disorderly conduct within the City; to do which he may summon to his aid as many of the male in- habitants thereof, as he may think proper. 74 CIVIL CODE, /, CHAPTER VIII. THE CITY SECRETARY. Section. 87. The Secretary : his powers and duties. 88. Must attend meetings and keep minutes. 89. Must record ordinances. 90. Must record reports. 91. Indexing and marginal notes. 92. Must record bonds. 93. Take charge of books and countersign drafts. 94. Must issue licenses. 95. Keep license book. 96. Account with tax collector. 97. Account with marshal. 98. Account with treasurer. 99. Accounts analysed and arranged each month. # 100. Bonds, etc., deposited with treasurer. 101. Attend to printing and stationery. 102. Other duties. Sec. 87. The Secretary : his powers and duties ■ — The Secretary of the City shall have the following powers and per- form the following duties. Sec. 88. Must attend meetings and. keep minutes . — It shall be his duty to attend all meetings of the Mayor and Aldermen, and at each meeting to enter in a well bound book all the pro- ceeding of the Mayor and Aldermen held at that meeting, which book shall be called and labelled The Minute Book of the Board. Sec. 89. Must record ordinances. — When any ordinance shall be adopted by the Mayor and Aldermen, he shall put the appropriate number on it, beginning with the number succeed- ing the last section of this Code, and make an entry in the min- ute book, showing that such ordinance, giving its date, title and number, was adopted on that day. He shall also record every ordinance so adopted in a well bound book, kept for such pur- poses, and labelled The Ordinance Book of the Board. CIVIL CODE. 75 Sec. 90. Must record reports . — He shall keep a book, to be called and labelled, The Book of Reports. In this book he shall record as soon as practicable, the reports of the Tax Collector, the reports of the Treasurer, the reports of the Marshal, the re- ports of the Sexton, and any reports made by any other officers of said City, and if any*of said original reports be lost or mis- laid, the copy as made shall be evidence of the contents of such reports. Sec. 91. Indexing and marginal notes . — Each of said Minute, Ordinance, and Reports Books shall have an alphabeti- cal index in the beginning thereof, and marginal spaces on each page for noting the transactions therein recorded; and it shall be the duty of said Secretary to fill out said marginal spaces, and transfer his said notes to the said index, as early as practicable, after making said records. Sec. 92. Must record bonds ■ — The Secretary shall record each of the bonds, given by the officers of the City of Tusca- loosa, in a well bound book to be kept by him, and called and labelled Officer’s Bond Book, and should any of said bonds be lost or destroyed, a copy thereof made by the Secretary shall be evidence as fully as the original would have been. Said bonds shall be by the Secretary carefully preserved, and said book shall be by him indexed. Sec. 93. Take charge of books and countersign drafts . — He shall take charge of and preserve all the books, papers, and records belonging to the City, and shall countersign all proper and lawful drafts of the Mayor upon the Treasurer. Sec. 94. Must issue licenses . — He shall have power, and it shall be his duty, on application, to issue all licenses required by the ordinances of the City, on the delivery to him of the receipt of the City Collector, showing that the amount due for such li- cense has been paid, and the payment to him of his fee for issu- ing the same. Said license shall be regularly numbered by him in the order in which they are issued. Sec. 95. Keep licerise book. — He shall keep a stub book, to be called and labelled, The License Book, in which he shall enter each license, to whom granted, for what length of time, 70 CIVIL CODE. and what business or pursuit, and the price paid to the City Collector therefor, and number it, and this entry he shall make as soon as he shall issue the license. Sec. 96. Account with tax collector. — He shall keep an account with the Tax Collector for the City. In this he shall charge him with the whole amount of the assessment lists re- turned by the Tax Assessor and the amount paid for each license issued by himself on the Collector’s receipt, for the City. He shall credit him by each sum paid by him to the Treasurer, and by lists of insolvency and errors allowed by the Board, and to ascertain this he shall examine the Treasurer’s report, and any receipt of the Treasurer produced by the Collector. Sec. 97. Account with marshal. — He shall keep an account against the Marshal. In this he shall charge him with all sums of money belonging to the City received by the Marshal, and credit him by all sums which he shall pay to the Treasurer. Sec. 98. Account with the Treasurer. — He shall keep an account with the Treasurer of the City. In this he shall charge him with all the money of the City received by, or paid to him, and shall give him credit by all sums paid out by him, oh prop- er warrants drawn and duly signed thereof, and to ascertain these facts he shall examine the reports of the Treasurer, Tax Collector and other officers, and vouchers produced. Sec. 99. Accounts analysed and arranged each month . — He shall, on the tirst day of each month, analyse and arrange, as the finance committee may direct, all accounts presented against the City, so that the same may be examined and audited by said committee prior to the regular monthly meetings of the Board. Sec. ioo. Bonds, etc deposited with Treasurer. — Incase of necessity, he shall transfer to the Treasurer for safe keeping, all bonds, books, and valuable papers, and the seal belonging to the corporation, that may come into his possession. Sec. ioi. Attend to printing and stationery. — He shall execute the orders of the Board in regard to the publication of Laws, Ordinances and Notices, and under the direction of the Finance Committee shall have printed all blanks, and purchas- ed all stationery, required by the officers of the City. Sec. 102. Other duties • — He shall perform such other duties as are or may be required of him. CIVIL CODE. i «Sa i i is ft 77 CHAPTER IX. THE MARSHAL AND POLICEMEN. Section. 103. The Marshal : his powers and duties. 104. Must attend meetings and courts, and be in charge of city hall. lQfi. When policemen detailed in his stead. 106. Head of city police. 107. Must execute writs, etc. 108. Powers of sheriffs and constables. 109. Arrest violators of the law. 110. Arrested persons carried before Mayor. 111. May take bond from arrested person. . 112. Disorderly persons locked up. 113. Collect fines, etc. 114. Shall search out and remove nuisance. 115. See that license laws are complied with. 116. Shall act as street overseer. 117. Custodian of grounds and buildings. 118. Shall store powder in magazine. 119. May summon posse. 120. Appointment and discharge of policemen. 121. Authority of policemen. Sec. 103. Tfye marshal: his 'powers and duties. — The Marshal of the City of Tuscaloosa shall have the following pow- ers and perform the following duties, in addition to such other powers and duties as may be conferred upon him by law. ‘Sec. 104. Must attend meetings and courts , and he in charge of City Hall • — The Marshal shall ring the bell for and attend all meetings of the Board of Mayor and Aldermen, and all sessions of the Mayor’s court, and see that the City Hall is supplied with lights, fires, and other necessaries. And he shall report anv derangement in the running of the city clock to the Mayor. Sec. 105. I Vhen.policeman detailed in his stead. — Should official business call him off during the sitting of the Board, or of the court, he shall require a policeman to attend the same in his place, who shall be empowered to perform all the duties re- quired of the Marshal. Sec. 106. Head of police- — The Marshal shall be the head of the police of the city, and as such it shall be his duty, without fear or favor, to require and to see that each policeman shall do his whole duty ; and he shall exercise a general and particular care and guardianship over tho peace, safety, and good order of the city. Sec. 107. Must execute writs , etc. — He shall execute, with- out delay, all the lawful ordinances, resolutions, by-laws, and or- ders of the Board of Mayor and Aldermen, and all writs, writs of arrest, warrants, summons, executions, rules, attachments, no- tices, scire facias , and all other process original, mesne, and final, which may be issued by the Mayor, and sell property un- der execution, and make title to the property so sold. Sec. 108. Powers of sheriffs and constables. — In the dis- charge of any of the duties above imposed he shall have all the rights and powers that Sheriffs and Constables have, and be en- titled to all the protection, privileges, and immunities that they are entitled to; and his authority as such shall extend within the corporation of the City of Tuscaloosa, and within one mile thereof- Sec. 109. Arrest violators of the law ■ — He shall have pow- er, and it is made his duty, to arrest all persons who violate the penal laws of the State in this city, and who violate any ordin- ance of the City, and such arrests shall be made as is provided in another section of this Code. Sec. 110. Arrested persons carried before mayor. — When- ever any person is so arrested, the Marshal shall carry such person before the Mayor, for examination and commitment fora violation of a State law, or for trial for a violation of an ordin- ance of the City. Sec. tii. May take bond from arrested' person. — When- ever the Marshal shall arrest any person charged with an offense, CIVIL COD L. 79 such person may be, released at the discretion of the arresting officer, on bond as is elsewhere provided. Sec. i 12. Disorderly persons locked up. — The Marshal shall place in the guard house, and safely keep therein, all riot- ous and disorderly persons, who may be apprehended by him, or by the city police, and take them before the Mayor at the time of holding court. Sec. i 13. Collect dues , etc. — The Marshal shall collect all fines, forfeitures, and penalties that may be imposed or inflicted b) the ‘Mayor, and pay the same to the Treasurer, taking his re- ceipt therefor ; and shall make a report of such collections at each meeting of the Board. Sec. i 14. Shall search out and, remove nuisance. — It shall be the duty of the Marshal to search out and remove nuisances, if within his power, and if not to report the same to the Mayor; he shall also, within the fire limits, search out and report to the Mayor, all cases where danger from fire may exist. Sec. 115. See that license laws are complied with. — It shall be the duty of the Marshal to see that all persons liable thereto, . have taken out licenses, and to report those neglecting or violat- ing the license laws to the Mayor: and he shall see that all ped- dlers and transient dealers comply with the laws and ordinances concerning them. Sec. 1 16. Shall act as street overseer. — The Marshal, un- der the direction of the street committee, shall act as superinten- dent of streets, and in the absence of a special overseer, shall su- perintend all improvements and repairs thereof. He shall prompt- ly report to said committee all cases that come to his knowledge, requiring speedy action, and shall have charge of all tools and implements belonging to the city, and be responsible for their efficiency and safe keeping. Sec. 117. Custodian of grounds and buildings . — The Marshal, under the direction of the public grounds and buildings committee, shall act as custodian of the grave yard, public build- ings, and grounds. He shall report to said committee all repairs needed on said buildings and grounds, and cause the same to be made as they may direct. Sec. i 18. Shall store powder in magazine — The Marshal, at the powder magazine, shall receive, mark, and safely keep all powder offered for storage, and deliver the same to the owner when called for \ provided, that application is made between sunrise or sunset; but in no case shall he deliver on Sunday, or at night. Sec. 1 19. May summon posse. — In executing any of the duties of the Marshal, he shall have power to summon to his aid any male citizen of the city, between the ages of twenty-one and sixty. Sec. 120. Appointment and discharge of policemen. — The city police shall consist of such number as may from time to time be determined by the Board of Mayor and Aldermen, and shall be appointed and discharged by the Mayor, unless otherwise provided. Sec. 12 1. Authority of policemen. — Each policemen of the city shall have the power and authority conferred upon the Marshal of the city by the charter and ordinances thereof, sub- ject to the direction and control of the Mayor, who shall pre- scribe the rules and regulations for their exercising the duties herein required, and under the supervision of the Marshal. Civil. CODE. 81 CHAPTER X. THE TAX ASSESSOR. Section. 122. Assess taxes and make lists. 123. Notice of sessions. 124. Duty of tax payers. 125. When assessor must assess taxes. 126. False or fraudulent list. 127. Assessment book. 128. Objections and exceptions to assessments. 129. Hearing exceptions by the Board. 130. Levy of taxes. 131. List delivered to collector. Sec. 122. Assess taxes and make list . — The Assessor shall, each year, between the fifteenth day of April, and the first day of May, make a full and complete assessment of all the taxable property, real and personal, and other items of taxation, in the city, and a complete list of all the persons liable to street or poll tax. Sec. 123. Notice of assessors. — The Assessor shall give ten days’ notice of the time and place of making said assessment by publication in some newspaper published in said city, and at the sessions for such purpose he shall receive from the citizens, under oath, a correct list and estimate of the value of all prop- erty, and also of polls, subject by the laws of the city to taxation. Sec. 124. Duty of tax payer. — It shall be the duty of all persons liable to taxation to attend at the place and within the time designated in such notice, and to render to the Assessor a complete list of all the property and items of taxation upon which he is liable to be taxed, and the Assessor shall enter such prop- erty and other items of taxation upon a blank assessment list, which shall show the property and other items of taxation as- 82 CIVIL CODE. sessed, and the amount or value of each item as assessed by the Assessor, and the tax payer shall subscribe an affidavit thereon that such assessment contains a correct list of his taxable prop- erty and other items of taxation, according to the best of his knowledge and belief, which oath may be administered by the Assessor. Sec. 125. When assessor must assess taxes. — After the expiration of the time so appointed by the Assessor, as herein before provided, the Assessor shall make a demand in person upon such tax payers as have failed to render their lists within said time, and if the Assessor is not able to find such tax payers by the first day of June, or if any person shall fail or refuse to render to the Assessor such list of his taxable property and oth- er items of taxation before said first day of June, the Assessor shall ascertain from inquiry, or otherwise, the property and oth- er items of taxation upon which such person is liable to be taxed, and shall assess the same according to the best of his informa- tion and judgment, and shall make a note of the fact in the assess- ment returned by him. For making such assessment, as is in this section provided, the Assessor shall be entitled to a fee of one dollar, which shall be added to and collected with the tax assessed. Sec. 126. False or fraudulent lists. — If the Assessor is satisfied that the list rendered by any tax payer is false, or fraud- ulent, or incomplete, he shall notify the tax payer to that effect, and assess the property and other items of taxation of such tax payer, according to the best of his information and judgment, and shall make a note of such fact in the assessment. For correcting such assessment, as is provided in this section, the Assessor shall be entitled to a fee of one dollar, which shall be added to and collected with the tax assessed. Sec. 127. Assessment booh. — The assessments made by the Tax Assessor, and the list of persons liable to street or poll tax, shall be entered by him in a book suitably ruled and substantial- ly bound, which shall show in separate columns the names of the persons assessed in alphabetical order, the real estate assess- CIVIL CODE. 83 ed to each person and the value of the same, and the number and kind, and value and amount, of every species of taxable property or other items of taxation assessed to each person. Said book shall also show the whole amount or value of each separate item of taxation entered therein — distinctly setting forth the whole value of real estate in the city assessed, the total value of the personal property assessed, and the total amount of other items of taxation. Sec. 128. Objections and exceptions to assessments. — The assessments and assessment book provided for by the preceding section, shall be returned to and deposited with the Mayor on or before the first day of June in each year: and the city Secre- tary must, without delay, give notice by publication for not less than ten days in some newspaper published in said city, that the book of assessment of city taxes is ready and open to the inspec- tion of all persons interested, and that all objections or exceptions to the assessments must be made in writing within the first three weeks of the month of June, or within thirty days from the as- sessment thereof. All objections or exceptions to the assess- ments must be made in writing, and filed with the Mayor with- in said time, and it is his duty to lay them before the Board, and the person making the same may appear before the Board in person or by attorney. Sec. 129. Hearing exceptions by the Board. — At the first regular meeting, or at a special meeting to be called for the pur- pose b} the Mayor, during the month of July, of which the city Secretary shall give ten day’s notice by publication in some newspaper published in said city, the Board of Mayor and Al- dermen shall take up, hear, and determine the said objections and exceptions filed, and shall examine the said assessment book, and in case errors are found, shall cause the Secretary to enter the said corrections plainly upon the said assessment book. Sec. 130. Levy of taxes. — As soon as said corrections are made, or if no errors are found, as soon as said examination is completed, the Board shall determine the taxes to be levied for the current year, on the property and other items of taxation in / 84 Civil. CODE. the city, and the amount to be assessed as a street tax or poll tax upon persons liable thereto, and shall cause the Assessor, under the supervision of the Board, to enter upon said assessment book, opposite the name of each person, the tax assessed upon his sev- eral items of taxation, including the street or poll tax, and any special assessment of taxes, and the total amount of taxes assess- ed against him; and also to calculate and enter upon said book the aggregate amount of all the taxes so assessed. And when said entries have been examined, and when necessary, corrected by the Board, the Mayor shall make and sign a certificate upon or appended to said assessment book, that the same has been ex- amined by the Board, and all necessary corrections made there- in, and that the taxes therein shown and assessed have been duly levied by the Board of Mayor and Aldermen for the current tax year, which certificate shall be attested by the Secretary. The assessment book, so certified, must be deemed the original as- sessment book, and shall remain in the custody of the city Secretary. v Sec. 13 i . List delivered to collector. — Within two weeks after said assessment book has been corrected, the Secretary shall give the Collector a list of the tax payers, and the amount of tax due from each, any special tax being shown separately, as shown by said book. CIVIL CODE. 85 CHAPTER XI. THE TAX COLLECTOR. Section. 