The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-30

ton 30 authorised by its charter 70
Manufacture. sell or otherwise dispose
Of alcoholic. spurious. vinous or malt
liquors, or any LIQUOR or beverage
prohibited by the law OF Alabama ia
be manufactured, sold or otherwise
disposed OF In this state. or In the
manufacture or sale of such liquors or
| any Of them. In the state Of its crea-
| ton or otherwise, or SO engaging In
or carrying on In the state OF Its
creation or elsewhere such business.
to enter into this State. or to engage
! In or carry on business OF any kind
In this State: or to have any agency
or place of business In this state: and
/ no permit or license to engage In or
| carry on business OF any kind In this
State. or to establish an agency or
pla ce of business In this State. shall
be issued or granted to any such for.
eign corporation By any. ofiacer OF this
State.
Q. That any suoh foreign corpora
tion that shall hereafter engage In OF
| transact any business In this State.
or shall have any agency or place
of business in this state. shall for
each orense forfeit and pay to the
State the sum Of one thousand dol
lars, and the carrying on % transact
| ing business. or the maintaining of
an agency or place Of business for
each separate day that II occurs shall
be and constitute separate unlaw
full act and for each such act said
forfeiture shall accrue to the State
Q. That II shall be unlawful for any
person to act as agent for. OF to
| transact any business directly or In.
directly In this State for or on be-
half of any such foreign corporation.
| and any person SO doing shall for
each offense. or each act Of business
| transacted be- guilty of a misdemea-
| nor. punishable by q fine OF not less
than nfty dollars. to which may be
added imprisonment In the county
jail or hard labor for the county, At
the discretion of the Court or Judge
trying the case. for not less than three
months nor more than six months.
4. The forfeiture provided for in
this Act shall be sued for and recov.
| cred in the name of the State Of Ala
| bama by the solicitor of the circuit or
| county In which the offense Is COM
mitted; and when collected must be
paid by the solicitor into the State
treasury for use of the State, less
twenty-five percent to be retained by
such solicitor for his service. The
Attorney General shall represent the
| State in such action carried to the
| Supreme Court and for his services
| therein Is entitled to one-half Of the
commission herein allowed to the So
| licitor.
5. That all laws and parts of laws
In conflict with this statute are here
by repealed. Provided: that nothing
| In this Act shall be so construed Ms
| to prevent manufacture Of drugs
which conform to the pure food and
drug laws of the United States. from
| employing agents or establishing ag-
encies in this State
Approved August 25th 1909.
oficial.
Frank N. Julian.
Secretary OF State.
No. 5s) AN ACT Oh. 500
To amend Section Ass Of the Code Of
Alabama of 1907.
| Be II enacted by the Legislature Of
Alabama, That Section 34Ss of the Code
OF Alabama of 1907 be and che same
10 hereby amended to read as follows:
34s8. Waterworks Companies may
acquire rights; Riparian rights, lands,
etc .--Corporations authorized to- con-
struct and operate waterworkss for the
| supplying OF cities, villages. towns and
i their Inhabitants, or others living or
| doing business In the vicinity OF them,
with water, shall have the power, In
order to obtain q supply OF water for
| their storage ponds, reservoirs, pipes
/
condemning the same. water OF any
river OF stream or spring or other wa
/ ter source which may be necessary for
them to use for such purpose; and may
also acquire by CONCENTRATION riparian
rights aud all such lands adjacent to
such streams or water sources as shall
/ be necessary 10, protect and preserve
/ the purity OF such supply. and shall
| also have the power to condemn rights
| Of way and sites of any necessary area
for pipe lines, bitches, canals, dams.
| storage ponds. reservoirs and other
| necessary purposes for the operation OF
their water works and the collection
ana distribution Of the water supply,
and for this purpose said companies
may institute ad quod damnum pro-
ceedings against the riparian land
owners or owner along such river or
| stream or Of other sources or the own
er Of any lands wherever located, de-
sired to be used, for any Of the pur-
poses above mentioned, In the Probate
Court OF the county in which the land
| on or over which the easements sought
| to be condemned are situated In ac-
cordance with the general laws of this
| State providing for the condemnation
Of lands for public purposes. The pow
| err OF condemnation herein given shall
| include the right to condemn, wherever
necessary, for any of the purposes
herein before mentioned. any yard or
curtilage OF q dwelling house. garden,
| stable. lot or barn, or so much there
| OF as may be necessary; and whenever
| the ownership of the mineral interest
in lands has been severed from the
ownership OF the surface. and the min
| Ing Of the minerals would endanger
any proposed canal. storage pond or
reservoir. said water companies may
institute ad quod damnum proceedings
against the owner or owners of the
| minerals situated under the proposed
| canal, reservoir or storage ponds In
the Probate Court OF the county in
which the lands are situated in ac-
cordance with the general laws OF the
State. condemning said mineral inter-
ests or so much thereof as may be re-
| quired for the support of the surface
where said canal. reservoir or storage
| pond IL to be located All laws and
provisions Of Law In conflict or incon-
sistent with the provisions OF this act.
to the extent to which they are in con-
| nict or inconsistent with the provisions
| Of this act, are hereby repealed.
Approved August 20. 1909.
Official.
Frank N. Julian,
Secretary OF state.
No. s1) AN ACT Oh. II
/