The Birmingham age-herald., 1903-10-09

6 slngfe coTpofaliOn.
 0 To increase or decrease It's capital stock in the manner hereinafter provided
 (m) To alter or amend its charter. !,
 tm To renew or extend Is corporate existence.
 Sec 8. Corporations formed for the purpose of constructing, operating or railroads, street railroads. gas or electric works. water companies, water power companies, canals. termi- nals. bridges. viaducts, wharves. piers. telegraph or telephone lines or any other
 work of internal improvement or public
 utility. and mining. manufacturing and
 ouarryIng corporations muy exercise the
 right of eminent domain In the manner
 provided by law; provided, that no per-
 son, firm, association or corporation shall
 be authorized 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 first obtaining the
 consent of the proper authorities of said
 city. town or village Railroad companies
 may by condemnation acquire real estate
 for ways and rights of way. not exceeding
 one hundred feet in width throughout the
 entire length of It's lines and such other
 lands as may be necessary for ways ana
 rights of way for switches, turnoots,
 side-tracks. extensions and branch roads,
 not exceeding one hundred feet In width.
 throughout the entire length or sach
 switches. turnouts. side-tracks, extensions
 and branch roads and such other lands
 as may be necessary in making heaVy
 excavations or embankments, or Tor the
 purpose of wasting material from exca-
 vatlons, or for borrowing earth or other
 material for the construction Of empank-
 ments. or for protecting. making ana
 keeping safe. and perfecting Its roadway'
 together with the right to remove all such trees outside thereof as might by falling upon. or shading the roadway, injure the same and may relocate any portion or It's line for the purpose of straightening or otherwise improving the same ana TOT that purpose acquire by gift. purchase or by condemnation. all necessary rights or way over lands and abandon it's original pr constructed line. but it shall not change it's termini or make an entire departure from It's original line between such termini Mining, manufacturing and companies may acquire by lands for ways and rights of way for railways. tramways, canals, auueducts tunnels. underground pas sages, and roads whereby to connect any part of their lands. or works. with thelf place of business, or with any pubic road railroad or navigabe waters or with their mines on other lands not exceeding one hundred feet In width the length of such railways, tramways, canals. aqueducts, tunnels, passages or roads. Street companies. telegraph. telephone. water, gas electric, canal companies and all other companies formed for construct Ing, operating or maintaining any work oP Ipt fp,rr nr rIbtiP tftfiitV may acquire by condemnation for way or right of way for their railways. lines, canals. dams, excavations or works, lands for ways and rights of way not exceeding one hundred feet In width, the entire length of such rail- ways lines, tunnels, canals, dams, exca- yations or works together with the right to cut down such trees as might by failing 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 curtilnge of dwelling house, garden. stable-lot. or barn; water companies may also acquire by condemnation rioarian 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 az shall be necessary to protect and pre- serve the purity of such supply.
 Corporations organized under this act for the purpose of constructing and operating water works for the supplying of cities, villages, towns and their inhabi- tants and others living or doing business
 In the vicinity of them, with water. shall,
 In addition to the powers herein con ferred have the power in order to obtain a supply of water for their reservoirs. pipes and canals, to take. divert and use after condemning the same the water of 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 damnum against the riparian 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- demnation of lands 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 Tor this purpose may institute nd quod damnum In the probate court of tho in which the lands in which the easements sought to be acquired, are situated in acordance with the general law of Alabama. providing for the con demnat ton of lands for public purposes; provided, that in preceding to condemn the riparian rights of land owners along river stream or other water source, all the riparian proprietors along said river stream or other water source in the samo county may be joined in one proceeding, md, provided. that no right of way shall oe granted over the streets. avenues. alleys. or public grounds of any municipal
 incorporation without first obtaining tfe consent of the municipal authorities
 hereto; Provided that no corporation organized under this act shall have the ll ght to condemn the wated of any stream. spring or other water source which Is the property of another water supplying with water a city. village or town or the inh abitants thereof.
 Sec. 9. Railroad. street railroad and mining. manufact ring and quarTving. telephone and telegraph corporatlons may cause such examinations and surveys for their Roposcd railroads. or lines. as may be necessary to tho selection of the most Advantageous 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 done thereto. and may, in the construction of their lines cross navigabe 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