1874. damages. 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 for him, or by the company, the court shall forthwith order a jury to be empanneled to try the question of damages, unless, for good cause shown, time is given for preparation. § 43. If no exceptions are filed the report shall be conMode of paying firmed. The jury and commissioners shall, in estimating the damages to any proprietor of land or material sought to be condemned for said road, be governed by the same rule as prescribed in section thirteen of an act incorporating the Elizabethtown and Paducah Railroad Company, approved March 5, 1867; and the mode of valuation provided for herein shall have the same effect, and confer upon the company all the rights and privileges which would be conferred if the proceedings had been had in accordance with the provisions of the original charter of the Elizabethtown and Paducah Railroad Company; and whenever a verdict shall be had, the court may give judgment condemning such land or other material for the use of said company, and against the company for the amount of damages assessed, and also to the owner for his costs, if the verdict shall be for more than was assessed by the commissioners. May take possesafter paying dam sion of property ages. tioned between Gwners. § 44. Whenever it shall be necessary for the said company to have, use, or occupy any land, material, or other property, in order to the construction of said road or repairing the same, or the construction or repairing of their necessary works or buildings, it shall be lawful for the president, directors, or their agents, to take possession of said land or other property after the verdict of a jury has been rendered as hereinbefore provided, and after payment has been made to the owner for the said land or material in accordance with said verdict. § 45. If the person or persons in possession of the land Damages appor- shall hold an estate for years or for life thereon, it shall be the duty of the jury to find the aggregate of the damages, and the circuit court of the county shall apportion the damages found by them to be due between the owner of the estate for years or for life, and the person or persons holding the remainder or reversion therein. § 46. It the person in possession of the land, or the May deposit owner thereof, a tender being made to him of the amount damages with sheriff. of damages fixed by the jury upon the land, or by the circuit court, in case an appeal is taken, shall refuse to receive the same, it shall be lawful for the company to deposit the same with the sheriff of the county in which the inquisition is had: Provided, The said sheriff shall 1874. previously execute bond, with security, in the county. court of the said county, to pay it to such person or persons entitled thereto whenever they may demand the same. Bond to be executed for payment of damages. § 47. If the person in possession of the land be not the owner of it, before he shall be entitled to receive the damages assessed by the jury, he shall execute bond, with good security, to the company, that he will faithfully pay over to the owner of the land the money so received by him; and in case he fails or refuses, upon demand of the company, to execute the bond, it shall be lawful for the company, or its agents, to deposit the money with the sheriff, in the same manner as hereinbefore provided upon the execution of a similar bond by him. § 48. It the land be vacant, or the owner live out of Sheriff to receive the county or State, or be unknown, upon the rendition of the verdict of the jury, a deposit of the amount fixed thereby with the sheriff of the county shall authorize an entry by the company upon the land: Provided, The sheriff first execute bond, as hereinbefore provided. for non-residents. Cases in which damages shall be sheriff. § 49. Where it is ascertained that the person in possession holds an estate for years or for life, and the remain- deposited der or reversion is in another or others, a payment to him of the aggregate amount fixed by the jury shall be sufficient, and the company shall have the right to demand from him a bond, with security, that he will pay to the remainderman or reversioner the amount to be adjudged to him by the circuit court; and if he refuse to execute said bond, the company may deposit the amount with the sheriff, who shall execute bond, as above directed, and then the company may enter and take possession of the land. § 50. The mayor and council, or general council of any city, and the board of directors of any railroad company, may, on behalf of their city or company, guarantee the payment of the principal and interest of the bonds of the said Chicago and South Atlantic Railroad Company of the State of Kentucky; and any railroad or other cor-. poration may subscribe to the capital stock of the said Chicago and South Atlantic Railroad Company of the State of Kentucky. None of the bonds mentioned in this bill shall bear a greater rate of interest than ten per cent § 51. All acts and parts of acts inconsistent with the rights and privileges conferred by this act, are hereby repealed. 52. This act shall be in force from and after its pas- sage. with May guarantee payment of bonds 1874. CHAPTER 446. AN ACT providing for the payment of the cost and expenses incurred before the Senate Committee on Privileges and Elections in the investigation of the controversy between Edmund Wooldridge and W. C. Goodloe, as to who was entitled to a seat in the present Senate from the Twentyseventh Senatorial District. