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Oct. 10, 1903, p.

411, § 1.

if it is so executed, for the purpose of providing money to construct such plant, the fact that such mortgage is executed before the construction of such buildings and plant shall not render such mortgage invalid.

1460. Power of municipal corporations to care for sick or wounded persons.-The board of mayor and aldermen, or other governing power, of cities in this state, may make appropriations out of the revenues of their respective cities to aid in maintaining and taking care of the sick or wounded persons, who are unable to provide such maintenance and care for themselves in any hospital maintained in their respective cities, exclusively for the care of the sick or wounded within the limits of such cities.

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NAVIGATION (Civil Code)..

NAVIGATION AS TO WATERCOURSES (Civil Code).

128

.6143-6146

4901-4957

.6143-6150

NAVIGATION COMPANIES (Civil Code).

NE EXEAT (Civil Code)..

NEGLIGENCE (Civil Code)..

3481

..3179, 3180, 3188

.2484-2486, 3910-3912, 5473-5476

NEGLIGENCE AS TO MUNICIPALITIES (Political Code).......1273, 1274
NEGOTIABLE INSTRUMENTS AND COMMERCIAL LAW (Civil Code)

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Terms of Executive and Judical Officers Defined; Installation.

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TERMS OF EXECUTIVE AND JUDICIAL OFFICERS DEFINED; INSTAL-
LATION. 1461-1466.

PERSONS INELIGIBLE TO OFFICE; RESIDENCE AND COMMISSION;
FILLING VACANCIES. 1467-1474.

ARTICLE 1.

ARTICLE 2.

ARTICLE 3.

ARTICLE 4.

ARTICLE 5.

BONDS BY GUARANTEE COMPANIES.

ARTICLE 6.

ARTICLE 7.

OATHS OF OFFICE. 1475-1482.
OFFICIAL BONDS. 1483-1506.

1507-1524.

ADDITIONAL BONDS AND NEW SURETIES IN CERTAIN CASES.
1525-1539.

THE DISCHARGE OF SURETIES ON OFFICIAL BONDS IN CERTAIN
CASES. 1540-1548.

ARTICLE 8. BOOKS, PAPERS, PROPERTY AND MONEY OF PUBLIC OFFICERS

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VACATING OFFICE, DEATH, RESIGNATION, INSANITY, REMOVAL. 1556-1568.

ARTICLE 9.

ARTICLE 10.

SALARIES OF OFFICERS; WHEN PAYABLE. 1569-1571.

ARTICLE 1.

TERMS OF EXECUTIVE AND JUDICIAL OFFICERS DEFINED; INSTALLATION.

1461-1466.

As amend

1901, §

116; Oct.

438, § 26.

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1461. (3052) (3053) Terms of governor and other executive ed, Const. officers.-The governor, lieutenant-governor, attorney-general, state auditor, secretary of state, state treasurer, superintend9, 1903, p. ent of education, commissioner of agriculture and industries, shall hold their respective offices for the term of four years from the time of their installation in office, and until their successors shall be elected and qualified, such installation to take place on the first Monday after the second Tuesday in January next after their election.

Oct. 9, 1903, p. 438, § 26.

Original statutes regulating public officers.-Toulmin 's Digest, pp. 666 et seq. (Feb. 21, 1893, p. 1091, § 1.)

1462. Terms of office of railroad commissioners.-The president of the railroad commission and two associate railroad commissioners shall hold office for the term of four years from the time of their installation in office and until their successors shall be elected and qualified, such installation to take place

Terms of Executive and Judical Officers Defined; Installation.

on the first Monday after the second Tuesday in January next after their election.

ed, Const.

Oct. 10,

1903, p. 493, § 1.

1463. (3054) Terms of judicial officers.-The chief justice as amendof the supreme court and associate justices of said court, super- 1901, 156; numerary judge, circuit judges, chancellors, judges of probate courts, and clerks of the circuit court, and judges of inferior courts, when not otherwise provided for by law, shall hold their respective offices for the term of six years from the first Monday after the second Tuesday in January next after their election, and until their successors are elected and qualified.

