CHAPTER 98. AN ACT to provide for the condemnation of land and material necessary to construct, maintain and repair the public roads and bridges of this Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Condemnation of for construction or bridge. § 1. That whenever any Road Supervisor of any material county of this Commonwealth, or other officer having repair of road or supervision of roads of any county of this Commonwealth shall be unable to contract with the owner of any land or material necessary to construct, maintain or repair any road or bridges under his supervision, he shall file with the judge of the county court a written description of the land or material, or both, sought to be condemned. Said judge shall thereupon by order made in the county court, at a regular or special term, appoint three impartial housekeepers of the county who are owners of land, to view and assess the value of the land, material, or both, to be condemned. § 2. Said commissioners, after being duly sworn to faithfully perform their duties under the law, shall view the land and material and award to the owner or owners the value of the land or material, or both, sought to be taken, which shall be stated separately and in writing, and they shall award also the damages, if any, resulting to the adjacent lands of the owner, considering the purposes for which it is taken, but shall deduct from such incidental damages the value, if any, of the advantages and benefits that will accrue to such adjacent lands from the construction, maintaining or repairing of such road. Said commissioners shall return a report in writing to the office of Duties of commissioners. Exceptions. Proceedings upon execution. Infants, etc. the clerk of said court, stating their award; and shall describe in their report the land and material condemned, give the names of the owners, and whether non-residents of the State, infants, persons of unsound mind, or married women. § 3. Except the owner or owners of the land or material be an infant, a married woman, a non-resident of this State, or of unsound mind, the Road Supervisor may, upon payment of the full amount of the award, or upon tender of payment, if payment is refused, take possession of the land or material condemned and use them for the purposes for which they were condemned; Provided, That said Road Supervisor shall not take possession of said land, or material until the expiration of five days from making said award; and, Provided, further, that if the owner of the land or material condemned, within said time, file exceptions in writing, to said award with the clerk of the county court, then such Road Supervisor shall not take possession of said land and material, until the right to do so is determined as hereinafter provided. § 4. Upon the filing of exceptions as provided in section three of this act the clerk of the county court shall issue process against the Road Supervisor to show cause why said report and award should not be annulled and set aside. Said process must have been executed five days before the first day of the term of court, at which the matter in controversy is to be tried, which matter shall be tried at such time. § 5. If the owner or owners of the land or material be an infant, married woman, non-resident, or of unsound mind, said commissioners, after being sworn to faithfully and impartially perform their duties, shall view the land and material and award the dam ages as directed in section two of this act, all of which they shall report as directed in said section two. § 6. Upon the filing of said report and award as mentioned in section 5 of this act, the Road Supervisor or other officer having supervision of the roads, if he desires to further prosecute the proceedings of condemnation, may make and file the necessary affidavits, whereupon the clerk of said court shall issue process against such owners as are mentioned in section 5, and the husbands, wives, guardians and committees of those who are married, infants, or of unsound mind, to show cause, if any, why said report should not be confirmed, and the clerk shall make such orders as to non-residents and persons under disability as are required by the Civil Code of Practice in actions against them in the circuit court. $ 7. At the first regular term of the county court after the owners mentioned in section 5 of this act, shall have been summoned the length of time prescribed by the Civil Code of Practice before an answer is required, it shall be the duty of the court to examine said report, and if it shall conform to this law, to the extent that no exceptions have been filed thereto by either party the court shall confirm said report. Process-upon whom served. Confirmation of report. of fact-appeal. § 8. When exceptions shall be filed by either Jury to try issues party, the court shall forthwith cause a jury to be impaneled to try the issues of fact made by the exceptions. In assessing the damages the jury shall be governed by the rule prescribed in section 2. If sufficient cause be not shown for setting aside the verdict, the court shall render judgment in conformity thereto, and shall make such orders as may be proper for the conveyance of the title upon payment of the damages assessed. Either party may prosecute an appeal to the circuit court, but the owner of the land or mate No bond upon appeal. Prosecutions in name of Common wealth. rial, shall, within ten days after the rendering of said judgment in the county court execute bond as required in other cases. The appeal shall be tried de novo upon the confirmation of the report of the commissioners by the county court, or the assessment of damages by said court as herein provided. When the damages and costs assessed to the owner shall have been paid, the Road Supervisor or other officer having supervision of the roads shall be entitled to take possession of said land and material for the use and benefit of the county of which he is Road Supervisor, and use and control the same for the purpose for which it was condemned. Should the owner of the land and material refuse to accept the damages and costs assessed, the amount thereof may be paid to the clerk of the court for such owner, and this shall have the same effect as though paid to the owner. $ 9. If the Road Supervisor desires to appeal from the judgment of the county court no bond shall be required. § 10. Except as herein provided all appeals shall be prosecuted as provided by law regulating appeals in this Commonwealth. § 11. For the purpose of the condemnation of land and material as herein provided, all prosecutions shall be in the name of the Commonwealth of Kentucky for the use and benefit of such county in which the land and material lies. Approved March 22, 1904. CHAPTER 99. AN ACT to change the county lines between the counties of Clay and Be it enacted by the General Assembly of the Commonwealth of Kentucky: changed. § 1. That the county lines between said counties County lines of Clay and Laurel be changed as follows Beginning on top of the Kentucky Ridge where said lines now cross thence, a northwest course with the meanders of said ridge to a high knob east of W. H. Porter's house; thence a northwest course down said ridge to the mouth of the branch said Porter lives on; thence, a straight line northwest to a high knob on top of Kentucky Ridge, southeast of J. J. C. Howard's house; thence, with said ridge northwest to the top of Buzzard Cliff Ridge; thence near a west course crossing county road on top Stony Point; then, near a west course to the old Ike Benge Mill Place on Mill Creek; thence, a straight line northwest to the corners of Clay, Laurel and Jackson counties. § 2. All laws in conflict with this act are hereby repealed. Approved March 22, 1904. CHAPTER 100. AN ACT in relation to town marshals in towns of the sixth class. shal of 6th class WHEREAS, There are many Magisterial Districts Authority of marthroughout the Commonwealth in which constables have town. failed to qualify; and WHEREAS, There are in many of those Magisterial |