Birmingham state herald., 1897-02-26
AN ACT
No. 61S.
S. 40.

To confer upon corporations supplying
 water to cities, towns or villages the
 right to buy and acquire or condemn
 real estate, the acquisition of which
 may be necessary to prevent the polu
 tion of their water supply.
 Section l. Be 1t enacted by the general assembly of Alabama, That any corpora tion supplying water for the public to the inhabitants of any city, town or will lage in this state, is hereby authorized to acquire by purchase any lands or inter- est therein, the acquisition of which may be necessary to prevent the source of water supply from being polluted and that such corporation, if they cannot agree with the owner of the lands or real estate desired to be acquired for this pur- pose, may file their petition in the pro- bate court in the county in which such lands, or any part thereof may be situ- ated setting forth in substance the lands or interest desired to be acquired, and their inability to agree with the owner as to the price thereof.
 Sec g. Be 1t further enacted, That such application must be in writing and Verl- fled by oath of the applicant or some agent thereof, with security for the cost of proceeding. The petition must set forth the uses or purposes for which the land is to be taken, or interest or ease ment therein to be acquired, and the name and residence of the owner. if known, or if unknown, must allege what effort has been used to ascertain the name and residence of the owner.
 Sec. 3, Be it further enacted, That or the filing of such petition the court must make and enter on the minutes an order appointing time for the hearing Of the petition. and if the owner or owners or the land reside in the state, must issue notice to him of the time set for hearing. which must be served by the sheriff or other legal officer ten days before the day appointed for the hearing. If the owner is unknown or resides out of the state, notice of the filing of the petition and of the time set for hearing must be given by advertisement in some news paper published in the county and by posting notice at the hourt house door for at least three weeks before the time appointed for the hearing. If the owner of the land or the owner of any interest therein. be an infant or of unsound mind, notice must be served on his guardian, if he has a residence In the state, and has no such guardian, then notice may be served upon the person who has him in charge, or with whom he resides. If the owner of the land is dead, and it is in pos session or control of his personal rep resentative, notice must be served upon such personal representative and on the heirs at law, and if the owner be a mar ried woman, notice should be served on her personally, unless she resides out of the state, when publication may be made as hereina bove provided.
 Sec. 4. Be it further enacted, That the probate court shall also make an order at the time of the filing of the petition, or as soon thereafter as possible com manding the sheriff to summon not less than eighteen nor more than twenty-four good and lawful men of the county, hav- ing the qualifica tions of jurors as pre- Scribed by law, to appear before the court on the day appointed for the hearing, and from the persons so summoned as jurors, twelve men shall be sworn and impaneled to ascertain the ccmpensa- ton or damages the owner of the land is entitled to receive, and the cost of the land proposed to betaken or the cost of the interest or easement proposed to be acquired therein If from any cause the jury cannot be completed from the num- Der summoned, the court must order the sheriff to summon other talesmen until the jury is completed Each party is en- titled to challenge peremptorily four of the jurors to be put upon it.
 Sec. 5. Be it further enacted, That on the day set for the hearing the court shall then hear or continue the case from time to time as may be necessary, and on the hearing must receive such legal evidence as the parties may adduce touching the questions at issue. and instruct the jury as to the law of the case, and the jury shall return verdict asoertaining. or assessing the damages or compensation to which the owner on owners are en- titled, and on the rendition of this verdict the court must order the same recorded, and make an order of condemnation in pursuance thereof upon the payment of damages or compensa ton so assessed by the jury, and the cost of the proceeding.
 Sec. s. Be it further enacted, That the hearing and trial herein provided, must be conducted in all respects as trials in civil cases at common law are conducted, and on the trial either party by bill of exceptions may reserve exceptions to any charge of the court to which 1t does not agree. as in cases in which bills of ex- captions are allowed in civil cases in the courts of common law, and either party may appeal to the supreme court from the final judgment of the court at any time within three months from it's rendi- ton.
 Sec T. Be 1t further enacted, That if the applicant fails to pay the damages assessed at any time within six months after the assessment, or in case an ap- peal is taken within six months after the appeal is determined, such assessment so assessed shall not be binding on the own- CTS of the land upon the failure of the applicant to pay the amount awarded, and he shall be liable for all damages