(Feb. 21, 1893, p. 1091, § 3.) The general election law in connection with $155 of the constitution, as to the election of probate judges and time of holding office held not to postpone commencement of the term of office of the probate judge elected in November, 1904.-Prowell v. Hasty, 142 Ala. 80 (39 So. 164.)

450, 27.

1464. (3055) Terms of office of county officers.-The sheriff, Oct. 10, one coroner, county commissioners, or members of board of 1903, p. revenue or boards or courts of like jurisdiction, one county treasurer, one county superintendent of education, two justices of the peace, and one constable for each election precinct, shall hold their respective offices for the term of four years from the first Monday after the second Tuesday of January next after their election, and until their successors are elected and qualified.

(Clay's Digest, p. 162, § 2.; Feb. 21, 1893, p. 1091, § 4.) When justice of the peace is de facto officer; when term of office begins and ends under new election law. Stephens v. Davis, 39 So. 831. Legislature may create or abolish county precincts; effect of abolishing precinct is to terminate the office of the officers for such precinct.-State v. Sawyer, 139 Ala. 138 (36 So. 545). Purpose and effect of hold-over clause.-City Council v. Hughes, 65 Ala. 201; Lane v. Kolb, 92 Ala. 636 (9 So. 873).

1465. Terms of office of circuit solicitors.-Circuit solicitors Ib., p. 451, shall hold office for the term of four years from the first Mon- $ 30. day after the second Tuesday in January next after their election, and until their successors are elected and qualified.

870.

1466. Terms of office of tax assessor and tax collector.-One Oct. 1. tax assessor and one tax collector for every county shall be 1903, p elected at the general election in 1908, and every four years thereafter, who shall hold office for the term of four years from the first Monday of August next after their election, and until their successors are elected and qualified.

Persons Ineligible to Office; Residence and Commission; Filling Vacancies.

ARTICLE 2.

PERSONS INELIGIBLE TO OFFICE; RESIDENCE AND COMMISSION; FILLING

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Const.

SECTION.

1467. Persons ineligible to office.
1468. Residence of officers.

1469. Commissioned officers.

1470. Commission.

1471. When commission issues to
officers.

SECTION.

1472. Commission not necessary. 1473. Acts of de facto officer valid. 1474. Vacancies in state and county offices; how filled; term of office.

1467. (3056) (241) (149) (144) (105) Persons ineligible to 1901, $ 60. office. The persons who are ineligible to, and disqualified for holding office under the authority of this state, are

(r.c.c.)

1. Those who are not qualified electors, except as otherwise expressly provided.

2. Those who have not been inhabitants of the state, county, district, or circuit, for the period required by the constitution and laws of the state.

3. Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or any other crime punishable by imprisonment in the penitentiary, and those who are idiots or insane.

4. Those who have in this state, or in any of the United States, given, accepted, or knowingly carried a challenge to fight with deadly weapons.

5. Those against whom there is a judgment unpaid, for any moneys received by them in any official capacity, due to the United States, this state, or any county or municipality thereof.

6. Soldiers, seamen, or mariners in the regular army or navy of the United States.

7. No person holding an office of profit under the United States, shall, during his continuance in such office, hold any office of profit under this state; nor shall any person hold two offices of profit at one and the same time under this state, except notaries public.

Original statutes regulating public officers.-Toulmin's Digest, pp. 666 et seq. (Clay's Digest, p. 169, § 2.) Administrators, general or special, not officers within meaning of constitution or statute.-Mitchell v. Nelson, 49 Ala. 90. A police judge is an officer within the meaning of constitution and statutes.-Montgomery v. State, 107 Ala. 372 (18 So. 157). State printer is officer within meaning of statute.-Ex parte Screws, 49 Ala. 64. Solicitor of the county is officer within meaning of constitution and statutes.-Diggs v. State, 49 Ala. 326.

1468. (3057) (244) (152) (147) (108) Residence of officers. -All officers must reside in this state,and keep their offices in such places as are or may be designated by law.

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