132. Public notice of when taxes are due. 133. Escaped taxes. 134. What collector chargeable with, and how released. 135. List of errors and insolvencies. 136. Property sold after November first. 137. Deed of Tax Collector. 138. Deeds recorded by Secretary. 139. Deeds recorded in probate office. 140. Deeds pritoia facie evidence in suit. 141. How real estate thus sold may be redeemed. 142. Relinquishment of possession. 143. Notice to purchaser. 144. City purchases property in default of sufficient bid. 145. Excess of sale paid to owner. 146. Report of Collector. 147. May sell for past taxes. Sec. 132. Public notice of when taxes are due. — Upon re- ceiving the said tax list of the city, the Collector shall give notice in some newspaper published in said city, for thirty days, that the city taxes for the year are required to be paid him on or be- fore the first day of October, next ensuing; and of the time and place he will attend from the first day of September to the first day of October for the purpose of receiving taxes. After the first day of October the Collector shall make a personal demand upon such tax payers as have not paid their taxes, and, when un- able to find them, shall leave a written notice at the place of residence of such tax payers, and he shall be entitled to collect as his fee one dollar for making such demand or giving such notice. Sec. 133. Escaped taxes - It shall be the duty of the Collector to assess the taxes of such persons as have escaped the Assessor, CIVIL CODE. 8G entering up all such assessments in the back part of the book of assessments of each year, and to collect the same as other taxes. Sec. 134. What collector chargeable with , and how re- leased. — The Collector shall be charged with and accountable for the whole amount of taxes assessed for each year, as shown by the assessment book, and with the taxes of persons escaping the assessor and assessed by the Collector, and with the penalty incurred by delinquent tax payers, and with all other taxes or dues from all other sources owing the city, collected or legally collectible by the Collector; and he shall only be* released from such liability by showing the entire insolvency of the person whose taxes he has failed to collect, and that the amounts charged against him cannot be collected by the utmost diligence and the use of all the means given by law. Sec. 135. List of errors and insolvencies. — The Collector shall report to the Board at their first regular meeting in Feb- ruary of each year, on oath, a list of persons out of whom he is unable to make the taxes for the current year of taxation, which shall be termed ‘ k the list of insolvencies;” and also another list, of such persons as have been overcharged in the assessment, which list shall be termed “the list of errors in assessment;”and the Board, after examining such lists, shall give him credit for such amount of insolvencies and errors of assessment as said Board shall allow. Sec. 136. Property sold, after November first. — After the first day of November of each yea'-, the Collector shall proceed, without delay, to levy upon any personal property of delin- quent tax payers — such as have not paid their taxes — and if no personal property of a sufficient amount can be found, he shall levy upon the real estate of such delinquent, and shall give no- tice by advertisement in some newspaper published in the city of Tuscaloosa, for four weeks, which notice shall describe the lot or lots, or part or parts of the same by number, on which said tax was levied, and give the name of the person to whom assessed, or state that the owner is unknown, and also the amount of the tax assessed, and what amount is due and unpaid on said property, and for what year or years it is due, and shall also CIVIL CODE. 87 state that the Tax Collector, will on a certain day, at the Court House door of said County, proceed to sell each of said lots up- on which the taxes and dues shall not have been paid, or so much thereof as shall be sufficient to pay the same on the appointed day; and on such day, unless the Tax Collector for good cause shall adjourn the sale to some other day, not longer than ten days from the time appointed, and then on that day shall proceed to sell any of said lot or lots on which the taxes overdue still re- main unpaid, or so much thereof as will be sufficient to satisfy the taxes assessed, and the costs incurred in advertising and mak- ing a deed to the purchaser thereof. Sec. 137. Deed of the tax collector. — The Tax Collector shall give the purchaser at tax sales a deed in substance as fol- lows: — The State of Alabama ) County and City of Tuscaloosa, j Know all men by these pres- ents, that I, as Tax Collector of the city of Tuscaloosa, do hereby certify, that the city taxes for the year 18 , (or the particular tax as the case may be), being due and unpaid on a lot of land in said city, numbered in the plan thereof as lot num- ber (or the East or West part of lot number , as the case may be), assessed for taxes as the property of (or the own- er unknown), I have this day sold the same (or such part as he may sell), to , who has paid the taxes and dues thereon amounting to dollars, including fee of two dollars for advertising sale and making this deed, and for and in considera- tion of the premises, and the said sum of dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I do bargain, sell, and convey, as Tax Collector, and by these pres- ents have bargained, sold, and conveyed, to the said , the purchaser, the lot or lots above described, together with all its appurtenances, to have and to hold the same unto him and his heirs and assigns forever, unless within two years from the date thereof, the owner or some person interested in said lot, or his agent or attorney, shall redeem the same. In witness whereof, I hereunto set my hand and the seal of the said corporation, this the day of 188 City Tax Collector. 88 CIVIL CODE. Sec. 138. Deeds recorded by Secretary. — The Mayor shall cause the Secretary of the corporation to record each of said deeds in a well bound book to be kept for such purpose, and to affix the seal of the City of Tuscaloosa thereto; the fee of the said Secretary for such work shall be fifty cents, to be paid by the owner of the deed. Sec. 139. Deeds recorded in probate office. — The purchas- er of any lot of land situate in the City of Tuscaloosa, and sold at any tax sale by the Tax Collector thereof, is required to have such deed acknowledged and recorded in the office of the pro- bate judge in said county within six months after the making thereof. Sec. 140. Deeds prima facie evidence in suit . — In any suit or action in law or equity in this State, concerning the title, or the possession of any lot of land situate in this city, sold at any tax sale by the Tax Collector thereof, the deed made to the purchaser of said lot, in substantial compliance with the require- ments of this Code, shall be by said court having jurisdiction of the cause, received as prima facie evidence of a good and suffi- cient title, in law or equity, to the lot or lots of land conveyed in said deed to the purchaser or claimants under them. Sec. 141. Ilow real estate thus sold may be redeemed . — Any lots of land or real estate which have been or may be sold for taxes in the city of Tuscaloosa, may be redeemed within two years from the day of sale, by any person interested therein, who will deposit with the city Treasurer, for the use of the purchas- er, the amount of purchase money including all costs of adver- tising, selling, making deed, and recording the same by Secre- tary of Board and Probate Judge, with twenty per cent, peran- num interest, together with all taxes which may be due to the city on said property, and upon such deposit, if made within two years from the day of sale, the title created by the sale and deed to purchaser herein before provided shall cease and de- termine. Sec. 142. Relinquishment of possession. — When the de- posit mentioned in the preceding section is made, the Secretary of the Board shall give the party making it a certificate thereof, CIVIL CODE. 89 to which the seal of the corporation shall be attached, for which said Secretary shall receive a fee of one dollar; and upon grant- ing said certificate the purchaser at the tax sale, and claimants under him, shall relinquish possession, and if after demand, any person shall fail or refuse to give up possession, they shall be deemed unlawful detainers of said property, and shall be liable as such, in any assessment, action, or suit therefor at the instance of any one entitled to the possession of said lot of land. Sec. 143. Notice to purchaser . — The Secretary of the Board shall, so soon as said deposit is made, notify the purchaser, and pay over to him the purchase money, and all other expenses about said sale and recording said deed, with the twenty per cent, interest thereon, and take his receipt therefor. Sec. 144. City purchases property in default of suM- cient bid • — The Mayor or City Secretary shall attend all tax sales of real estate made under the ordinances of the city, and if the amount bid by other person's for such real estate is not suffi- cient to pay all the taxes due thereon, with all costs and ex- penses of sale, the Mayor or Secretary shall bid off' the same in the name of and for the Mayor and Aldermen of the City of Tuscaloosa as purchaser; and the Collector shall make a deed to said Mayor and Aldermen in the form heretofore prescribed, with such changes therein as may be necessary to suit the facts. The City Marshal shall take possession of all real estate .so pur- chased by the City, and if any person shall resist or molest him in the discharge of said duty, such person shall be subject to a fine of not less than twenty dollars; and the Marshal is author- ized to call on the Mayor for any force or assistance necessary to take and keep possession of said property. Sec. 145. Excess of sale paid to owner. — Whenever the proceeds of the sale of any property for taxes amount to more than the taxes and other charges due, the Collector must pay the excess to the owner, and if the owner is unknown he must pay such excess to the Treasurer and take his receipt therefor. Sec. 146. Report of Collector. — The Collector shall make report of his collections to each regular meeting of the Board, 90 CIVIL CODE. with the date of collection, the names of the persons from whom collected, the amounts from each, and on what account collect- ed, and the amounts and dates of his payments to the City Treas- urer, which reports shall be filed and recorded by the City Sec- retary. Sec. 147. May sell for past taxes . — When any tax payer has heretofore failed, or shall hereafter fail to pay his taxes, and when the Tax Collector shall fail, or has failed to sell the prop- erty of such delinquent tax payer within the time limited, it shall be lawful for such Collector, or any subsequent Collector, at any time thereafter, to sell the property of such delinquent tax payer, after having given the notice required by the laws of the city. Provided , that nothing herein contained shall have the effect to release any Tax Collector and the sureties on his bond from liability for not having sold the property in proper time; and provided further , that if the Tax Collector shall have paid such delinquent taxes, the power of sale herein granted shall not exist or be exercised. Civil. CODE. 91 CHAPTER XII. THE TREASURER. Section. 148 . Receives money and receipts therefor. 149 . General duties. 150 . Manner of keeping books. 151 . Yearly statement. Sec. 148. Receives money and receipts therefor . — The Treasurer shall receive from the Tax Collector of the city, and all the officers of the city, all the moneys belonging to the city, and give to each one a receipt therefor specifying on what ac- count it is paid him, and safely keep the same until he ’pays it out as hereinafter directed. Sec. 149. General duties. — The Treasurer shall pay all drafts signed by the Mayor and Secretary, and no others; he shall receive and safely keep the valuable books and papers be- longing to the corporation; he shall present a balance sheet, with vouchers, to the Board, at every monthly meeting; and he shall keep, in durable books, correct and clear accounts of all moneys received or disbursed by him, which shall belong to the city, and always be subject to examination by the finance committee. Sec. 150. Manner of keeping books. — He shall keep the account of moneys received under the following heads: — licen ses, taxes, street tax , fine ;. s chool fund, and other sources, and shall require the officer depositing, to specify every deposit according to these items. Sec. 15 1. Yearly statement. — At the end of each fiscal year the Treasurer shall furnish the Board with an annual state- ment of the year’s business and transactions. 92 CIVIL CODE. CHAPTER XIII. THE CITY ENGINEER. Section. 152. IIow and when elected. 153. His qualifications. 154. His office, where kept. 155. Has charge and supervision of streets, lanes, alleys, etc. 156. His powers and duties. Sec. 152. How and when elected. — The Mayor and Aider- men, shall, when necessary, elect a City Engineer, who shall hold his office till the next election of Mayor and Aldermen, and until his successor is elected and qualified. Sec. 153 . His qualifications- — No person is eligible to and shall be elected to till the office of City Engineer, who does not present satisfactory evidence that he has studied and understands civil engineering as a science, and is practically acquainted with its details. Sec. 154 . His oiRce , where kept.—^lz shall keep his office in the municipal building, or such other place as the Board may procure for him, and shall keep it open during business hours, unless absent on the business of his office. Sec. 155. Has charge and supervision of streets planes, alleys , etc. — He, subject to the direction and control of the street committee, shall have under his charge and supervision all the streets, pavements, sidewalks, all the lanes and alleys, all the sewers, culverts, ditches, drains, and gutters in the city, now es- tablished as public. Sec. 156 . His powers and duties- — He shall have the follow- ing powers and perform the following duties as such engineer: 1 . He shall make a full and accurate survey of the city, and in doing so he shall make out and define each of the public streets, lanes, alleys, pavements, and sidewalks, giving the width and direction of each. CIVIL, CODE. 93 2. He shall ascertain the ascent and descent of each of them. 3. He shall ascertain the highest point in each of them, and shall ascertain how many points there are in each of them, from which water will flow in different directions, and in what di- rection it flows. 4. He shall ascertain and fix the place of all the sewers, ditches, drains, or gutters necessary to carry oft' all the surface water, and the width, depth, and grade of each of them. 5. He shall mark out each natural water course, give its di- rection, width, depth, and grade, and show whether or not it is sufficient to carry off' all the water. 