a vote of the citizens entitled to vote under the provisions of this act, and unless a majority of such citizens voting on such question, shall vote for same, this act shall not go into operation.

To incorporate the city of Tuskaloosa.

SECTION 1. Be it enacted by the General Assembly of Alabama, That all that tract of land included within the following boundaries, viz: Beginning at the southwest corner of section twenty-two, in township twenty-one of range ten west, and running east on the south boundary 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 section fifteen and twenty-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 established, shall be and they are hereby constituted and declared a body corporate and politic, by the name and style of "the mayor and aldermen of the city of Tuscaloosa," and by their said corporate name and style, may sue ahd 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

Boundaries.

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 further enacted, That the mayor and aldermen now in office in the city of Tuscaloosa shall, between the second and fourth Mondays in laid off by pres- November, 1873, divide and lay off the territory ent authorities within the corporate limits of said city, into wards,

Wards to be

1873.

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 examine said wards; and if in their opinion, it shall be necessary for more 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 Election for cause an election to be holden on the first Monday in December A. D., 1873, for a mayor of the city of Tuskaloosa 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 determine; 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.

election.

SEC. 5. Be it further enacted, That he said Notice of 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 four o'clock p. m. at each election.

voters.

Qualified

SEC. 6. 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 do business within said corporate limits and pay 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 further enacted, That any elector of said city, who is twenty-one years of age or up- Eligibility. wards shall be eligible to the office of mayor 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 alder-. men, his office shall be thereby vacated. And Offices: how should any alderman remove from the ward in vacated. 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.

Vacancies to

citizens.

SEC. 8. Be it further enacted, That whenever any vacancy shall occur, either by death, resignation, refusal to accept, removal or absence as afore- be filled by the said, in the office of mayor or alderman, 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 va

cancy.

SEC. 9. Be it further enacted, That should two or more competing candidates for the office of mayor receive an equal number of votes, the aldermen In case of a tie 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 declare which of said candidates so receiving an equal vote shall be alderman 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 or aldermen, Contested elecs or marshal of said city of Tuskaloosa may be con

tion.

tive to contests

tested 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 supervisors. 2d. When the person whose election to such office is contested was not eligible thereto. at the time of such election. 3d. On account of illegal votes. 4th. Any intimidation, threats to discharge from employment, offers to bribe or bribery, violence, abuse, or any other unlawful 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 men"Further, rela- tioned in section 10 of this act, must within fifteen days after such person is declared duly elected, present a statement 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 from 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 to be approved by such judge, but in no case shall the judge of probate required more than five hundred dollars as security,

ment to

be

SEC. 12. Be it further enacted, That a copy of such statement, with the day of trial endorsed Copy of state- thereon, must be served on the person, whose elecserved on oth- 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 endorsed thereon.

er party.

attendance of witnesses.

SEC. 13. Be it further encted, After the notice required has been given, either party is entitled to Compulsory supœnas 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 to any regular 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 Testimony by in like manner as in matters litigated in probate deposition. courts. The witnesses and commissioners are entltled to the same compensation as in other cases; and 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.

probate judge.

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 Authority of 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 determination of questions of law and fact, in the courts of law in this State, so far as the same are applica ble, 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 enactad, That if it appear that two or more persons have received an equal number of legal votes for such office, the trial of Cases of tie. said cause, must be temporarily adjourned, and such result certified 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 ment must be rendered, declaring such person to whom such vote is given elected.

How in case of

SEC. 17. Be it further enacted, That when the person whose election is contested, is proved to be ineligible to the office, judgment must be rendered, proven ineligi declaring the election void as to such person, and bility. the person having 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.