certified to by his predecessors in office, as the court may deem necessary to be in the county surveyor's record. And that any one having a certified copy of a survey made by a county surveyor or deputy, may have the same plated and recorded in the surveyor's office. And that any survey made in the past, except those made by a county surveyor or deputy, shall not be plated in the record books, unless as an explanatory note to some work performed on the ground by the county surveyor or his deputy. § 7. That a court, in considering the application of the appointment of another surveyor for a special work, must give the benefit of any doubt or preference to the county surveyor. Approved March 24, 1904. CHAPTER 109. AN ACT to amend an act, entitled "An Act for the government of cities of the first class," approved July 1, 1893. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That sections 259 and 265 of an act approved July 1, 1893, entitled, "An act for the government of cities of the first class," which are sections 2744 and 2750 of the Kentucky Statutes, be, and the same are hereby repealed. Repeals sections Ky. Statutes. 2744 and 2750 of Ordinances to re main in force where § 2. That the word "general" be inserted before the words "ordinances" and "ordinance" wherever they occur in section 266 of said act, which is section 2751 not inconsistent of the Kentucky Statutes, so that said section, when publication. thus amended, shall read as follows: "All general ordinances of the city now in force and not in conflict with this act, shall continue in force until herewith. Biannual property for park repealed by the general council, but not longer than two § 3. That section 89 of said act, which is section Condemnation of 2852 of the Kentucky Statutes, be, and the same is, hereby repealed, and in lieu thereof the following shall constitute said section, to-wit: purposes. "Whenever, in the opinion of said Board of Park Commissioners, property shall be needed for any park purposes contemplated in this act, either within or beyond the boundaries of the city in the county in which such city is located, the said Board may, by resolution reciting such need, order the condemnation of such property, and proceedings for such condemnation shall be in the Jefferson Circuit Court, and conducted in the name of said Board by the city attorney. Such proceedings shall be commenced by petition and summons, and carried on as nearly as may be as actions at law by ordinary proceedings are conducted. Warning orders against non-residents, absent defendants or unknown owners of property shall be published at least three times in two daily papers published in such city, the last publication being at least ten days before the trial. In such proceedings for condemnation, the owners of 1 distinct parts of any one general tract sought to be condemned may be included in one proceeding, or any one or more of them holding contiguous properties may be proceeded against in a separate action. The court in which such proceedings for condemnation is instituted shall make such orders, rules and judgments as will secure a fair trial by an impartial jury, which shall be summoned under order of court. Such jury shall consist of twelve free-holders of such city or county, and such trial for condemnation shall have precedence on the docket of the court, as soon as the parties are before the court and the issues made up. The jurors in such actions for condemnation shall be sworn to ascertain and determine truly and impartially by their verdict the amount of compensation each owner will be entitled to receive if his land or property described in the petition be condemned. And in assessing damages to the owner of the property so condemned, it shall be competent for the jury to consider the benefits and advantages, if any, that to such owner will result from the proposed im provements, and to set off the same against such damages other than for the value of the property taken. The court in which such proceedings are instituted shall have the power to assign a day for the trial of the case as soon as the petition is filed. Upon return of the verdict of the jury, the court shall enter judgment vesting in the Board of Park Commissioners of the city, the title to the property described and condemned, the said judgment to take effect upon the payment into court by said Board of the amount of money named in the verdict, and the taxed costs of the proceedings, but said Board of Park Commissioners shall have sixty days within which to make said compensation and payment; and if the same be not made within such time, the said condemnation shall be deemed and treated as aban Condemnation for doned, and the verdict and judgment set aside, and proceedings dismissed at the cost of said Board; but with out prejudice to any subsequent proceedings. That no proceeding now pending and undetermined for the condemnation of property for park purposes shall be affected by this act, but the same shall be governed by existing laws. § 4. That the following words be added to section. municipal purposes. 90 of said act, which is section 2831 of the Kentucky Statutes, viz.: "The proceedings for the condemnation of property for such purposes shall be instituted and prosecuted in the name of the city, by the city attorney as provided in this act for the condemnation of property for park purposes," so that said section when thus amended shall read as follows: "Whenever property shall be needed for appropriate municipal purposes, either within the boundaries of the city or the county, the board of public works may, with the consent of the mayor, if the amount be under two thousand, dollars, order the condemnation of such property; and if the amount be over two thousand dollars may, with the consent of the mayor and the general council, order the condemnation of such property. The proceedings for the condemnation of property for such purposes shall be instituted and prosecuted in the name of the city, by the city attorney, as provided in this act for the condemnation of property for park purposes." Approved March 24, 1904. CHAPTER 110. AN ACT to appropriate sixty-six thousand one hundred and thirtyeight dollars for the completion and equipment of the cell house at the branch penitentiary at Eddyville, Ky., and to provide improvements and additions at the State Penitentiary at Frankfort. Be it enacted by the General Assembly of the Com monwealth of Kentucky: priated. 1. That the north top section of the main chair $19,700 approshop be extended and the roof raised to match the balance of the building. Also that the north three sections of the top of the rattan shop building be raised and extended covering the three sections, and that the amount not to exceed nineteen thousand seven hundred dollars is hereby appropriated for the said purpose. Dust collecting tion for. 2. WHEREAS, The vast quantities of sawdust and sand paper dust in the chair shop at the Frankfort peniten- system-appropriatiary makes it unhealthy for the men, be it further enacted that a perfected dust collecting system be installed in the chair plant to remove the dust and debris, and that the sum not to exceed six thousand four hundred and thirty-eight dollars is hereby appropriated for this purpose. 3. That the sum of forty thousand dollars, or SO much thereof as may be necessary, out of the funds in the State Treasury not otherwise appropriated, is hereby appropriated to complete the cell building and install the necessary heating and electrical equipments and the enlargement and betterment of the water works plant at Eddyville. I disapprove section (1) one of this bill appropriating $19,700.00 for enlarging the chair factory, &c. I disapprove section (2) two of this bill appropriating $6,438.00 for buying a dust cleaner for chair factory, &c. I approve section (3) three of this bill appropriating $40,000.00 for completing the new cell house at the Eddyville penitentiary. March 24, 1904. J. C. W. BECKHAM, Governor. Appropriation of $40,000. |