6. He shall, with the concurrence of the street committee, survey, define, and mark out such new streets as public good may seem to require; and in all cases where the owner or own- ers will give the land necessary, he shall, with their concurrence, establish as public the streets so marked out by him. 7. On the application of any person wishing to build or re- pair a house on the street, or to build or repair a fence, he shall mark out for them the line of the street, beyond which they can- not go, for which he may charge them two cents per foot of the line run by him. 8. When he shall have completed the work above required of him, he shall make a full and complete map of the city, show- ing all the above facts, with notes so copious as to enable the Mayor and Aldermen to understand his map, which map and notes he shall report to them for their approval, which, when approved, shall be the property of the city, and form part of its public muniments and records, which shall be binding on all the citizens of the city. 9. On the application of any person wishing to build a pave- ment, or to repair an old one, he shall mark out such pavement, and give such person the proper grade and width. 10. When it is proposed by the Mayor and Aldermen to open a new street, or to extend or widen an old one, he shall make a 94 CIVII. CODE. survey of such proposed new street, or extending or widening an old one, and make a map of it, giving length, width, direc- tion and grade, and if such new street is established, or old one extended or widened, he shall mark the same on the general map of the city. 11. He shall examine the main sewer of the city, leading from South to North, and decide if the grade thereof be sufficient, and if not, what the grade should be to carry off all the surface water. 12. He shall make all plans, specifications and estimates for all the bridges in the city, or any other and all public works of the city. 13. He shall report to the Mayor all houses, walls, buildings, or any other structure, which are liable to fall and injure any person 14. On the request of any person he shall survey any lot or land in the city, and give a plat thereof, for which he shall be entitled to charge the same fees as are allowed the county sur- veyor for like services. CIVIL CODE. 95 CHAPTER XIV. THE CITY SEXTON AND CEMETERIES. Section. 157. Evergreen cemetery and new graveyard. 158. No interment in any other place. 159. Graves four feet deep. 160. No interment at night without written permission. 161. General duties of Sexton. * 162. Has charge of lots. 163. Keeps register and requires certificate of person buried. 164. Burial of paupers. 165. Digging graves and opening tombs. 166. Fines of physician or Sexton. 167. Neglect of duty by Sexton. 168. Begulations as to lots. 169. Price of lots. Sec. 157. Evergreen cemetery , and new graveyard. — That the lot of land, and fence and gates around it, known as Ever- green Cemetery, and the lot of land, east of the city limits, known as thn New Graveyard, be established as the cemeteries of the city. Sec. 158. No interment in any other place. — No interment of any person shall be made in any other place within said city limits than in the places named. Sec. 159. Graves four feet deep. — No grave, dug within said cemeteries, shall be less than four feet deep. Sec. 160. No interment at night. — No interment of the dead shall be made in the city after the going down of the sun, and before the rising thereof, without written permission from the Mayor, specifying the reasons therefor. Sec. 161. General duties of Sexton. — The Sexton shad have charge of all the grounds, walks, dnives, fences, gates, shrubbery, flowers, ornaments, graves, tombs, tombstones, monu- 96 CIVIL CODE. ments, and other property pertaining to the city cemeteries; present trespasses thereon, and all intrusions upon its lots and squares; report any repairs, he may deem necessary, to the pub- lic grounds and building committee, and superintend all work authorized to be done in the cemeteries. Sec. 162. Has charge of lots • — He shall collect and pay over to the Treasurer, all moneys in payment for lots designate the lots in such manner as to secure them to the person pur. chasing; and report to the Mayor whenever any lot or lots have been purchased, with the name of the purchaser, and the number of the lot. Sec. Keeps register and requires certificate of person buried • — He shall keep a register, of all deaths in the city, and all burials in the cemeteries, giving the name, age, sex, color, place of birth, residence, and date of burial of each, and he shall require a certificate from the attending physician, if any. and if none, of the relatives or friends of any deceased person, of the cause of the death of deceased, before interment. In case of vio- lence, he shall take the certificate of the Coronor in lieu of that of a physician, and he shall furnish the Board once a month a copy of such register, together with such certificate's. Sec. 164. Burial of paupers. — If any person should die in the city without friends or means to pay the expenses of his burial, the Sexton shall have him buried at the expense of the city, and report that fact to the Board at its next meeting. Sec. 165. Digging graves and opening tombs. — He shall attend to the digging of all graves, depositing the dead therein, and filling them up; and shall attend to the opening of all tombs and vaults, depositing the dead therein, and closing them up. Sec. 166. Fines of physician or Sexton. — A fine of ten dollars shall be imposed on any physician, coronor, relative, or friend refusing to give the required certificate, and a like fine shall be imposed on the Sexton for burying an)' person without such certificate. Sec. 167. Neglect of duty by Sexton. — Should the Sexton neglect or refuse to dig or fill up a grave, or improperly treat CIVIL CODE. 97 any dead body, or otherwise fail or refuse to attend to his duties he shall be fined ten dollars by the Mayor, and dismissed from office by the Board. Sec. 168. Regulations as to lots • — No person shall enclose any lot, or parcel of ground in the old part of Evergreen Ceme- tery, except by permission of the Board, nor in the rear part of such cemetery, unless such person shall have purchased from the Board such lot or parcel of ground. Sec. 169. Price of lots. — The prices of lots, in the new burying ground, shall be as follows:- — For lots running north and south up to Nos. 41, 47, and 54, fifteen dollars each, and the re- mainder south, at ten dollars each, and the fractions at five dol- lars each; but these prices my be at any time changed by the CHAPTER XV. THE CITY ATTORNEY. Section. 170. Legal adviser of corporation. 171. Prosecute violators of the law, on notice. 172. Written opinions. 173. Defends officer of city. Sec. 170. Legal adviser of corporation. — The city attor- ney shall be the confidential legal adviser of all persons charged with the; making and administration of the laws and ordinances of the city, and of all persons engaged in the management of the business of the city. Sec. 1 7 1 . Prosecute violators of the law on notice . — He shall, on notice, appear and prosecute all persons arrested for the violation of any municipal law or ordinance. Sec. 173. Written opinions. — When requested, he shall give written opinions, upon all questions of law that may be submitted to him by the Board of Mayor and Aldermen, or by their direction. Sec. 173. Defends officer of city . — Upon the written re- quest of the Mayor, or of the Mayor and Aldermen, he shall defend any officer of the city who may be sued or prosecuted for any act done by him in the discharge of his duties as such officer, and shall perform the other legal duties of the city. 98 CIVIL CODE. CHAPTER XVI. TAXATION AND LICENSES. Section. 174. Persons and property exempt from taxation. 175. Street tax. 176. Amount of tax on real and personal property. 177. Tax for school purposes. 178. Property to be assessed at its cash value. 179. By whom property given in to assessor. 180. To whom assessed, and when. 181. Tax year, commencement and end. 182. Taxes force and effect of judgment. 183. Tax payer must give a list and what it shall contain. 184. Penalties on certain persons for not giving in taxes. 185. Licenses, who shall take out. 186. Receipt, and form of. 187. Who shall issue license. 188. When oath made before Collector. 189. No license transferable. 190. Limited to use of party licensed. 191. Expiration of licenses, etc. 192. Who must take out license, and amount therefor. Sec. 174. Persons and property exempt from taxation . — All persons and property which are now or may be hereafter de- clared to be exempt from taxation under the laws of the State of Alabama, are exempt from taxation under the provisions of this Code. The Board of Mayor and Aldermen have power and authority to exempt from taxation industrial and other manu- factories and enterprises, which may be erected and commence operation within the corporate limits of this city. Sec. 17c;. Street tax . — There shall be annually assessed up- on and collected from every male inhabitant of the city between the ages of eighteen and forty-five, not exempt from taxation by the laws of the State, such sum, not exceeding five dollars, as CIVIL CODE. 99 the Board shall determine, as a street tax. Provided , that any person liable for such street tax, may relieve himself of the same by working the streets of the city for ten days, under the direc- tion and control of the street overseer. Sec. 176. Amount of tax on real and personal property . — There shall levied, assessed, and collected an annual tax of such per centum as the Board may determine for each year, not to exceed one half of on e per centum , on the value of all real and personal estate and property within the city, except such as is exempt kom taxation. Sec. 177. Tax for school purposes. — There shall be levied, assessed, and collected an annual tax of such per centum as the Board may determine for each year, not to exceed one fourth of on e per centum , on the value of the taxable property of the city, for school purposes, which shall be kept and accounted for sep- arate and distinct from the other funds and taxes of the city . Sec. 178. Property to be assessed at its cash value. — All property, real and personal, shall be estimated at its cash value in money, according to the best judgment that the Tax Assessor of the city can form by information, inspection, or otherwise. Sec. 179. By whom property given in to assessor. — The property of every ward shall be listed by his guardian; or every minor child, having no other guardian, by his father, if living; if the father be dead, by the mother, if living; if the mother be dead or married, by the person having it in charge; of the wife ? by the husband, if living and sane, and the parties are living to- gether; if the husband be dead, or insane, or is not living with his wife, by the wife; of every other person for whose benefit property is held in trust, by the trustee; of every deceased per- son, by the executor or administrator; of those whose property or assets are in the hands of receivers, by such receivers; of every firm, company, body politic or corporate, bv the president, prin- cipal accounting officer, or manager, partner or agent thereof; of all persons in the custody of any public officer, by such public officer; of those absent or unknown, by their agent or person hav- ing it in charge; of insane or idiotic persons of full age, by their 100 CIVIL CODE. guardians, if they have any; if they have no guardians, by the person having it in charge, of lessees of real property, by such lessees. All persons required by this Code to list property for others shall list it separately from their own, and in the name of the owner thereof, but shall be personally responsible for the taxes thereon for the year in which they list it, and may retain so much thereof, or of the proceeds of the sale thereof, in their own hands as will be sufficient to pay such taxes. Sec. 180. To whom assessed , and when. — All real and per- sonal property subject to taxation by the laws and ordinances of this city, shall be assessed to the person owning or having possession of the same, on the first day of March of the same year in which the assessment is made, and if the owner of real estate is unknown it is to be assessed as belonging to persons or owner unknown. All property mortgaged or pledged is, for the purpose of taxation, to be taken as the property of the per- son in possession. Commission merchants and pawnbrokers shall be deemed the owners of all property in their possession for the purposes of taxation. Partners may be assessed in then- joint names, and the property of each shall be liable for the whole tax. Sec. 181. Tax yearj commencement and end. — The tax year shall commence on the first day of March in each year, and end on the last day of February of the succeeding year, and, un- less otherwise provided, property shall be given in by and as- sessed to the person owning or having the same in possession on the first day of March of the year for which the assessment is made, and shall be assessed at its cash value on that day. The lien for taxes shall attach on the first day of March to all the property then owned by the tax payer, and on property other than real estate which he may acquire during the year as soon as the same shall be acquired. Sec. 182. Taxes force and eifect of judgment. — All the taxes levied by the Mayor and Aldermen of this city shall have the force and effect of a judgment at law against the individual so assessed, and against the real estate assessed to all “owners unknown,” and the lien of said judgment shall be of the same Civil. CODE. 101 force and effect as if it had been recovered in the circuit court of the County of Tuscaloosa. Provided , that no property shall be exempt from sale to pay said taxes so assessed in this city. Sec. 183. Tax payer must give a list and yohat it shall contain. — That every person of full age and sound mind, and every firm, association, body politic or corporate, shall in each year, within the time hereinafter designated, render to the As- sessor a correct description and complete list of all the real and personal property in said city not exempt from taxation, of which he is the owner or holder, and of all the other items upon which he is liable to be taxed, individually or as guardian, parent, hus- band, trustee, executor, administrator, receiver, accounting offi- cer, partner, agent or factor, and also all moneys or credits held as aforesaid. Said list shall embrace and set forth: 1. An accurate description of each parcel or lot of land, its quantity, whether improved or unimproved, and the value of such lot or parcel. 2. The gross amount of all stocks of goods, wares and mer- chandise, drugs, jewelry, groceries or commodities of any kind on hand and kept or held for sale, to be assessed upon not less than the largest amount on hand at any one time during the pre- ceding tax year. Provided, , That any goods, wares, merchan- dise, drugs, jewelry, groceries or commodities of any kind offer- ed for sale by any dealers, transient or permanent, commenc- ing business subsequent to the first day of May of the year in which the assessment is made, shall become at once liable to the tax, and must be estimated upon the maximum amount there- of. But if such dealer or person shall continue in business dur- ing the succeeding tax year, he shall not be required to pay a tax during such succeeding tax year, upon the stock of goods which was assessed and which he payed tax on the preceding year, but only on the gross amount of stock required by him after such former assessment and before the commencement of the suc- ceeding tax year. 3. The number each of cattle, mules, horses, sheep, goats and hogs over six months old, and their value. 4. Every wagon, carriage and other vehicle, and their value. 102 CIVII. CODE. 5. All tools and implements of whatever description, and their value. 6. All household furniture and its value. 7. All libraries not exempt by law and their value. 8. All jewelry, plate and silverware, ornaments and articles of taste, pianos and other musical instruments, and paintings ex- cept family portraits, and their value. 9. All pistols and guns, bowie knives and dirks, and their value. 10. All cotton gins and cotton presses, and their value. 11. All studs, jacks, jennies and race horses, and their value. 12. All gold and silver watches, and gold safety chains, and their value. 13. All money hoarded, or kept on deposit, subject to order^ either in or out of the State, except funds held subject to drafts in the prosecution of a regular exchange business, 14* All money loaned and solvent credits, from which credits the indebtedness of the tax payer shall be deducted, and the ex- cess only shall be taxed. 15. All money employed in buying or trading in paper, or in regular exchange business, or invested in paper, whether by individuals or corporations, except where the money so em- ployed or invested is otherwise taxed as capital. 16. All shares of stock in any incorporated company, includ- ing herein shares in national banks incorporated or organized under the laws of the United States, and their value. 17. All investments in bonds, except bonds of the United States, and this State, and of this city. 18. All other property, real or personal, not otherwise speci- fied herein or exempt by law from taxation, and its value. 19. The gross amount of premiums received by insurance companies or insurance agents during the year preceding the assessment. 20. The gross receipts during such preceding year of all cot- ton presses or cotton gins, and from the storage of merchandise or produce. CIVIL CODE. 103 21. The gross receipts during such preceding year of lotter- ies and gift enterprises. 22. The gross receipts during such preceding year of express and telegraph companies. 