The Birmingham age-herald., 1903-10-14
J. THOS. HEFLIN,
 Secretary of State.
AN ACT

Secretary of State.
 No 42o) AN ACT CH. IA
 To confer additional rights and powers.
 including the right to acquire by pur- | chase or by condemnation lands and
 easements. upon corporations organiz-
 cd under the general laws or hereto l fore under a special act of the General l Assembly of the State of Alabama I and upon corporations organized un- | der the laws of any other State of the United States and which corpora
 tions have complied with the laws Of
 Alabama in reference to foreign cor porations and which have the right
 by their charter to manufacture, sup
 ply and sell power produced by water as a motive force.
 Section l. Be it enacted by the Legisla- ture of Alabama. That all corporations organized under the general laws of this | State or heretofore under a special act of the Legislature of this State and all corpora tions organized under the laws | of any other of the United States and which have complied with the Constitu- | ton and laws of the State of Alabama as to foreign corporation and which by their charter have the right to manu- | facture, supply and sell power produced | by water as a motive force shall, after
 
 | by condemnation, a dam or power site comprising not less than one acre of land upon each and opposite sides of any water course (not a navagable stream), have the right and authority to construct and operate thereon and across said stream a dam, together with all works incident or necessary thereto, and the right and authority to raise higher such dam and to enlarge the works necessary or incident thereto, as may be required or deemed expedient by said corporation, in the manufacture and supply of power produced by water as a motive force. Provided That where the owner of one bank of a nagavable stream has authority from the United States to dam such stream, said owner may by condemna- lion acquire land on the opposite bank for the construction of said dam.
 Sec. 2. That corporations such as are mentioned in Section one hereof shall have the right and authority to acquire by purchase, if said corporation and the owners agree, and if said corporation and said owners cannot agree as to said pur- chase, then by condemnation in the man. ner provided by law for the condemna- ton of lands, all lands or waters or in- terests or rights or easements in lands or waters likely or liable to be flooded or damaged by the construction and opera ton and enlargement of the dam and works incident or necessary thereto; Provided such corporation shall have no right to condemn a private residence nor the out houses. garden nor orchard With in the curtilage of a private residence; and provided such corporation shall have no right to condemn lands or waterrights in use or he'd for such use by another corporation having similar powers and. Provided, such corporations shall have no right to condemn water-rights In actual and prior use by any cotton mill or factory, but such corporations may, by condemnation, acquire the right to flood grist mills and industries in conjunction herewith together with lands and water rights appertaining thereto, but must pay to the owner thereof. before such food ing, such reasonable and just compensa- ton as may be awarded in the manner provided by law for the condemnation of lands
 Sec. 8. That corporations such as are mentioned In Section one hereof shall have the right and authority to acquire by purchase, if the said corporation and the owners thereof agree, and If not, then by con- demnation in the manner provided by law. for the condemnation of lands the right to flood public and private ferries and  tion in the event of acquiring said proper ty by condemnation shall relocate and nlace public ferries and the approaches thereto in a condition satisfactory to the Court of County Commissioners or Board of Revenue of the counties in which said public ferries are located.
 Sec 4. That corporations such as are mentioned in Section one hereof shall have the right and authority, to acquire Aroff 4I 4k owners thereof agree, and If not. then by condemnation in the manner provided by law for the condemnation of lands, the right to flood private roads and shall have the right to flood public roads by paying to the Court of County Comms- sioners or Board of Revenue of counties in which public roads are. the cost of
 locating, laying out and opening other public roads in lieu of and to the same extent as the public roads flooded or in- tended to be flooded.
 Sec g. That corporations such as are mentioned In Section one hereof shall have the right and authority to acquire by purchase, If the said corporation and the owners thereof agree, and if not then by condemnation in the manner provided by law for the condemnation of lands, ways and rights of way not exceeding a width of fifty feet for the total length of such rights Of way upon which to erect pole and wire lines for the manufacture, supply and sale of power produced by water as a motive force, provided, such corporations shall have no right without consent to construct and operate pole and wire lines upon the right of way of any steam or electric railroad, telegraph or telephone company except to cross the same. And, provided, such corporation shall have no right without consent to construct and operate pole and wire lines upon the right of way of another cor poration having the power to manufact- ure. eupply and sell power. produced by water as a motive force except to cross the saSps.