§3. This act to take effect and be in force from and after its passage. Approved January 26, 1874. 1874. CHAPTER 114. AN ACT for the benefit of the common schools of Trigg and Ballard coun ties. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the surplus school fund belonging to the counties of Trigg and Ballard shall be drawn out of the Treasury upon the order of the county court of said counties respectively, at its February or March term, 1874, a majority of the justices being present and concurring. § 2. That the commissioner of common schools for said counties shall distribute this fund for the purpose, and in the manner now prescribed by law, unless the said county court shall deem it of more advantage to the interest of common schools in said county to put the same out at interest; and in that event, the said court shall direct the commissioner of common schools to loan out the same, taking bond with good surety, payable to himself or successor in office, and bearing interest at a rate not less than eight nor more than ten per cent. per annum, which interest shall be distributed by him as other school funds in his hands are by law directed. If funds are loaned county court to approve 3. If said school fund, or any part thereof, shall be loaned by said commissioner, and before the amount loaned shall pass from his hands, he shall report said bond. bond to county judge for his approval or rejection. § 4. It shall be the duty of said commissioner of common schools for said counties to make an annual statement to the county court of the condition and amount of said funds so long as any part thereof shall remain in his hands. § 5. That this act to take effect from and after its passage. Commissioner to make report. Approved January 27, 1874. CHAPTER 115. AN ACT empowering the county court of Washington county to make additional subscription to certain turnpike roads. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county court of Washington county be, and they are hereby, authorized and empowered, a ma 1874. be paid until cach mile is finished. jority of the justices of said county being present and concurring therein, at any regular county court, to make additional subscription of stock to the Springfield, Pleasant Run, and Maxville, the Springfield and Bloomfield Turnpike Road Companies: Provided, That said additional subscription shall not exceed eight hundred dollars to each unfinished mile of said roads. § 2. That no money subscribed by said county court No money to shall be paid to said turnpike road companies until each mile of the roads subscribed for shall have been completed, or until said court shall be fully satisfied, in open court, that the said companies are fully able to complete their roads with the aid of such subscription. County court pay said subscrip may levy tax to tion. lect said tax. 3. That said county court shall have the power, a majority of the justices concurring therein, to levy an ad valorem tax upon all the taxable property in said county, not exceeding twenty-five cents upon each one hundred dollars listed for taxation, to raise a sum sufficient to pay off and discharge the said subscription of stock; and said tax may be imposed yearly until the debt is fully discharged. § 4. The said tax shall be collected by the sheriff of Sheriff to col said county, in the same manner and for the same compensation as is now fixed for collecting the State revenue, and said sheriff shall be responsible on his official bond for all money so collected. § 5. This act shall be in full force and effect from its passage. Approved January 27, 1874. CHAPTER 116. AN ACT to repeal an act declaring Wolf river a navigable stream. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the act approved March 19th, 1873, chapter four hundred and thirty-one of private acts, declaring" all that part of Wolf river, situated in the State of Kentucky, below Sells' mill," a navigable stream, be, and the same is hereby, repealed. § 2. That this act take effect from its passage. Approved January 27, 1874. CHAPTER 118. AN ACT for the benefit of James W. Hog and Lewis S. Lee, late sheriffs of Letcher and Ballard counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That James W. Hog and Lewis S. Lee, late sheriff's of Letcher and Ballard counties, have the further time of two years, from and after the passage of this act, to collect the uncollected revenue and county levy due from the citizens of the counties of Letcher and Ballard for the years 1867, 1868, 1869, 1870, 1871, 1872, and 1873. § 2. This act shall take effect from its passage. Approved January 26, 1874. 1874. CHAPTER 119. AN ACT to regulate the sale of spirituous or intoxicating beverages in Lewis county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: other authorities not to grant license to sell less of spirituous liquors. § 1. That the county court, and all other courts and County court and municipal authorities within the county of Lewis, are prohibited from granting any license to any person or than two gallons persons to vend or dispose of any spirituous liquors or intoxicating beverages within said county in a less quantity than two gallons; and no person shall vend or dispose of a less quantity thereof than two gallons; and all licenses for the vending or disposing of less than two gallons, so granted after this act takes effect, shall be absolutely void. drank alone on premises of purchaser. Penalty on venof this act. dor for a violation § 2. No part of such ardent spirits or intoxicating bev- Such liquor to be erages, when sold in quantities of two gallons or less than two gallons, shall be drank on any other premises than the premises of the purchaser, or premises under his control; and if so drank upon the premises not in the possession of the purchaser, or under his control, the vendor or person disposing of the same to the vendee or receiver shall be guilty, for each act, of keeping a tippling-house, and subject to all the penalties now imposed by law on persons keeping a tippling-house; and shall, moreover, be liable in a civil action for all damages resulting from the use thereof; and which right of action shall first be given to the wife, in case the damages resulted from use by the husband; and second, if there be no wife, then to the minor children; and if there be no minor children, then to any person who shall sue, and half of the recovery, the other halt to the county in aid of the repair of roads and bridges. L.