23. The gross receipts during such preceding year of all dis- tilleries. Said list shall also set forth what, if any, portion of the real or personal estate embraced therein is situated in those parts of the city which have been brought within the limits of the corpora- tion since the year i860. Sec. 184. Penalties on certain persons for not giving in taxes . — All managers and agents of insurance, express, and tele- graph companies shall, within the time hereafter designated for the delivery of lists by tax payers to the Assessor, render to the Assessor a full and true statement, under oath, of the gross re- ceipts of their respective offices or agencies for the year ending on the thirty-first day of December preceding the assessment, and the agents of such companies shall pay the tax thereon to' the Collector, and retain the amount out of any money in their pos- session belonging to the company. And when any such com- pany, manager or agent shall fail or refuse to make and render such statement, within the time prescribed, the Assessor shall proceed to estimate upon the best information he can obtain, the gross receipts of such company, office, or agency, during such preceding year, and add thereto one hundred per centum, and the tax shall be assessed on the total amount thus ascertained. In case of the failure or refusal of such manager or agent to ren- der such statement after demand made by the Assessor, the Assessor may renew the demand as often as he may choose, and for each successive refusal or failure to render such statement, such manager or agent shall be liable to a penalty of fifty dollars. And the Mayor, may on conviction of such manager or agent, also forfeit and annul the license of such company or agent. Sec. 185. Licenses: who shall take out . — Any person, firm, company, or corporation who desires to engage in or carry on any profession, trade or business, or to keep any establishment, or to do any act, for engaging in, carrying oh keeping or doing 104 C1VII. CODE. which a license is required by the ordinances of the city, shall make application to the City Collector for license within the time prescribed by law, and shall make oath before such Col- lector when the same is required by any law of the city, and shall pay to the City Collector the amount required by law for such license. Sec. 186. Receipt* and form of. — Upon such payment be- ing made, the Collector shall give his receipt to the applicant for the amount paid for such license, which may be in the follow- ing form: — No . City Collector’s Office. , ,18 To the Secretary of the Board of Mayor and Aldermen of the City of Tuscaloosa: — Sir: has paid to the City Collector dollars for li- cense (here state the nature of the business or occupation, and the length of time for which the license is required and the place where such business is to be carried on), you will there- fore issue a license accordingly. City Collector. Sec. 187. Who must issue license. — Upon presentation and surrender of the receipt to the City Secretary, he must issue the license which shall set forth the name of the person, firm, com- pany, or corporation, the business or profession to be carried on, or establishment to be kept, or act to be done, and the time for which license is to continue: and the Secretary shall be en- entitled to a fee of one dollar for issuing such license, to be paid by the person applying for the same. Sec. 188. When oath made before collector. — In all cases where the amount to be paid for a license depend upon the amount of capital invested, or sales made, or business done, or value of goods or stock, it shall be the duty of the person apply- ing for such license to render to the Collector a sworn statement of the amount of such capital, or sales, or business, or the value of such goods or stock, which oath may be made before the Collector. CIVIL CODE. 105 Sec. 189. No license transferable. — No license shall be transferable, except upon application to the Board of Mayor and Aldermen: nor shall it entitle the holder thereof to carry on any business or profession, or to do any other act than that therein specified. The several members of a partnership shall be treat- ed as but one person in obtaining a license, if the same is obtain- ed in the name of the firm. Sec. 190. Limited to use of party license . — No person li- censed as provided by the ordinances of this city to do any busi- ness, or carry on any trade or establishment, or to do any act in this city, shall at any time allow any other to use his license for the purpose of carrying on any business, trade or establishment, or of doing any act whatever; but such license shall be restrict- ed exclusively to the use and benefit of the party or parties named therein, and his or their employees or clerks, doing busi- ness for him or them. For any violation of the provisions of this section, the Mayor shall cause the license of the party so offending to be forfeited and annulled. Sec. 191. Expiration of licenses, etc. — Except where oth- erwise provided herein, all licenses shall expire on the 31st day of December of each year, and all licenses are to be taken out on or before the 1st day of January, for the whole year; but when a license is not taken out until or after the first day of July in any year, only half the annual license fee shall be required of such person for that year. All licenses issued for one month shall ex- pire on the thirty-first day of such month. All licenses issued for one week shall expire on the Saturday night succeeding their date, at twelve o’clock. All licenses issued for one day shall ex- pire at twelve o’clock on the night of their issuance. Sec. 192. Who must take out license , and amount there- for. — All persons engaged in any trade, business, or profession, or keeping or carrying on any establishment, or other thing, or doing any act in this section specified, shall pay for license there- for as follows: — CIVIL CODE. 106 1. For retailing spirituous, vinous, and malt liquors, - - $ 300 00 2. For retailing spirituous, vinous, and malt liquors at drugstore, 200 00 3. For retailing malt liquors only, - - - 100 00 4. For wholesale dealers in spirituous, vinous, and malt liquors, 100 00 No person shall deal in, or expose for sale any spirituous, vi- nous, or malt liquors, in this City, without first obtaining a li- cense therefor. Such license shall be granted only with the consent of the Board of Mayor and Aldermen, after first obtain- ing license from the State, and upon the payment of all lawful charges. Any person who shall sell or dispose of spirituous, vinous, or malt liquors, in any quantity less than one quart shall be deemed a retailer. Any person who shall sell, or dispose of such liquors, in any quantity of or greater than one quart, shall be deemed a wholesale dealer, and if such liquors are drunk on or about his premises, said dealer shall be liable to the penalty of retailing without license. 5. For dealer in pistols, bowie-knives, and shot guns, or fire arms and knives of like kind and description, 6. For each bagatelle or jenny find table, - 7. For each pistol or shooting gallery, or baby range, or any game of amusement of like kind or description, per^year, per month, ------ 8. For each bow'ling alley, tenpin alley, or alley of like kind or description, per year, - per month, ------ 9. For every person or firm dealing in selling cotton, or other futures, an annual license of, - 10. For every person or firm engaged in the business of cotton buyer or broker, an annual license of 11. For each teacher of dancing, 12. For each auctioneer, ------ 13. For skating rink or person who hires out or rents skates 14. For each dealer or firm dealing in wood and coal or either of them, - - - - - - > 15. For each person or firm dealing in fertilizers or guanos or phosphates of any kind, - 16. For every photograph or daguerrean artist, $50 00 50 00 25 00 5 00 25 00 5 00 10 00 10 00 5 00 25 00 12 00 10 00 10 00 10 00 CIVIL CODE. 107 17. For each person or firm managing, running, or owning a fly- ing jenny, or any show of like kind or description, for amusement, for which money or any thing of value is charg- ed and not herein otherwise provided for, an annual li- cense of - - - - - - - 12 00 18. For each warehouse kept for storing cotton, or other articles or goods, - - - - -10 00 19. For each barber shop, - - - - 10 00 20. For every, theatre or public hall, kept for public use, for which charge is made, - - - 10 00 21. For each circus or menagerie, per day, - 25 00 22. For each side show, accompanying a circus or menagerie, per day, - - - - - 5 00 23. For each public concertor legerdemain performance for which an admission fee is charged, unless it be for a charitable purpose, for each performance or concert, - - 3 00 24. For any show or exhibition, ball or entertainment, for which an admission fee is charged, unless it be for a charitable purpose, for each show, or entertainment, - - 3 00 25. For every sewing machine company, - - - 25 00 26. For every hotel or inn, - - - - 10 00 27. For every restaurant, eating house, or ice cream saloon, 10 00 28. For every telephone company or person managing the same, 25 00 29. For every telegraph company, or person operating the same, 25 00 30. For every express company, or person acting as agent for the same, - - - - - 25 00 31. For every insurance company or agent actingdor the same, for each company he represents, - - - 5 00 32. For every merchandise broker, or commission merchant, 25 00 33. For each game of quoits, marbles, or other game of chance any kind or description, for amusement, from which profit or revenue is derived, per month, - - - 5 00 per annum, - - - - - 12 00 34. For all peddlers and transient dealers in goods, wares, or merchandise, paints, soaps, or patent medicines, candy or other goods, or commodity of value, per day, - - 1 00 per week, - - - - - 5 00 All persons are deemed transient dealers who do not remain and do business in said city twelve months. 35. For lightning rod agents, each person or firm, per day, - 2 00 per annum, - - - - - - 25 00 108 CIVIL CODE. 36. For dealers in clocks, or stoves, or agent for clock or stove company, as transient dealers, per day, - - 1 00 per week, - - - - - - ~ 5 00 per year, - - - - - - - 25 00 37. For dealers in playing cards, annually, - - - 5 00 38. For pawnbroker, or pawnbroker agents, per annum, - - 25 00 39. For livery or sale stable, per annum, - - - 50 00 40. For any person or firm not keeping a livery stable, but run- ning over the streets of Tuscaloosa, and receiving pay for carrying passengers or freight, any vehicle, carriage, bug- gy, wagon, stagecoach, or vehicle of like kind, shall pay license as follows : — For each carriage, omnibus, wagon, barouche, rockaway, or other passenger vehicle drawn by two horses. 10 00 drawn by one horse, - - - - 5 00 buggy, - - - - - 10 00 cart, dray, or wagon, two horses, - - 10 00 “ “ “ one horse, - - - 5 00 No person shall charge for each passenger carried, more than twenty-five cents, for a seat in any vehicle, to any part of the city, in the day time, and fifty cents in the night time. The hire of a carriage or buggy, or other vehicle, shall not exceed one dollar per hour for the first hour in ther oth- er public occasions, or when he thinks it necessary to prevent a disturbance of the peace of the city; and he may, at his dis- cretion, suspend anv license to retail that may be hereafter granted, but such suspension shall be subject to appeal to the Board of Mayor and Aldermen. Any person violating any such order, or any such suspension, shall be fined, on conviction thereof, not exceeding the sum of one hundred dollars. PENAL CODE. 157 CHAPTER V. OFFENSES AGAINST PUBLIC JUSTICE. Section. 364. Resisting officer. 365. Escaped or obstinate convict 366- Illegal voting. 367. Voting without registration or taking oath. 368. Bribing or attempting to influence voter. 369. Altering or changing vote of elector. 370. Disturbing elector on election day. 371. False oath by elector. 372. Refusal to aid officer in making arrest. 373. Personating officer. 374. Aiding person to escape. Sec, 364. Resisting oiRcer. — Any person who shall resist obstruct, impede, or prevent the Marshal, Policemen, or other officer of this city, in the discharge of the duties of his office, in any way whatever, or attempt to resist, be it either by word or action, shall, on conviction, be fined not exceeding fifty dollars, and may be imprisoned, or put to hard labor for the city, not ex- ceeding sixty days. Sec. 365. Escaped or obstinate convict. — If any city con- vict shall escape from his or her labor, or from the person hav- ing them in charge, or shall fail or refuse to perform the labor for the city, or for the person to whom they are hired, when sentenced to either, the said failure or refusal to do the work shall be deemed a misdemeanor, and on conviction thereof, he or she shall be fined not exceeding one hundred dollars, and may be imprisoned, or sentenced to hard labor for the city for not ex- ceeding sixty days. Sec. 366. Illegal voting ■ — Any person voting more than once at any 7 election held in this city, or depositing more than one ballot for the same office as his vote at said election, or 158 PENAL CODE. knowingly attempting to vote when he is not entitled to vote, or is guilty of any kind of illegal or fraudulent voting, is -guilty of a misdemeanor, and on conviction thereof, shall be fined not ex- ceeding one hundred dollars, and may be imprisoned, or put to hard labor for the city for not exceeding sixty days. Sec. 367. Voting without registration or taking oath . — Any person voting at any election in the city of Tuscaloosa, who has not registered as required by the laws of said city, is guilty of a misdemeanor, and shall, on conviction, be fined not exceed- ing one hundred dollars, and may be imprisoned or put to hard labor for the city not exceeding sixty days. Sec. 368. Bribing or attempting to influence voter. — Any person, who shall bribe, or offer to bribe, or by any other cor- rupt means attempts to influence any elector in giving his vote, or keep him from giving the same, or disturb or hinder him in the free exercise of the right of suffrage at any election held within the city of Tuscaloosa, he is guilty of a misdemeanor, and on conviction thereof, shall be imprisoned, or put to hard labor for the city for not exceeding sixty days. Sec. 369. Altering or changing vote of elector. — Any person who fraudulently alters or changes the vote of any elec- tor of this city, by which such elector is prevented from voting as he intended, is guilty of a misdemeanor, and, on conviction, shall be fined not exceeding one hundred dollars, and may be imprisoned, or put to hard labor for the citv. for not exceeding sixty days. Sec. 370. Disturbing elector on election day. — Any per- son who, on an}’ election day in the city of Tuscaloosa, disturbs or prevents, or attempts to disturb or prevent, any elector from freely casting his ballot, or who shall demand to see the ticket of any elector, or shall disturb bv attempting to look at or in- spect the ticket of any elector, at or near the polls on election day, is guilty of a misdemeanor, and on conviction thereof, shall be fined not exceeding one hundred dollars, and may be impris- oned, or put to hard labor for the citv for not exceeding sixty days. PEN A I. CODE. 159 Sec. 371. False oath by elector. — Any person who know- ingly and corruptly takes the oath required by section n of this Code for electors of this city, or who causes himself to be regis- tered as a voter without having the qualifications required by law to entitle him to vote at any election of this city, shall, on con- viction, be fined not exceeding fifty dollars, and may be impris- oned, or sentenced to hard labor for the city for not exceeding sixty days. Sec. 372. Refusal to aid officer in making arrest. — Any person who having been summoned or commanded by an officer of this city, having authority, to assist such officer in making an arrest, shall refuse or neglect to do so, shall, on conviction there- of, be fined not exceeding fifty dollars. Sec. 373. Personating officer. — Any person who falsely assumes or represents himself to be an officer of the State or City, or attempts without legal authority to exercise any of the authority of such officer, shall be fined not less than five nor more than fifty dollars. Sec. 374. Aiding. p er son to escape. — Any person who as- sists any person in the custody of an officer of this city to escape, or attempts to escape from such custody, or who rescues or at- tempts to rescue any person so in custody, shall be fined not ex- ceeding fifty dollars. 160 PENAL CODE. CHAPTER VI. OFFENSES AGAINST PUBLIC SAFETY. Section. 375. Discharging fire-arms. 376. Shooting gravel-shooter, or sling-shot. 377. Storing loose cotton, etc. 378. Storing combustibles, etc. 379. Sailing kites. 380. Carrying concealed weapons. 381. Disturbing assemblages of people. 382. Disturbing shows or public meetings. 383. Police attend shows and arrest disorderly persons — compensa- tion therefor. 384. Accepting or carrying challenge. 385. Defacing grave. 386. Discharging fire-works. 387. Unlawful to keep explosives. 388. Obstructing streets and sidewalks. 389. Obstructing sidewalks and crossings. 390. Encroaching on streets or sidewalks. 391 . Hitching to trees. 392. Fast driving 393. Building cellar doors. 394. Leaving cellar door open or insecure. 395. Leaving excavation open. 396. Hitching animal to lamp-post, etc. 397. Animal hitched contrary to law seized. 398. Hanging signs, awnings, etc. 399. Drivers of vehicles must keep to the right. 400. Removal of nuisances. 401. Animals running at large. 402. Animals running at large taken up and sold. 403. Fees for 'taking up and feeding. 404. Proceeds of sale and claim of owner. 405. Officer neglecting duty or buying at sale. 406. Allowing dangerous animals to go at large. 407. Disturbing assemblage of people met for worship. PENAL CODE. 1 G 1 40 s . Disturbing occupant of college or school. 409. Obstructions on streets or sidewalks. 410. Refuse matter placed in front of premises. 411. Causing collision of vehicles. 412. Boys playing about street cars. 413. Ball playing on streets. 414. Fire limits, and violation of. 415. Enlargement of wooden buildings within fire limits. 416. Application to board to build wooden buildings within fire limits, 417. Removal of wooden buildings, when and how made. 418. Dangerous buildings removed on notice. 