§ 6867. Either Party May Appeal.

Either party to the action may appeal from judgment therein, in like manner and like effect as in ordinary cases; but such appeal shall not stay the proceedings so as to prevent such corporation from taking such lands into possession, and using them for the purposes of the corporation, or from proceeding to exercise the right, enjoy the easement, or make the crossing or connection condemned. [Sec. 6867, L. O. L.] § 6868. Where Damages Exceed Tender, Defendant Entitled to Costs. The costs and disbursements of the defendant, including a reasonable attorney's fee to be fixed by the court at the trial, shall be taxed by the clerk and recovered from the corporation, but if it appear that such corporation tendered the defendant before commencing the action an amount equal to or greater than that assessed by the jury, in such case the corporation shall recover its costs and disbursements from the defendant, but the defendant shall not be required to pay the plaintiff's attorney fee. [Sec. 6868, L. O. L., as amended by Chap. 49, G. L. 1913.]

§ 1. Eminent Domain By Cities.

In all cities where the public necessity shall require it, the council may by ordinance direct the city attorney to institute an action for condemnation of any property needed for a street or for other public use. By the same ordinance the council shall appoint three competent and disinterested persons as viewers, who shall within thirty days from the beginning of such action, view such property and make report to the council of the value of the property and of the rights and interest of the several persons having interests therein. [Sec. 1, Chap. 79, G. L. 1913.]

§ 2. City to Provide a Fund to Pay for Property Appropriated.

The city council shall thereupon provide a fund and draw a warrant thereon, in favor of such persons for not less than the sum or sums found by the viewers or such greater sum as they may deem proper security, for the owners and the several persons having any interest therein. [Sec. 2, Chap. 79, G. L. 1913.]

§ 3. Fund May Be Out of General Fund or By Assessment for Benefits. Such fund may be provided by appropriation from the general fund, by levy of assessment for benefits, as in other cases, or in any other lawful manner. Not less than ninety days after the deposit of the warrant with the clerk of the court where the action is pending, the city may take possession of the property. Application may be made to the court at any

time prior to the expiration of said ninety days, for an order increasing the amount of the security. If such application shall be made within the time limited, the court shall hear the same forthwith, in a summary manner, and fix such security as it shall deem necessary as security for the taking. If the amount be increased, the city may take possession as soon as the council shall provide such additional fund and draw a warrant thereon for the amount so fixed and deposit the same with the clerk of the court; provided, however, that in no case shall the city take possession prior to the expiration of the said period of ninety days. [Sec. 3, Chap. 79, G. L. 1913.]

§ 4. Trial and Judgment and Conditional Appropriation.

The action shall then proceed to trial and judgment as other like actions, and if the verdict be given for a greater amount than the appropriation, judgment shall be against the city for the excess, to be payable immediately, and if the court shall so direct, as a condition of the further use of the property by the city; if for a less sum, a new warrant shall be given for the amount of the judgment, and that deposited shall be returned. [Sec. 4, Chap. 79, G. L. 1913.]

§ 5. Act Not to Preclude Other Remedies of Appropriation.

This Act shall not be construed as precluding the owner from any remedies otherwise given by law to determine whether the property is subject to appropriation. [Sec. 5, Chap. 79, G. L. 1913.]

§ 1. Incorporated Cities or Towns May Own Water Works in Name of Joint Agency.

All or any of the incorporated cities or towns within the State of Oregon are hereby authorized to construct, own or operate jointly, in such proportion as they may agree, water works and water pipe lines, water rights and water, and in their own names or in the name of joint or other commission or agency, for any such purpose, to purchase, own, hold, appropriate and condemn land, rights of way, water or water rights, or to purchase one from the other or others water works, water pipe lines, water rights or water or any interest therein or in either of them and to provide joint or other commissions or agencies for the construction, operation or control thereof and to issue, sell or otherwise dispose of bonds or other securities of such city or town for the purpose of carrying out any of the foregoing provisions. [Sec. 1, Chap. 3, G. L. 1915.]

§ 1. Incorporated Cities or Towns May Own Water Works- -Condemn Land, Etc.

Incorporated cities and towns having a population of over 1,000, when the power to do so is conferred by or contained in their charter or act of incorporation, are hereby authorized to build, own, operate and maintain water works, water systems, railways, and railroads, electric light and power plants, within and without the boundaries of said corporation, for the benefit and use of the inhabitants thereof, and for profit, and to that end may in connection with their water systems sell and dispose of their water for irrigation and other purposes to people residing without the boundaries of such municipal corporation, and may build, acquire, own and operate railways operated by steam, electric or other power within and without the boundaries of such municipal corporation and running from said municipal corporation to other towns, cities and points without the boundaries of said municipal corporation, and to that end may acquire right of way, easements, real property within and without its boundaries, for any of such purposes. For the purpose of exercising such powers such cities and towns are conferred with the power and authority to bring actions for the condemnation or taking of private property for public use in the same manner as private corporations are now authorized or permitted to do under the laws of the State. [Sec. 1, Chap. 105, G. L. 1915.] § 1. Cities and Towns Given Police Power Over Their Public Parks Without Their Boundaries.

