The Birmingham age-herald., 1903-10-23

therein shall be alleged and proven, and unless 1t be alleged and proven that such other and different character of public use wfll not materially interfere with the public use to which such property is al- ready subjected or devoted
 Sec. 4 Be 1t further enacted. That Sec tion 1718 of the Code be amended so as to read as follows; ITS (S2lD If application granted. commissioners appointed dam ages assessed.-If the application b. granted in whole or in part the Judge of Probate must appoint three citizens of the county in which the lands sought to be condemned are situated, who shall pos sess the qualification of jurors. who shall be disnterested. and who shall file a cer- tifeate along with their award that neIth- .er of them had ever been consulted ad- l vised with or approached by any person in reference to the value of the lands, or the proceedings to condemn the same prior to the assessment of damages. and that they knew nothing of the same prior to their appointment; and the Judge of Pro bate Is authorized to fill any vacancy ocasioned by death, failure to act or any disqualification of any such commission CTS from interest prior knowledge of the subject matter, or being consulted. ad- vised with or approached in reference to the condemnation of such lands prior
 
 the damages. When the court shall have appointed the commissioners as herein provided it shall at once issue n notice Of the appointment to the sheriff who shall serve such notice upon the person therein designated within five davs of the receipt thereof and the sheriff snail receive the same compensatton for serving such notice as allowed for sum- morning Jurors. It shall be the duty of the colnHilssioner thus appointed. or q ma Jority Of them, to assess sena tol,, 4h. damages and compensation to whieI, the ti,e several owners of each of tho savaraI tracts of land are entitled. and tbev shati pc sworn as jurors are sworn. The com. inlssloners may view the lands to be suh. Jected and must receive all legal evjdenca oHered by any party touching the amount or damages the owners of the lands v,,,l sustain and the amount of connansa t,o,s they are entitled to receive. hut inc amount of compensation to which tbo owners are entitled must not be reduced or olninlshed because of any incidental oenents which may accrue to them. or 10 their remaining lands In conseouence or the uses to which the lands to he ta- Ken Or In which an easement is to be ac- qulred, will be appropriated But noth Ing In this section shall be construed n prevent any applicant for the condemna- tlon or lands. or any land owner whose lands are subject to be condemned from, being present in person or by attorney a, any or the proceedings or trials provided for in this article.
 Sec. 5. Be 1t further enacted I'm, Section 1T9 of the Code be amended so e , to read as follows: l71s (3219) Renort of the Commissioners. The Commissioners must within twenty days from their an- l pontment make a report in wrlting to tho Court stating the amounts of dama zee and compensation ascertained and as sessed by them for the owners of eaob tract of land and thereupon the cour, must order the same to be recorded and must make orders of condemnation In pursuance thereof upon the payment of the damages and compensation so assess- ed and reported of the deposit of the same in court
 Sec 6. Be 1t further enacted That Sec ton l720 of the Code be amended so as to read as follows: 1720 (32l5) Appeal. Any or the parties may appeal from the order of condemnation to the City or Circuit Court of the County within thirty days after the making of the order of condem- 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- pealng 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 bond shall have been given Q n da, with good and sufficient sureties to pay such damages 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 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- ton 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 sult 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. l. 1903.
 | Official,
 J. THOS. HEFLIN, Secretary of State