419. Tying cans to animals, etc. 420. Carrying concealed brass-knuckles or slung-shot. 421. Leaving teams unhitched. Sec. 375 . Discharging hre-arms. — Any person who shah discharge a gun, pistol, or other fire-arm within the corporate limits of this city, unless in self-defense, or in the execution of the law, or at a military parade by order of the proper officer, without the express permission of the Mayor, must, on convic- tion, be fined not exceeding twenty-five dollars. Sec. 376. Shooting gravel- shooter^ or sling-shot . — Any person who shall shoot gravel or other substance out of or with a gravel-shooter, sling-shot, or implement of like kind, within the corporate limits of this city, shall be fined on conviction, not exceeding five dollars. Sec. 377 . Storing loose cotton , etc — Any merchant, trader, or other person, who shall store, within the fire limits of this city, any loose cotton, hay, shucks, or like inflammable articles, shall be guilt v of a misdemeanor, and on conviction, be fined not exceeding fifty dollars ; provided, that no one shall be excluded from purchasing loose cotton, hay, shucks, or like articles, and store the same until removed, not to exceed one week atanvojie time from the purchase. Sec. 378 . Storing combustibles , etc — Any person who shall store within the fire limits of this city any kerosene or oth- er explosive oils, unslacked lime, powder, nitroglycerine, or other dangerous combustibles, in greater quantities than is nec- 162 PEN AL CODE. cssary for a retail trade therein, is guilty of a misdemeanor, and on conviction thereof, shall be fined not exceeding fifty dollars-’ Sec. 379. Sailing kites. — No person or persons shall be permitted to sail kites within the business portion of this city, or on the main thoroughfares leading to or from the city, and any person violating this law, or permitting his or her children to violate the same, shall, on conviction, be fined the sum of five dollars. Sec. 380. Carrying concealed weapons ■ — Any person who, not being threatened with, or having good reason to apprehend an attack, carries concealed about his person a bowie-knife, or any other knife of like kind or description, or a dirk, or a pistol, or fire-arms of like kind or description, must, on conviction, be fined not exceeding fifty dollars, and may be imprisoned or put to hard labor for the city for not exceeding sixty days. Sec. 3S1. Disturbing assemblage of people. — Any person who shall wilfully disturb any assemblage of people met together in said city, composed in whole or in part of females, by mak- ing any noise, cursing, swearing, whistling, or by any other rude or indecent behavior, shall, on conviction, be fined not ex- ceeding ten dollars, and may he imprisoned or sentenced to hard labor for the city not exceeding thirty days. Sec. 382. Disturbing shows or public meetings. — Any person who disturbs the audience at anv show, exhibition, or public performance, or disturbs any lawful public meeting or assembly, by boisterous talking, whistling, swearing, or any rude or indecent acts or conduct, shall be fined not exceeding ten dollars. Sec. 383. Police to attend shows and arrest disorderly persons: compensation therefor. — It is the duty of the Mayor or Marshal to appoint oiie or more of the police, if it be desired by the manager, to attend each performance of any licensed show or exhibition. Each officer, so appointed, shall receive from such manager one dollar per day or night that he may be in attendance on such exhibition or show, and it is his duty to attend at each performance, and promptlv to arrest and remove PENAL CODE. 103 all persons violating any of the laws of the city. If the mana- ger of any licensed exhibition fails to pay such officer or officers, his license shall be revoked. Sec. 384. Accepting or carrying challenge. — Any person who gives, accepts, or knowingly carries a challenge, in writing or otherwise, to fight with any deadly weapon, or otherwise, either in or out of the State, must, on conviction, be fined not exceeding twenty-five dollars. Sec. 385. Defacing grave. — Any person molesting or de- facing any grave for any unlawful purpose, must, on conviction, be fined not exceeding one hundred dollars, and may be impris- oned or sentenced to hard labor for the city for not exceeding sixtv days. Sec. 386. Discharging fireworks. — Any person who shall throw, set fire to, display, or discharge any fire-crackers, Roman candles, rockets, fire balls, bon-fires, or other fireworks, within the corporate limits, without the consent of the Mayor, specify- ing when and where the same may be exhibited or take place, shall, on conviction, be fined not exceeding ten dollars. Sec. 387. Unlawful to keep explosives. — It shall not be lawful for any one to keep, except at the powder magazine, more than twenty-five pounds of gun-powder or other explosive, at anv one time; and such explosive must be kept onlv in tin canisters, well secured from fire, and shall not be sold by arti- ficial light. Any one violating the provisions of this ordinance, shall be fined not exceeding twenty-five dollars. Sec. 388. Obstructing streets and sidewalks. — Any person who shall obstruct or encumber a street or sidewalk with goods, merchandise, lumber, fuel, or any article or obstruction what- ever, or do any act restricting the free use of the same, for a longer time than is absolutely necessary, shall, on conviction, be fined not exceeding ten dollars; and any person who, being so fined, or being notified by the city marshal, or any policeman, to remove said obstruction, permits said obstruction to remain in any street or sidewalk, shall be subject to a separate fine of ten dollars for each day he allows said obstruction to remain after such fine or notice. PEXAI. CODE. K)4 Sec. 389. Obstructing sidewalks and crossings. — Any person who rides, drives, or leads any horse, mule, or ox, or who drives any vehicle upon the sidewalks of this city, except to cross the same; and any person who obstructs the free passage of any street crossing in this city, with any vehicle, or otherwise, and who shall not immediately remove such obstruction upon the request of any person wishing to use such crossing, shall, on conviction thereof, be fined not exceeding ten dollars. Sec. 390. Encroaching on streets or sidewalks. — Any per- son, who shall hereafter erect, or extend, or enlarge house 01- building, or erect or extend a fence, so as to encroach upon any street or sidewalk of the city, shall be fined ten dollars on con- viction thereof, and a like sum for every day such encroachment shall continue after being notified to remove the same. Sec. 391. Hitching to trees. — Any person who shall hitch anv horse, mule, or other animal to the shade or ornamental trees upon the streets or public places of said city, or the boxes there- to; or in anv manner damage the same; or who shall hitch any animal to a fence so that the same can stand upon the sidewalk^ except a physician in case of necessity, shall be fined not exceed- ing ten dollars. Sec. 392. East driving. — Any person who shall drive , or ride anv animal at a gallop, or in a run, in this city, or who shall drive or suffer droves of mules, horses, or other animals to be driven through the streets at a gait faster than a walk, shall, on conviction, be fined the sum of five dollars. Sec. 393. Building cellar doors. — Any person who shall, within the fire limits, cause to be built any cellar door upon any of the sidewalks, unless the same be built so as to be smooth and level with the surface of such sidewalk, shall be fined five dollars, and a like sum for each two davs said door continues in such condition. Sec. 394. Leaving cellar door open or insecure. — Any person who shall leave a cellar door open at night, except when in actual use, or who shall keep a cellar door on any street so in- secure as to render the walking thereupon or over the same tin- PE NAT. CODE. 105 safe or dangerous, shall be fined not exceeding ten dollars; and he shall be fined an additional ten dollars for every two days during which he allows such cellar door to remain insecure. Sec. 395. Leaving excavation open. — If any person dig- ging a cellar or vault, or makiug any other excavation in or near a street or sidewalk, shall leave such cellar, vault, or other exca- vation open, or if any person building or repairing a house shall leave the materials therefrom in such a condition as to endanger persons in passing along the street or sidewalk, he shall, on con- viction, be fined five dollars, and a like sum for each day’s con- tinuance thereof. Sec. 396. Hitching animals to lamp posts, etc. — Any per- son, except a physician in case of necessity, who shall hitch any animal to any lamp or awning post, or who shall hitch a jack or stallion within said city in a public place, shall be fined, on con- viction, five dollars. Sec. 397. Animal hitched contrary to law seized. — Any horse or other animal found hitched or tied contrary to the or- dinances of this city, shall be seized and detained by the city marshal, or any policeman, until the fine is paid. Sec. 398. Hanging signs , awnings, etc. — Any person who shall hang a sign, or erect an awning, or cause or allow any thing to hang or be over any sidewalk or pavement, at less than nine feet above the same, or throw any article from the roof or upper story of a house upon the street or sidewalk, shall, on convic- tion, be fined five dollars. Sec. 399. Drivers of vehicles must keep to right. — Any person driving a cart, dray, or wagon, or any other vehicle of any description through any street, lane, or alley, must, when meeting any other vehicle, keep to that side of such street, lane, or alley which is on the right of such driver, and any person violating the provisions of this section, must be fined five dollars. Sec. 400. Removal of nuisances. — It is the duty of the marshal and police to report to the Mayor all persons who may create or allow any nuisance, to remove all nuisances from the* streets, alleys, or public grounds of the city, at the cost of the per- !(>(> I'KN’AL CODE. son creating them, when known, and when such person is un- known, at the cost of the city; and if any person, whose duty it is to remove any nuisance from his premises or elsewhere, shall allow the same to remain, the marshal and police must remove the same at the cost of the delinquent; and any delinquent, fail- ing to pay such cost after three days notice, is guilty of a misde- meanor, and on conviction thereof, shall be fined not exceeding ten dollars. Sec. 401. Animals running at large. — It is unlawful for any stallion, horse, mare, mule, jack, jennet, goat, boar over three months old, or bull over one year old to run at large on the streets or commons of this city, and any person who shall permit, allow, or suffer such animal to so run at large, is guilty of a misde- meanor, and on conviction thereof, shall he fined not exceeding ten dollars. Sec. 402. Animals running at large taken up and sold . — The marshal or any policeman who finds any stallion, horse, mare, mule, jack, jennet, goat, boar over three months old, or bull over one year old running at large within said city, shall take up and impound said animal, and report the same to the Mayor; said marshal or policeman shall forthwith notify the owner of said animal, if he be known, or if unknown, post a no- tice at the City Hall, to appear before the Mayor within forty- eight hours and claim said property: said notice shall describe the marks and appearance of the animal, and mention the time and place said claim may he made before the Mayor. The said property shall he delivered to the owner claiming them within said time upon payment of all lawful feesiand charges; but should the owner not claim them, or should the costs and charges there- on be not paid, the Mayor, upon its appearing that said animal or animals were so running at large, shall forthwith order them to be sold, and the marshal shall sell them to the highest bidder for cash. Sec. 403. Fees for taking up and feeding. — The Marshal or any policeman taking up any such animal found running at large, is entitled to a fee of one dollar for each animal so taken PENAL CODE. 167 up, and to reasonable costs for feeding and caring for such ani- mal, which fees shall be paid by the owner claiming such animal, or retained from the proceeds of sale. Sec. 404. Proceeds of sale and claim of owner. — The marshal must pay over the proceeds of all sales so made, less the fees and charges of the officer for seizing and keeping such animal, to the Mayor, with a report of his proceedings in such matter, and a description of the animal so sold, which sum shall be deposited with the treasurer, and any owner who shall prove to the satisfaction of the Board his title to such animal, within sixty days from the date of sale, shall receive from the Board an order on the treasurer for the net proceeds of such sale. Sec. 405. OMcer neglecting duty or buying at sale. — Any officer of this city who wilfully fails or neglects to perform any duty imposed upon him by the four preceding sections, or who shall bid. or be directly or indirectly interested in any purchase at a sale made under said sections, shall, on conviction, be fined not exceeding fifty dollars. Sec. 406. Allowing dangerous animals to go at large . — Anv person who allows any dangerous, vicious or mischievous animal to go at large within the limits of the city, shall be fined, on conviction, not exceeding twenty-five dollars. Sec. 407. Disturbing assemblage of people met for wor- ship. — Anv person who wantonly or wilfully disturbs any as- semblage of people, met within this city for the purpose of in- struction, recreation, worship, or amusement, by loud talking, whistling, noise, or any other conduct, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not exceeding ten dollars. Sec. 40S. Disturbing occupants of college or school . — Any person who, without legal cause or good excuse, enters upon or goes sufficiently near the premises of any college or school, within or adjoining this city, and makes use of any vul- gar, profane, or obscene, language, within the hearing of any of the occupants thereof, or who loafs, loiters, or passes continu- ously along or on the streets of said city connected therewith PENAL CODE. 108 and adjoining thereto, and by loud talking, hallooing, noise of any kind, or any other conduct, disturbs the peace, . quiet, or tranquility, of any of the occupants thereof, is guilty of a misde- meanor, and, on conviction thereof, shall be fined not exceeding ten dollars. Sec. 409. Obstructions on street or sidewalk. — It is here- by declared to be unlawful for any person who owns, controls, or rents a store house, or other premises within the fire limits of this city, or for any person acting as a clerk, agent, or servant of such person so owning, controlling or renting said premises, to place upon, or knowingly suffer to remain upon, the side- walk or street in front of said premises, any loose paper, beer kegs, boxes, barrels, chicken -coops, trash, or refuse matter, or any kind of stand, or other obstruction to the free use of said sidewalk or street. Any person who violates the provisions of this ordinance shall, on conviction thereof, be fined not less than five nor more than fifty dollars. Sec. 410. Refuse matter placed in front of premises . — Every person, owning, controlling, renting, or accupying any premises within the fire-limits of this city, shall, as often as is necessary during the week, between the hours of seven and eight o’clock A. M., place before his house of business or prem- ises, and off the sidewalk, a box, barrel, or some other article, containing such trash, loose paper, or other refuse matter as may have accumulated on such premises, and must remove said box, barrel, or other article, from the street and sidewalk as soon as the said refuse matter shall be taken therefrom by the marshal. It is hereby made the duty of the city marshal to remove said trash, loose paper, or other refuse matter, from the streets be- tween the hours of seven and nine o’clock A. M., on each and every day during the week, except Sunday. An) 7 person who shall fail or refuse to comply with the provisions of this ordin- ance, shall, on conviction thereof, be fined not less than five nor more than fiftv dollars. Sec. 41 1. Causing collision of vehicles. — Any person who intentionally causes a vehicle, or animal drawing the same, to PENAL CODE. 1G9 come in collision with any other vehicle, object, or person, shall be fined, on conviction thereof, not exceeding twenty-five dollars. Sec. 412. Boys playing about street-cars. — Any boy who shall hang on the street cars while in motion, or attempt to steal a ride thereon, or who shall play or engage in any sport about the same, after having first been warned to desist by some em- ployee of said street cars company, or some officer of the city, shall be guilty of a misdemeanor, and on conviction thereof.shall be fined not exceeding ten dollars. Sec. 413. Ball 'playing on streets. — Any person who en- gages in any kind of ball playing on the public streets shall, on conviction thereof, be fined not exceeding ten dollars. Sec. 414. Fire limits and violations of. — The fire limits of the city shall extend from the east side of Madison Street, to the west side of Washington Street, and from the north side of Pine Street to the south side of Cotton Street. Any person who shall erect within said fire limits anv building of combustible material, or who shall cover anv building with combustible mate- rials, shall, on conviction thereof, be fined not exceeding fiftv dollars. Sec. 415. Enlargement of wooden building within fire limits. — Anv person who shall hereafter enlarge or elevate a wooden building of anv kind, within the fire limits of this city, shall be fined, on conviction thereof, not exceeding twenty-five dollars. Sec. 416. Application to Board to build, wooden build- ing within fire