The Montgomery advertiser., 1903-10-09


 stock in the manner hereinafter provided. (mJ To after of amend it's charter. :. (n) To renew or extend It's corporate
 Sec. s. Corporations formed for the purpose of constructing. operating or maintaining railroads. street railroads. gas or electric works. water companies.
 water power companies. canais. terni- nals, bridges, viaducts. wharves. piers. teieetaph or telephone lines. or any other work of internal improvement or public utility. and mining. manufacturing and auarryine corporations may exercise the right of, eminent domain In the manner proyided by law; provided, that no per- eun. Adrn. association or corporation shall be authorised to use the streets. avenues. alleys and other public places of cities. towns and villages for the construction or operation of any public utility or private enterprise. without hrst obtaining the consent of the proper authorities Of said city. town or village .Railroad companies may by condemnation acquire real estate 1 for ways and rights of way, not exceeding one hundred feet in width throughout the entire length of its lines and such other lands d may be necessary for ways and rirhts Of way for, switches, turnouts, de4tracks, extensions and branch roads, not exceeding one hundred feet In width, throughout the entire length or euch switches, turnouts, side-tracks, extensions ana branch roads, and such other lands as may be necessary in making heavy excavations or entertainments, or for the purpose of wasting material from exca- vatfons, or for borrowing earth or other material for the construction of embank- ments. or for protecting making ana keeping safe. and perfecting It's roadway. together with the light to remove all sucn trees outside thereof as might by falling upon, or shading tho roadway. inture the same end may relocate any portion Of It's line, for the purpose of straightening or otherwise improving the same and for that purpose acquire by gift. purchase or by condemnation, all necessary rights Of way over lands and abandon it's original or constructed line. but 1t shall not chanse its tersnini or make an entire departure from its original hne between such termdni Mining. manufacturing and quarryans companies may acquire by condemnation lands for ways and rights |of way for railways. tramways, canals, aaueducts. tunnels. underground pas saxes, and roads whereby to connect any part of their lands. or works. with theiz
 principal place of business. or with any pubAc road. railroad or navigabie waters or with their mines on other lands not exceeding one hundred feet in width throughout the length of such railways.
 tramways, canals. adueducts. tunnels. underground passages or roads. Street railroad companies, telegraph, telephone,
 water. gas. electric. canal companies and all other companies formed for construct ing. operating or maintaaning any work of interna1 Improvement or public utility
 may acquire by condemnation for way
 or riglft of way for their railways, lines, tunnels, canals. dams, excavations or works. lands for ways and rights of way not exceeding one hundred feet in width.
 throughout the entire length of such rail- ways, nnes, tunnels, canals, dams. exca- vations or works together with the right to cut down such trees as might by falling injure the same. No street railroad com pany, or any other corporation, except railroad companies, shall without the con sent of the owner. construct any rail- way, tramway, canal, tunnel, underground passage, telegraph or telephone line, aqueduct, pipe line, or any other line or works through any yard curtiiage of dwelling house, garden, stable-fot, or barn; water companies may also acquire by condemnation riparian rights and the right to take water from any stream or other body of water for their water sup ply, and all such lands adjacent thereto as shall be necessary to protect and pre-
 
 Corporations organized under this act for the. purpose of constructing and operating water works for the supplying of cities villages, towns and their inhabt- | tants and others living or doing business l in the vicinity of them, with water, shall, in addition to the powers herein con- ferred have the power tn order to obtain supply of water for their reservoirs. pipes and canals to take, divert and use after condemning the same the water or any river or stream or spring or other water source which 1t may be necessary for them to use for such purpose; and for this purpose said company may institute proceedings of ad quod daxnnum against the nparian land owners or owner along said river or streams or springs or other
 water sources, in the probate court of the county in which the lands, in which the easement sought to be condemned, are situated in accordance with the general law of Alabama providing for the con-
 demnataon of lapds for public purposes
 and shall also have the power to condemn
 rights of way for pipe lines. ditches.
 canals, dams, reservoirs and other neces- sary purposes for the operation of their
 water works and the collection and distri-
 button of the water supply. and for ta1ls
 purpose may institute ad quod damnum
 proceedings in the probate court of tho
 county Tn Wnicn une IanuB m Wnlcn un0
 easements sought to be acquired. are
 situated, in acordance with the general
 law of Alabama, providing for the con-
 demnation of lands for public purposes:
 provided, that In proceeding to condemn
 the riparian rights of land owners along a
 river, stream or other water source, all
 the riparian proriebors along said river
 stream or other water source in the samn
 county may be joined fin one proceeding,
 and, provided, that no right of way shall
 be granted over the streets. avenues.
 alleys, or public grounds of any municipal incorporation without first obtaining the consent of the municipal authorities thereto: Provided that no corporation
 organised under this act shall have the
 right to condemn the water of any
 stream, spring or other water source
 which is the property of another water company supplying with water city.
 village or town or the inhabitants thereof.
 Sec. 9. Railroad. street railroad and
 mining. nianufact ring and quarrying.
 telephone and telegraph corporations may
 cause such examinations and surveys for
 their proposed railroads. or lines, as may be necessary to the selection of the most routes. and for such purpose
 may by their officers, agents. and servants
 enter upon the lands and waters of any
 person, but subject to liability for all
 damages done thereto. and may. in the
 construction of their lines cross navigable
 streams, but must not impede the naviga-
 ton thereof; may use cross or change
 public roads. when necessary in the con-
 struction of their railways, switches,
 branches, lines or buildings, and must