land and mate rial. May condemn company shall be unable to agree with the owner of land, earth, stone, gravel, timber, or other material or thing required for the site or construction of said road, or when ever the land or material shall be owned by any person not a resident of said county, or who is a feme covert, an infant, or non comps mentis, it shall be the duty of said commissioners to view the land or material required, and to fix the amount of compensation to which the owner or owners of such land or other material shall be entitled; and to make out and return to the office of the clerk of the county court a report, in writing, particularly describing the land or other material valued, and the amount of damages assessed. The report of the commissioners shall give the name of the owner, and state whether said owner is a resident of the county, and whether a feme covert, an infant, or non-sane person. The clerk shall receive such report and file the same, indorsing thereon the time of its being filed; and if the owner resides in the county, he shall forthwith issue a summons commanding the owner or owners of such lands to appear and show cause why the report of said commissioners should not be confirmed, which summons shall be forthwith executed by the sheriff or other officer in whose hands it may be placed. The report shall be docketed in the county court, and stand for trial at any term of said court, commencing not less than ten days after service of the summons. If the owner is not a resident of the county, the court shall, at the first term after the report is filed, appoint an attorney to defend for such owner, who may file exceptions at any time. not later than the next term; and upon exceptions being filed by the owner, or by an attorney appointed to defend him, or by the company, the court shall forth with order a jury to be empaneled to try the question of damages, for good cause shown, time is given for preparation. If no exceptions are filed, the report shall be confirmed. The jury and commissioners, in estimating the damages to any proprietor of land or material sought to be condemned for said road, shall find for the owner or owners the actual value of the land or other thing proposed to be taken; but in estimating damages resulting incidentally to the other land or other property of such owners, they shall offset the advantage to such residue to be derived from the building and operating of said road by, through, or near such residue: Provided, That land condemned for railway shall not be more than one hundred feet wide, unless said company shall file with the court, at the time of applying for the appointment of commissioners, the affidavit of some one of its engineers, stating that a greater width is necessary, and how much more is required, when the inquisition shall be for the quantity thus stated. 13. That whenever it shall be necessary for said company to have, use, or occupy any lands, material, or other property, in order to the construction or repairing of said road, or their necessary works or buildings, the president and directors, or their agents, or those contracting with them for constructing or repairing the same, may immediately take and use the same, they having first caused the property wanted to be viewed by commissioners appointed as hereinbefore prescribed; and it shall not be necessary, after such view, in order to the use and occupation of the same, to wait the issue of proceedings upon such inquest; and the inquest of the jury, after the payment or tender of such valuation, shall be a bar to all actions for taking and using such property, whether begun before or after such confirmation or payment of said valuation. freights. § 14. That said company may, when a sufficient por- Rates of fare and tion of said road is completed to justify the running of trains, as common carriers charge such rates for the transportation of freights and passengers as they may deen proper: Provided, Said rate shall not be in excess of what other railroads are allowed by law to charge: Provided, The rates of freight charged shall not exceed the rates now being charged by other railroads operating in this State, or that may be regulated by law hereafter. § 15. That it shall be lawful for said Louisville, Cloverport, and Western Railway Company to make all needful running arrangements with any railroad company with whom they may connect, upon such terms and conditions as may be agreed upon by the said railway company and any other railroad company they may connect with. 16. That it shall be lawful, and the president and board of directors of said Louisville, Cloverport, and Western Railway Company are hereby empowered, to sell, lease, or consolidate said railway to any railroad corporation with whom they may connect, upon such terms and conditions as may be equitable to the stockholders of said company: Provided, That a majority of the stockholders being present, either by person or proxy, consent thereto. § 17. That the said board of directors, with their president, are hereby empowered to lease or buy any railroad with which they may connect, upon such terms as may be agreed upon by said railway company and the company or corporation with which they may contract; and are also empowered to lease or buy coal mines of lands adjacent to the said railroad, and to operate the same: Provided, That a majority of the stockholders being present, either by person or proxy, consent thereto. § 18. That said company shall commence work on said road within five years from the date of its passage. Approved April 24, 1880. CHAPTER 1138. AN ACT to amend the charter of the town of Harrodsburg, Mercer county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the trustees of the town of Harrodsburg be, and they are hereby, authorized to grant a license to the lessee or lessees of the public hall, on Main street, known as Chenowith Hall, for the purpose of having public entertainments, concerts, lectures, and shows therein, such as are usually taxed and licensed by municipal authorities, and are not immoral and unlawful. § 2. That the license granted by said trustees to the lessee or lessees, or owner of said hall, shall not be for a longer period than one year from the date of granting the same, and shall be for a specific amount of money to be fixed by the trustees for the annual license of said hall, which sum shall be paid to the trustees by the said lessee or owner of the hall, when the license is granted and issued; and no other tax or license for public entertainments in said hall shall be required to be paid said lessee or owner. §3 That this act shall take effect from and after its passage. Approved April 24, 1880. CHAPTER 1139. AN ACT for the benefit of the Homeless and Friendless of the city of Cov ington. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That for the purpose of the erection and maintenance of an institution for the homeless and friendless in the city of Covington, which shall be of a self-sustaining nature or basis, that five persons, to be elected by the city council of Covington as trustees, with per- Trustees. petual succession, be, and they are hereby, created a body politic, by the name of the Trustees of the Homeless and Friendless Institute of Covington, Kentucky; and by said corporate name are hereby given all the rights, privileges, and powers of bodies corporate for the use and purposes herein set forth § 2. Said corporation may acquire and hold, by gift, purchase, loan, or otherwise, donations of fuel, food, raiment, lumber, &c., to be used for the purpose aforesaid; and may acquire and hold, in fee-simple or otherwise, the necessary grounds and buildings; and may make such rules and by laws necessary for the good government of said institution: § 3. The property and affairs of said corporation shall be under the control of five trustees, who shall be elected as provided in the first section hereof, one of whom shall LOC. L, VOL. II-41 Property and afcontrol of trus fairs to be under tees. filled.; hold his office for one year, one for two years, one for three years, one for four years, and one for five years, and until their successors are qualified. The first election shall take place at the first regular meeting in July, Vacancy - how 1880, and each successive year at the same time. A vacancy in the board by death, resignation, or otherwise, shall be filled by the city council. Three of the trustees shall constitute a majority of the board and a quorum for the transaction of business; and when only a majority of the board is present, they shall all concur in any measure that be brought before them. § 4. The said trustees may select their places and times of meeting. They shall have full power to compel the attendance of absent members, and to impose a fine not to exceed five dollars, on any member who shall be absent without good cause, which said fine may be collected as other fines are now collected, in any of the May elect a pres courts of Kenton county. Said trustees may select a ident and other officers. Location. president, secretary, and treasurer, who shall hold their respective offices at the will of the trustees, and may be required to give bond in such penal sums as said trustees may deem necessary for the faithful performance of their duties, and whose compensation may be fixed by said trustees. But said trustees shall be entitled to no compensation for their services. They shall select a depository where all moneys shall be kept, and from which no money shall be drawn, except upon the order of the trustees, evidenced by check or draft signed by the president and countersigned by the secretary, and indorsed by the treasurer of said board. § 5. The said institution shall be located in the city of Covington, or within five miles of its corporate limits, as said trustees may determine. Either of said trustees may receive subscriptions for said institutions until the corporation is organized, and after organization, may make arrangements for additional subscriptions; and the city council of said city may, and it hereby is authorized to, set apart, for the use and benefit of said institution, from and out of the general fund in the treasury of said |