limits. — Any person who desires to build or enlarge any wooden building within the fire limits of the city of Tuscaloosa, may make application to the Board of Mayorand Aldermen for such purpose, having first given a written notice thereof, by posters put up in three places on Broad Street in. said citv, and at the City Hall door, for ten days previous to the time of his application ; and should said application be granted, the two preceding sections of this Code shall not apply to him. Sec. 417 . Removal of wooden buildings , when and how made — The Board may order the removal of any wooden build- ing heretofore erected within the fire limits, and on such order 170 PENAL CODE. being made and before the same is executed, the Mayor shall summon three disinterested freeholders to determine what sum would be just compensation to the owner for such removal, who, after being duly sworn, shall make their assessment in writing and return the same to the Mayor, who shall record the same; the amount so assessed shall be paid to the owner by the city be- fore such removal is made, and from such assessment an appeal lies to the circuit court, as in the case of other judgments of the Mayor. Sec. 418. Dangerous buildings removed on notice . — Whenever complaint shall have been made to the Mayor, that any building within the city has, from decay or otherwise, be- come dangerous to life or property, or is liable to fire from de- fective flue, or to fall from decay or other cause, he shall cause examination to be made, and the complaint, having been found justly laid, shall cause notice to be served on the owner or oc- cupant of said building to remove or repair the same. Any per- son, so notified, who shall neglect or refuse to comply with the requirements of said notice, shall, on conviction thereof, be fined not exceeding one hundred dollars; and such additional fine may be imposed upon him for every ten days’ refusal or neglect to comply with the said notice. Sec. 419. Tying cans to animals , etc. — Any person who shall tie, or otherwise attach any tin can, fireworks, or other substance to the tail, or other part of any dog, cat, or other ani- mal, so as to frighten the same and endanger the person or prop- erty of others, shall on conviction thereof, be fined not exceed- ing ten dollars. Sec. 420. Carrying concealed brass-knuckles and slung- shot. — Any person who carries concealed about his person brass knuckles, slung-shot, or other weapon of like kind or de- scription, or who carries a rifle or shot gun walking cane, shall, on conviction thereof, be fined not exceeding one hundred dol- lars, and may be imprisoned, or put to hard labor for the city for not exceeding sixty days. Sec. 421. Leaving teams unhitched. — Any person who leaves a team of horses, mules, or oxen, or a horse or mule at- tached to any vehicle, standing unhitched on the public streets, and without anv person in charge, shall, on conviction thereof, be fined not exceeding ten dollars. PENAL CODE. 171 CHAPTER VII. OFFENSES AGAINST PUBLIC HEALTH. Section. 422. Selling unsound bread. 423. Adulterating sugar, etc. 424. Adulterating liquors. 425. All property to be kept clean. 426. Selling unsound articles. 427. Selling unsound meat or fish. 428. Diseased animal at large. 429. Stagnant water. 430. Cellars, cisterns, etc. 431. Creating nuisance in street. 432. Permitting privies and stables to become offensive. 433. Keeping slaughter-house within corporation. 434. Permitting vicious animals to run at large, or go into the public streets. Sec. 422. Selling unsound bread. — Any baker, or other person, who sells, or offers, or exposes for sale, or suffers his ■servant, agent, clerk, or other person to sell or offer for sale, any bread made from sour or unwholesome flour, must, on convic- tion, be fined not exceeding twenty-five dollars. Sec. 423. Adulterating sugar, etc. — Any merchant, grocer, or other person, who mixes any foreign matter or substance with sugar, or any other article or commodity of commerce, so as to deteriorate the quality, and sells or offers or exposes for sale such adulterated sugar, or suffers his servant, agent, clerk, or other person for him, to sell or offer for sale, by himself or another, sugar, or other article or commodity of commerce, known to be adulterated, must, on conviction, be fined not exceeding one hundred dollars. Sec. 424. Adulterating liquors. — Any manufacturer, brew- er. distiller, grocer, retailer of spirituous, vinous, or malt liquors, 172 PENAL CODE. or other person, who sells or offers for sale, or permits his ser- vant, agent, or clerk to sell or offer for sale for him, any spirit- uous, vinous, or malt liquors which have been adulterated by the mixture of any substance not used in the proper manufacture of such spirituous, vinous, or malt liquors, or of a pernicious or un- wholesome character, must, on conviction, he fined not exceed- ing fifty dollars. Sec. 425. All property to be kept clean. — All persons liv- ing on or owning property within the city, are required to keep the several lots by them owned, or connected with their resi- dences or stores, and the sidewalks in front of their residences or stores, in a cleanly condition; to keep cellars and out-houses well ventilated and cleaned, and their premises free from all filth and all matter that would prove offensive or liable to create disease. Any person violating the provisions of this ordinance shall be fined, on conviction, five dollars, and an additional five dollars for each continuance of the offense for twenty-four hours. Sec. 426. Selling urisound articles ■ — Any person offering for sale any article in the corporate limits of the city calculated to produce filth or impurity, or who shall fail to thoroughly cleanse the blocks, stalls, planks, etc., they may have used, or who shall, at the expiration of market hours, fail to remove, forth- with, all articles which may remain unsold, all offal, refused or rejected articles, and other offensive matter, shall, on conviction, be fined not exceeding twenty dollars. Sec. 427. Selling unsound meat or iislt. — Any person who offers for sale, or allows his servant or agent to offer for sale, anv tainted, putrid, or unwholesome fish or ffesh, or the flesh of any animal dying otherwise than bv slaughter, or slaughtered when diseased, for the purpose of being sold, shall be fined not exceeding twenty- rive dollars, and may be imprisoned or sen- tenced to hard labor for the city for not exceeding thirty days. Sec. 428. Diseased animal at large. — Any person who knowingly suffers any horse, mule, mare, or other animal, dis- eased with glanders, distemper, or other contagious disease, to PE NAT. CODE. 173 go at large on the streets or commons of this city, shall be fined not exceeding ten dollars. Sec. 429. Stagnant water • — Any person who causes or oc- casions any pool of stagnant water, within the city limits, shall be fined, on conviction, five dollars, and a like sum for every twenty-four hours’ continuance of such nuisance. Sec. 430. Cellars , cisterns^etc. — Any owner or occupant of a lot within this city, on which there is a cellar, cistern, or well not in use, and containing or liable to contain stagnant water, or other filth, who shall fail or refuse, after notice from the Mar- shal, to cause the same to be filled up or cleaned, within one week after said notice, shall, on conviction, be fined ten dollars, and a like sum for each two days’ continuance thereafter. Sec. 431. Creating nuisance in street. — Any person who shall throw, or otherwise convey any offal, or dead animal on any street, alley, house, public, or private place within this city, thereby creating an offensive smell, must, on conviction, be fined the sum of ten dollars. Sec. 432. P ermitting privies and stables to become of- fensive. — It is the dutv of every person owning or using privy or stable in the city to keep the same in a clean and neat man- ner, so that the smell thereof shall not become offensive to the adjoining inhabitants or to persons passing along the street, and for this purpose, such person must cause such stable or privy to be frequently cleaned and emptied, and the pit of such privy, and the floor or stalls of such stable, to be frequentlv covered with lime or other disinfectant; and any person violating any of the provisions of this section, or who keeps any privy or stable in such manner that the smell thereof becomes offensive to the neighboring inhabitants or to persons passing along the streets, shall he fined, on conviction, the. sum of ten dollars, and a like sum for each day’s continuance thereof. Sec. 433. Keeping slaughter-house within corporation . — It is herebv declared to be unlawful for any person to keep or establish any slaughter-house, or other establishment for carry- ing on the butchering business within the corporate limits of the 174 PENAL CODE. city of Tuscaloosa, without having first obtained the unanimous consent of the Board of Mayor and Aldermen; and any person violating the provisions of this section, shall, on conviction, be fined not less than fifty nor more than one hundred dollars, and the Mayor shall not have authority to remit any portion of such fine. Sec. ^34. Permitting vicious animals to run at large or go into the public streets . — Any person, the owner or keeper of a vicious or biting dog, or other animal accustomed to attack persons, or animals or fowls, who suffers the same to go upon the public streets without being muzzled, is guilty of a misde- meanor, and, on conviction, shall be fined not exceeding one hundred dollars. PEN A T. CODE. 175 CHAPTER VIII. MISCELLANEOUS OFFENSES. Section. 435. Vagrants and loafers. 436. Enticing servants. 437. Enticing persons under written contract. 438. Southern Bell Telephone and Telegraph Company may erect poles on street. 439. Marshal directs placing and removal of poles. 440. Injuring Telephone property. 441. Disorderly conduct. 442. Common law misdemeanors. 443. Birds and bird nests. 444. Defamation of female. 445. Defamation of person. 440. Officer failing to perform duty. 447. Draymen, etc. ; refusing to carry load. 448. Hackman refusing to carry passengers, etc. ; exceptions, etc. 449. Hacks running without number, lights, rates, etc. 450. Drays running without number, etc. 451. Refusing to pay haekman, drayman, etc. Sec. 435. Vagrants and loafers. — Any vagrant, idler, loafer, or suspicions person, having no visible means of support, who shall be found within the limits of this city, shall be forthwith apprehended upon the warrant of the Mayor, who shall examine him. and anv witness he sees fit touching his business and con- duct, and if be be found with no visibile means of support or emplovment, whereby to support himself, and is able to work, the Mayor shall commit him to jail, or sentence him to hard labor for the city for not exceeding thirty (lavs. Sec. 436. Knticincj servant . — Any person who entices, de- coys, or pursuades any apprentice or servant to leave the service or employment of his master, must, on conviction, be fined not exceeding twentv-five dollars, and may be imprisoned, or sen- tenced to hard labor for the city not exceeding thirty days. PENAL' CODE. 17 (> Sec. 437. Enticing persons under written contract . — Any person who knowingly interferes with, hires, em.ploys, en- tices a way, or induces to leave the service of another, any laborer or hired person, who has stipulated or contracted in writing, to serve for any given number of days, weeks, months, or for one year, before the expiration of the time stipulated or contracted for, such contract being in force and binding on the parties there- to, without the consent of the party employing, or to whom the service is due, is guilty of a misdemeanor, and on conviction, must be fined not exceeding one hundred dollars, one-half of said fine to go to the party injured, and mav be imprisoned, or put to hard labor for the city for not exceeding thirty days. Sec. 438. Southern Bell Telephone and Telegraph Com- pany may erect poles on street ■ — The Southern Bell Telephone and Telegraph Company are hereby permitted to erect such poles on the streets of the City of Tuscaloosa as are necessary to conduct their Telephone and Telegraph business in said citv, and to can y their wires from pole to pole as they may deem necessary. Sec. 439. Marshal directs placing and removal of poles . — All poles or other obstructions put upon the streets of said city by said Telephone and Telegraph Company shall be placed in such position as the Marshal of the City shall direct, and shall be removed entirely, or their position changed, if the Mayor and Aldermen should so order. Sec. 440. Injuring Telephone property. — Any person who shall post bills upon, hitch any animal to, or in any manner wantonly or maliciously injure or deface any pole, wire, or oth- er property of said Southern Bell Telephone and Telegraph Company, is guilty of a misdemeanor, and on conviction there- of, shall be fined not exceeding twenty-five dollars. Sec. 4^1. Disorderly conduct. — Any person who disturbs the peace and tranquility of said city, or of any of the inhabitants thereof, by loud singing, hallooing, mimicking, fighting, banter- ing, cursing, or swearing, or any other disorderly conduct; or PENAL CODE. ITT who utters any blasphemous, indecent, or obscene expressions on the public streets, or who is found drunk on the public streets, or in any public place in said city, or any person who suffers such conduct in his or her store, dwelling-house, or upon his or her premises, must, on conviction, be fined not less than five nor more than one hundred dollars, and may be imprisoned, or sen- tenced to hard labor for the city for not exceeding sixty days. Sec. 442. Common law misdemeanors. — Any person who commits a public offense, which was a misdemeanor at common law, the punishment of which is not specified in this Code, must, on conviction thereof, be fined not exceeding one hundred dol- lars, and may be imprisoned, or sentenced to hard labor for the citv for not exceeding sixty days. Sec. 443. Birds and bird nests. — An) person who shall wantonly or maliciously injure or kill any bird, except jay birds and game birds in season, or who shall destroy the nest of any bird, except jav. birds, shall be fined, on conviction thereof, not exceeding ten dollars. Sec. 444. Defamation of female. — Any person who writes, prints, or speaks of and concerning any female, falsely or mali- ciouslv imputing to her a want of chastity, shall, on conviction, be fined not exceeding twenty-five dollars. Sec.«445- Defamation of person— Any person who writes, prints, or speaks of and concerning another, any accusation, false- lv and maliciously imputing the commission by such person of a felony, or anv other indictable offense involving moral turpi- tude, or any offense against the laws of this city, shall on convic- tion thereof, be fined not exceeding ten dollars. Sec. 446. Officer failing to perform duties. — Any officer of this citv upon whom any duty is imposed, by any section of the Charter or Code of Laws of said city, who wilfully neglects to perform said duty, is guilty of a misdemeanor, and on convic- tion. shall be fined not exceeding one hundred dollars. Sec. 447. Drayman , etc.; refusing to carry load. — Any person, being the owner or driver of a licensed dray, cart, or 178 PENAL CODE. wagon, who refuses without sufficient excuse, to carry a load to any part of the city between the hours of sunrise anti sunset, must, on conviction, be fined not less than one nor more than one hundred dollars. Sec. 448. Hackman refusing to carry passengers, etc.; exceptions , etc. — Any person being the owner or driver of a licensed hack or other licensed vehicle for the carnage of passen- gers, who refuses without sufficient excuse, to carry any pas- senger to any part of the city, must, on conviction, be fined not less than one nor more than one hundred dollars. Provided , That no hackman shall be required to carry any passenger who is intoxicated or disorderly, or who is afflicted with any loathe- some or contagious disease, or who refuses to pay in advance when asked to do so, or who for other good reason, to be judged of bv the Mayor, should be excluded. Sec. 449. Hacks running without number , lights , rates , etc. — Any person who runs any public vehicle for the carriage of passengers without having its number painted on its lamps, so as to be clearly seen, or at night without having its lamps lighted, must, on conviction, be fined not less than one nor more than one hundred dollars. Sec. 450. Drays running without number , etc'— Any per- son who runs any cart, dray, wagon, or other vehicle for hire or profit, without having its license number fastened thereon in a conspicuous place, must, on conviction, be fined not less than one nor more than one hundred dollars. Sec. 45 1 . Refusing to pay hackman , drayman , etc.— Any person who refuses to pay the owner or driver of any public vehicle, or anv licensed cart, dray, or wagon, the rate fixed by law for the service rendered, must on conviction, be fined not less than one nor more than one hundred dollars. I PENAL CODE. 179 CHAPTER IX. VIOLATION OF LICENSE LAWS. Section. 452. Failure to take out license. 