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Election.

Counting the votes.

nor more than sixty days after the date of said proclamation.

SEC. 23. Be it further enacted, That at the election provided for by the preceding section, every qualified voter who is in favor of the ratification of the constitution so framed by said convention shall declare the same by depositing his ballot at the voting place where he may be entitled to vote, by making a cross mark before the words "for constitution," written or printed, or partly written and partly printed thereon, and every qualified voter of this State, voting at said election who is against the ratification af said constitution shall deposit his ballot, marked with a cross mark before the words "against constitution," written or printed, or partly written and partly printed thereon. That the returns of this election shall be made in the same manner and within the same time and by the same officers and certified by them to the same officer and in the same form as herein provided in section five of this act.

SEC. 24. Be it further enacted, That within fifteeu days after the day on which the election shall be held for the ratification or rejection of said constitution, it shall be the duty of the governor, secretary of State and attorney general to assemble in the office of the secretary of State, and open the returns of said election, and they shall count the votes which may have been cast "for constitution" and "against constiution," as appears from such returns, and the result shall be certified to the governor by the secretary of State and attorney-general, and by him made known to the people of this State by his proclamation, published as provided by section 6 in this act; and from and after a day to be made known in such proclamation, not mote than ten go into effect. days from the date thereof, if the said constitution shall be found to have been ratified by a majority of all the qualified electors voting at said election, the said new constitution so ratified shall go into immediate effect as the constitution

When shall

of the State of Alabama, and shall thenceforth be binding and obligatory as such upon all the people of this State.

publication

SEC. 25. Be it further enacted, That at the time of the publication of the proclamation by Proposed the governor causing said proposed constitution constitution; to be submitted for ratification or rejection to the of qualified voters of this State, it shall be the duty of the governor to cause a copy of said proposed constitution to be published as his proclamation, by section six of this act as directed to be published, or to be printed upon a separate sheet and circulated with the newspapers, in which the proclamation required by said section shall be published.

SEC. 26. Be it further enacted, That if an election shall be called as required under section official bat22 of this act, it shall be the duty of the probate lots. judges of each county in the State to prepare and furnish the official ballots to be voted at such election as now required under the general election laws of the State, and which official ballot shall be prepared according to the requirements of section 23 of this act, and no other than an official ballot shall be cast and counted in said election, and such election shall be held and conducted as general elections are held except so far as changed by the provisions of this act.

Approved December 11, 1900.

No. 104]

AN ACT

[s. 84

To amend section 1166 of the code of Alabama.

SECTION 1. Be it enacted by the General Assembly of Alabama, That section 1166 of the code of Alabama be amended so as to read as fol- Code amended; lows: "1166 (1583) (2008). Consolidation of $1166. railroad corporations. Whenever the lines of any two or more railroads, or contemplated railroads chartered under the laws of this or any

Code amended 1166.

other State, which when completed, may admit the passage of burden or passenger cars over any two or more of such roads continuously without break or interruption, such companies are authorized, before or after completion, to consolidate themselves into a single corporation, in the manner following: The directors of such corporations may enter into an agreement, under the corporate seal of each for consolidation, prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number of the directors thereof, which shall not exceed thirteen, the time and place of holding the first election of directors, the number of shares of capital stock in the new corporation, the amount of each share, the manner of converting the shares of capital stock in each corporation into shares in the new corporation, the manner of compensating the stockholders in each of the two or more corporations who refuse to convert their stock into the stock of the new corporation, with such other details as they shall deem necessary to protect such consolidation and such new corporation shall possess all the powers, rights and franchises conferred upon the two or more corporations, and shall be subject to all the restrictions, and perform all the duties imposed by the provisions of this article. The stockholders in either of such corporations, who shall refuse to convert their stock into the stock of the new corporation shall be paid actual value for each of their shares held by them, if they shall so require previous to the consolidation being consummated. Such agreement of the directors shall not be deemed to be the agreement of the two or more corporations until after it has been submitted to the stockholders of each of the corporations separately at a meeting thereof to be called upon a notice of at least thirty days, specifying the time and place of such meeting and the object thereof, to be addressed to each stockholder when his place of residence is known and deposited in the post

office, and published for at least three successive weeks in one newspaper in one of the cities or towns in which each of such corporations has its principal office of business, and has been sanctioned by such stockholders by a vote of at least two-thirds in amount of the stockholders present at such meeting, voting by ballot in regard to such agreement either in person or by proxy, each share of capital stock being entitled to one vote. When such agreements of the directors have been so sanctioned by each of the meetings of the stockholders separately after being submitted to such meetings in the manner above mentioned, then such agreement shall be deemed to be the agreement of the two or more corporations: Provided, that every such new corporation so formed shall keep an office in the State of Alabama, and be in all respects subject to the laws of the State of Alabama as a domestic corporation."

Approved Dec. 10, 1900.

No. 106]

AN ACT

[s. 97

To provide for the printing and illustration of the bulletins and reports of the State geologist.

Bulletins of
State geolo-

SECTION 1. Be it enacted by the General Assembly of Alabama, That whenever the State geologist has in hand, ready for publication, State material for a bulletin or any other report of his surveys and investigations of the mineral, agricultural, or other natural resources of the State, he shall report the same to the governor, and a committee consisting of the governor, secretary of State, and State geologist shall then determine the number of such bulletin or report which shall be printed and published.

SEC. 2. Be it further enacted, That when the number of such bulletin or report to be printed Printing and

binding.

Payment.

Repeal.

and published has been so determined, the gov ernor shall order the same to be printed and bound forthwith at such times and places, and in such manner and style as regards size, type, quality of paper, binding, etc., s said committee may deem best, and in similar manner he shall have engraved and printed all charts, maps, views, drawings, sketches or details as may be deemed necessary by said committee to properly illustrate such bulletin or report. And for the purposes herein mentioned, when, in the opinion of said committee, the State printers are not prepared to do in proper manner any engraving or other work required for such report or bulletin, the governor is hereby authorized to make special contracts with such persons, firms or corporations, within or without the State, as in the judgment of said committee will secure the promptest and most satisfactory work.

SEC. 3. Be it further enacted, That the accounts for the printing, engraving and binding done under the provisions of this act, when approved by the governor, shall be paid by his order out of any moneys in she State treasury not otherwise appropriated.

SEC. 1. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved Dec. 10, 1900.

No. 107]

AN ACT

[s. 28

To provide for the disposition of the lands granted by congress to the "Alabama Girls Industrial School" and to make an appropriation of sixty-five thousand dollars to said school, for the erection and equipment of suitable building for said school, that it may be enabled to use the income arising from the fund raised by the sale of said lands,

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