timony, and to make such transcript thereof as he may be directed to make by the judge of said court," the following words: "Provided, however, That in counties having a population of one hundred and fifty thous and or more, the reporter of the criminal bench of the circuit court shall take the proceedings in shorthand in all cases tried or called for trial in said court, embracing preliminary motions, rulings of court, examination of jurors, testimony and arguments of counsel," so that said section, as amended, shall read as follows:

"Upon the trial of any criminal proceedings in said court, if the Commonwealth's Attorney or the accused, through his attorney, shall request the services of said reporter, the presiding judge may, in his discretion, order a full report of the testimony and a transcript thereof, and a carbon copy of said transcript, which carbon copy shall remain in the office of the clerk of the court as a public record, whereupon it shall be the duty of said reporter to take full shorthand notes of such testimony and to make such transcript thereof as he may be directed to make by the judge of the court: Provided, however, That in counties having a population of one hundred and fifty thousand or more, the reporter of the criminal bench of the circuit court shall take the proceedings in shorthand in all cases tried or called for trial in said court, embracing preliminary motions, rulings of court, examination of jurors, testimony and arguments of counsel. Which transcript may be used in making up the bill of exceptions to the Court of Appeals."

That section six of said act, and also being section. four thousand six hundred and forty-two of the Kentucky Statutes, be and the same is amended by inserting after the words, "twelve hundred dollars per annum," the following words: Provided, however, That in coun

ties having a population of one hundred and fifty thous and or mere, the reporter of the criminal bench of the circuit court shall receive a salary to be fixed by the presiding judge of said branch of said court, not exceeding, however, the sum of twenty-five hundred dollars per annum, and shall receive no other compensation from the county for such services," and further, by inserting after the words in said section, "that no part of the fees" the words "or salary," so that said section as amended will read as follows:

"The fees of said reporters appointed under the provisions of this act, when serving in criminal cases in any of said courts, shall be fixed by the presiding judge thereof, not, however, to exceed five dollars per day for taking stenographic notes, and fifteen cents per one hundred words for the transcript thereof, which fees shall be paid upon the order of the presiding judge of said court, by the county in which said circuit court is situated, if the same is ordered by the court for the use of the Commonwealth's Attorney. If the transcript of the notes of said reporter in any criminal case is ordered by the presiding judge upon the motion of the defendant, or his counsel, the defendant shall be required to pay for the same, if, in the opinion of the court, he is able to do so. If it shall appear that the defendant is not able to pay for such transcript, the court may direct the same to be paid for as heretofore provided, and the same may be recovered at any future time from the defendant: Provided, That the amount paid by the county in such cases shall not exceed twelve hundred dollars per annum: Provided, however, That in counties having a population of one hundred and fifty thousand or more, the reporter of the criminal branch of the circuit court shall receive a salary to be fixed by the presiding judge of said branch of said

court, not exceeding, however, the sum of twenty-five hundred dollars per annum, and shall receive no other compensation from the county for such services: And Provided, further, That no part of the fees or salary of said reporter shall be paid by the Commonwealth. The fees of said reporter, when serving in civil cases in any of said courts or divisions, shall be fixed by the presiding judge thereof, not, however, to exceed five dollars per day for taking stenographic reports, and fifteen cents per one hundred words for the transcript thereof, which shall be paid forthwith by the party or parties in whose behalf such report or transcript is ordered, and shall be taxed as a part of the costs of the suit or proceeding: Provided, however, That said reporter shall not be required to file any of said transcripts without payment therefor by the party or parties in whose behalf the same is ordered: Provided, however, further, That the presiding judge of said court or division may direct said reporter to file a transcript upon the motion of any party suing in forma pauperis.

Became a law March 26, 1904, the Governor not having approved or disapproved the same within the time prescribed by the Constition.

CHAPTER 126.

AN ACT to amend and re-enact section 1, of article 2, chapter 232, of the Acts of 1891, 1892, 1893, entitled "An Act relating to roads and passways, and approved June 23, 1893, and being section 4348 of the Kentucky Statutes.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

4348 of Ky. Statutes.

§ 1. That section one of article two, chapter 232, Amends section of the Acts of 1891, 1892, 1893, entitled, "An act re

Private

passways, tram roads, haul

roads over land of

how same may be had.

lating to roads and passways," and approved June 23, 1893, and being section 4348 of the Kentucky Statutes, be, and the same is, hereby amended and re-enacted, so that said section shall read:

"1. Whenever it shall appear to a county court, another. When and that it is necessary for a person to have a private passway over the land of one or more persons to enable him to attend courts, elections, a meeting house, a mill, warehouse, ferry, a railroad depot, most convenient to his residence, or whenever it shall appear to a county court, that it is necessary for a person to have a private tram-road or haul-road over the land of one or more persons to enable him to reach a warehouse, steamboat landing, ferry, railroad switch or navigable stream, for the purpose of operating and marketing the products from a lead mine, iron works, salt works, coal mine, fire clay and other minerals, oil well, stone quarry, sand bank or merchantable forest timber, the court shall appoint commissioners, as in case of a road, who, being first sworn to discharge their duties faithfully and impartially, shall go upon the land of the person through which the passway, private tram-road or haulroad is proposed, whether arable or not, and shall report in writing to the court, whether or not a private passway, train-road or haul-road is necessary for any of the purposes aforesaid; and, if favorable to the passway, private tram-road or haul-road, they shall, in their report, designate the exact route for the same by metes and bounds, course and distances, and the width thereof, which, in no case, shall exceed twenty feet, and they shall determine and assess what will be a just compen sation to each owner and tenant, if any, for the land proposed to be taken for a passway, private tram-road or haul-read, in the same manner as upon application to open and establish a new road.

$2.

Upon the filing of the report of the commissioners, the clerk of the county court shall issue process against the owners to show cause why the said report should not be confirmed, and shall make such orders as to non-residents and persons under disability as are required by the Civil Code of Practice in actions against them in the circuit court.

$3. At the first regular term of the county court, after the owners shall have been summoned the length of time prescribed by the Civil Code of Practice before an answer is required, it shall be the duty of the court to examine said report, and if it shall appear to be in conformity to this law, and to the extent that no exceptions have been filed thereto by either party, it shall confirm said report as against the owners not excepting.

$ 4. When exceptions shall be filed by either party, the court shall forthwith cause a jury to be empaneled to try the issues of fact made by the exceptions, and each juror shall be allowed one dollar per day for his services, to be taxed as cost. In assessing the damages, the jury shall be governed by the rule prescribed in section 836 of the Kentucky Statutes, and, upon the request of either party, may be sent by the court, in charge of the sheriff, to view the land. If sufficient cause be not shown for setting aside the verdict, the court shall render judgment in conformity thereto. Either party may appeal to the circuit court, by executing bond as required in other cases, within thirty days, and the appeal shall be tried de noro, upon the confirmation of the report of the commissioners by the county court, or the assessment of damages by said court, as herein provided.

$5. The appeal from the county court shall be taken by filing with the clerk of the court to which the appeal lies a statement of the parties to the appeal,