453. Failure to render tax list. 454. Officer neglects duty imposed by revenue law. 455. Refusing to testify as to taxes. Sec. 452. Failure to take out license. — Any person who shall engage in any business, trade, or profession, or keep any establishment, or do any business, or any act for which a license is required by the ordinances of this city, without having first obtained such license, shall be deemed guilty of a misdemeanor, and on conviction, shall be lined not less than double the sum required to be paid for the license, and not more than one hun- dred dollars, and may be imprisoned, or put to hard labor for the city for not less than sixty days. Sec. 453. Failure to render tax list. — Any person who fails or refuses to render a list of his taxable property and other items of taxation, or who knowingly renders a false, fraudulent, or in- complete list, or who attempts to evade a compliance with the revenue laws of the city, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not exceeding one hundred dollars, and may be imprisoned, or put to hard labor for the city for not exceeding sixty days. Sec. 454. Officer neglects duty imposed by revenue law . — Anv officer or person on whom any duty is imposed by the laws of this city concerning the revenue, taxation, and licenses there- of, who wilfully neglects to perform such duty, shall be fined not exceeding one hundred dollars, and may be proceeded against in such other manner as the Board may determine. Sec. 455. Refusing to testify as to taxes. — Any person who is summoned bv the Tax Assessor, or other lawful officer of this 180 PENAL CODE. city, to testify as to the value of any real estate, or as to the cor- rectness or fairness of any assessment, and who fails to attend, or who refuses to testify, is guilty of a misdemeanor, and on conviction thereof, shall be fined not exceeding fifty dollars. CHAPTER X. FEES AND COSTS. Section. 456. Fines for use of city. 457. Defendant convicted pays costs. 458. Frivolous or malicious party complaining pays costs. Sec. 456 . Fines for use of city . — All fines, penalties, for- feiture, and recoveries for violation of any law or ordinance of this city, shall be for the use and benefit of the city, unless other- wise expressly provided. Sec. 457 . Defendant convicted pays costs. — Any person convicted of any violation of the laws of this city, shall pay all the costs of the case. Sec. 458 . Frivolous or malicious party complaining pays costs. — Whenever a person is tried on the complaint of another and is acquitted, the Mayor may, if he is satisfied that the complaint is frivolous or malicious, tax the party making the same with all, or any part of the costs at his discretion, and the same shall be collected as other costs. J INDEX. [In the following Index , p, followed ~by a figure , indicates the page of the Code referred to ; c, followed by a figure , indicates the sec- tion of the Charter referred to', s, followed by a figure , indicates the section of the. Act referred to ; and where no letter is used , the figures indicate the section of the general Code of Ordinances .] ACTS — repeal of certain acts, . . . c. 78 conflicting acts, . . p. 29, s. 2 incorporating Tuscaloosa Fire Company, . p. 29 titles of, relating to Tuscaloosa, . . p. 32 of congress, granting privileges to city, . p. 6 ADVERTISEMENT — of election, general, . c. 5, 18 to fill vacancy, . c. 8 of mayor and aldermen, c. 20 of tax sale, c. 44-45 ADULTERATION — of sugar, etc., penalty, . . 423 of liquors, .... 424 ADULTERY — penalty for, .... 355 AFFRAY — penalty for, and riots, . . . 332 ALDERMAN — who eligible to office of, . . . c. 7 how office vacated, . . . e. 7 ; 6 election to fill vacancy. . . c. 8 ; 7 how elected in case of tie, . . c. 9 ; 22 causes for contesting election of, c. 10; 23 when temporary appointment made, c. 22 ; 7 fees and fines of, 237 AMUSEMENTS— power to tax, . . p. 28, c. 84 ; c. 53 disturbing meeting for, . 381; 382; 407 ANIMALS — malicious injury to, .... 312 cruelty to, .... 323 fighting of, 341 hitching to trees, .... 391 fast driving of, 392 hitching to lamp posts, etc., . . . 396 seized when hitched contrary to law, . 397 unlawful for certain to run at large, . . 401 when taken up and sold, . . . 402 fees for taking up and feeding, . . . 403 proceeds of sale, and claim of owner, . . 404 officer must not buy at sale, . . . 405 11 . ANIMALS — (Continued) — penalty for allowing dangerous at large, . 406 tying cans to, . 419 leaving unhitched, .... 421 allowing diseased at large, . . . 428 allowing vicious at large, . . . 434 APPEALS — when taken to circuit court, . . . 293 form of bond for, ..... 293 papers returned to circuit court in, . 294 APPOINTMENT — temporary, of mayor or aldermen, c. 22 of marshal, . . c. 27 of street overseer, . . c. 38 of policemen, ... 84 ASSAULT— penalty for, .... 328 with intent to murder, . . . 329 using fire arms during, . . . 330 with weapon, .... 331 when constitutes affray, . . 332 ASSESSOR — of taxes, election of, ... c. 29 may be collector, . . c. 30 removal of, ... c. 30 vacancy filled, ... c. 31 assesses taxes, . . c. 35 amount of bond, . . . 52 cannot delegate authority, . 61 must nominate substitute, . 62 assesses and lists, . . . 122 gives notice, . . . . 123 when assessment made, . 125 correct false lists, . . . 126 keeps assessment book, . . 127 enters levy of taxes, . . 130 who gives in property to, . 179 to whom property assessed, . O0 when property assessed, . 180 receives list of property, . . 183 failure to give list to, . . 184 assesses side-walk expenses, . 218 salary of. .... 245 fees of, 246 ATTORNEY — of city, legal adviser of corporation, . 170 prosecutes violators of law, . 171 gives written opinions, . . 172 defends officer of city, . . 173 fees of, .... 252 AUCTION — sales, power to tax, . . c. 41 tax upon, . . . . c. 43 111 . AUCTIONEERS— power to license, . amount of license, p. 26 ; p. 28 192, sub-d. 12 BALLOTS — manner of counting, ... p. 42, 286 style of, p. 43, 274 counting and certifying, .... 21 in case of ties, . . . 22 ; 30 BAIL — bond and form of, 272 ; 273 effect of, . . . . 274 judgment nisi in, . . . . 275 notice of, .... 276 judgment final in, .... 280 officer arresting may take, .... 271 when bound over to circuit court, . . . 327 BARBERS — power to license, . . . . p. 28, s. 84 amount of license, . . . 192, sub-d. 19 BETTING— at cards, 335 at gaming table, .... 337 with minor, .... 338 BIGAMY — penalty for, .... 356 BILLIARDS — power to license, p. 28, s. 84 amount of annual license, . . 192 BIRDS — killing or destroying nests of, ... 443 BOARD — who constitutes, ------ 33 organization of, - - - 36 quorum of ------ - 37 regular and called meetings of, 38 standing committees of, 39 temporary vacancy in, how filled, - - - 45 rules for government of, - 49 may exempt from giving bond, ■ - 52 communications from mayor, - - 74 secretary attends, ------ 88 marshal attends, - - - - - 104 exceptions to assessment of taxes heard by, - 129 authorize slaughter houses, - - - - 200 BOARD OF EDUCATION— who constitutes, - p. 30, s. 3 when elected, and term, - p. 30, s. 3; 205 mayor, presidents* officio, - p. 30, s.3 must take oath, - - p. 30, s. 4; 206 provide houses for school p’p’ses,p.30,s.5 ;207 open schools, - - - p. 31 , s. 6 ; 208 elect officers of schools, - p. 31 , s. 6 ; 208 general powers of, - - p. 31, s. 6; 209 issues diplomas, - - p. 31, s. 7 ; 208 charge fees, - - - p. 31, s. 9; 210 disburse funds, - - - p. 31, s. 10 create examination board,- p. 32, s. 11 ; 208 IV. BOARD OF EDUCATION— (Continued)— institute competitive exams, p. 3;2, s. 12 ; 208 fix eligibility of students, - 210 BONDS— officers may give, c. 71 for water and gas works, c. 79 directions for, c. 80 exempt from taxation, c. 81 receivable for taxes. p. 27 for water works, gullies, and streets, p. 27 amount of city officers’ bonds, 52 not exhausted by one recovery, 53 when new bond required, 53 recorded by secretary, 92 deposited with treasurer, 100 marshal may take, 111 for hiring convicts, 288 for appeals from mayor’s court, 293 to keep the peace, 295 BOOKS — of city officer, open to inspection, 56 delivered to successor, 57 of ordinances, 89 of reports, 90 secretary indexes and notes, 91 of licenses, 95 in charge of secretary, 93 of bonds, 92 of assessments, . . . 127 kept by treasurer, 150 BREAD — selling unsound, ..... 422 BURGLARY — penalty for, ..... 298 ; 300 possessing implements for, 301 CARDS — playing, power to license dealers in, • ] p. 28, c. 84 in public place, 335 betting at, amount of license for, . . 192 335 , sub-d. 87 CELLARS — manner of building doors, 393 penalty for insecure doors, 394 stagnant water within, 430 CEMETERIES — power of board over, Evergreen cemetery and graveyard, c. 71 157 no interments outside of, 158 depth of graves, .... 159 no interments at night in, 160 duties of sexton, 161-165 regulation as to lots in, 168 price of lots in. 169 defacing tombstones in, 325 committing trespasses in, 326 penalty for defacing grave in, 385 384 CHALLENGE — accepting or carrying, - CHARTER — of Tuscaloosa, ..... pp. 7-23 amendments of, .... pp. 24-33 CLERKS — of election, when appointed, . . c. 20; 16 duty of, .... 19 count and certify ballots, . 21 COCK-FIGHTING— penalty for, .... 341 CODE — of Tuscaloosa, civil, criminal, adoption of, pp. 48-123 pp. 130-180 p. 45 Cd. LECTOR — of taxes, election of, ... c. 29 may be assessor, „ . c. 30 removal of, ... c. 30 vacancy filled, . . . c. 31 notice given by, . . c. 44, 45 deed of c. 46 collects state poll tax, . p. 30, s.2 amount of bond, ... 52 cannot delegate authority, . 61 must nominate substitute, . 62 secretary accounts with, . 96 receives list from secretary, . 131 gives notice w'hen taxes due, 132 assesses escaped taxes, . 133 what chargeable with, . . 134 reports errors and insolvencies, 135 sale of property by, . . 136 notice of sale by, . . 135 deed of .... 137 reports of, .... 146 may sell for escaped taxes, . 147 pays owner excess of sales, . 145 oath before for license, . 185; 188 receipt of for license, . . 186 salary of, 247 fees of, ... 248 summary judgment against, 256 COMMERCIAL AGENCIES — power to license, . p. 28, c. 84 CONTEMPT — mayor punishes for, . . . c. 54; 68 CONSTITUTION — of state, articles relating to cities, . p. 42 CONVICTS- — when default made concerning fines, p.29,c.85 ;c.72 hired or worked on streets, . . p. 29, c. 85 when hired, bond required, . . . 288 amount allowed for work and board, . 289 committed to jail. .... 291 l>ound over to circuit court, . . . 327 VI. CORPORATION — Tuscaloosa, body politic and corporate, of Tuscaloosa, may have seal. c. 2 c. 2 COSTS — in case of election contests, . . 32 convicted defendant pays, .... 457 frivolous complainant pays, . . . 458 COTTON — exhibiting false sample of, taking from bale, storing within city, 309 310 O77 COURT — mayor holds, . . 67; 262 marshal attends, . 104 of mayor, where and when held, . 262 offenses tried in, . . . 263 form of summons, . . 264 judgment nui on summons, . 265 warrant issued from, . . 266 persons brought before, . 271 adjournment of trial, . . 272 hail bonds, and form of, . 273 effect of bail bonds, . . 274 judgment nisi on bail, . . 275 notice of, . 276 judgment final on bail, . 280 subpoenas in, . . . 281 form of, . 281 judgment nisi on subpoenas, . 282 contempt of witness in, . 283 mayor judge of law amUfact in, . . 284 technical objections not allowed in, 284 penalty imposed by mayor in, . 285 when default in securing fines, . 286 commitment when in default, . 287 issue, return, and form of execution in, . 291 DANCING-MASTERS — power to license, amount of license, p. 28, c. 84 192, sulvd. 11 DEED — of tax collector, ..... c. 46; 137 recorded, . . c. 47-48 ; 138 ^139 prim a facie evidence, . e. 49; 140 DEFAMATION— of females, 444 of persons. . . 445 DEFENDANT — entitled to speedy trial, . . . 69 admitted to bail, .... 79 when convicted, pays costs, . . 457 DISORDERLY CONDUCT — mayor must suppress, . 86 disposal of person charged with, 112 penalt\\for, 334; 441 in houses, penalty for, . 350 DRIVERS — of drays, refusing to carry load, . . 447 running without numbers, ! 450 of hacks, refusing to carry persons, . . 448 running without lights, . . 449 refusing to pay, .... 451 DRUNKENNESS— penalty for, 334 ELECTION — when held for mayor and aldermen, c.4; p.26;17 how often held, . . . c. 4; p. 26,; 17 notice of, . . . c. 5; 18 opening and closing polls at, . . c. 5 judges and clerks of, . c. 5 ; c. 20; 1(3 duty of, ... 19 electors at, .... c. 6 in case of tie of mayor and aldermen, c.9;22;30 to fill vacancy of mayor or alderman, c. 8; 7 contest, causes therefor, . . c. 10; 23 proceedings in case of, . c. 1 1 ; 24 service on defendant, . c. 12; 25 subpoenas for witnesses, c. 13; 2(3 testimony by deposition, c. 14; 27 authority of probate judge, c.15 ;28 ;29 judgment in, . . c. 17; 31 costs when void, . c. 18-19; 32 marshal to fill vacancy, . . e. 28 assessor and collector, . . . c. 29 ; 44 illegal voting at, where held, returns announced, of city officers, c. 1 7 3 34 44 EL ECTOR S — c nullifications of, . c. 6; p. 24; p. -12 disqualifications of, eligible to what offices, registration of, . when opened and closed vote for mayor and aldermen, challenged, ..... voting without registration, bribing of, changing vote of, .... disturbing on election day, perjury of, .... ;s. 4; 4 12 c. 7 ; 5 c. 76 ; 9 , 5 8 20 367 368 369 370 371 EMBEZZLEMENT — receiving property bv, - 305 by agent, - - - 307 by officer, - - - 308 by officer of city, - - 320 by common carrier, - - 322 EMINENT DOMAIN — power to open streets under right of, c.60 take real est.for gas a water, c.63 I vin. ENGINEER — board may elect, • 152 qualifications of, 153 where office kept, - 154 charge of streets, etc., .... 155 general powers and duties, - - - 156 power of in case of fire, - 234 fees of, - - 250 EXECUTION — issue, return, and form of, - - 291 force and effect of, .... *>92 EXEMPTION — from working streets, - - - c. 39 no property from payment of taxes, . c. 42 of bonds from taxation, . c. 81 ; 182 of persons and property from taxation, 174 EXPLOSIVES — where storage of prohibited, . . c. 66 storing of, penalty, . . . 378 unlawful to keep, .... 387 EXPRESS — power to license companies for, . p. 28, c. 84 amount of license, . . . 192, sub-d. 30 FALSE PRETENSES— penalty for, . . . 303 in personating another, . 304 by exhibiting false sample, . 309 by false mark or brand, . 311 FERTILIZERS — dealers in, power to license, . p 28, c. 84 amount of license, . 192, sub. d. 15 ETNANCE — standing committee on, . 39 duty of, . . 41 how accounts kept, 41 FINE — default in payment or securing, . c. 72 warrant for collection of' . . . c. 73 paid to city treasurer, ... 58 report of collection of, 59 collected by marshal, .... 113 devoted to school purposes, . . . 213 when default made in securing, . 286 commitment when default made, . 287 for use of city, .... 456 FIRE-ARMS — discharging within city, . . . 375 FIRE DEPARTMENT— Tuscaloosa No. 1, . . . p. 32 ; 230 membership of, . p. 32, s. 2; 230 keep engine in order, p.32, s.3 ; 231 exemptions of members, p. 32, s.4 list of given to sheriff, p. 33, s. 5 how charter forfeited, p. 33, s. 6 adopts by-laws," . . 232 duty of, . . 233 authority of, 234 IX. FIRE-LIMITS — bo.ard may establish, . . c. 64 buildings removed, . . . c. 65 extent and violation of, . . 414 enlargement of wooden building within, 415 building wooden buildings in, . 416 removal of wooden buildings in, . 417 dangerous buildings in, . . 418 FIRES — powers in prevention of, .... c. 61-62 false alarm of, .... 334 FIRE-WORKS — penalty for discharging, . . 386 FORGERY — penalty for .... 319 FORMS — of summons, . . . 264 warrant, .... 266 bail bonds, . . . 273 judgment nisi on bail forfeited, . 275 notice when judgment nisi , . 276 judgment final, . . . 286 subpoenas, .... 281 judgment of conviction, . 286 commitment, . . . 287 execution, . . . 291 appeal bond, . . . 293 FUTURES — power to license dealers in, . p. 28, c. 84 amount of license, . . . 192, sub-d. 9 GAMES — power to license, . . . p. 28, c. 84 on Sunday, . . . . . 344 GAMING — keeping table for, . . . 337 betting at table for, . . . . 337 on Sunday, ..... 344 renting room for purpose of, . 340 on retailer’s premises, . . . 339 GAS-WORKS — bonds for establishing, . . . c. 79 power to establish, . . . c. 63 GROUNDS & BUILDINGS — standing com. on, . 39 powers & duty of, 42 marshal custodian of, * 117 HOTELS — power to license, .... p. 28, c. 84 amount of license, . . . 192, sub-d. 26 INCEST — penalty for, 357 INSPECTOR — of lots, etc., appointed by board, . 193 INTIMIDATION— penalty for, 333 X. INSURANCE — power to license companies for, . p. 28, c. 84 amount, of license, . . 192, sub-d. 81 JUDGES — -.of elections, c. 4 when appointed, . . c. 20; 16 duty of, ... 19 count and certify ballots, . 21 JUDGMENT — summary, how rendered against officer, 253 execution of notice of, - 254 alias notice, - 255 against tax collector, - 256 secretary, - - 257 marshal, - 258 policemen, - - 258 treasurer, - - 259 administrators of officers, 260 what report evidence of; - 261 nisi , on summons, - 265 on bail bond, - 275 on subpoenas, - - - 282 final, on bail bond, .... 280 JUSTICE OF PEACE — mayor has power of, - c. 83 ; 80 KITES — penalty for sailing, ----- 379 LANGUAGE — using obscene, 353 LARCENY — penalty for, - 297 value of property in case of, - - 296 LICENSES — board may grant to certain occupations, c. 67, 69 general provisions for, - - p. 27, c. 84 issued by secretary, - - - - 94 books of, - - - - - 95 marshal attends compliance with, - 115 who shall take out, 185 receipt and form of, - - - - 186 who issues, - 187 oath for, before collector, - - - 188 not transferable, - - 189 limits upon use of, - 190 expiration of, - 191 amount for, and to whom issued, - 192 for retailing liquors, ... - 192 failure to take out, 452 violations of laws for, - 452-455 LIGHTNING-RODS — agents, power to license, p. 28, c. 84 amount for license, - 192, sub-d. 35 LIMITATIONS — statute of, regarding streets, - - c. 55 concerning offenses, - 263 XI. LIQUORS— board may license, restrain, or prohibit, mayor may prohibit sale or giving, . license for sale of, p. 28, c. 84, c. 57 81 192, sub-d. 1-4 LIVE R Y-ST ABLE S — power to license, amount of lieense. p. 28, c. 84 192, sub-d. 39 MAGAZINE — of powder, marshal keeps, . . 118 ;227 established, . . . 224 powder kept in, . . 225 powder not allowed elsewhere, 226 powder sold in daytime, . 228 violation of ordinances of, . 229 MARKETS — power to establish, . . . . c. 58 established and stalls rented, . . . 220 stalls rented by marshal, . . . 221 regulations of, 221 penalty for violating ordinances of, . 221 b marshal master of, ... 