The Birmingham age-herald., 1903-10-23
J. THOS. HEFL1N,
 Secretary of State
AN ACT

NO. 443) AN ACI tH. i20. To amend Sections 1713, TIA, TIT, 1718,
 1719 and 1920 of the Code.
 Section l. Be 1t enacted by the Legls- lature of Alabama That Section 17l3 of the Code be amended so as to read as fol- lows: 1713 (320S) Application and contents. The application must be in writing, veri- fled by the oath of the applicant or by the oath of an agent or attorney, and ac companied with security for the costs, and must state with certainty the name and residence of the applicant, the uses or purposes for which the land is to be taken and the interest or easement therein to be acquired. Where there are several tracts of land lying within one county of which portions are proposed to be taken or in which an interest or ease ment Is proposed to be acquired, the ap- plicant may join them all in separate paragraphs in the same application, and must describe the several tracts and state the names and residence of the owners of each tract, if known, or If unknown, must show that reasonable diligence has been used to ascertain the same
 Sec. 2. Be 1t further enacted, That Sec ton TIA of the Code be amended so as to read as follows: TIA (3209) Order of court on filing application; notice.-On the filing of the application, the court must make and enter an order appointing a day for the hearing thereof; and must issue to all the owners of such lands as reside in the State, notice of the application and of the day for the hearing thereof, which must be served by the sheriff or other legal of- ficer, at least ten days before the day ap- pointed for the hearing: if any Of the owners be unknown, or if they reside out of the State, notice to them must be given by advertisement In some newspaper pub lished in the county, or, if there be no newspaper published in the county, by posting notice at the court house door and three other public places, for at least three weeks before the day appointed for the hearing. If any of the owners be in- fants or persons of unsound mind mo- tice must be served on their guardian, if they have any resident in the State, but if they reside in the State and have no such guardian. then upon the persons who have them In charge or with whom they reside. If any of the owners be dead, and the lands are fin the possession or under the control of the personal rep- resentatives of such deceased owners, no- tlce must be served on such representa- tives and on the heirs at law of the de- cedents
 Sec. 3. Be it further enacted, That Sec ton TIT of the Code be amended so as to read as follows: TIT t32l1) Allegations, objections and proof to be heard.-On the day appointed or any other day to which the hearing may be continued, the court must hear the allegations of the appli- cation and any objections which may be filed to the granting thereof, and any legal evidence touching the same, and shall make an order granting or refusing the application Provided, that if there are several distinct tracts of lands owned by different persons embraced in the ap- plication, the owners of each tract may have a separate hearing as to the right to condemn their lands, and the court may, If 1t finds that the application should be granted as to some and not as to otEer of the owners, make and enter its decree accordingly. The hearing herein provided must in all respects be conducted and evi- dence taken as in civil cases at law. But If the property sought to be condemned or any portion thereof. or interest therein. has already been subjected or devoted to a public use such land or portion thereof. or interest therein, shall not be taken for another and different character of public use unless an actual necessity for the specific laPd or portion thereof or interest