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§ 3. The viewers shall make out a report of their proceedings and sign the same, and at least ten days before the court is required to act, deliver a copy thereof to the proprietors of the lands over which the proposed passway is to run.

damnum.

§ 4. When the report of the viewers is returned to the Writ of ad quod court, each proprietor may obtain a writ of ad quod damnum, upon the return of which, or if no such writ be applied for, the court may proceed to establish a passway on the principles of this chapter, or to refuse the same, as to them shall seem proper.

sent, passway not to be established until damages as

§ 5 No passway shall be established without the consent Unless by conof the owners, until a writ of ad quod damnum shall issue as in case of a road, and the damages to the owner of the land sessed and paid by applicant. shall be assessed, which damages, and the costs of the whole proceeding, shall be paid by the applicant before the passway shall be established.

§ 6. Any gates that shall become necessary by the establishment of a passway, shall be erected and kept up at the expense of the applicant for the passway.

§ 7. Any person who shall put any obstructions in a passway, or shall prop open, pull down, injure, or leave open a gate erected across the same, shall be liable to a fine of four dollars, recoverable by warrant in the name of the Commonwealth; the fine to be laid out in repairing the passway or gate.

§ 8. When the proprietor of lands over which a passway may be established shall wish to change the same, he shall give the applicant for the passway ten days' previous notice, and may thereupon apply to the county court; and the court shall appoint viewers to view the proposed change, who shall be sworn as on original applications, and shall go on the grounds and report the conveniences and inconveniences of making the change. 1. Upon the return of the report the court shall, as to them may seem proper, make the proposed change or not. 2. But before such change shall take effect, the proprietor shall open the new route, and remove and put

Report of viewers

-how made out

and when to be

returned.

[blocks in formation]

dental privilege, and his title passed to his successors with the same implied encumbrance. (Thomas vs. Bertram, 4 Bush, 317.)

8. A right of way used from 1807, by agreement of parties was slightly changed, and gates mutually put up in 1815. This arrangement being ratified by subsequent acts, was constructively an express grant of the easements. Having been enjoyed and acquiesced in until 1865, the circuit court properly refused an injunction against its use. (Ibid.)

9. The law implies a grant of a passway from uninterrupted and continued enjoyment for more than fifty years, constructively adverse, on presumed claim of right. (Ibid.)

May be discontinued.

Appeals.

up the gates across the same, at his own expense, and pay the other costs of the procedure.

9. Passways may be discontinued by the court in the same manner as roads.

§ 10. The law regulating appeals and writs of error in road cases, shall apply to and govern proceedings concerning passways.

§ II. No passway shall be established through any town Town lots, or lot, orchard, burying-ground, buildings, or yard, without the

chards, protected.

consent of the owner.

CHAPTER 95.

SALARIES.

1. The officers hereinafter named shall respectively re

Annual salary of ceive an annual salary, to be paid monthly out of the Treas

different officers,

payable monthly. ury, as follows:

The Governor, five thousand dollars.

Secretary of State, fifteen hundred dollars.

Assistant Secretary of State, eight hundred dollars.
The Treasurer, two thousand four hundred dollars.
Clerk in Treasurer's office, one thousand dollars.
State Librarian, one thousand dollars.
Register of Land Office, two thousand dollars.
First clerk of Register, twelve hundred dollars.
Second clerk of Register, seven hundred dollars.
Adjutant General, twelve hundred dollars.
Quarter-Master General, twenty-four hundred dollars.
First clerk of Quarter-Master General, twelve hundred
dollars.

Second clerk of Quarter-Master General, one thousand dollars.

Attorney General, five hundred dollars.

Interpreter for Jefferson circuit court, five hundred dollars.
Each judge of the Court of Appeals, five thousand dol-

lars.

An Act relating to the grounds of the charitable institutions of this Commonwealth.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be unlawful for any person, company, corporation, association, or city, to condemn or use any part of the ground or grounds of any charitable institution of this Commonwealth as a public or private road, passway, street, or alley, or any other public use.

2. All acts and parts of acts inconsistent herewith are hereby repealed. 3. This act shall be in force from its passage.

Approved January 18, 1873

Judge of a circuit court, three thousand dollars. Judge of Jefferson court of common pleas, three thousand dollars.

Judge of common pleas court in the first, third, and twelfth judicial districts, each three thousand dollars.

The judge of the criminal court in the twelfth judicial district, three thousand dollars.

The judge of the court of common pleas for the county of Warren, amount to be paid at the Treasury, fifteen hundred dollars.

Chancellor and vice chancellor, at Louisville, each three thousand dollars.

The chancellor in the counties of Campbell, &c., three thousand dollars.

Attorney for the Commonwealth, five hundred dollars.

CHAPTER 96.