221 unsound articles removed from, . . 426 selling unsound meat, or fish, . . 427 MARSHAL — who eligible to office of, . . c. 7 causes for contesting election of, . c. 10 election of, p. 25, c. 26 may be removed, p. 25, c. 27 election, in case of vacancy, . c. 28 power to execute process, . c. 73 extent of authority, . . c. 74 amount of bond, ... 52 cannot delegate authority, . . 61 must nominate substitute, ... 62 mayor may suspend, ... 73 secretary accounts with, ... 97 powers and duties of, . 103 attends meetings and court, . . 104 policemen detailed instead of, . 105 head of police, 106 •executes writs, ete., . . . 107 powers of sheriff and constable, . .108 arrests violators of law, . . . 109 •disposal of arrested person, . 110; 112 takes bonds, . . . . Ill collects fines, . . . 113 abates nuisances, . . . . 114 supervises licenses, .... 115 streets, .... 116 public grounds and buildings, 117 powder magazine, . 118; 227 power to summon posse, . . . 119 remove nuisance, . . . 194 XI 1 . MARSHAL- MAYOR— (Continued) — duty in regard to quarantine, reports defective side-walk, . paves side-walks, fees for paving, master of markets, in charge of city scales, salary of, . . fees of, summary judgment against, directs placing telephone poles, . 196 215 217 218 221 . 222 240 241 ; 243 ; 244 258 439 when elected, who eligible to office of, how office vacated, . election to fill vacancy, how elected in case of tie, causes for contesting election of, temporary appointment of, may call meeting of aldermen, justice of peace and notary public, annexes warrant to tax list, conservator of peace, powers of, punishes for contempt, issues warrant for fines, etc., president board of education, of Tuscaloosa, .... must take oath, . may call meetjng, amount of bond, presides at meetings of board, must sign contracts, administers oaths to officers, approves bonds of officers, holds court, issues warrants, etc., punishes for contempt, must give defendants trial, imposes or remits penalty, supervises city officers, may suspend marshal, communications to board, may increase police force, may protect city, orders citizens ito assist police, contracts limited debts, admits defendants to bail, prohibits sale or giving of liquor, offers reward, signs drafts^and affixes warrant, appoints and discharges policemen, keeps docket, р. 26, c. 4 c. 7 c. 7 ; 6 c. 8 c. 9 ; 22 c. 10 c. 22 с. 24 ; 45 c. 33 ; 80 c. 43 . c. 54 . c. 54 c. 54 c. 73 p. 30, s. 3 p. 44 25 38 52 64 65 66 66 67 . 68 . 68 . 69 70 ; 71 72 . 73 74 75 76 . . 77 78 79 . 81 82 . 83 84 85 XIII. M A YOR — (Continued) — MAYOR AND suppresses riots, ..... 96 arrests brought before. no issues notice to pave side-walks, 21 6 fees in paving process, 21 9 salary of, ... 23 5 fees of, 236; 24 4 holds court, 26 2 tries offenses, 26 3 judge of law and fact, . 28 4 disallows technical objections, 28 4 imposes penalty, on conviction, . 28 5 requires bond to keep peace, . 29 5 bind over to circuit court, . 32 7 ALDERMEN— divide city into wards. c. 3 examine and change wards, c. 3 cause election to be held, . p 1 26, c. 4 when elected and how often, p. 26. c. 4 ; 17 how elected in cases of ties, . c. 9 ; 22 proceedings in cases of ties, 30 oath of, c. 21 when temporary appointment made, c. 21 ; 45 regular meetings, c. 23 called meetings, .... c. 24 deliberations public, may have secretary, elect and remove marshal, . p. may remove assessor and collector, fills vacancy of assessor and collector may appoint necessary officers, may define duties and pay of officers, power to levy taxes, determine amount of tax, action on excessive assessment, may levy poll tax, appoint street overseer, may require additional poll tax, further power to levy taxes, force of levy and assessment of taxes power to tax amusements, etc., general powers of, • license, restrain, and prohibit retailing establish markets, .... repair streets, etc., open new streets, .... precautions against fire, establish water- works, ■ . •establish gas-work6, •establish fire limits, . remove unsafe buildings, prohibit storage of explosives, . c. 25 . c. 25 25, c. 26-27 . c. 29 31 32 71 34 35 36 37 38 39 41 42 53 56 57 58 59 60 c. c. c. c. c. c. c. c. c. c. 40, c. c. c. 55, c. c. c. c, c. c. c. c. c. c. XIV. MAYOR AND ALDERMEN — (Continued) — fix license, c. 67, 69 power over vagrants, . . . c. 68 over graveyards, . . . c. 70 to require officers to give bond, c. 71 summary powers over officers, . c. 71 authority to erect scales, . . c. 75 must punish illegal voting, . . c. 77 may issue bonds for gas or water works, p.*27,c.79 may authorize slaughter-house, p. :25, c. 82 ; 200 may remove slaughter-house, p.26,c.83 ; 201 ;202 levy taxes for school purposes, . p. 30, s. 2 authorize disbursements of bd. of ed’n, p.30, s.5 receive and announce election returns, . 34 must take oath, . . . 35 constitute board, ... 33 organization of board, .... 36 may elect engineer, . . . 152 may exempt industsial works from taxes, 174 may authorize transfer of license, . 189 license retailing liquors, . . . 106 appoint inspector of lots, etc. , . 193 elect board of education, . . . 205 power of in case of fire, . . . 234 order arrest, . ... 268 MEETING — disturbing, when part females, . . 381 shows, etc., .... 382 police attend, 383 disturbing when met for worship, . 407 MINOR — betting with, etc., . . . . 338 MISCEGENATION — penalty for, . . . . 358 party performing ceremony of, . 359 MISDEMEANORS— common law, .... 442 MORALITY — offenses against, . . . 335-363 NOTARY PUBLIC— mayor has power of, . c. 33; 80 NOTICE — given by tax assessor, . . .1:23 secretary, . . .128 • collector, of taxes due, . 132 oLsale of property, 136; 147 for summary judgments, . 254 ; :255 of judgment nisi in bail bonds, . . 276 service and return in judgment nisi, . 277 alius in judgment nisi, . . 278 of judgment nisi on subpoenas, . . 282 NUISANCES — abated by marshal, • . . 114 removed by owner of lot, . . 194 penalty for, . . . 352 ; 400 property free from, . . . 425 selling articles productive of, . . 426 allowing stagnant water, . . . 429 creating on street, .... 431 by permitting offensive stables, . 432 OATH — of office, . . c. 21 ; p. 41 of mayor and aldermen, ... 35 of city officers, 51 before collector for license, . 185 ; 188 of board of education, . . . 206 OFFENSES — by whom tried, . . . 263 limitation of, ..... 263 against property, .... 296-326 the person, . . 427-334 morality, . . 335-363 public safety, . . 375-421 public health, . . 422-434 miscellaneous, . . . 435-451 OFFICE — judgment when successfully contested, . c. 17 oath of, . . . c. 21 ; p. 41 OFFICERS — necessary, appointed, - - c. 32 may regulate duties and pay, - - c. 71 sworn, and oath, ■ - - - 35 when elected, - - 44 compensation of, - 46 may be fined and removed, - - 47 term of office of, - 50 must take and subscribe oath, . - 51 must give bond, and amount of, - - 52 how temporary and permanent vacancy filled, 54 must not deal in city script, - - 55 cause for removal of, - - - - 55 books open to inspection, 56 deliver books to successors, - - 57 reports collections of fines, 59 when made, - 60 cannot delegate authority, 61 how authority delegated, ... (£> supervised by mayor, 72 summary judgment against, - - 253 notice of motion, - - - 264 report of, evidence against, - - 261 removal of and causes for, ... 261 b arrest without warrant, - - - 267 arrest on order of mayor or aldermen, 268 private person must assist, - - 269 duty of in making arrest, ... 270 carrfes person before mayor, - - 271 XVI. OFFIO FPv S — (Continued ' — arresting may take bail, . . . 271 refusal to aid in arresting, . . 372 personation of, 373 aiding escape from, 374 buying at city sale, . . . . 405 neglect of duty by, . . . 405 ; 440 neglect of duty under revenue law, . 454 ORDINANCES — concerning the city of Tuscaloosa, pp. 37-46 relating to improvement bonds, pp. 37-44 street railway, - pp. 40-41 concerning adoption of, p. 45 continuance and repeal of, - p. 47, s. 7 rule concerning passage of, 48 recorded by secretary, 89 OWNER UNKNOWN — taxes assessed against, . c. 42 sale of property for taxes, - c. 45 PAUPERS— burial of, 164 PAWNBROKERS — power to license, - - p. 28, c. 84 amount of annual license, - - 192 PEDDLERS— power to license, - - p. 28, c. 84, c. 09 amount of license, - - 192, sub-d. 34 PERSON — offenses against the, - 327-334 PERSONAL PROPERTY — taxes, power to levy on, c. 34 taxes, levied according to val.c.34 levied on, - c. 40 amount of, - 170 assessed at cash value, 178 PICTURES— selling lewd, - 354 PHOTOGRAPHERS — power to license, amount of license, p. 28, c. 84 192, sub-d. 10 PISTOLS — dealers in, power to license, amount of license, - p. 28, c. 84 192, sub-d. 5 POLICE — amount of bond of, - - - 52 mayor increases force of, ... 75 force appears before mayor, - - 70 citizens must aid, - - - - 77 mayor appoints and discharges, - - 84 detailed in place of marshal, - - 105 appointment and discharge of, - 120 authority of, - - - -121 marshal head of, .... 100 fees of, - - - - - 242 summary judgment against, - - 258 attend meetings, - 383 xvn. POLLS — time of opening and closing, . c. 5 POLL TAX — levy and collection of, ... c. 37 additional, . . . . . . c. 39 appropriated to schools, . . p. 29, 8. 2 collected for state and county, . p. 29, s. 2 list made by assessor, . . - 122 PRINTING — secretary attends to, . 101 PROBATE JUDGE — must try contest of election, . c. 11 notice of contest election returned to, c.12 must issue subpoenas for witnesses, c.13 authority of, c.15 certifies tie votes, - . . c.16 PROPERTY — judgment for value when stolen, etc., 296 larceny of, ..... 297 injury to, ..... 299 receiving stolen, „ . . 302 receiving embezzled, . . . 305 selling mortgaged, . . . 306 embezzlement of, ... 307 ; 308 injuring public, , 313; 314 falsely markingor branding, . . 311 injuring lamps, etc., . . . 315 injuring telegraph or telephone, . 316 injuring trees, ..... 317 injuring sign-boards and gates, . . 324 offenses against, . . . 296-326 PROSTITUTES — penalty for, ... 348 renting house for, .... 349 disorderly house of, ... 350 riding or walking with in public place, 351 PUBLIC HEALTH— offense against, . . . 422-434 QUARANTINE— established, . . . 195 penalty for violating, . . . 196 isolation of cases during, . . . 197 trains and roads guarded, . . 198 persons and goods excluded, . . 199 QUORUM — what constitutes at board meeting, . . 37 RACING — penalty for horse, ... 342 RAILROADS — power to license companies for, . p. 28, c. 84 of streets, boys playing about, . . 412 XV 111. REAL ESTATE — taxes, power to levy on, . . c. 34 taxes, levied according to value, . c. 35 when assessed to owner unknown, . c. 42 deed of, when sold for taxes, c. 45-48 ; 137-140 redemption of, . . . c. 50; 141 relinquishing possession of, . c. 51 ; 142 sale of for taxes, . . . 136 notice of redemption to purchaser, 143 when purchased by city for taxes, . 144 amount of tax on, . . . 176 assessed at cash value, . . 178 REGISTRATION — of electors, who by, .... 9 when opened and closed, 10 notice of, . . 11 secretary furnishes lists, 13 certificate to list, . . 14 manner of, 15 REPORTS — of collections of fines, . . .59 when made to board, .... 60 recorded by secretary, .... 90 of fines collected, . . . . 113 RETAILING — power to license, restr’n, or proh’t, c.57,c.84,p.28 amount of license for, . 192, sub-d. 1-2 REWARD — offered by mayor, . . 82 SCALES — public, authority to erect, . . . . c. 75 established and rented, .... 222 duties of keepers of, 223 SCHOOL — public, power to establish, . p. 28, c. 84 district, city constituted, . . p. 29 extent of, p. 29, s. 1 ; 203 sustenance of, . p. 29, s. 2; 204 controlled by b’d of ed., p. 31, s. 6 who entitled to seats in, p. 31, s. 8 funds of, . P-31, s. 10; 204 standing committee on, . . 39 duty of, . . 43 amount of taxes for, .... 177 what students eligible to, . . 210 how moneys of kept, . . . 211 paid out, . . 212 fines devoted to, ..... 213 disturbing occupants of, ... 508 SECRETARY — board may have, . . c. 25 attach seal to deed, . . . c. 47 notify purchaser of redemption, . c. 52 registers electors, . . . . c. 76 ; 9 furnishes registration lists, . . 13 cannot delegate authority, ... 61 must nominate substitute, . . .62 attends meetings and keeps minutes, . 88 records ordinances, . . 89 records reports, 90 must index books, .... 91 records bonds, ..... 92 issues licenses, 94 keeps license book, . . .95 keeps books and countersigns drafts, . 93 keeps account with tax collector, . 96 with marshal, . . 97 treasurer, . . .98 arranges and analyses accounts, . . 99 deposits bonds, etc., with treasurer, . 100 attends to printing, .... 101 other duties of, ..... 102 gives tax list to collector, . . 131 issues licenses, .... 187 fees of, .... 239 summary judgment against, . . 257 SERVANTS — enticing away, 436 enticing under contracts, . . . 437 amount of license for, 192, sub-d. 25 SEXTON — of city, amount of bond of, - 52 general duties of, - 161 has charge of lots, - - - 162 keeps register & requires certificate, 163 buries paupers, - - 164 digs graves and opens tombs, - 165 fine of, - 166 neglect of duty by, - - 167 fees of, ... 251 SHERIFF — of eouuty. must receive convict, p. 29, c. 85 ; 290 receives list of firemen, p. 33, s. 5 marshal has power of, - - 108 SIDE-WALKS — pavements upon, - 214 marshal reports defective, - - 215 mayor requires pavement of, - - 216 when paved by marshal, ... 217 expense of paving, - - 218 penalty for failing to pave, - - 214 penalty for obstructing, - - 390 ; 409 refuse matter removed from, - - 410 SKATING-KINK — power to license, - - p. 28, c. 84 amount of license, - 192, sub-d. 13 SLAUGHTER-HOUSE— board may authorize keeping of, - p. 25, c. 82 ; 200 suppress, if nuisance, - p. 25, c. 83 ; 201 discontinuance of, - 202 keeping within corporation, - 433 SLING-SHOT — penalty for shooting, ... 376 STREETS — overseer appointed, - - c. 38; 116 must be worked, - - - c. 38 power to repair, etc., - - c. 59 may open new, - - - c. 60 convicts may labor on, - p. 29, c. 84, c. 72 bonds for opening, - - - p. 27, c. 79 standing committee on, 39 powers and duty of committee, - - 40 marshal acts as overseer of, - - - 116 amount of tax for, - - - - - 175 penalty for obstructing, - 409 ; 338 ; 389 encroaching upon, - - 390 leaving excavations on open, 395 hanging signs on, - - 398 refuse matter removed from, - - 410 ball playing upon, - 413 SUBPOENAS — issuance, form, and effect, - - - 281 judgment nisi upon, - 282 SUMMARY PROCESS— against officers of city, - c. 71 motions for, 253-261 SLTMMONS — issued by mayor, - - - 264 form of, - - - - - 264 SLTNDAY — working on, - - - - 343 games on, - - - - - 344 barbering on, 345 who may work on, - 346 keeping open doors on, - - - 347 XXI. I I I / [, ) m i n tv or in ii;( i m 1 ! 1.7. TAXES — by whom collected, - - - c. 30 levied by mayor and aldermen, - c. 34; 130 how laid, - - - c. 35 When, assessed too high, ... c. 36 force of levy and assessment of, . c. 42 warrant for collection, . . c. 43; 130 bonds receivable for, .... 27 for school purposes, . . . p. 30, s. 2 rate of, . . . . p. 42, s. 7 assessed by assessor, . . . 122 ; 125 duty of tax payer in relation to, . 124 false lists of, 126 objections to assessment of, . . 128 objections heard by board, . . 129 collector’s duty in regard to escaped, 133 ; 147 notice of when due, . . . 132 for street purposes, . . . 175 amount of on property, . . . 176 for school purposes, . . . 177 assessed on cash value of property, . 178 by whom property listed for, . . 179 to whom property assessed for, . 180 commencement and end of tax year, . 181 force of judgment for, . . . 182 contents of list for, . . . 183 penalties for not giving in, . . . 184 failure to render list for, . . . 453 refusing to testify as to, . . . 455 TAX YEAR — beginning and end of, . 181 TIE VOTES— proceedings in case of, . c. 9 ; 20 ; 22 probate judge certifies, . . . c. 15; 29 determined by board, . 22 TELEGRAPH — power to license companies for, p. 28, c. 84 injuring property of, . . 316 TELEPHONE — power to license companies for, p. 28, c. 84 injuring property of, . 316 allowed to erect poles, - . . 438 marshal directs placing poles, . . 439 injuring property of, . . 440 XXII. HI UJI W Mltl AMI • / (W.LM tl TREASURER— of city, amount, of bond, ... 52 fines paid to, . . .68 cannot delegate authority, . . 61 must nominate substitute, . 62 secretary accounts with, . . 98 marshal pays fines to, . . 113 receive, money, and receipts, . 148 general duties of, . . 149 manner books kept by, . . 150 yearly statement of, . . 151 fees of, ..... 249 summary judgment against, . . 259 TREES — injuring, 317 ; 326 hitching stock to, ... 318 ; 391 TRESPASS — after warning, penalty for, . . 321 in cemetery, . . . 325 ; 326 TUSCALOOSA — charter of, . . . p. 7 boundaries of, . . c. 1 inhabitants of, body politic and corporate, c. 2 may purchase real estate, c. 2 city divided into wards, . . c. 3 franchises continued, . . . c. 78 constituted separate school district, p. 29 ; 203 adoption of code, . . . p. 45 quarantine established in, . . 195 VAGRANTS — power to suppress, . . c. 68 penalty for, 435 VEHICLES — power to license, p. 28, c. 84 driven to right, . . . . 399 causing collision, . . . .411 VOTING — illegal, power to punish, . . . . c. 77 penalty for, ..... 366 WARDS — Tuscaloosa to be divided into, . . . c. 3 how and when division into changed, . c. 3. one alderman elected from each, . . c. 4 division of city into, . . 2 WAREHOUSES— power to license, . . p. 28, c. 84 amount of license for, . 192, sub-d. 18 WARRANT — issuance and form of, ... 266 arrest without, .... 267 ; 268 n vi fifiiv or ii (1 r: 0 / u / xxiii. WATER — allowing stagnant, . .... 429 WATER-WORKS — bonds for establishing, . c. 79 authority to establish, . . c. 63 WEAPONS — penalty for carrying concealed, . 420; 380 WITNESS— subpoenas for, 281 judgment nisi on default of, ... 282 when in contempt, .... 283 WORDS — meaning of, ..... 1 YARDS — coal and wood, power to license, p. 28, c. 84 UNIVERSITY OF ILLINOIS-URBANA 3 0112 072663625