Foreign Municipal Corporations of Adjoining States; Powers to Acquire Water Rights. lished in said city or town before he issues his writ to the sheriff; and all other cases, five days' notice of the filing of the writ shall be given by the clerk of the court to the owners of the property, to be served by the sheriff personally or by leaving a copy thereof at the owner's residence or place of business, and the mayor of such city or town must deposit with the clerk the advertising fee, to be paid by warrant drawn by the city or town clerk on an order of the mayor, as other warrants are drawn. 1907, 790, § 167. 1442. Appeal from condemnation of water rights.—When Aug. 13, an appeal is taken from any preliminary assessment, as herein provided for, such appeal shall not deprive the municipal corporation obtaining the judgment of condemnation from a right of entry for any or all of the purposes herein provided, the amount of damages assessed shall have been paid into court, in money, and a bond shall have been given in not less than double the amount of damages assessed, with good and sufficient sureties, to be approved by the clerk of the court to which the appeal is taken, conditioned to pay such damages as the owner of the property may sustain. ARTICLE 30. FOREIGN MUNICIPAL CORPORATIONS OF ADJOINING STATES; POWERS TO ACQUIRE 1443-1449. SECTION. 1443. Foreign municipalities which may acquire water rights. 1444. Rights and powers of domestic corporations as to water supplies conferred upon certain foreign corporations. 1445. Power of foreign municipality to contract for water supply. SECTION. 1446. Property of foreign municipal- 1448. Property subject to taxation. 1907, p. 588, § 1. 1443. Foreign municipalities which may acquire water Aug. 7, rights. Any city or town located in any state adjoining the State of Alabama, which is duly incorporated by the laws of the state wherein such town or city is located, may acquire, own, take, and dispose of any property, real or personal, in this state, that may be necessary or appropriate for affording such town or city, and the inhabitants thereof, an adequate water supply to be drawn from a source located in this state. 1444. Rights and powers of domestic corporations as to b., § 2. water supplies conferred upon certain foreign corporations.— All the rights and powers that are incident to, and conferred by law upon, municipal corporations of this state, to purchase, hold, take, and condemn property or easements in property Foreign Municipal Corporations of Adjoining States; Powers to Acquire Water Rights. Aug. 7, 1907, p. 588, § 3. Ib., § 4. lb. Ib. Ib. needful for the location, maintenance, security, and operation of a complete system of waterworks, including the ownership of such water shed, or sheds, right of way, and easements in property, and the construction of such dams, canals, raceways, and reservoirs, and the laying of such pipes, conduits, and mains as is necessary and proper to render a public water supply available for use, are hereby conferred upon such foreign municipal corporations as may wish to procure a public water supply from this state, in accordance with the provisions of this article. 1445. Power of foreign municipality to contract for water supply. Such foreign municipal corporations in connection with the development of a public water supply from this state, shall have the right, power, and authority to contract with any person or persons, municipal corporation, or private corporation, located in this state for a supply of water, upon such terms as may be mutually satisfactory, not repugnant to the constitution and laws of this state, in the same manner and to the same extent as an individual or private corporation may contract for such water supply. 1446. Property of foreign municipalities exempt from levy, etc., as domestic municipalities.—The property of any and all foreign municipal corporations located in this state, in pursuance of the provisions of this article, shall be exempt from levy, or seizure by attachment, or other legal process or proceedings, in like manner as the property of municipal corporations located in and existing under the laws of this state are exempt. 1447. Jurisdiction as to territory acquired.-Nothing in this article contained shall authorize any foreign municipality to exercise any jurisdiction over any territory acquired by it under this article, but the jurisdiction of the State of Alabama shall be in all things retained over such territory. 1448. Property subject to taxation. The property so acquired by any foreign municipality shall be subject to taxation in this state as the property of individuals and private corporations. 1449. Consent of county commissioners necessary.-Before the power and authority conferred by this article may be exercised, the consent of the board of revenue or court of county commissioners of the county in which the property lies, and if the said property lies within the limits of any incorporated municipality, then the consent of the governing authority of said incorporated municipality shall be first obtained. Provisions Applicable to All Cities and Towns. ARTICLE 31. PROVISIONS APPLICABLE TO ALL CITIES AND TOWNS. 1450-1460. 1450. (2968) (1517) (1800) Punishment of women.-For a violation of an ordinance or by-law of a town or city, a woman must not be punished by subjecting her to work on the streets. Original statutes incorporating passed from 1805 to 1823.-Toulmin's Digest, p. 773 et seq. (Dec. 3, 1873, p. 60.) 1451. (2969) (1518) Appeals from judgments of conviction for a violation of municipal ordinances or by-laws.-If not otherwise provided by law or the charter of a town or city, an appeal to the circuit court, or court of like jurisdiction, of the county will lie from a judgment of conviction for a violation of an ordinance or by-law of the town or city; such appeal to be taken within five days after the rendition of such judgment, and to be governed in all respects by the laws regulating appeals from judgments of justices of the peace in criminal cases. (Feb. 13, 1879, p. 192.) Prosecution for violation of city ordinance, procedure on appeal; form and sufficiency of judgment.