- 11 LOC. Made liable to civil action for damages, and to covered to go. whom amount re 1874. Act to be submitted to people for ratification or rejection. Duties and liabilities of of ficers of election. of canvassers. 3. The first and second sections of this act shall take ef· fect and be in force from the first of December, 1874: Provided, A majority of the persons qualified to vote for Senators and Representatives, who shall vote at the November election, 1874, for Congressmen, for or against the act, shall vote "yes." §4. The sheriffs and other officers of the election, at the different voting places in said county, shall cause two columns to be opened on the poll-books of said election, marked" yea" and "no;" the persons voting for the act shall be counted in the column marked "yea," and those voting against it, in the column marked "no." The same penalties are prescribed, and shall be recovered by like remedies, against the officers of election and other persons for frauds or neglect of duty in the conduct of the election, or for illegal voting, as also by law imposed in the election of Senators and Representatives. § 5. The board of canvassers of the election held in said Duties of board county shall count the votes for and against the law, and declare the result; and shall give one or more certificates thereof, one of which shall be presented at the next county court held thereafter, and the same shall be recorded on its order-book. § 6. The third, fourth, fifth, and sixth sections of this act shall take effect from its passage. Approved January 28, 1874. deputy. CHAPTER 120. AN ACT to authorize the jailer of Caldwell county to appoint an assistant. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be lawful for the jailer of Caldwell Jailer to appoint county, by and with the consent and approval of the county court of said county, to appoint an assistant or deputy, to assist said jailer in the performance of his duties. § 2. That said assistant or deputy, when he shall have Duties of deputy been appointed as provided in the first section of this act, jailer. bond. He shall give shall have the same power to receive, confine, and release prisoners that the said jailer of said county now has; but before the said assistant or deputy shall enter upon the discharge of his duties, he shall execute bond, with security, to the Commonwealth of Kentucky, to be approved by the county court of said county. § 3. This act to take effect from and after its passage. Approved January 28, 1874. CHAPTER 121. AN ACT to amend an act approved March the 28th, 1872, entitled "An act authorizing the Boone county court to appoint trustees for the Burlington Burying-ground, and prescribing their duties." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to authorize the Boone county court to appoint trustees for the Burlington Burying-ground, and prescribing their duties," be, and the same is hereby, amended as follows: That in addition to the powers and duties conferred on the trustees of said buryingground, by the act to which this is an amendment, they are hereby authorized to take and hold, by devise, gift, or donation, any personal property or money that may be devised, donated, or given to them for the benefit of said burying grounds. 1874. Powers and duties of trustees. §2. That they may raise by subscription, when necessary and practical, such sums of money as they may think proper, to beautify and repair said grounds, or for any other purpose connected therewith. Any money or property so devised, or subscribed to them for the benefit of the said grounds, may be sued for and recovered by them in any court of competent jurisdiction in this Commonwealth. Any personalty given, donated, or devised to said trustees may be converted by them into money, to be used, held, and accounted for by them as trustees; and To give bond. they may be required by the county court to execute bond to the Commonwealth, with approved security, for the faithful performance of their duties ground. 3. The said trustees may take by purchase, devise, or May take by gift, purchase, or gift, any real estate, not exceeding ten acres, within one devise, additional half mile of the town of Burlington, to be as an additional to or a separate burying ground, as to them may seem best, in either event to be used and held by said trustees for the purposes declared in this and the act to which this is an amendment. break May recover damages for tres. passes. § 4. The trustees may recover by suit, in their names as trustees, against the owners of stock which may over or through the inclosure of said burying-grounds, for all damages done by such stock so trespassing upon said burying-grounds, and in such actions the recovery shall be equal to the amount of damages proven and costs of suit; and in case it be shown that the owner of the stock had turned the same, or caused the same to be turned, upon said grounds, then the damages may be examplary, in the discretion of the court or jury. And every action provided for or allowed by this section the said trustees shall have a lien upon the stock committing the trespass, and a specific attachment shall be granted Attachment, may them, at or after the commencement of the suit, by the issue. |