Feb 26, 1903, p. 90, § 1. Ib. Ib., § 2. 158. Ordering election for issuing bonds for public improvements.-The courts of county commissioners and boards of revenue in the several counties may order elections to be held in their respective counties for deciding whether or not the bonds of the county shall be issued for the purpose of constructing, or paying debts created for constructing, public buildings, including schoolhouses and buildings, public roads, bridges, or such other purposes as are authorized by law. 159. Second election not ordered within one year.-No second election under this article shall be held within one year after an election theretofore held for the same purpose, unless it be to authorize the issue of bonds to rebuild public buildings, including schoolhouses and buildings or bridges destroyed since the issue of the order for holding of such first election. 160. Notice of election; contents, posting, etc.-Notice of such election shall be given for thirty days by publication in a newspaper published in the county in which the election is to be held once a week for three successive weeks, which notice shall state the purpose for which the election is to be held, and the time and place for holding the same, the amount of the proposed bond issue, and the maximum rate of interest proposed to be paid, and the time for which the bonds shall run, and the purpose for which the bonds are to be issued, and such notice shall be signed by the probate judge or chairman of the board of revenue of the county in which the election is to be held, and if no newspaper is published in the county, the notice must be posted in five public places in the county at least thirty days before the time of holding the election. Validity of election held under statute.-Wilson v. Pike Co., 144 Ala. 397 (39 So. 370). County Bonds; Election as to Issue. 161. Ballot; form and character of.-The ballot used at Feb. 26, such election must be prepared by the probate judge and 1903, p. shall contain the words, "for and "against bond issue." bond issue" (the character of the bond to be shown in the blank space), and the voter shall indicate his choice by placing a cross mark before or after the one or the other. 90, § 3. 162. Managers of election; appointment of.-The probate Ib., § 4. judge, the circuit clerk and the sheriff of the counties in which elections are held under this article, within ten days after notice in writing to them of the calling of such election, shall appoint three managers and one returning officer to conduct the election in each beat or polling place in the county; and in the appointment of managers the said officers shall, if practicable, appoint one person who is known to be in favor of the issuance of the proposed bonds, and one person who is known to be opposed to the issuance of the proposed bonds, and said managers shall all reside in the beats, wards, or precincts where they are appointed to serve, and shall be qualified electors at said election. 163. Sheriff notifies managers, sends out boxes, etc.-The Iь., § 5. sheriff shall notify the managers and returning officers of their appointments, and shall send out the boxes and ballots to the several beats or voting precincts in the county promptly. 164. Expenses of election. All expenses for holding such Ib., § 6. elections shall be paid out of the treasury of the county in which the same is held; and the managers, clerks, and returning officer shall be entitled to the same compensation as managers, clerks, and returning officers of the general election. 165. Canvassing board.-The clerk of the circuit court, pro- 1b.. § 7. bate judge and sheriff of the county in which an election is held under this article shall constitute a board to canvass the returns and declare the results of such election, and they shall meet at the courthouse of the county in which the election is to be held on the Saturday following holding said election and canvass the returns and declare the result of said election; and in case either of the three should be absent, the two present shall act. 1903, p. 90, § 8. 166. Contests.-A contest of the election held under this arti-Feb. 26, cle in any county may be made by any qualified elector of the county by executing a bond, with two sufficient sureties, to be approved by the judge of probate of the county for the payment of the costs of the contest. Notice of the contest shall be served on the circuit solicitor of the county in which the contest is instituted. Upon the execution of a bond for costs Feb 26. 1903, p. 90. $9. Ib., § 10. Ib., § 11. Ib., § 12. Ib., § 13. Ib., § 14. County Bonds; Election as to Issue. signed by three or more qualified electors of such county, to be approved by the judge of probate of the county, said solicitor shall respond in the name of the county, and the county shall be contestee. Both in the lower and appellate courts said contest shall be a preferred case. All provisions and incidents of the election law of this state, including a contest, which pertain to the election of judges of probate, shall be observed at the election herein ordered, as far as the same are applicable and not out of harmony with the provisions of this article. 167. Record of returning board. The record of the result of the election held hereunder, as returned by the board of canvassers, shall be recorded in the minutes of the board of revenue or court of county commissioners of the county in which the same is held, and when so recorded the record shall be conclusive evidence of the matters therein stated, and of the validity of such election, unless contested, as provided in the preceding section. 