-Goldsmith v. Huntsville, 120 Ala. 182 (24 So. 509). 1452. (2970) (1519) (1801) May regulate running of trains; (r.c.c.) may prohibit the standing thereof on or across streets.Towns or cities have power to regulate the running of railroad trains, or engines, or automobiles, and electric motors, within the corporate boundaries, and to prohibit the standing thereof on or across the streets or highways within the corporate boundaries. (Mar. 2, 1875, p. 154, as amended Jan. 10, 1877, p. 112 § § 1, 2.) Mar. 7, 1907, p. 420, § 1. Provisions Applicable to All Cities and Towns. 1453. (2971) (1380) (1604) (1299) (1119) Magazine to be built.—It is the duty of the corporate authorities of every city or town corporate within the state to provide a suitable fireproof building without the limits of the town or city, for the storage of gunpowder or other explosive material, on such terms as the corporate authorities may prescribe. (Feb. 28, 1889, p. 99.) 1454. (2972) Mayor has power to close certain places in case of riot. Whenever any mob, riot, or tumult has occurred, or there is reasonable cause to apprehend an occurrence thereof in any city, town, or village, or in the vicinity thereof, the mayor shall have power to issue his proclamation ordering the closing of all barrooms, saloons, shops, or other places where the business of selling intoxicating liquors, arms, ammunition, dynamite, or other explosives, is carried on, and forbidding the selling, lending giving away, bartering, or otherwise disposing of any of such articles, until such time as, in his judgment, such occupation may be carried on without danger to the public peace and safety. 1455. (2973) (1520) Municipal special tax kept separate.— Unless otherwise provided by law or its charter, when a special tax is levied by a town or city for any purpose, the levy, collection, and disbursement thereof shall be separate in all respects from the levy, collection, and disbursement of general municipal taxes; and all moneys, books, receipts, vouchers, and warrants relating thereto shall be kept separate, and express on their face that they relate to the special tax, and state the object of the tax; but the same officers may act in the levy, assessment, collection, and disbursement of the general and special taxes, unless otherwise provided. If, after the purpose of the special tax is accomplished, there remains a balance over, it shall be transferred to the general fund of the corporation. (Jan. 31, 1879, p. 16, § 6.) (This and the five preceding sections may be in part superseded by later statutes.) 1456. Salary of mayor and other officers of cities of over twenty-five thousand population.-The salaries of mayors in all cities in the state having over twenty-five thousand population, according to the next preceding federal census, shall not exceed the sum of five thousand dollars per annum, payable in monthly installments out of the treasury of the said cities, to be fixed by the city council or other governing bodies of said cities, and the salaries of all other officers of such cities, except aldermen and councilmen, shall be fixed by the city council or other governing body of such cities; but if there is a salary limit of such officers of such cities provided in the charter or laws governing the same, the same shall not be altered or Provisions Applicable to All Cities and Towns. changed above such salary limit, except by a two-thirds vote of all the members elected to said city council or other governing body of such cities, and by and with the consent of the mayor. 1907, p. 420, § 1. 1457. Officers not employed by corporation holding munici- Mar. 7, pal franchise. No officer of any municipality shall, during his term of office, be employed, professionally or otherwise, by any corporation holding or operating a franchise granted by the city or the state, involving the use of the streets of the municipality. 1903, p. 1458. Power of municipal corporations to purchase school Oct. 6, property and maintain public schools. All municipal corpo-1 rations in this state may purchase school property, or purchase to 4. lots and erect school buildings thereon, for the use and benefit of the citizens of their respective towns or cities. For said purpose the town council or board of aldermen may levy a tax not exceeding one-fourth of one per cent, provided the city or town tax shall not exceed the constitutional limitation. The town council or board of aldermen may purchase school property, from time to time, for the maintenance and improvement of such school property and the maintenance of public schools therein, within the limits hereinbefore prescribed. Any purchase of school property under the power herein granted shall only be made by the majority vote of the town council or board of aldermen of such city or town, and approved by the mayor. 1459. Power of municipal corporations to pay bonds for Ib., p. waterworks, gas, and electric plants.-Any city or towns of the 402, § 1. State of Alabama that may hereafter construct or purchase school buildings, a waterworks plant, gas plant, electric light plant, or other light and power plant, or extend or enlarge a waterworks plant, or light and power plant, then owned by such city or town, may, by its board of mayor and aldermen, or other governing body of such city or town, execute a mortgage on the school buildings, the waterworks plant, or light and power plant, purchased or constructed by such city or town, to secure the bonds, indebtedness, and interest on such bonds and indebtedness created in the purchase, construction, extension, or enlargement of such school buildings, waterworks plant, or light and power plant, such mortgage to be signed by the mayor, and countersigned by the clerk of said city or town or by such other person or persons as the mayor and aldermen, or the governing body of such city or town may direct by appropriate resolutions; provided, that if, in the judgment of said board of mayor and aldermen, or the governing body, of said town or city, it is desirable that such mortgage be executed before such school buildings or plant is constructed, and |