The Montgomery advertiser., 1907-08-29

frances and 10 close the safnes and may prescribe plans and specifications to be followed for such openings; if allowed. to prohibit stationary or movable stands from being placed on the side walks and to do any and all things necessary to secure free and ample pas- sageway thereon, including the remov- al of stairways; to prohibit the erection of awnings and verandahs and signs hanging over the streets and sidewalks. and may prescribe plans and specihca- lions therefor. If allowed; shall require the sidewalks to be kept In repair, and If not repaired by the owners of prop erty abutting thereon, upon reasonable notice, to be determined by the counctf in the manner to be provided by ordi- nance, they may be repaired by the municipality at the owners expense, and the amount expended shall be lien upon the property. which with in- terest may be collected as taxes or as- sessments.
 See si. Any street railroad com panT, operating its railroads by steam, electric or other power shall have the right and may be required by the coun- ell to run its cars over the tracks of any other street railroad company. in whole or in part, in said city under such rules and regulations as may pc prescribed by ordinance, upon the pay ment by the company so using tne tracks of another of just compensation for the use thereof, and it shall be the duty of the council to pass such ordi- nances as may be necessary to carry this provision into effect. The council shall regulate the use of streets for the erection of telegraph, telephone, electric and all other systems Of wires and conduits, and may require the same to be placed. under ground If deemed necessary for the public convenience and safety, and generally to control and regulate the use of the streets for any and all pufposes. The city council shall have power to sell or lease In such manner as it may deem advisable, any franchise which 1t has power to grant, and the moneys received there for shall be paid into the city treasury.
 Sec 92. Street and other railroad companies shall be required to keep their tracks in repair. using such rails as may be prescribed and shall main tain and keep in repair the streets be- tween their rails and for eighteen inches on each side in such manner as the council may prescribe. Any public utility using the streets of the city or town shall at all times, in the manner prescribed by the council, render the ,1se of such streets safe to vehicles and to persons, and all tracks on such street shall when required by the council be placed at any fixed grade, and changed. free of expense to the municipaIity' when found necessary.
 Sec s3. The council shall have the right to provide public scales and an inspection of weights and measures and to provide punishment for persons. firms and corporations using fraudu- lent weights and measures; to alter ana change the channel of any water course In the police Jurisdiction or the city or town, and to erect and main tain wharves and erect buildings ana other improvements upon wharves, ana lease them, in periods not exceeding ten years, or to collect wharfage dues thereon; to provide for lighting, sprink- ling and cleaning the streets by con- tract or otherwise; to establish, lay out ana improve public grounds, parks and boulevards, or regulate the same and may provide music and other exhipi- tions for the amusement of the inhaoi- tants
 Sec. s4. To regulate and control or prohibit the erection of powder mag axines within the police jurisdiction or the city and to prevent explosives and dangerous substances from being stored within the city, and to regulate the manner in which explosives may be hauled or kept within the police turis- diction; they shall have the right 10 compel public utility corporations, us- ing a franchise obtained from the mu- nicipality, to render efficient service to tha inhabttants thereof; to prescribe reasonable regulations for the running of cars. trains and Locomotives on, over, upon or across the streets, avenues, al- leys or public places of the city; 10 prescribe appliances, on grade cross ing for the safety of the public and 10 regulate and control the switching or cars on crossings or highways of the municipality.
 Sec. 95. No city or town shall be liabia for damages for injury done to or wrong suffered by any person or corporation, unless said injury or wrong was done or suffered through the neglect, carelessness or unskilIfuI- ness of some agent, officer or empioye of the municipality engaged in work therefor and while acting in the line or his duty, or unless the said injury or wrong was done or suffered through the neglect, carelessness or failure to remedy some defect in the streets, al- leys, public ways or buildings after the same had been called to the atten- ton of the council, or after the same had existed for such unreasonable length of time as to raise 8 presump- ton of knowledge of such defect on the part of the council, and whenever the city or town shall be made liable to an action for damages by reason of the unauthorized or wrongful acts, of the negligence, carelessness or unsktllfui- ness of any person or corporation, then such person or corporation shall be lta- ble to an action on the same account by the party so injured. The Injured party, if he sues the municipality for damages suffered by him shall also Join such other person or persons or corporation so liable as the defendant or defendants of the suit, and no 5udg- ment shall be rendered against the city or town, unless judgment Is rsn- dered against such other person or corporation so liable for such injury, except where a summons Is returned not found as to a defendant or when Judgment Is rendered in his favor on some personal defense, and if an action be brought against the city or town alone and 1t is made to appear that any person or corporation ought to be
 joined as a defendant in the suit se- cording to the provisions in this sec ton, the plaintiff shall be non suited
 unless he amends by making such party
 or corporation a defendant If a resident
 of the State. but no person shall be sued Jointly with the city or town whc would not be liable separately ire spective of this provision. When q Judgment shall be obtained against municipality and the other party liable as aforesaid, execution shall issue against the other defendant or defend | ants in the ordinary form and shall moi l be demandable of the city or town un' | less the other defendants are insolven' and the same cannot be made out oi