168. Issuance of bonds.-If at an election held under and according to the provisions of this article, a majority of the qualified electors of the county voting at the election vote "For bond issue," the court of county commissioners or board of revenue of the county in which such election is held shall issue bonds of such county in the amount and for the purposes mentioned in the notice of said election. 169. Value and quality of bonds.-All bonds and interest coupons attached to the same issued under the authority of this article shall be exempt from state, county and municipal taxation, and the same shall have all the properties and protections of commercial paper. 170. Time limit; interest rate of bonds.-The denominations of the bonds, the time for which the same shall run, the place of payment, and the rate of interest to be paid on the same, shall be fixed by the court of county commissioners or board of revenue issuing the same, but no bonds issued under the provisions of this article shall bear a greater rate of interest than five per cent per annum, and the same shall not be sold for less than face value. 171. By whom signed.-All bonds issued under the authority of this article shall be signed by the probate judge and countersigned by the treasurer of the county in which the same are issued, and the official seal of the probate court shall be impressed upon or affixed to the same. 172. Interest coupons.-All bonds so issued shall have attached to the same interest coupons, which shall be signed by the probate judge and the treasurer of the county issuing the County Sites and Courthouses, Changing and Locating; Election for. 1903, p. 90, § 15. same, but the signatures of the probate judge and treasurer may be printed or lithographed in facsimile upon said coupons. 173. Irregularity in proceedings does not invalidate bonds Feb. 26, issued under it.-No irregularity in the proceedings to authorize the issue of bonds under this article, nor the omission or neglect of any officer charged with executing any of the duties imposed by this article shall affect the validity of any bonds issued under the authority hereby conferred. 174. General election laws govern.-Where no provisions are otherwise made herein, the general election laws of the state then in existence with regard to all notice, qualification of voters, official acts and things to be done in connection with ordering and holding elections, making returns, canvassing, and certifying the same, shall govern in all respects; and all penalties fixed for wrongful acts and violations of the general election laws of the state shall apply to similar acts and violations in all elections held under this article. ARTICLE 9. COUNTY SITES AND COURTHOUSES, CHANGING AND LOCATING; ELECTION 175. Petition of qualified electors for election to change county seat.-A majority of the qualified electors of any Ib. Mar. 3. 1903, p. 117, § 1, Const. 1901. § 41. Mar. 3, 1903, p. 117, § 1. Ib., § 2. [b., § 2. Ib. Ib. Ib.. § 3. County Sites and Courthouses, Changing and Locating; Election for. This statute was enacted as a general law and required no notice.-State v. Porter, 145 Ala. 541 (40 So. 144). 176. Governor appoints commissioners.-The governor shall, within thirty days after the filing of the petition with him, appoint three commissioners for such election, who shall be qualified electors of such county, and shall not hold any state or county office; and thereupon the governor shall cause them to be notified of their appointment. 177. Board of commissioners of county seat election designated. The persons so appointed shall be known as the "Board of Commissioners of County Seat Election," and the governor shall designate one of them as the chairman of such board. 178.-Oath of commissioners.-Each of the persons appointed must, within fifteen days after his appointment, take and file in the office of the secretary of state an oath to support the constitution of the United States and the constitution of Alabama, and to honesty, faithfully, and impartially perform the duties required of him as commissioner of county seat election. 179. Commission issues.-A commission shall issue in the usual form, accompanied by a copy of said petition certified to by the secretary of state, on the payment of the usual fees therefor for the use of the state. The secretary of state shall file and record said petiton in his office. 180. Filling vacancies in office.-If any person appointed commissioner shall fail or refuse to qualify; or if any vacancy shall occur in the membership of said board at any time during its existence, the governor shall fill such vacancy and the appointee shall qualify as provided in the preceding sections. 181. Removal of commissioners and appointment of successors. If at any time it shall be made to appear to the governor that any commissioner has willfully neglected to discharge in good faith any duty resting upon him under the provisions of this article or is physically unable or otherwise incompetent to properly perform such duties, or is seeking in any manner to prevent or defeat a full and fair expression of the wishes of the qualified electors of the county on the question of such removal of the, county seat, the governor |