Every incorporated city and town or municipal corporation owning or controlling any lands without the boundaries of such city, town or municipal corporation, is hereby granted power to enact any police or penal ordinance necessary to protect the same or preserve the peace and order therein or regulate the use of such park and enforce the same by penalties of fine or imprisonment and to make arrests and serve process or [of] courts therein or upon persons therein or thereon in like manner and with like effect as the same might be enacted or enforced within the corporate limits of the boundaries of any such city, town or municipal corporation. [Sec. 1, Chap. 114, G. L. 1913.]

§ 6986.

Branch Line or Extension, Proceedings By Company Desiring to Build.

Any railway company owning or constructing a railway within the State of Oregon, desiring to construct any branch line or side line, or to build an extension of the main line, shall cause to be adopted by the board of directors of such

corporation a resolution defining the branch or side line or extension, and designating the termini thereof, and shall cause a copy of such resolution, certified by its secretary, to be filed in the office of the Secretary of State, and also in the office of each county clerk in or through whose county such branch or side line or extension is to be constructed; and thereupon such corporation shall have the right to build and construct such branch or side line or extension, and to exercise the right of eminent domain as is provided by law, and the termini so designated in such resolution shall be a sufficient designation thereof for the purpose of exercising such right of eminent domain. [Sec. 6986, L. O. L.]

§ 1. Cities or Towns Contemplating New Water or Culinary Supply Shall Submit Plans to State Board of Health.

Any incorporated town or city in the State desiring to provide a new water supply for drinking or culinary purposes or any person or corporation who shall undertake to provide a new water supply for a town or city or for any number of persons exceeding ten families or a total of fifty persons shall before performing any work on the ground (other than making examination or surveys for the preparation or provisions of such water supply) submit to the State Board of Health plans showing the source of the supply, and the transmission and distribution systems, with further information as to the amount proposed to be taken and transmitted, the drainage. areas from which the waters are to be derived, the purity and wholesomeness of the supply, the kind and character of the works for gathering, storing and transmitting the water, and the number of persons to be supplied, together with any additional data which the Board of Health may require as in its judgment proper to enable it to pass intelligently upon the effect of such water supply upon the public health. No such work shall be undertaken or proceeded with until the Board of Health shall have approved such plans, either as originally offered or as modified pursuant to its requirements. [Sec. 1, Chap. 73, G. L. 1915.]

§ 2. State Board of Health Shall Approve Sewerage Plans.

Any city or town in the State proposing a sewer system or any individual or corporation proposing to install a system of sewerage or disposal of waste products for the use of more than five families or fifty persons shall before undertaking any work on the ground, other than making surveys and preliminary plans, submit to the State Board of Health the full plans and specifications for the system, showing particularly the location of the outfall and the streams or other places

of final disposal, and the method, if any, for the reduction, purification, or use of the sewage. No such plan shall be proceeded with or work done thereon until the plans and specifications either as originally proposed or modified are approved by the State Board of Health. [Sec. 2, Chap. 73, G. L. 1915.]

§ 3. Penalty for Violation.

Any violation of the provisions of this Act shall be a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six months in the county jail, and every person in any way responsible for the proceeding with the actual construction of such work until the approval of the State Board of Health shall have been given thereon shall be deemed guilty of a violation of this Act. The State Board of Health may by proceeding in the proper court enjoin any construction of sewerage or sewage disposal to which it has not given its approval. [Sec. 3, Chap. 73, G. L. 1915.]

MISCELLANEOUS PROVISIONS

§ 7116. Acknowledgment of Corporation-Form.

A certificate of acknowledgment of any instrument by a corporation, substantially in the following form, shall be sufficient:

to me personally known, who, being duly sworn (or affirmed), did say that he is the president (or other officer, officers, or agent of the corporation) of (describing the corporation), and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said acknowledged said

instrument to be the free act and deed of said corporation. In testimony whereof I have hereunto set my hand and affixed my official seal this the day and year first in this, my certificate, written. (Title of officer taking acknowledgment.)

[Sec. 7116, L. O. L.]

§ 5833. Rights and Liabilities of Stockholders.

In all cases not otherwise provided for in this chapter, all the members of limited partnerships and all the stockholders in corporations organized for, or engaged in mercantile or manufacturing business, not of a quasi public character, shall be subject to all the liabilities and entitled to all the rights of