Mode of pro demn property. duty of the city court of Paducah, upon the application of 1872. the city attorney of said city, to appoint five persons cornmissioners, four of whom shall be residents and real estate owners in said city, and the other the city engineer of said: city, who shall be sworn by the judge of said city court faithfully to discharge their duties under this act to the best of their skill and judgment, and who shall immediately thereafter view the ground or material desired or required by said city for any of the uses herein before sedure to connamed, and fix the amount of compensation in which the owner or owners of such land or material shall be entitled, and to make out and return to the clerk of said city court, at his office in said city, a report, in writing, particularly describing the land or other material valued, and the interest and duration of interest valued, and the amount of damages assessed as compensation for the same. The report of the commissioners shall give the names of the owner or owners, and state whether such owner is a resident of said city, and whether a feme covert, infant, or person non compis mentis. The clerk of said court shall receive said report, and file the same in his office, indorsing thereon the time of its being filed; and if the owner resides in the said city, he shall forthwith issue a suminons, commanding the owner or owners of such land or material to appear and show cause why such report should not be confirmed, and which summons shall be forthwith executed by the sheriff of McCracken county, marshal of said city, or such other officer of said city in whose hands it may be placed. The report shall be docketed in said city court, and shall stand for trial in ten days after the service of the summons. If the owner be a resident of said city, and fails to file exceptions to the confirmation of the same within ten days after the summons is executed upon him, the court shall confirm the report of said cominissioners, which shall vest in said city the title to the ground or material valued, and the interest and duration of the interest valued. If the owner is not a resident of said city, an infant, a feme covert, or non compos mentis, the court shall, within ten days after the tiling of the report, appoint an attorney to defend for such owner or owners, who may file exceptions to any such report, at any time not later than ten days after his appointment. If no exceptions are filed by the attorney within the time prescribed herein, the report shall be by report of com the court confirmed, which shall vest the title to said land missioners or material valued, and the interest and duration of inter- jury trial est of the same valued, in said city; and upon exceptions being filed by the owner, or by an attorney appointed by LOC. L.-16 Owners have benene 1872. the court to defend for him or her, or by the city, the court shall forthwith order a jury to be empanneled to try the question of damages, unless for good cause shown by either party time is given for preparation. The jury and commissioners shall, in estimating the damages to the owner of any land or material sought to be condemned under this act for city purposes, find for the owner or owners the actual cash value of the land or other material proposed to be taken; but in estimating damages resulting incidentally to the land or material proposed to be taken, they shall offset any advantages that the owner or owners may derive from the use by the city of the land or material they propose to condemn; and whenever a verdict shall be had, the court shall give judgment condemning such land or other material for the use of said city, and for the amount of damages assessed, and also to the owner for his costs, if the verdict shall be for more than was assessed by the commissioners; and such valuation, when tendered or paid to the owner or owners, or deposited in bank to the credit of the owner or owners, and a certificate of depo-it filed in said court, shall entitle the said city to the land or material valued, and the title to the same, and the interest and duration of interest valued by said commissioners, or assessed by the jury; and it shall not be necessary, after the report of the commissioners upon any land or material, as hereinbefore May use prop- provided for, in order to the use and occupation of the port of commis- same, to await the issue of the proceedings, in case exout waiting for ceptions are filed to the report; and the report of the commissioners, after the payment or tender to the owner, or deposit in bank of the amount assessed, shall be a bar to all actions for taking and using such property. § 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect from and after its passage. erty, after re sioners, with jury trial. Approved February 2, 1872. County court Bonds to pay issue рад county debts. CHAPTER 168. AN ACT to authorize the county court of Green to issue bonds and levy a tax for certain purposes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county court of Green county, a majority of the justices of the peace being present and concur ring therein, be, and they are hereby, authorized to issue county bonds of said county to the amount of two thousand one hundred and fifty dollars, for the purpose of paying off the indebtedness of said county. 