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, directed to draw his warrant on the Treasury in favor of the Sergeant-at-Arms of the present Senate for the following sums of money, payable out of any money in the Treasury not otherwise appropriated, to-wit: two hundred and sixty-eight dollars and eighty-five cents for the payment of witness claims; twelve dollars and fifty cents for sheriffs' fees; two dollars and twenty-five cents for telegraphic dispatches, express charges, and postage. The above sums being for cost and expenses incurred before the Senate Committee on Privileges and Elections in their investigation of the controversy between Edmund Wooldridge and W. C. Goodloe, as to who was entitled to a seat in the present Senate from the Twenty-seventh Senatorial District, which sums shall be drawn by the Sergeant-at-Arms of the present Senate, and distributed by him to the persons entitled thereto. § 2. This act shall take effect from and after its pas sage. Approved February 23, 1874. CHAPTER 447. AN ACT to amend the charter of the Elizabethtown and Paducah Railroad Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That on and after such time as the board of directors may designate, the name of said company shall be changed to that of the Louisville, Paducah, and Southwestern Railroad Company; and in such name it shall thereafter sue and be sued, carry on all its corporate business, hold and own all the property, choses in action, moneys, rights, privileges and franchises of every description, and be subject to all the duties, obligations, debts, and liabilities of every description which it shall hold, own, or be subject to immediately before such change of its name; but all suits which may be pending by or against said company, at the time of such change, shall proceed to final judgment in all respects as if this act had not passed; and said company shall be entitled to all the benefits of said final judgments, and have the same executed against it in all respects as if the name had never been changed: Provided, That nothing herein contained shall be construed to authorize or permit the company under its new name to take up or discontinue, or fail to keep in complete repair and running order, the present road from Elizabethtown to Paducah, and especially between Elizabethtown and Cecellia, from which latter point an extension or branch road is now in course of construction to the city of Louisville, by way of West Point, in Hardin county; nor shall this change in anywise affect any indebtedness created by the Elizabethtown and Paducah Railroad Company; nor any bond or bonds issued by any city, county, or town in aid of said Elizabethtown and Paducah Railroad Company; nor any mortgage or mortgages executed by said company toward the construction and completion thereof. §2. That the board of directors of said company may elect vice presidents, and prescribe their duties and compensation. § 3. This act shall take effect from its passage. 1874. Approved February 23, 1874. CHAPTER 450. AN ACT to extend the common pleas court of Warren county to the counties of Butler, Edmonson, and Muhlenburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Common pleas court established. § 1. That an act, entitled "An act to establish a court of common pleas for the county of Warren," approved March 10, 1869, is hereby made applicable to the counties of Butler, Edmonson, and Muhlenburg; and there shall be established in said counties a court to be known as the court of common pleas of said counties respectively, with exclusive power, jurisdiction, and authority to hear Jurisdiction and and determine all common law actions and motions in said counties, as was given by the act aforesaid to the aforesaid court in the county of Warren. § 2. On the first Monday in August, 1874, and on the same day every sixth year thereafter, an election shall be held in said counties of Warren, Butler, Edmonson, and Muhlenburg, for the election of a judge of said court, who shall enter upon his office on the second Monday thereafter, and continue in office for six years, and receive a salary of twenty-five hundred dollars ($2,500), payable out of the Treasury in the same manner as the powers. When judge to be elected term of office, and salary. 1874. made applicable. Special terms. salary of a circuit judge. The election, provided for in this act shall be conducted in all respects as an election for judge of the circuit court. act. §3. All the provisions of section five, section seven, General Statutes and section eight, of article ten, in chapter twenty-eight, of the General Statutes, except so far as the same confers equity jurisdiction upon courts of common pleas, are hereby made applicable to the court established by this Article seven of chapter twenty-eight of the General Statutes, in reference to the election of special judges, shall be applicable to the judge of said court. Special terms for the trial of causes may be held in either of said counties, which terms may be called in the manner provided by law in relation to special terms of circuit courts. § 4. The terms of said court shall be as follows: In the Terms of court-county of Warren, one term beginning on the second number of juridi- Monday in April, and continuing twenty-four judicial days, if the business shall require it; one term beginning on the second Monday in October, and continuing twenty-four judicial days, if the business shall require it. when held and cal days. In the county of Butler, one term beginning on the second Monday in March, and continuing six judicial days, if the business shall require it; one term beginning on the second Monday in September, and continuing six judicial days, if the business shall require it. In the county of Muhlenburg, one term beginning on the fourth Monday in January, and continuing eighteen judicial days, if the business shall require it; one term beginning on the third Monday in July, and continuing eighteen judicial days, if the business shall require it. In the county of Edmonson, one term beginning on the third Monday in May, and continuing six judicial days, if the business shall require it; one term beginning on the third Monday in November, and continuing six judicial days, if the business shall require it. § 5. After the election and qualification of the judges Court to have as provided by this act, the common pleas court for the juris diction of law counties of Warren, Butler, Edmonson, and Muhlenburg now pending in respectively shall have jurisdiction, exclusive of the cir common actions & motions circuit court. pleas court is or cuit court in said counties, of all common law actions and motions; and the common law actions and motions now pending in the circuit courts of the counties aforesaid shall be disposed of as provided by this act. § 6. It shall be the duty of the circuit court in the After common counties of Butler, Edmonson, and Muhlenburg, at the ganized, circuit close of the first term after the organization of the court Court to transfer created by this act, to make orders transferring to said common pleas court so many of the common law causes left undisposed of in said circuit court; and the causes thus transferred shall be entered upon the docket of said causes. |