The Montgomery advertiser., 1903-10-14
GENERAL LAWS
Enacted by the Legislature of Alabama


 from the jury box a grand jury for the second term of said Circuit Court, to be held in the Fall and Winter of said year off said drawing, each of said drawings to be for not less than fifteen nor. more than twenty-one persons for each grand jury, to be composed of persons duly quail flied to serve as Grand Jurors, and the times or dates of the converting of said Grand Juries shall be fixed and directed by the Judge of said Circuit Court by an order entered on the minutes. At the times of drawing said Grand Jurors as above directed and immediately thereaf- ter. at such time, the names of the re- quiiste number of persons to serve as petit jurors for the ensuing term of said court, allowing not more than thirty nor less than twenty-four, for each week of such term, during which. in the opinion of the Judge of the Circuit Court, jury will be required, and the juries for each week shall be drawn separately and suc- cessively, and every piece of paper on which is written the name of the person so drawn, must be destroyed. The Judge of the Circuit shall, in writing, before or at the time of the meeting of such Com- missioners as above directed, notify them of the weeks for which. in his Jurisdiction. petit juries will be required.
 Sec. Il. That whenever, for any cause, a jury. grand or petit, shall be quashed by the court, shall fail to have been drawn or summoned, or If drawn and summoned shall fail to attend, the court may forthwith order the sheriff to sum- mon from the qualified citizens of Walker County a jury or juries to serve for any time specified or ordered by the court; and such jury so summoned shall be com potent and valid to try all causes pending in said court and perform all other duties as if such jury were regularly drawn and summoned for said court.
 Sec. F. Be it further enacted, That all laws and parts of laws in conflict with this act be, and the same are hereby. re- peaied. Approved December 5. 1900
 Approved Oct. l, 1908.
 Off1cial: 4.
 J. THos HEFLIN,
 Secretary of State. No. 4eo.) AN ACT H. A. To confer additional rights and powers,
 including the right to acquire by pur-
 chase or by condemnation lands and
 easements, upon corporations organiz-
 ed under the general laws or hereto
 fore under a special act of the General
 Assembly of the State of Alabama
 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 1. Be 1t enacted by the Legisla- lure of Alabama, That all corporations Nexr .zA& zln State or heretofore under a special act of the Legislature of this State. and all 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 acquiring by purchase. or otherwise than by condemnation, 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 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- ton acquire land on the opposite bank for the construction of said dam.
 Sec. 3. 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 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 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 held for such use by another 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 but such corporations may, by 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 ands.
 Sec. 3. That corporations such as are mentioned In Section one hereof shall nave the right and authority to acquire by purchase, if the said and the owners thereof agree, and if not, then by con- iemnation in the manner provided by law. for the condemnation of lands the right to flood public and private ferries and the approaches thereto, but said corpora ton in the event of acquiring said proper ty by condemnation shall relocate and place 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. L 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 ~I