The Montgomery advertiser., 1907-08-29

cd fruit or vegetables, or impure. adul- terated. unsound or unwholssone ar- ticles of food or drink or any kind and 10 provide all such inspection laws. az may be deemed advisable or necessary and to prescribe and require the pay ment of all such reasonable fees. a@ may be necessary to defray the expen-S ses of carrying out the powers GTanE~ ed fin this subdivision.
 Sec. 161 It shall be the duty of the board of health of the several coun- ties of the State, to supervise the ud-4 ministration of the health laws Of the various cities and towns, and to that end they shall elect A city health offi- cer for each city of their respecfivs counties having a population of SIX thousand or more. The election or such health officer to be subject to the approval of the city council for which he Is elected. Such city health officer shall be a qualified physician of good standing and q resident 0f the city or town for which he IS so elected and he shall be responsible for the proper execution of all laws, orr dinances and regulations of the saln olty. pertaining to the health ana san itation of the same.
 Sec. Is2 In cities and towns having A population of less than six thous- and a city health officer, possessing the same qualifications and vested with the same authority and power. as city health officers in cities of six tnous7 and more population may be appointed by the mayor of such city or town, anu. his appointment approved by the city or town council. or he may be elected by the county board Of health. as may be provided by ordinance adopted by such city or town. in which last msn- tioned case his election must also De approved by the city or town cosncal-
 Seq 1es. Said city health officer shall be elected or appointed as soon as practicable after the municipal eien- ton held in the year 1908, and every two years thereafter, and such eiec- 4tiou or appointment shall be acted on by the city or town council at the hrst regular meeting after his clection or appointment or as soon thereaItcr ae fs possible Should the selection ok the city health officer not meet with the approval of the council and ps reflected by 1t. then such county board of health, or mayor, as the ease may be, shaII immediately select in the man~ ner herein provided for. some other person as city health officer and son9 his name into the town or city coun ell. without delay and such election shall be acted on by the said council at the next regular meeting thersaf- ter and so on until a city health off, cer is selected and confirmed. The city health officer so ssiecfsd and confirmed shall hold ofac@ until the next regular nunicspal cleo ton thereafter and until his succes+ sor is elected or appointed and qualf-e fied, and he shall perform all of the duties required of him Dy law and shall have all of the powers and authority granted to him by the city ordinances or State laws. M
 Sec. ls4. The eity health officer mayra Tn xAA ral af "a s4ff v zFs town council, with its consent, appoint an assistant health officer or officers. and may, on like approval, remove said assistants at pleasure. Such agAistank health officers shall perform such du- ties and have such powers and author- ity as may be conferred on them by ordinance.
 The salaries of the city health 0fli
 csrs and their assistants shall be fixed by ordinance of the Council, at the
 first regular meeting and prior to tho selection of such health officer and
 bo increased or diminished during tho term for which said health officers or assistants are elected or appointed. Sec. 16s. Whenever, in the judR-' ment of the Council of a city or town, 1t may be necessary or expedient for
 the carrying out and full exercise Of
 any power granted by this act, the said | authority to acquire by purchase the
 necessary lands. or rights, easements l or interests therein, hereunder or thereovefs or for the purposes for
 which private property may be ac- quired by condemnation, may proceed
 to condemn the same in the manner provided by this act, or by the general
 laws of this state governing the taking of lands or the acquiring of interests therein for the uses for which nFivate property may be taken. and such pFo~ ceedinRs shall be governed In every
 respect by the general laws of thie
 State pertaining thereto, or by ths. provisions of the subject contained in this act, when the same are followed.
 Sec. 166. Whenever. in the opinion, of the Council. right of way through the lands of others (whethor in or cut
 of the city or town) Is necessary for
 obtaining a water supply or for sew
 craze or drainage purposes. and when
 ever the Council may determine to
 change the grade of any street. eide7 walk or public place. and whenever
 any property is needed for any city
 or town purpose, the Council shall au-
 thorize the Mayor to attempt to eo-
 quire such right by purchase from the
 owner or owners thereof. and in case
 of failure, to acquire the same by con-
 demnation. Whenever the propEie- ~aANA@se
 any of the land necessary for any pur-
 poses aforesaid. or necessary for open-
 ing new streets or widening old
 streets, and the Mayor cannot agree
 on a price of said lands. or cannot
 agree as to the amount to be paid for
 changing the grade of any street. aids-
 walk, or public place, and whenever
 the proprietor or proprietorg thereof
 shall be be an infant, non oompoa
 mentis, married woman, non-resident.. or persons unknown. then the Mayor
 shall apply to the clerk of the circuit
 or other, court of like Jurisdiction og
 the county for a writ sd Qued darnnum
 to be directed to the shertn of the
 county, commanding him to summon
 three fxaeholders of the county, to ap-
 pear before the sheriff on a day named
 not less than two days from the date of the writ, and to proceed under his
 direction to assess a value of the lands
 of such proprietor for the use thereof.
 or the damage or injury which may be
 done to any property by the change
 in the grade of any street. sidewalk
 or public place named in the applica-
 tion for the writ, and in the writ which
 shall describe the lands required for
 the use of the city or town. the us@
 for which the said lands are desired. the grade intended Gin case of change
 desired in grade of any street, aido-
 walk or public places) and the name of the owners respectively, if known,
 and the said person thus selected shalf be sworn by the sheriff to faithfully perform their duty under such writ and after viewing the premises. render a verdict. which verdict shall be endorsed