SALT AND SALTPETRE WORKS AND WATER PIPES.

ART. I. Works to be inclosed.

66 2. Water conveyed over the lands of others.

ARTICLE I.

Works to be inclosed.

grounds inclosed.

1. The owner or occupant of salt works and saltpetre Owners of to keep works within this Commonwealth shall keep the same, and the grounds upon which the brine or bittern water or saltpetre water is drained or deposited, inclosed, so as to prevent the stock of other persons from having access to the same. If not so kept, and the stock of another is injured by the brine, bittern, or saltpetre water, the owner and occupant of said works shall, jointly and severally, forfeit and pay five dollars each for every twenty-four hours such works and grounds may have been left uninclosed, and shall also pay to the party injured such damages as he may have sustained by the injury to or destruction of his stock. The penalty and damages to be recovered by appropriate pro- Penalty. ceedings.

to be filled up,

§ 2. Wells and pits sunk for salt water, or any other pur- Abandoned wells pose, when they shall be abandoned or not used, shall be &c. filled up, or inclosed, as provided in the above section, by the owner or occupant of the grounds, or the persons who

Penalty.

sunk the same; and for every twenty-four hours the same are left uninclosed or unfilled, the occupant of the land, the owner thereof, or the person who sunk the well or pit, shall, jointly and severally, be liable to the same penalty and re sponsibility prescribed in said section.

ARTICLE II.

Water conveyed over the Lands of others.

§ 1. When the owner or lessee of a salt, or other well or Owner of may lay spring or stream or body of water, shall desire to convey in

over the

grounds of others pipes under ground the water therefrom to a point more

tained.

convenient, he may do so, when necessary, over the lands of another, upon the conditions and terms herein prescribed: 1. He shall apply to the county court of the county in How right ob- which the land over which he desires to run his pipes lies, whose duty it shall be to appoint three impartial freeholders of the county as viewers of the ground along which the water is to be conveyed, who shall, before they enter upon the duties required, take an oath faithfully to view and mark the route along which it is proposed to convey the salt or other water.

2. Said viewers shall make and sign a report to the court

Viewers to report of the route, and the names of the owners of the land over

line of route and

owners' names.

which it passes.

3. No such route shall pass through the yard or garden, Yard, garden, or between the dwelling and spring or other buildings of any

&c., protected.

owner or occupant of land, without the consent, in writing, of such owner and occupant.

4. Upon the return of such report a summons shall be issued, returnable to the next court, against the persons owning and occupying the land over which it is proposed to conduct water, if they are resident in the State; if any of them are non-residents, a warning order shall be made against them to appear at the next term, and show cause, if any they have, why the applicant should not have the liberty of conveying water over their land.

damnum.

5. Upon the return of the summons executed, if any of Writ of ad quod the parties summoned or warned desire it, the court shall award a writ of ad quod damnum, commanding the sheriff to summon twelve impartial housekeepers of his county to meet on a day and a place upon the premises to be fixed in said writ. The jury shall be sworn and charged by the

Proceeding on report of viewers.

sheriff impartially to view the lands through which the water is to be conducted, and to affix in their verdict the amount of damage it will be to the respective owners or occupants who desired such writ, taking into their estimate the value of the land appropriated, as well as any other inconvenience to the owner or occupant. The inquest shall be signed by the jurors, and with the writ returned by the sheriff to the county court. The court for good cause may, on motion, set aside the inquisition and award a new writ; if no such motion be made, the court shall, if the applicant request it, enter up judgment or order for the exercise of the privilege desired. But before he shall enter upon the land, he shall pay into court the amount assessed by the jury for the use of the party in whose favor it has been assessed, and pay the legal costs of the proceedings; and if he abandons the motion, or declines to accept the right, the court shall give judgment against him for costs in favor of the defendants.

§ 2. Under and by virtue of this order of the county court, the party applying for the privilege shall have right of ingress and egress upon the premises, to erect and repair the pipes necessary to conduct the water.

3. If the jury first empanneled does not complete the whole inquest in one day, they may be adjourned from day to day until the same be finished; or if, from any cause, they fail to agree, or the jury be not empanneled at the time and place named in the writ, the sheriff shall summon a jury to meet on the premises on some other day, of which he shall give the parties at least five days' notice, in writing, and there and then proceed, as herein provided, to execute the commands of said writ.

CHAPTER 97.

SEAL OF THE COMMONWEALTH AND OF THE SECRETARY
OF STATE.

Ingress & egress of court.

secured by order

Jury may be ad

journed until in

quest completed

or new jury em

panneled.

1. The seal of the Commonwealth of Kentucky shall Device of seal. have upon it the device, two friends embracing each other, with the words "Commonwealth of Kentucky" over their heads, and around about them the words "United we stand, divided we fall."

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