1872. Time bonds § 2. Said bonds shall bear not exceeding ten per cent. interest; said interest to be paid annually, and shall have two years to run, but redeemable at the pleasure of the shall run. county court. § 3. That the bonds may be issued in such sums as the court may direct. § 4. The court shall prescribe the form of the bonds; they shall be signed by the judge, attested and stamped by the clerk of the county court, with the seal of said court. May appoint commissioner 5. The county judge may appoint a commissioner to sell said bonds, and prescribe the time and manner of to sell bonds. selling the same; and provided said bonds shall not sell for less than their par value. § 6. It shall be the duty of said court to make the necessary arrangements for the payment of the interest on said bonds, and the cost of issuing the same, and for their final payment when due. County court shall make ar rangements to pay said bonds. for said purpose. § 7. To enable the court to comply with this act, it is May levy a tax hereby authorized and empowered to levy a tax on the county, one half to be raised on the ad valorem principle, and the other half per capita, the former not to exceed, in any one year, ten cents on the one hundred dollars' worth of taxable property in the county, and the latter not to exceed two dollars on each tithe by the county in any one year. § 8. The tax levied under this act shall be collected in the same manner, and under the same liability, that the other county levy and taxes are collected for said county. 69. Said court shall have power to make all orders necessary for carrying into execution the provisions of this act; and the county judge may at any time convene the justices of the peace for action under this act. § 10. This act shall take effect from and after its passage. How tax shall be collected. Approved February 2, 1872.. CHAPTER 170. AN ACT to legalize the action of the Cumberland county court in the sale of the old jail in said county. WHEREAS, On the 10th day of April, 1871, the Cumberland county court, by an order of said court, appointed a commissioner for the purpose of selling the old jail in said county, and the ground upon which it stood, and directing that the proceeds of said sale should be applied to the erection of a new jail in said county; and whereas, said commissioner, in obedience to said order, did, on the 1872. 8th day of May, 1871, proceed to sell said jail and lot as directed by said order, and James Haggard became the purchaser; and whereas, there exists some doubt as to the legality of said sale, and as to the legal authority of said court to make an order directing said sale; now, for the purpose of legalizing the action of said county court in the premises, and for the purpose of legalizing said sale, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the action of said county court in the premises, and said sale, be, and they are hereby, legalized; and said county court is hereby authorized and empowered, through and by a commissioner to be appointed by an order of said court, to convey the said property to James Haggard, the purchaser thereof; said conveyance, when made and examined, and approved by said county court, shall be certified by the judge thereof to the clerk of the Cumberland county court for record; and thereupon the legal title to said property shall vest in said Haggard. § 2. This act shall take effect from and after its pas sage. Approved February 2, 1872. CHAPTER 171. AN ACT to extend the corporate limits of the town of Paradise, in Mublenburg county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the corporate limits of the town of Paradise be extended as follows, to-wit: Beginning at the head of Main street; running thence north 24 west 552 feet, to a stone; thence north 59 east 488 feet. to the original line, embracing all the land in said boundary; also beginning at the southeast corner of the town boundary; running thence north 66 east, until it strikes the river; thence with the river until it strikes the original line of said corporation, embracing the land in said boundary. § 2. This act shall take effect from its passage. CHAPTER 172. AN ACT to legalize the action of the commissioners of the sinking fund of Marion county in relation to sale of Louisville and Nashville Railroad stock, and other matters pertaining thereto. WHEREAS, It is represented to the present General Assembly of the Commonwealth of Kentucky, that the sinking fund commissioners of Marion county, at a time when the stock of the Louisville and Nashville Railroad Company was at a high price, sold the stock of Marion county in said road, and applied the funds received therefor in purchasing in the bonds of said county issued to said road in payment of said stock, until they have taken in all but forty-seven of said bonds of one thousand dollars each, which are due and payable in April, 1874; and said commissioners being unable to purchase them, invested the residue of the proceeds of the stock sold in the purchase of sixty-three Madison county, Kentucky, honds of one thousand dollars each, payable in 1888: therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the action of the said sinking fund commissioners, in the sale of said stock, and the purchase of said Madison county bonds, be, and the same is hereby, legalized. 2. The said N. S. Ray, L. A. Spaulding, and R. H. Rountree, sinking fund commissioners, and their successors in office, are hereby authorized to sell or exchange said Madison county bonds, in order to raise the means to redeem the outstanding Marion county bonds, and to reinvest, if deemed by them prudent, the proceeds of bonds sold, so as so protect the credit of the county, and to increase, as much as can be done, the resources of the sinking fund. § 3. The county court of Marion may appropriate any surplus that may be in the hands of said commissioners, after fund suficient is left to redeem said bonds, towards enlarging and improving the present court-house of Marion county, or towards building a new one. § 4. The sinking fund commissioners are authorized to pay out of the proceeds of said bonds any residue, to the order of the Marion county court, for the purposes named in the third section of this act, reserving sufficient to redeem all the outstanding bonds of said county. § 5. This act to take effect from its passage. Approved February 2, 1872 1872. |