action originally existed against the annexing city or town.

Section 5. All suits pending, brought by the Suits brought city or town annexed, shall on motion, be made by. a suit by the city or town annexing the other city or town, and the right to prosecute such suit, to final judgment by the annexing city or town shall exist the same as if the right of action originally existed in favor of the annexing city or town.

Section 6. All rights of action existing in fa- Rights of acvor of the city or town annexed shall be a right tion in favor of action existing in favor of the city or town an-of. nexing the other city or town, and the annexing city or town may bring suit the same as if such right of action originally existed in favor of the annexing city or town.

Indebted

Section 7. All indebtedness and obligations of ness every kind and character of the city or town an- nexed city or nexed shall be paid, or payment thereof assumed town. by the annexing city or town, as between the city and town annexed and the annexing city or town, the agreement of annexation and terms thereof shall be binding as regards the payment or assumption of such indebtedness, but as to the creditor, the payment or assumption of payment by the annexing city or town shall be absolute and unconditional.

a contract.

Section 8. The agreement of annexation shall Agreement of be and shall be held to be a contract by and be- annexation tween the city or town annexed and the city or town to which annexation is made, and no amendment hereof or subsequent law enacted shall in any wise abrogate or change the terms of the agreement of annexation, and any person residing in or owning property in the territory which was embraced within the city or town annexed shall have the right in a court having jurisdiction to require the annexing city or town to abide by and carry out the provisions of the agreement of annexation.

Section 9. It shall be the duty of the council Ordinances to or governing body of the annexing city or town carry out to enact such ordinance and pass such resolu- agreement.

nexation

dissolved.

tions as may be necessary, or deemed necessary to carry out the agreement of annexation, and any ordinance or resolution enacted or passed by the council or governing body of the annexing city in violation of the terms and provisions of the agreement of annexation shall be and shall be held to be void.

Section 10. The annexed city or town from Annexed city and after the time of annexation, under the terms hereof, shall be and shall be held to be dissolved, and from and after the time of such dissolution all of the ordinances, resolutions and by-laws of the annexing city shall apply to and be enforc able in the territory which was embraced in the annexed city or town, except in so far as is inconsistent with the terms and provisions of the agree ment of annexation.

over territory annexed.

Section 11. The rights, powers, duties, liabili Rights, etc. of ties and jurisdictions of the annexing city over annexing city the territory embraced in the corporate limits of the city annexed, and over the inhabitants thereof, shall attach immediately upon the dissolution of the annexed city as herein provided, except in so far as limited by the terms and provis ions of agreement of annexation.

Exemption from taxation.

Section 12. The agreement of annexation may provide for specific territory and property having a situs thereon embraced in the annexed city or town to be exempt from city taxation or the payment of taxes to the annexing city not exceeding a period of ten years and may provide a maxiMaximum - mum license tax to be annually assessed and collected by the annexing city from each and every person, firm, company or corporation engaging in or carrying on any business, vocation, occupa tion or profession in the territory exempt from taxation.

cense tax.

New wards created.

li

Section 13. The council or governing body of the annexing city shall create new wards (as many as may be deemed to be necessary) regard less of any limitation in the charter of the annexing city on the number of wards, or enlarge wards so as to embrace all territory embraced in

the annexed city, and so as to afford opportunity to all persons in the territory embraced in the annexed city to vote at all elections and participate in the government of the annexing city and each ward in the annexing city shall have the same number of aldermen, but in no event shall there be more than thirty aldermen or representatives in the council or governing body of the city, and the council or governing body of the city, shall elect aldermen for the wards, embracing the territory of the annexed city, as in case of a vacancy, the aldermen so elected to hold office until the next regular election of the annexing city, at such election and thereafter aldermen for such wards shall be elected as other aldermen are elected in the city, and if the agree ment of annexation names the aldermen to be elected to fill the office of aldermen until the next ensuing election, the parties named shall be elected aldermen by the council or governing body of the annexing city. The council or governing body of the annexing city shall by ordinance or resolution, create new wards or change the line or wards as often as may be necessary covering the territory embraced in the annexed city for the purpose of making equal as near as practicable the voting population in each ward in the annexing city and the council or governing body of the annexing city shall divide the respective wards in the city into voting precincts as many

as may be necessary, and each elector shall vote Voting prein the precinct of his residence, and the boun-cinct. dary of such voting precincts shall be arranged and re-arrange from time to time so that as near as practicable not exceeding four hundred elec

tors reside in any voting precinct.

Section 14. The provisions hereof shall in no Effect of prowise preclude any city or town from being an-visions. nexed and merged into another city or town in

any way that may be provided by law.

Section 15. The mayor or other head of the When comgoverning body of any city or town shall appoint missioners apthe commissioners provided for in section one pointed.

hereof. (1) Upon the adoption of a resolution by the governing body calling for such appointment; (2) upon the presentation of a petition to the governing body signed by one-third of the qualified electors residing within such city or town.

Approved August 15, 1907.

May extend

its.

No. 677.)

AN ACT

(H. 34.

To provide means for the extension of the corporate limits of cities having twenty-five thous and inhabitants or over, and exempting from city taxation property brought within the corporate limits for certain periods of time, and fixing the rights, powers, duties, liabilities, and jurisdiction of the city over the territory brought into the corporate limits, and the rights of the inhabitants thereof, including rights relating to public schools, and to provide for the apportionment between a city and county of the road and bridge tax collected by the county on property within the city, and the expenditure of the fund by the city. Be it enacted by the legislature of Alabama as follows:

Section 1. Any city having twenty-five thous and inhabitants or more, at the time territory is corporate lim-brought within its limits under the provisions hereof, as shown by the next preceding national census, or state census, may, at its election, in the manner herein set forth, from time to time, extend its corporate limits in the manner and with the rights, powers and privileges as set forth herein, but the provision of this act is not to preclude any city from extending its corporate limits in any other way or manner that may be authorized by law.

Mode of ex

Section 2. Whenever the council or governing tending corpo- body of the city shall pass a resolution to the ef rate limits. fect that the public health or public good requires

that certain territory, describing it, shall be brought within the limits of the city-(1) It shall be the duty of the mayor or other executive head, of the city to certify a copy of such resolution to the judge of probate of the county in which the land is situated proposed to be brought into the city and said certified resolution shall have attached thereto a plat or map of the territory proposed to be brought into the corporate limits of the city, which certified resolution and plat or map shall be filed by the judge of probate. (2) Within ten days from the date of the filing of such certified copy of resolution, with plat or map attached the judge of probate must make and enter an order upon the minutes of said court directing and ordering an election to be held by the qualified electors residing within the territory described in such plat or map, not less than twenty days nor more than forty days from the date of the making of the order. The said judge shall give notice of the holding of such election by publication in at least one newspaper (and at the discretion of the judge, in more than one newspaper) published in the county wherein such election is to be held which notice shall state the day on which the election shall be held, the voting place or places at which the election will be held, the boundaries within which voters must reside to vote at the respective voting places, which must be within the territory proposed to be brought into the city, and such notice must give a description of the territory proposed to be brought into the city, and must state that a map showing the territory proposed to be brought into the city is on file in the office of the judge of probate of said county, open to the inspection of the public. (3) The judge of probate may designate as many voting places in the territory proposed to be annexed as he may deem necessary for the convenience of the voters and must designate the boundaries within which the voters must reside to vote at the respective voting places, and shall appoint three inspectors of elec