The Montgomery advertiser., 1903-10-23

therein shall be alleged and proven. ana unless it be alleged and proven that suci other and different character of pub1i, use will not materially interfere with tn, public use to which such property Is al ready subjected or devoted
 Sec. {. Be it further enacted, That Sec ton 171s of the Code be amended so as tc read as follows: ITS Cs2f1) If application granted, commissioners appointed; dam ages assessed.-f the application b. granted in whole or fin part, the Judge oi Probate must appoint three citizens ot the county in which the lands sought tc be condemned are situated, who shall DOS. sess the qualification of jurors, who shall be disinterested. and who shall file a cer- tihcate along with their award that neith- CT of them had ever been consulted. ad- vlsed with. or approached by any person m reference to the value of the lands, or .ne proceedings to condemn the same prior 70 the assessment of damages. and that they knew nothing of the same prior to sneir appointment; and the Judge of Pro- pate Is authorized to fill any vacancy ocasioned by death, failure to act or any oisqualihcation of any such commission CTS from interest, prior knowledge of the subject matter, or being consulted ad- vised with or approached in reference to .ne condemnation of such lands prior assessment the damages. When the court sba,I nave appointed the Commissioner as herein provided. it shall at once issue a notice or the appointment to the sheriff who snail serve such notice upon the person therein designated within five day. Q, the receipt thereof, and the sberifr small receive the same ccmpensation for serving such notice as allowed for sur, morning Jurors. It shall be the duty of the co,nniissioner thus appointed, or n ma San Hs or them. to assess separately the sannae, ana compensation to which the several owners of each of inc ssvara, tracts of land are entitled and th.,, s,,a,, | pc sworn as jurors are sworn. The cnr,' .nissioners may view the lands to he ,,,h !ec.eo ana must receive all legal evidence o,e,eo oy any party touching the amount oi uamages the owners of the Iards ,,,r, sustain and the amount of comperso t,o,. they are entitled to receive h,,. tt,a amount of compensation to which th. owners are entitled must not be reduced or dlminished because of any ipcidentai
 ".ts which may accrue to them. ar
 .neir remaining lands in conseuuence U. 'ne uses 10 which the lands to be ta hen or In which an easement is to he ac- quired. will be appropriated. Rut nat,,- ing Tn this section shall be construed to prevent any applicant for the condemra- = .lon or lands or any land owner whose ,anos are subject to be condemned from oeing present in person or by attornev at ' any of the proceedings or trials nrovided for In this article.
 Sec. 5. Be 1t further enacted. That section 1719 of the Code be amended so a . .o read as follows: 1719 (3212) Report of tne commissioners. The Commissioners must within twenty days from tbeir an- pointment make a report in writ,ns to sta Court stating the amounts of dam. and compensation ascertained and os- seSsed by them for the owners of each tract Of land and thereupon the court must order the same to be recorded ana must make orders of condemnatior ir pursuance thereof upon the pavment of the damages and compensation so askes.. ca and reported of the deposit of the same in court s'''''e
 Sec. s. Be it further enacted, That Sec tion I'So Of the Code be amended so as to or the parties may appeal from the order or condemnation to the City or Circuit Court of the County within thirty days arter the making of the order of condern- nation, by filing in the court, rendering the Judgment a written notice of appeai. copy of which shall be served on the opposite party, or his attorney, and on such appeal the trial shall be de novo. and 1t shall be necessary to send up the proceedings only as to the parties ap- peatng or against whom an appeal is ta- Ken No appeal shall suspend the iudg- ment, or deprive the applicant of the right of entry. provided the amount of the damages assessed for the parties who appeal or against whom an appeal is ta- ken. shall have been paid into court in money and a bond shall have been given in double the amount of such damages with good and sufficient sureties to pay such damages as the property owners may sustain. In case more than one land owner appeals. or appeal is taken against more than one there shall be separate bonds given. as above provided. to each one so appealing or appealed against If the Probate Court refuses to grant the ap- plication the applicant shall have a right Of appeal to the like court upon giving security for costs, to be approved by the Judge of Probate, and upon such appeal the trial shall be de novo. Upon any ap- peal taken to the Circuit Court or court of like Jurisdiction under this section if such court determines that the applica- tion should be granted, 1t shall proceed forthwith to have the damages and com pensation assessed by a jury. And upon the payment to the owner Of the damages so assessed, and the payment of costs of suit into court, or upon the payment of the damages and costs of suit into court, the court shall make an order of con- demnation in accordance with the appli- cation upon the trial in the court to which the appeal Is taken. either party may. by bill of exceptions, reserve any ruling or decision of the court as in other cases. After final judgment in the Circuit Court or court of like Jurisdiction, any party may, within thirty days thereafter, upon giving bond or security for costs as in other cases, appeal to the Supreme Court.
 Approved Oct. 1, 1903.
 Oficial.
 J. THoS. HEFLIN,
 Secretary of State,